HomeMy WebLinkAbout2008_04_29 CC PKTApril 29, 2008 City Council Packet
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Brookings City Council
Tuesday, April 29, 2008
City Hall Council Chambers
311 Third Avenue
5:00 p.m. ~~ Work Session
6:00 p.m. ~~ Council Meeting
Mission Statement
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through
innovative thinking, strategic planning, and proactive, fiscally responsible municipal management.
5:00 P.M. WORK SESSION
** 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. Swiftel Center Expansion Plans - Swiftel Center Advisory Board.
2. Review draft City Council goals.
3. Annual Reports from City Volunteer Boards, Committees and Commissions.
4. 6:00 p.m. Meeting Review.
5. City Clerk Reports: Upcoming Council Meetings and Council Invites & Obligations.
6. 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 on various committee, commission and board volunteer appointments.
D. Action on Resolution No. 37-08, a Resolution of the City Council of the City of
Brookings Declaring Certain Real Property as Surplus and Authorizing the Sale
of Such Property. (The south six rods of the SE¼ of the SE¼ of the SE1/4 of Section 21-T110-R50W
– 1.5 acres more or less.)
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.
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Presentations/Reports/Special Requests:
5. Mayoral Proclamations:
o April 25 Arbor Day
o May 2-3 VFW Buddy Poppy Days
6. Open Forum.
7. SDSU Report.
Ordinances – 1st Readings **
** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public hearing is announced.
Ordinances – 2nd Readings / Public Hearings:
8. Ordinance No. 15-08: Action on an application for a conditional use to establish a
drive-in food service on Lots 12 – 14, Block 6, Original Plat Addition (425/427 Main
Avenue).
Action: Open & Close Public Hearing, Motion to approve, Roll Call
(note: A super majority vote of 5/2 will be required on this item to pass)
9. Ordinance No. 16-08: Action on an application for an amendment to a conditional use
to establish four (4) additional dwelling units in an apartment on a portion of Lot 18, and
Lot 19, except the W85 feet of Lot 19, College Addition (649 Faculty Drive).
Action: Open & Close Public Hearing, Motion to approve, Roll Call
10. Ordinance No. 17-08: Action on amendments to the sign ordinance pertaining to
electronic message signs.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
Other Business.
11. (TABLED on 4/11/08) Action on Resolution No. 29-08, a resolution authorizing the city
manager to enter into a liquor operating agreement with BraVo’s on a temporary basis
until the new restaurant licenses are issued.
Action: MOTION TO REMOVE FROM TABLE
Motion to approve, Request Public Comment, Roll Call
12. Discussion and possible action to enter into a lease agreement with the Shamrock as a
convention facility.
Motion to approve, Request Public Comment, Roll Call
13. Discussion and action to approve the Subsidy Policy.
Motion to approve, Request Public Comment, Roll Call
14. Update on retail development.
Informational
15. Adjourn.
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Brookings City Council
Scott Munsterman, Mayor
Tim Reed, Deputy Mayor
Mike Bartley, Council Member
Tom Bezdichek, Council Member
Ryan Brunner, Council Member
Ginger Thomson, Council Member
Julie Whaley, Council Member
Council Staff:
Jeffrey W. Weldon, City Manager
Steven Britzman, City Attorney
Shari Thornes, City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday @ 1pm, Thursday @ 7 pm & Friday @ 9 pm
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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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. Swiftel Center Expansion Plans - Swiftel Center Advisory
Board.
Members of the Swiftel Center Advisory Committee will be present to discuss the
Swiftel Center expansion plans with the Council. Current members are Rod Schaefer,
Chairman, Tom Coughlin, Matthew Nelson, Barb Telkamp and Deb Garbers.
Estimated Time (45 minutes)
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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. Review draft City Council goals.
The Brookings City Council and City Manager participated in a facilitated strategic goal
setting session at the Swiftel Center on March 26, 2008. The following is a draft of the
City’s Capital Project Prioritization and Goals for 2008 developed as a result of that session.
The Capital Project Prioritization is listed in order of priority accompanied with a policy
statement. The City Manager will further expand on each Capital issue and project by
identifying action steps, timeline, schedules, project cost and means of financing,
responsible party, performance measures and outcomes for each capital project and/or
issue. Each of the goals listed in the document relates to Quality of Life, Economic
Development, Partnerships, Fiscal Responsibility and Governance.
Formal council review and adoption of the goals is scheduled for May 13th.
Estimated Time (10 minutes)
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Capital Project Prioritization for 2008
Issue/Project
1. Airport dual-track analysis
Policy Statement
Complete the FAA mandated dual track analysis to resolve the airport runway matter
by year-end to decide 1) re-align the main runway at the current site; or 2) relocate
the airport to a proposed site southeast of Brookings.
Issue/Project
2. Railroad crossing safety improvements
Policy Statement
Improve the safety of all in-city railroad crossings with city streets through short-term
strategies that install quad-gates and other appurtenances at crossings; medium-term
strategies that accomplish grade separation at intersections where possible; and long-
term strategies that accomplish a railroad by-pass around Brookings.
Issue/Project
3. Innovation Campus infrastructure
Policy Statement
Install the necessary infrastructure to complete the Innovation Campus with the
exception of the street surface to the exterior street loop; the street surface to be
completed later.
Issue/Project
4. 34th Avenue/20th Street overpass transportation project
Policy Statement
Complete the engineering feasibility study, and begin planning for the construction of an
upgrade to 34th Avenue, construction of 20th Street extension, and an I-29 overpass for
20th Street.
Issue/Project
5. South trunk utility extension
Policy Statement
Work with developers and BMU to provide the installation and financing of major trend
water and sewer extensions south of 20th and 32nd Streets to facilitate additional
development in accordance with the comprehensive plan.
Issue/Project
6. Storm water drainage
Policy Statement
Complete the storm water management master plan, and identify and prioritize specific
storm water management construction projects. Begin construction of said projects.
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Issue/Project
7. Space needs analysis
Policy Statement
Address the projected space and building facility shortage identified in the completed
space needs study. This is to be accomplished by examining 1) expanding current
facilities, 2) replacing current facilities, or 3) combining a new facility with Brookings
County.
Issue/Project
8. Swiftel Center expansion
Policy Statement
Continue to analyze the potential/feasibility of expanding the Swiftel Center for
convention, storage, and office needs as well as the possibility of partnering with a
private developer for an attached hotel.
Goal #1 Quality of Life
Strategy A (Transportation)
Improve public transportation services. Use the Transportation Committee report to
develop initiatives to improve/expand public transit services.
Strategy B (Bicycle-pedestrian friendly)
Make the community more bicycle and pedestrian friendly. Develop plans to promote,
encourage and develop bicycle lanes or certain streets and continue the development of
comprehensive bicycle-pedestrian pathway system that connects neighborhoods,
schools, parks, SDSU and other civic and cultural amenities.
Strategy C (Park system planning and development)
Develop a park system master plan which will guide the long-range development of the
park system. The plan should be consistent with the City’s overall comprehensive plan.
The plan should address means to increase play at Edgebrook Golf Course. Identify
physical improvements to all city parks and trail systems, evaluate property holdings and
suggest location for future parkland.
Strategy D (Nature Park)
Complete an adoptive reuse plan to convert the old landfill into a Nature Park Preserve
Area.
Strategy E (Community wellness)
Develop a community wellness initiative which forges partnerships into a community
grass-roots coalition designed to promote health and wellness.
Strategy F (Education and literacy)
Develop a community based partnership with Brookings Public Schools and SDSU that
emphases education and literacy, promotes access to technology, and uses the
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resources of the local libraries as centers for lifelong learning. Facilitate redesign of
educational systems to survive and thrive in a new economy.
Strategy G (Housing opportunities)
Implement the recommendations of the housing study to develop more diverse housing
options to meet the needs of current and future residents. Examine and address issues
of neighborhood density and character.
Strategy H (Wi-Fi hotspots)
Work with BMU to identify locations and install routers that can provide wireless
internet service.
Goal #2 Economic Development
Strategy A (Marketing)
The Visitor Promotions Committee should complete development of a comprehensive
community marketing plan designed to promote Brookings as 1) an attraction location
for special events, and 2) an attractive location for new business development and
expansion as well as its quality of residential life.
Strategy B (Workforce development)
BEDC should spearhead a comprehensive workforce development project to advertise,
recruit and develop a qualified and diverse workforce to fill needed employment ranks.
Work with SDSU for specified workforce program of college graduates.
Strategy C (Retail development)
BEDC and the City should partner on specific initiatives designed to attract and retain
retail businesses.
Strategy D (Purchase property for future development)
Seek means to purchase or otherwise acquire property that can be land banked for
future resale to encourage commercial and industrial development and investment.
Strategy E (Road system into developing areas)
The City should continue efforts to strategically identify and construct future street
systems to help develop industrial parks or other commercial corridors.
Strategy F (Main Avenue Improvement Project)
Construct the Main Avenue Improvement Project that includes street, utility, sidewalk
and streetscape amenities.
Strategy G (State property acquisition)
Exercise option to acquire state DOT parcel as a means of land banking for future
retail/commercial development (Specific strategy to Strategy D).
Strategy H (Rail Authority membership)
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Obtain membership on the Brookings Rail Authority to use as a means of improving rail
service and safety.
Strategy I (Transportation funding legislative changes)
Lobby for legislative changes that provide local central funding mechanisms to meet local
transportation challenges.
Goal #3 Partnerships
Strategy A (I-29 business clusters)
Promote the development of industry clusters along I-29 among communities on or
near the interstate. Develop specific strategies for regional economic development.
Strategy B (SDSU)
Continue to work with SDSU on mutually beneficial projects. Provide input on campus
master plan as requested. Develop compensation enhancement program for college
professors.
Strategy C (Intergovernmental relations)
Maintain ongoing intergovernmental relationships and develop partnerships with state
and federal legislations, SDSU officials, school board, county board and township board
officials.
Goal #4 Fiscal Responsibility
Strategy A (Reserve)
Continue the practice of officially dedicating undesignated reserves for specific projects.
Strategy B (Debt levels)
Strategically schedule issuances of debt so their placement accomplishes the highest
level of prudent capital investment while maintaining the highest level of financial
stability.
Goal #5 Governance
Strategy A (Budget development)
Implement initiatives designed to solicit and secure public input on budgetary issues and
spending priorities.
Strategy B (Public education, openness in government)
Implement initiatives to inform and educate the public about the workings of their city
government through various mediums such as website, cable TV, surveys and
newsletters. Continue to explore and develop live web streaming of council meetings.
Strategy C (Council training and development)
Provide training opportunities such as the National League of Cities Conferences, South
Dakota Municipal League and others that invest in elected officials’ education and
training.
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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.
3. Annual Reports from City Volunteer Boards,
Committees, and Commissions.
In compliance with the City’s Governance and Ends Policies, each city volunteer board,
commission and committee has provided its 2007 annual report of activities to the City
Council for informational purposes. If the Council has questions regarding a specific
board report, that group would be invited to a future meeting to respond to questions.
1) Airport Board
2) Board of Adjustment
3) Board of Appeals
4) Board of Health
5) Brookings Committee for People who have Disabilities
6) Historic Preservation Commission
7) Human Rights Committee
8) Library Board
9) Park & Recreation Board
10) Planning Commission
11) Traffic Safety Committee
City Council Governance and Ends Policy
1.6 Governance Process, Citizen Advisory Boards
The Council values the expression of citizen viewpoints on topics of concern to the Council. Therefore, the
Council will continue the tradition of seeking input from volunteer citizen advisory boards and committees,
although final responsibility for decisions, and the implementation that follows, rests entirely with the Council. The
Council reminds staff that the ideal purpose of citizen involvement is not to advance staff agendas, but to seek
objective opinions from a diverse range of citizens.
Guideline A:
The Council will make every effort to offer overall direction and guidelines to citizen volunteers, through the use
of Council Ends Policy statements, and by reviewing the mission and need for each citizen advisory board and
committee on an annual basis. During the annual review:
The Council will determine if the need for a citizen advisory board or committee justifies continuation of the
board or committee. If continuation is justified, proceed to #2.
The Council will make an effort to determine the most effective use of citizen volunteers, with a primary
decision being the length of service for each board and committee. The Council believes citizen input will
be more likely objective and updated if the advisory board or committee is kept in an ad hoc (short-term)
format. However, the Council recognizes that some complex issues require citizen involvement for a
longer period in order to be effective.
Unless otherwise specified by the Council, the City Manager will coordinate the activities and reporting
functions of all citizen advisory boards and committees.
The City Manager will base his guidance of citizen advisory boards and committees on Ends Policies
established by the Council.
The Mayor, with advice and consent of the Council, will make all appointments to citizen advisory boards and
committees.
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Upon recommendation of the City Manager, the Council may approve the creation of ad hoc committees to
assist the City Manager or his staff.
Guideline B:
The Council directs all staff to review relevant Ends Policies with citizens upon their appointment to an advisory
board or committee. The Council asks staff to be as objective as possible in educating and presenting options to
citizens, since the purpose of advisory boards and committees is not only to hear from citizens, but to increase
citizen involvement, loyalty, and creativity toward their City.
The Council asks the City Manager to create and regularly update an orientation packet for each new
volunteer that includes relevant Ends Policies.
The Council asks staff to review this orientation packet with each potential volunteer, prior to their
appointment, emphasizing this very policy (Policy 1.6), and asking for a citizen signature on the line that
indicates understanding of this policy.
Staff will provide regular summaries of citizen committee work to the Council.
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BROOKINGS AIRPORT BOARD
Year 2007 Annual Report
PURPOSE
Under the City Manager/Council form of government and the rewrite of the city ordinances,
the Airport Board’s function is advisory. The ordinance states:
Section 18-42 Advisory Role
The Airport Board is advisory to the City Manager and Council on matters concerning the city
airport.
PROGRAMS AND SERVICES
The Airport Board, at its monthly meetings, receives reports on the operation of the airport
from the Airport Manager, City Engineer, airline representative, FBO, and any other interested
parties. It reviews proposed construction plans for the airport. It recommends leases of airport
land for hangars and for farming. It reviews the operations of all facets of the airport and makes
recommendations for improvements as necessary. The Airport Board reviews all concerns and
complaints in an effort to resolve the issues.
VOLUNTEER AIRPORT BOARD MEMBERS
Robb Sexauer is the Chairperson on the Board. With his agricultural business, he uses air
travel quite extensively. He is a multi-engine, instrument qualified pilot with several
thousand hours of flight time. He first soloed on his 16th birthday and has had his pilot’s
license ever since. Robb has served on the Airport Board since 1988.
Jim Bailey is a retired veterinarian. He is presently serving his second stint (beginning in
2000) on the Airport Board. Bailey spends a portion of just about every day in his hangar at
the airport as he is restoring a Gull Wing Stinson. He has been working on it for several
years. He has held a pilot’s license for 45 years. His first flying hours were in a Piper Cub
before Pearl Harbor.
Harry Forsyth began flying in 1952 piloting fixed wing aircraft and helicopters. He racked up
flying hours in the US Army, at SDSU for ten years and with the National Guard for 33
years. He has a total of 7,000 flying hours. Harry has served on the Airport Board since
1994.
Jeff Boulware is a retired Deputy Operations Group Commander from the Air Force. He is
now the head of the Aviation Program at South Dakota State University and highly active in
their new flight training program. Jeff has served on the Board since May 2006. He owns a
Moony aircraft and a hangar at the airport.
Lynn Riedesel is the newest member on the Airport Board. He is a retired Captain from
Northwest Airlines and has over 25,000 flying hours. Lynn owns a Bonanza, an Extra and is
a partial owner of a Cub at the airport. Many airport tenants claim that he also owns the
cleanest hangar on the airfield.
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PERFORMANCE MEASUREMENT
Twelve meetings were held in 2007. All five members were present at all but three meetings
for a total of 96 volunteer hours spent in meetings. On average, the meetings were an hour
and forty-five minutes in duration. Each member spent additional time in preparation for the
meetings.
EXPENDITURE REPORT
The only direct expenditures by the City in 2007 on behalf of the Airport Board were the
expenses of (3) members to attend the Annual Airport Conference held in Yankton, SD. The
cost to the Airport Board, for rooms and registration in Yankton, was approximately $450.
YEAR END ACCOMPLISHMENTS
• Sent a letter of support to the congressional delegates and Dennis Devaney, USDOT,
requesting continued Essential Air Service for Brookings
• Approved a Fly-In at the airport
• Approved leases, lease transfers, and amendments
• Approved an agricultural spraying business for operation at the airport
• Requested a sign at the airline terminal building reading “Airport Passenger Parking Only
(others will be towed at the owner’s expense)”
• Recommended that the City Council immediately adopt a conformance regulating
ordinance stating that “state and federal laws must be followed in construction areas on
properties around the airport”
• Chose a mission statement, which reads “The Brookings Regional Airport strives to
provide a safe, first class airport for regional residents and the flying community”
• Directed Helms & Associates to pursue the financing for a 10’ fence and also install six
(6) inset lights
• Recommended to the City Council that the Airport Board is unanimously opposed to
the new third airport alternative which would completely limit the growth of the
present airport in the future
• Recommended to the City Council to raise the current rate of the land leases at the
airport to $0.10 per square foot
• Approved the Temporary Fixed Base Operator (FBO) Agreement for Pheasant’s Fury,
LLC
AIRPORT BOARD GOALS AND OBJECTIVES FOR 2008
• To ensure the safety of residents, pilots and passengers by maintaining a hazard-free
airport.
• To provide a first class aviation facility for economic development and the regional
community
• To meet and exceed all FAA, TSA and State requirements for the airport
• To increase revenue provided by landing fees, terminal rent, land leases, fuel sales,
hangar leases and other sources of revenue
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BOARD OF ADJUSTMENT
Year 2007 Annual Report
PURPOSE. The Board of Adjustment is a quasi-judicial board that may, in appropriate cases
and subject to appropriate conditions and safeguards, make special exceptions or grant
variances to the terms of the zoning ordinance.
PROGRAMS AND SERVICES. The Board of Adjustment hears appeals by any person who
is seeking relief from the strict application of the zoning regulations. In reviewing an application,
the Board of Adjustment may, in conformity with state law, reverse, modify, or affirm, wholly
or partly, the regulations(s) set forth in the zoning ordinance. The concurring vote of three-
fourths of the members of the board is necessary to decide in favor of the applicant or to effect
any variation in the zoning ordinance.
PERFORMANCE MEASUREMENT. The Board of Adjustment generally holds meetings
on the first and third Thursdays of each month. In 2007, the Board held 17 meetings and acted
on 46 variance requests. The following variance requests were received for consideration:
o Six (6) to build closer to the rear lot line
o Six (6) to establish front yard parking
o Five (5) to build closer to the front lot line
o Four (4) to install a wider driveway
o Four (4) to build a higher fence in a front yard
o Four (4) to establish fewer parking spaces
o Three (3) to build closer to a side lot line
o Three (3) to build larger accessory buildings
o Three (3) to establish a narrower lot width
o Two (2) to install a second access drive
o One (1) for the following issues: to erect a larger sign; to establish less lot area for a
residential use; to erect a taller building; to expand a nonconforming use; to park in a
required landscape area; and to provide less separation between buildings
The Board of Adjustment approved 28 variance requests, modified and approved 12 requests
and denied 6 requests.
EXPENDITURE REPORT. Funding and staff time associated with the Board of Adjustment
is budgeted through the Engineering Department.
GOALS AND OBJECTIVES FOR 2008 . The Board of Adjustment strives to apply the
regulations established in the zoning ordinance and the powers afforded them through state law
to produce consistent decisions. The Board heard 9% more variance requests in 2007 as
compared to 2006. After-meeting workshops and training for board members will be
emphasized in 2008. In addition, staff is planning to provide field trips for the members in order
to observe the effect that approved variances had on adjacent property.
UNMET NEEDS
None
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BOARD OF APPEALS
Year 2007 Annual Report
PURPOSE
The Board of Appeals is a statutorily created board. The amendment to Section 112 of the
International Building Code states:
112.1 and R112.1. General. In order to hear and decide appeals or orders, decisions or
determinations made by the building official relative to the application and interpretation of this
code, and to determine the suitability of alternate materials and methods of construction, there
shall be and is created a board of appeals consisting of members who are qualified by
experience and training to pass on matters pertaining to building construction and who are not
employees of the jurisdiction. The building official shall be an ex-officio member of and shall act
as secretary to such board, but shall have no vote on any matter before the board. The board
of appeals shall consist of five members. Each member shall be appointed for a term of five
years. The successors shall be appointed upon the expiration of the respective terms to serve
five years. A vacancy shall be filled by the mayor with the concurrence of the city council for
the unexpired term of any member who resigns, dies or is removed. The board of appeals shall
elect a chairperson and vice-chairperson from its members. They shall adopt rules of
procedure for conducting the business of the board of appeals, and shall render all decisions
and findings in writing to the appellant with a duplicate copy to the building official.
112.2 and R112.2. Limitations of authority. The board of appeals shall have no authority
relative to the interpretation of the administrative provisions of this code, nor shall the board
be empowered to waive requirements of this code that pertain to or affect life safety.
The Board of Appeals also performs these same functions for the Uniform Fire Code and the
Fire Marshall.
PROGRAMS AND SERVICES
The Board of Appeals meets on call and generally renders an immediate decision after hearing
all of the information presented.
MEMBERSHIP
The members of the Board of Appeals are as follows:
Spencer Hawley, Chairperson, is an insurance company owner
Ray Froehlich is a retired Building Inspector
Dick Anderson, is a masonry contractor
Dan Rettedal, is a local contractor
Gerald Foster is a local plumber
PERFORMANCE MEASUREMENT
The Board of Appeals met in April and December in 2007. During the April meeting, the Board
discussed an amendment to the building code regarding smoke detectors and the snow load.
During the December meeting, the Board discussed changes from the City’s current building
code, 2003 International Building Code to the 2006 International Building Code. The City is
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proposing to adopt the 2006 IBC in the future and the board began discussion regarding the
differences between the codes and proposed amendments.
The committee members volunteered approximately 9 hours total.
EXPENDITURE REPORT
No funds were expended for the operation of the Board of Appeals in 2007.
GOALS AND OBJECTIVES FOR 2008
• Meet on call within three (3) days of a request for a hearing on an order or
determination made by the Building Official or the Fire Marshall.
• Review possible amendments to the International Building Code.
UNMET NEEDS
None
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BOARD OF HEALTH
2007 Annual Report
MEMBERSHIP FOR 2007
Dr. Merritt Warren
Jesse Ronning
Roberta Wagner
LuAnne Napton
Trish Matson Buus
Pat Lyons
Paul Irwin
Emil Klavetter
Karen Cook
The membership consists of nine members that represent industry, transportation, economics,
environmental concerns, governmental institutions, the county commission, business,
agricultural business, and a licensed physician.
PURPOSE
The Board of Health provides general supervision over the sanitary conditions of the city, the
operation of the Brookings Regional Landfill, and the city solid waste collection system. In
addition, the Board of Health will provide the City Council and city staff with advice and
information as they may require in regard to the public health, and in the functions of the
Brookings Regional Landfill and the city solid waste collection operation.
PROGRAMS AND SERVICES
The Board of Health is involved in the review of the budget and operations of the landfill, the
collection of refuse, yard waste program, and the recycling collection program. In addition, the
annual Spring Cleanup, the Paint Exchange Program, the Free Compost Program, the Free Fall
Leaf Disposal Program and the Christmas Tree Collection Program are operated under the
direction of the Board of Health.
The Board of Health had several major activities during the year 2007.
• The Board of Health submitted a survey as part of The National Children’s Health
Study.
• Planning for a pandemic influenza outbreak was continued in conjunction with the
Brookings Health System, SDSU, the Brookings County and the Brookings Chapter of
the Red Cross. A draft preliminary plan was finished on Pandemic Influenza County
Wide Response.
• Purchased a new water truck to haul leachate which replaced our 1977 IHC
• Purchased a new pickup to replace our 1982 S-10
• Had a one day collection of electronic waste on September 22, 2007.
• Spring Cleanup (April 9 – 28, 2007)
• Paint Exchange (April 14, 2007)
• Contracted with Mueller Pallets, Inc. to grind wood & lumber.
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• S&S Tin Baling, Inc. baled 356 tons of scrap iron for revenue of
• $22,255 plus no charge for pumping Freon from 754 units (refrigerators, freezers, air
conditioners, dehumidifiers, etc.)
• Transferred $500,000.00 to the General Fund from the Solid Waste Fund.
PERFORMANCE MEASUREMENT SUMMARY
A measurement of performance for the Board of Health is the degree of success in meeting the
year’s goals. The original Board of Health goals for 2007 did not include the survey for the
National Children’s Health Study which was added during the year of 2007.
There were two goals that were not accomplished. One goal was to do an amendment to our
solid waste permit to allow petroleum contaminated soils to be buried directly as a waste
versus being land farmed prior to use as an alternate cover. This was to reflect a change in
state regulation. However, the state Department of Environment and Natural Resources
stated that if we wanted to wait and just incorporate the changes in handling of contaminated
soil into our permit renewal in 2009 we could. Therefore, it was decided not to spend the
money on a permit amendment and just keep handling soil in the same manner as we have been
doing.
The second goal that was not accomplished was to buy out or replace the trommel screen that
we own with the City of Sioux Falls (Sioux Falls owns 80% of the current trammel screen). The
City of Sioux Falls did not budget money to replace the screen for 2007. Therefore, this
project is on hold till they budget money to upgrade their equipment.
The Board of Health did very well in achieving the amended 2007 goals.
EXPENDITURES
The Board of Health has a $500 line item budget within the landfill budget.
The Board of Health did spend $100.00 during 2007 for supporting the Big Sioux Water
Festival. The Board of Health/Solid Waste Committee has used their money in the past for
trips to look at new technology, attending workshops, buying books, or supporting the Big
Sioux Water Festival.
GOALS AND OBJECTIVES FOR 2008
The following are the Board of Health goals for 2008:
• To continue working on planning for a pandemic influenza outbreak with other entities.
• To continue to participate in the National Children’s Health Study.
• Purchase a new Concover machine (alternate cover) to replace our 1996 machine
($95,000 budgeted).
• Purchase a new litter vacuum machine ($60,000 budgeted).
• Purchase a new pickup to replace our 1992 Ford ($25,000 budgeted).
• Have at least (1) one day collection of electronic waste (tentatively scheduled for April
26th, 2008).
• Begin engineering portion of permit renewal for 2009.
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• Design electronic waste storage building for construction in 2009 ($150,000 estimated
in Capital Improvement Plan).
• Conduct Spring Cleanup (April 7 – 26, 2008)
• Hold the Annual Paint Exchange (April 12, 2008)
• Discuss annual budget requests.
• Discuss possible rate increase.
• Goal of transferring $425,000.00 to the General Fund
UNMET NEEDS
The Board of Health does not have any unmet needs.
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BROOKINGS COMMITTEE FOR PEOPLE WHO HAVE DISABILITIES
2007 Annual Report
MISSION STATEMENT
The members of the committee serve as advocates for the rights of people in our community
who have disabilities. Throughout the year, specific events are held to bring awareness and
information to our citizens. Technical assistance is provided to the business community, private
individuals, governmental entities, and non-profit organizations. This is a service not provided
by any other entity in Brookings.
COMMITTEE PURPOSE
Membership: 11
Term: 3 years (1 year terms for one student position)
Residency: 7 must be residents - non-residents may not exceed 25% of committee
Legal Reference: Resolution No. 32-88, Resolution No. 35-90, & Ordinance No. 28-91
The Brookings Advisory Committee for People who have Disabilities was created in 1990 to
provide a framework for community-based advocacy in the removal of mobility and attitudinal
barriers faced by individuals with disabilities. The committee’s purpose directly corresponds to
the City’s goal to provide a high quality of life for its citizens. The members of the committee
serve as advocates for the rights of people in our community who have disabilities. Throughout
the year, specific events are held to bring awareness and information to our citizens. Technical
assistance is provided to the business community, private individuals, governmental entities, and
nonprofit organizations. This is a service not provided by any other entity in Brookings.
The goals of this committee are to improve the quality of life for people with disabilities
through enhancing the knowledge base of entities in the community; and to further serve as a
community-based advocacy group enhancing the ability of local entities to comply with Federal
Civil Rights legislation. Results are measured by the number of interactions with the public,
questions for technical assistance, and positive outcomes in advocacy situations.
PROGRAMS AND SERVICES SUMMARY
ABLE Award
The A.B.L.E. Award (Ability, Belief, Leadership and Equality to Achieve Access For All) is an
annual award program designed to recognize the outstanding commitment of a business or
public entity in fulfilling the goals of the Americans with Disabilities Act. Highlighting the efforts
of an outstanding business or entity may motivate others to provide improved accessibility to
goods and services.
Measurements:
Number of nominees 54 since program started in 1996.
An average, of 50 people attend council meetings at which the awards are presented.
The winners received extensive publicity in local media outlets.
Durable Medical Equipment Drive
The committee conducted a durable medical equipment drive to commemorate and publicize
the anniversary of the signing of the ADA. A publicity campaign solicited donations from area
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residents. Committee members picked up equipment at donor’s homes and donated collected
items to Easter Seal’s Recycle for Life service.
Measurements:
Number of items collected: 102, including a full range of items from walkers to wheelchairs to
hospital beds.
Emergency Response Disability Preparedness Project
The committee is planning to create a database of information on the disability status of
Brookings 911 service area citizens. This information will be integrated into the 911 emergency
response system. The project is still under development, with implementation scheduled for
2008.
Public Education/Material Dissemination
To raise community awareness of disability-related issues, the Committee provides up-to-date
information on technical assistance to help merchants and employers. The information is
provided by Committee member distribution to merchants, direct mail to appropriate parties,
the city website and committee-organized workshops and presentations. The technical
assistance is intended as informal guidance only.
Employment Booklet and Presentations
The committee researched, wrote, and published a booklet of information related to
employment of people with disabilities. The booklet is being distributed by committee
members and providers of employment support services. Committee members are making
PowerPoint presentations based on the material in the booklet to meetings of area
government, business, and civic organizations. The booklet is available online on the city
website.
Measurements:
Number of booklets printed (1800 since 2004, in multiple printings)
Number of booklets distributed (1250)
Presentations (8 delivered to a total of 200 people).
The booklet has been enthusiastically received by employment service providers and the South
Dakota State Board of Vocational Rehabilitation..
October Awareness Month Activities
The Committee actively celebrates October as National Disability Employment Awareness
month with numerous activities to promote employment opportunities and bring awareness to
the needs and challenges faced by people who have disabilities. Activities include
hosting/organizing conferences, speakers/programs in the schools, public awareness events in
collaboration with SDSU, press releases, public service announcements, feature articles, and
radio show participation.
Measurements:
2007 Sponsor for the annual State Rehabilitation Counselors Conference. 100 people
attended, 3 public service announcements broadcast throughout October, and 1 article in
Brookings Register.
Governor’s Awards
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The Committee actively seeks nominations for the Governor’s Awards, an annual program that
recognizes individuals, employers and agencies for their contributions to the rehabilitation and
employment of persons with disabilities in South Dakota. Since 1989, 104 Brookings
individuals, businesses and organizations have been nominated for this award and eight have
won statewide recognition. In 2007, nominees for the 2008 awards were recognized at the
annual State Rehabilitation Counselors Conference hosted in Brookings.
Measurements:
Number of nominees – 112
Number of statewide winners – 9
Barrier Awareness Days
Brookings area third graders learn about human differences during Barrier Awareness Days.
The purpose of the event is to sensitize third graders to the experience of people who live with
physical, mental, or emotional differences. The goal is to help children notice that it is the job
of everyone to be respectful and helpful to people who live with differences, and that all citizens
need to be alert to making life activities accessible to everyone. Committee members work
with Brookings High School FCCLA students to lead a variety of activities.
Measurements:
Annual number of participants (150 third graders and 15 high school students)
Board Development and Training
Board Development and Training provides board members with annual training opportunities
through the use of local and regional individuals knowledgeable in accessibility issues. To assist
the Committee in doing the best job possible, members will attend local and regional training
opportunities. The Committee maintains membership in local and national disability-related
organizations. The Committee invites local, state and regional guest speakers to provide in-
house training. Local stakeholders will be identified and invited to all meetings. All trainings
will be open to the public.
Technical Assistance on the Americans with Disabilities Act
The committee provides informal technical assistance to area organizations, private businesses,
other governmental entities regarding implementation and compliance with the Americans with
Disabilities Act. Committee technical assistance has been provided to:
• Private businesses in Brookings
• Brookings County – 1921 Building
• South Dakota State University
• Brookings School District
• Brookings Summer Arts Festival parking and traffic flow advice.
• Lake Campbell accessible fishing dock
• Crazy Days Accessible Parking
• Other Communities: The cities of Watertown, Madison and Mitchell have expressed
interested in creating a Committee. Information on the Brookings Committee including
bylaws, enabling resolution, and annual report has been provided to various city officials.
Committee members have traveled to Watertown, Madison, and Mitchell to discuss
committee formation.
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ADA Access Team.
Several members of the committee volunteer time to assist the City ADA Compliance Officer
in the review of all city remodeling and new construction projects to include:
• Brookings Main Street redesign project
• SDSU/Community Wellness Center building and programs.
• Aquatic Center
• Frost Arena/HPER Center
• New First Bank and Trust building
• Capitaline
• Fishback Soccer Complex
• Larson Ice Arena
• Swiftel Center
• Police Department entrance
• Edgebrook Golf Course
• Senior Citizen’s Center
Coordination with Local ADA Officials.
The ADA Coordinators for other local government bodies are considered liaisons on the
committee and are invited to all meetings. Those include SDSU, Brookings County, Brookings
City, and the Brookings School District.
2008 GOALS
Ensure accessibility of the new SDSU/Community Wellness Center building and programs.
To promote employment of people with disabilities;
To continue to increase public awareness of the challenges and needs of individuals who have
disabilities;
To influence a positive attitude within our community;
To promote the abilities of people faced with challenges;
To maintain a high level of coordination with South Dakota State University;
To increase Committee recognition and awareness of Committee goals.
UNMET NEEDS
Bring nationally-recognized speakers and/or training personnel to Brookings to address the
committee and the general public.
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BROOKINGS HISTORIC PRESERVATION COMMISSION
2007 Annual Report
Department: Brookings City Clerk
Mandate: In 1989, the city of Brookings adopted a historic preservation ordinance,
Ordinance 5-89, which established the Commission’s purpose to allow the city to engage in a
comprehensive program of historic preservation to promote the inspiration, pleasure and
enrichment of the citizens of Brookings through the identification, documentation, preservation,
promotion and development of the city’s historic resources. Ordinance No. 09-03 amending
the original ordinance was adopted by the City Council on April 22, 2003.
Primary Goal: Education
Purpose/Mission Statement
The Brookings Historic Preservation Commission is committed to promoting the inspiration,
pleasure and enrichment of the citizens of Brookings through the identification,
documentation, preservation, promotion and development of the city’s historical resources.
Purpose/Mission Statement
The Brookings Historic Preservation Commission is committed to promoting the inspiration, pleasure
and enrichment of the citizens of Brookings through the identification, documentation, preservation,
promotion and development of the city’s historical resources.
Pursuant to SDCL 1-19B, the BHPC may exercise the following powers, duties and
responsibilities in addition to the powers, duties and responsibilities stated elsewhere in this
ordinance:
(1) To preserve, promote and develop the historical resources of the City;
(2) To conduct a survey of local historic properties complying with all applicable standards
and criteria of the statewide survey undertaken by the Office of History of the South
Dakota Department of Tourism;
(3) To participate in the conduct of land use, urban renewal, and other planning processes
undertaken by the city;
(4) To acquire fee and lesser interests in historic properties including adjacent to or
associated lands by purchase, bequest or donation, with consent of the City Council. All
lands, buildings, structures, sites, areas, or objects acquired by funds appropriated by the
city shall be acquired in the name of the city unless otherwise provided by the City
Council. These properties may be maintained by or under the supervision and control
of the city. If acquired by funds other than those appropriated by the city, the lands,
buildings or structures may be held in the name of the BHPC, the city or both;
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(5) To preserve, restore, maintain, and operate historic properties which are under the
ownership or control of the BHPC the city or both;
(6) To acquire, with the consent of the City Council, by purchase, donation, or
condemnation, historic easements in any area within the city provided that the city
determines that the acquisition will be in the public interest. For the purpose of this
section, “historic easement” means any easement, restriction, covenant or condition
running with the land, designated to preserve, maintain or enhance all or part of the
existing state of places of historical, architectural, archaeological or cultural significance;
(7) To lease, sell and otherwise transfer or dispose of, with the consent of the City Council,
historical properties subject to rights of public access and other covenants that will
preserve the historical qualities of such properties and in a manner that will preserve
the properties within the city;
(8) To promote and conduct an educational and interpretive program on historic
properties within the city;
(9) To recommend ordinances and otherwise provide information for the purpose of
historic preservation to the City Council;
(10) To recommend to the Board of Appeals exemptions from the currently adopted
Building Code or other building-related regulations pertaining to exterior features of
historic property;
(11) To contract with the state or the federal government, or any agency of either
government, and to contract with other organizations and individuals;
(12) To cooperate with the federal, state and other local governments in the pursuance of
the objectives of historic preservation;
(13) To investigate and report on the historical, architectural, archaeological, or cultural
significance of a property under consideration for local designation by the City Council;
(14) To adopt written guidelines based on the Secretary of the Interior’s Standards for
Rehabilitation in order to assist owners who are making exterior changes to their
historic properties;
(15) To negotiate with owners of historic properties and other interested persons when the
designated property may be demolished, materially altered, remodeled or relocated;
(16) To assist the Local Historic District Study Committee when it investigates and reports
to the City Council on proposed local historic districts; and
(17) To attend informational and educational programs covering the duties of the BHPC and
current developments in historic preservation.
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Programs and Services
In August 1985, the Brookings Historic Preservation Commission became a member of the
Certified Local Government program, a local, state and federal partnership. The primary goal
of the Certified Local Government Program, administered by the National Park Service, is to
integrate local government and historic preservation. This national initiative provides valuable
technical assistance and small grants to local governments. Local, state and federal law support
Brookings Historic Preservation Commission activities.
To remain a Certified Local Government, the BHPC must comply with various performance
measurements that include:
1. Documentation of volunteer hours contributed;
2. An ongoing survey of historic resources;
3. Enforcement of state and local preservation legislation;
4. Submission of status and completion reports on all projects;
5. Written requests for variations to funded projects;
6. The creation and implementation of a preservation plan;
7. Submission of an annual report;
8. Holding a public workshop;
9. Conducting a public education activity; and
10. Annual attendance at a state sponsored preservation workshop.
In addition, the Commission must maintain at least two professional members from the
disciplines of history, architectural history, architecture, archeology, planning, urban planning,
American studies, American civilization, cultural geography or cultural anthropology.
Public Education & Protection of Historic Resources
When local citizens and organizations are kept abreast of local preservation issues and
opportunities, as well as state and national program availability, the community at large will
benefit through revitalized neighborhoods and a proactive approach to long-term community
preservation. Additionally, a community which has attractive, well-maintained and diverse
historic properties is a likely candidate for increased heritage tourism dollars.
While some activities are targeted to residents and owners within specific Historic Districts,
others are presented to the entire community. By means of radio programs, newspaper
articles, community presentations and walking tours, the preservation message is often
disseminated beyond city borders.
Preserve America. The BHPC received a grant to develop a comprehensive plan and
strategies that enhance economic opportunities while preserving the character that makes
Brookings unique. The Commission hosted a stakeholders meeting on April 19, 2007 to
discuss partnership development, economic and community development strategies, a
marketing theme and message, marketing strategies, tourism marketing training, promotional
materials, and destination business planning. Progress reports were sent to the National Park
Service. The Commission also requested a one year time extension and the ability to make
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changes to the match allocations. There is also interest in coordinating with the State on a
combined project.
Historic Districts and Properties
Brookings Commercial Historic District
Downtown Brookings Incorporated. Alice Pittman, BHPC member, served as the
Commission representative on the Board in 2007.
Downtown Streetscape Project. City officials have been working on the
Downtown Streetscape Project plans for several years. In 2004, the City solicited
Request for Proposals for an update to the Downtown Streetscape Master Plan. The
Streetscape Design Committee selected Designworks, Inc. (Randy Fisher, Landscape
Architect) of Rapid City who partnered with Civil Design, Inc. (Carey Bretsch,
Professional Civil Engineer) of Brookings. The master plan was updated for Main
Avenue from 6th Street to Front Street, as well as provided improvement concepts for
the area bounded by 6th Street and 3rd Street, and 3rd Avenue to 5th Avenue.
The main concept of the project is to allow for an inviting walking atmosphere and
provide for a destination for people. The design of Main Avenue will provide a street
the same width as there is currently. 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 Main Avenue. One other
important change will be installation of stop signs at 4th Street & Main Avenue and 5th
Street & Main Avenue. This will also provide for traffic calming with a cost savings over
the price of signals. Statistically, stop sign intersections are safer than signalized
intersections.
The plan also includes the replacement of the downtown’s water and sewer mains and
services. Brookings Municipal Utilities indicated that they would replace the water and
sewer mains if the street portion of Main Avenue was removed during the construction
process. During 2007, a donation was offered to the City of Brookings to fund the
replacement of the street, which provided the opportunity to replace the underground
utilities. This offered the protection of the streetscape improvements to minimize the
chance of a potential water or sewer repair to damage the streetscape improvements.
Other improvements in the streetscape project will be new trees. The current trees
are large and will be replaced with a more appropriate tree for this location. The
downtown streetscape project also includes new sidewalk, which may be a combination
of gray and colored concrete with the possibility of pavers or stamped concrete. Other
amenities for the streetscape project include new period street lights, benches and
landscaping features.
SHPO staff and BHPC members and staff have been involved in design of this project
and an 11.1 review was completed.
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The Brookings City Council recently voted to proceed with the Downtown Streetscape
Project, which will get underway in May 2008 to be completed late fall 2008.
Central Residential Historic District
Central Children’s Museum Project. Plans are underway to transform the former
Central Elementary School into a Children’s Museum and Science Center. BHPC and
SHPO staff met with the building owner and architect to review the proposed project.
Brookings County Courthouse. The Brookings County Commission conducted a
space needs study and explored expansion options to include purchase of the 1921 building,
building an addition on the courthouse, building a stand alone structure on the courthouse
green, or purchasing a nearby commercial building.
South Dakota State University Properties. Jerry McCollough, BHPC Chairman, was
invited to participate on the SDSU Master Planning Committee to update the campus master
plan. In those meetings, SDSU officials emphasized the importance of the campus history and
adjacent historic neighborhoods.
Preservation Week Activities. National Historic Preservation Week was May 6-12, 2007.
During that week the Brookings Historic Preservation Commission recognized property
owners with the Mayor’s Awards for Historic Preservation at the May 8th Council Meeting and
a newsletter was included in issues of the Brookings Register.
Doors Open Workshop. The BHPC sponsored a historic landscape design workshop at the
annual DBI Door’s Open event on April 27th.
Historic Porches Tour. Participants of the 2007 University Week for Women were invited
to participate in a porches tour of Brookings area historic homes. Commission Chairman
Jerry McCollough led the full class on an tour of an eclectic variety of fine period home porches
including vernacular, Mediterranean, Colonial, Federal, Italianate, Queen Anne, and Victorian
styles. The tour concluded at the home of Martin and Gloria Kloster for refreshments in their
garden.
Annual Mayor’s Awards for Historic Preservation. The Mayor’s Awards program began
in 1986, to acknowledge property owners who save and maintain historical properties within
the City of Brookings. During Preservation Week or Month each year, the Brookings Historic
Preservation Commission in cooperation with the Mayor’s Office, recognizes work which
enhances properties at least 50 years of age. The following four winners were recognized in
2007:
Cottonwood Coffee, 509 Main Avenue, received a Mayor’s Award for Historic Preservation in
the category of “Commercial Interior Restoration.”
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The present café occupies a portion of the Johnson Buick Garage, built in 1914 (the other half
of the original building houses Harry Mansheim’s State Farm office). A garage until 1931, the
space has had many uses, including a stint as a skating rink (1931-1933), beauty shop (1957-
1966), Geyerman’s Women’s Wear (1956-1980), and Easter Seals thrift store.
Starting with a rectangle of space hemmed in by a
suspended ceiling, fluorescent lighting, paneled
walls, and grey indoor/outdoor carpeting, owners
Jacob Limmer and Sarah Trone have created a
warm and bright café that artfully blends original
and salvaged historic materials.
Early on in the 4+ month-long renovation, Limmer
and Trone removed the suspended ceiling,
exposing the original 13’ high tin ceiling, and lofting
their space by an additional 4 feet. The ceiling was
then cleaned and painted black.
The carpeting, underlying vinyl tiles and black
mastic were also removed and replaced with what Limmer and Trone call “the floor that nearly
killed us” – a salvaged tongue and groove maple floor acquired from Architectural Elements in
Sioux Falls. The grooves of the 112-year old ballroom floor were painstakingly cleaned by
chiseling out debris with screwdrivers (a monumental task when dealing with over 2 linear
miles of flooring!). The floor was then installed and leveled and prepared for refinishing with 30
consecutive hours of drum sanding. Stain and topcoat finished off the job. Visitors can
appreciate the floor’s history just inside the front door – near the edge of the stage, a piece of
flooring was installed upside-down to showcase the mill stamp: ‘Wilce & Co No 15 Pat Jan 1
1895.’
The south wall retains much of its original fabric, with the original plaster and tin cornice
retained.
New interior walls were added to house a kitchen and bathrooms; new lighting, plumbing, and
some electric work were also undertaken. White beaded wainscoting, a cheery coat of yellow
paint, and red highlights on the new walls completed the bones of the interior. New front
windows and a door were also installed.
Furnishings are a blend of old and new. The rounded counter was once a fixture of Brookings’
Cole’s Department Store, while the pastry case hailed from SDSU, possibly from the Pharmacy
School. Creating most of the new themselves, Limmer, Trone and their crew built booths, cast
concrete countertops, resurfaced vinyl tables with concrete, and reupholstered chairs.
Future plans include further renovation for a conference room and artist studios in space to the
rear of the café. Limmer and Trone also hope to restore the façade of the building in 2008.
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Rick and Joanie Holm are the recipients of an award
for Overall Restoration of the home located at 725
5th St. The Holms purchased the home in early 2006
with the intent of total renovation. Their goal was to
restore the home for the sake of saving a great
house and to maintain the integrity of the
neighborhood. Contractor Doug Vaughn was hired
to do the work which began in late spring of 2006.
They lifted the house and put in a full basement and
did only cosmetic work on the main floor and
second floor. All of the interior walls remain intact,
with the exception of the removal of 2 porches that
had been added to the home. They have since
started landscaping which will progress over the next
few years.
This home was originally owned by John and Caroline Nelson. The Nelson’s arrived in
Brookings in 1888. John Nelson served as the Brookings County Auditor. The house was built
in 1895. It is an eclectic style, meaning it has irregular features or combines several
distinguishing features of other architectural styles. The gable is faced with octagonal shingles
and the second floor central section contains eight awning windows. There was originally a
double wrap around porch that at some point in time was enclosed and newer windows added.
This home was officially listed on the National Register of Historic Places on April 4, 2007.
Congratulations to Rick and Joanie Holm for their insightfulness and hard work in restoring this
great home.
Jeff and Stacey Wessels designed and
constructed a garage sympathetic to the Queen
Anne style of the George and Eva Wright
House built in 1900 at 705 Fourth Street.
Particular attention was given to matching the
cedar siding, roof lines, fenestration, and gable
trim. Jeff also crafted the gable trim. Jeff,
Stacey and daughters Amanda and Cassie have
resided in their home since 1995.
Receiving the Mayor's Award for outstanding New
Residential Addition to an historic home are Tom
and Jeanne Manzer. Their beautiful Victorian
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home at 929 Fourth Street was built in 1900 by George P. Sexauer and is listed on the National
Register of Historic Places. The back entrance was always a problem for the Manzers. The
deck they added after acquiring the home in the late 1980s was never fully utilized. When they
decided to transform the deck into an 18' x 20' enclosed porch, they were conscious of
maintaining the historic character of the house. With Tom and master craftsman Doug
Vaughn collaborating on the design, they carefully recreated copies of the roof peaks of the
main house. The result is an authentic match that perfectly blends with the original structure.
Taking almost a year to complete, Jeanne says, "What started out as a porch is now a
sunroom." Its interior echoes the main house as well with woodwork cut and finished by Mike
Wengler to repeat the original patterns.
Sign Ordinance. The City Council was contacted by local citizens in requesting a
moratorium be placed on animated signs until the issue could be studied by the Planning
Commission. The key issue was the appropriateness of digital animated signs in historic
residential neighborhoods and historic commercial district. What triggered this request was a
sign permit request made by First Lutheran Church located at the intersection of Main Avenue
and 8th Street to place an animated digital sign in the yard.
BHPC involvement in the issue in 2006 and 2007:
The BHPC took an official position on the issue and provided that statement to the City
Council, City Planning Commission and other key officials.
Met with affected parties of the First Lutheran sign issue.
Attended City Council meetings at which this issue was discussed.
Attended Planning Commission meetings at which the issue was discussed.
Actively sought representation on the sign subcommittee.
Designated BHPC member Jerry McCollough to serve on the Planning Commission Sign
Subcommittee to study the issue.
Researched how other cities handle this issue.
Provided review and comment on Planning Commission and staff ordinance proposals.
DATE: December 17, 2007
TO: Brookings Planning Commission
CC: City Manager
Downtown Brookings, Inc.
State Historic Preservation Office
FROM: Brookings Historic Preservation Commission
RE: Proposed Overlay District / Animated Signs
The Brookings Historic Preservation Commission has reviewed and discussed the proposal
presented to the Planning Commission as an alternative to Dick Peterson's proposal, endorsed
by both DBI and BHPC, and has the following comments:
A. Since the proposed overlay district recommends the prohibition of animated signs in the
Historic Downtown, rather than classify them as a Conditional Use the simplest solution
would be to prohibit animated signs in the National Register of Historic Places
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Brookings Commercial Historic District.
B. The proposed overlay zoning district is an alternative to requiring a public hearing for
animated signs in the Historic Downtown. The Planning Commission’s objection to a
hearing seems to be both the "time delay" for sign approval, and the argument that the
law does not allow a hearing requirement for an "accessory use.” However, the BHPC
believes this proposal of an overlay district will not lessen a time delay, but instead could
make it even longer. The BHPC is concerned about time delays and feels this process
must be researched and streamlined for the business owners.
C. The proposed overlay zoning district presented by the Planning staff includes Historic
Design Criteria which require subjective judgment in their enforcement relating to
"compatibility" and "appropriateness.” The proposal eliminates animated signs in the
Historic Downtown, therefore avoiding the concerns in (B) above; however, it adds the
necessity for (1) a time delay in sign approval for all other signs because, (2) some
appropriate body other than a staff enforcement official is needed to make the
subjective judgments regarding "compatibility" and "appropriateness".
D. Downtown Brookings, Inc.’s (DBI) evaluation of the proposal suggests a number of good
amendments to the proposal; however, their suggestion relating to the "compatibility"
and "appropriateness" issue is to reference the "Design and Maintenance Guidelines"
prepared for the downtown.
E. The "Design and Maintenance Guidelines" state on p. 3, "..(this) is intended to be used as
a voluntary, rather than a mandatory, document." Also, "The guidelines cannot be
written in the complexity and foresight required to cover all situations that are likely to
be experienced in the BCHD." These indicate that some proper body will be
needed to make the subjective judgments regarding specific sign proposals.
F. If, in removing animated signs from permission in the Historic Downtown, the overlay
district makes it necessary to review all other signs in the downtown for "compatibility"
and "appropriateness,” then the "Design and Maintenance Guidelines" may be used for
guidance but not for specific enforcement without some subjective review.
G. The BHPC understands that overlay zones can be a tool for community development
and the preservation of historic resources. However, there has not been adequate
time to provide the appropriate analysis for the scope of impact that this proposed
overlay zone is likely to have on our downtown.
The following motion was unanimously passed by the BHPC at its December 14, 2007 special
meeting, along with the above supporting comments:
“The Brookings Historic Preservation Commission has reviewed the provisions of the overlay
district proposed by the city planning staff to address the animated sign issue, as well as the
suggested amendments proposed by DBI.
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The BHPC restates that since the proposed overlay district recommends the prohibition of
animated signs in the Historic Downtown, rather than classify them as a Conditional Use the
simplest solution would be to prohibit animated signs in the National Register of Historic Places
Brookings Commercial Historic District.
The BHPC concurs with the suggested amendments proposed by DBI; however, since there is a
requirement for evaluating such subjective judgments as ‘compatibility’ and ‘appropriateness,’ it
is felt that there is the necessity for the establishment of some evaluative body to review the
sign requests in the Brookings Commercial Historic District.
To that end, the BHPC recommends that a design review committee be established with
membership from the disciplines as listed in the National Preservation Act Amendment of 1980
to make such evaluations. The BHPC suggests that the appropriate body would be the
Downtown Brookings Inc. Design Review Committee.”
Website – The Commission created a new site on the city’s website –
www.cityofbrookings.org that included more information on the Commission, common
questions, grants & tax incentives, preservation links, news and publications, programs,
preservation laws, and walking tours.
Most Endangered Properties Program. The
BHPC developed a draft outline for a "Endangered
Places List" for Brookings. The List would be
similar to that of the National Trust's "America's
11 Most Endangered Historic Places" list. The list
would serve as a public education tool to let
people know what is endangered. Learning more
about the city's and SDSU's future plans may be
helpful in identifying historic resources that could
be impacted.
2007 Preservation Losses & Victories:
¾ LOSS - “The Boever House” Sadly, the city of Brookings lost an anchor property in its
Central Residential Historic District (pictured above). Fondly known by most as “Red
House,” this 1900s Victorian was located on the south west corner of Sixth Street and
Seventh Avenue. The home was acquired by the First United Methodist Church of
Brookings for the purpose of expanding their campus. Attempts to persuade Church
leaders to include the house into their design failed. The home was purchased at auction
and moved north of Brookings.
¾ LOSS: “The Beal Home” – 1302 6th Street. The William H. and Elizabeth Beal
House was individually listed on the National Register on June 9, 1992. However, in
recent years the home had fallen in great disrepair. It was purchased in 2007 by an
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individual interested in renovating the home for resale; however, after extensions research
and consultation with state and local officials, it was determined that the house is beyond
repair. It was removed from the site in fall 2007.
¾ WIN – 624 3rd Street – This 1889 Victorian located across the street south of the
Brookings County Courthouse was purchased by the Community Development
Corporation for renovation purposes. This property had previously been identified as
threatened due to its proximity to the county.
Boardinghouses
In 2006 the BHPC took the following position on boardinghouse designations;
“A core responsibility of the Brookings Historic Preservation Commission is the
preservation of the City’s historic resources. Included in those resources are two
residential historic Districts: “The Brookings University Residential Historic District” and
“The Brookings Central Residential Historic District.” These two neighborhoods comprise
27 square city blocks and are both listed on the National Register of Historic Places.
The Commission is concerned about the potential negative impact from boardinghouses
on these residential areas. On March 2, 2006, the Brookings Historic Preservation
Commission unanimously voted to make the following official statement: “The
Brookings Historic Preservation Commission recommends no further boardinghouse permits be
approved in the historic districts in order to maintain the present character of the districts.”
Summary of recent requests:
o Sept. 11th - 1209 2nd Street Request – The City Council overturned the planning commission
and voted down the request in a 5/2 vote.
o Sept. 11th - REFERRED TO PLANNING COMMISSION. At that same meeting the City
Council made an additional motion to refer the issue of Impact of Boardinghouses in
general to the Planning Commission and to further instructed them to evaluate all
permitted uses within all residential zones. The Planning Commission has not discussed
this issue yet.
o October 11th - 1010 1st Street Request – The City Council turned down the request in a
4/3 vote.
o The City Council overturned a boarding house request which was approved by the Planning
Commission in a 6/1 vote. Council members presented their positions and they asked staff
to draft an ordinance to eliminate boardinghouses. Any existing designations would
continue as “non-conforming uses.”
Technical Assistance
Staff and State and National preservation office personnel are primarily responsible for
answering property owner tax project and eligibility questions, as well as conducting site visits
at the request of the property owners. When state or national preservation office staff are in
Brookings, as many site visits and consultations as possible are scheduled, to maximize benefits
from the visit. Commissioners accompany the site visits, as observers and for their education,
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but do not offer tax project advice. Commissioners provide grant writing and application
assistance, deliver Welcome Packets, and prepare and present briefings to the City Manager,
elected officials, and other city officials.
The technical assistance services provided directly benefit local property owners by answering
their preservation-related questions, providing alternative options if applicable, and affording
them free, ongoing expert advice. Informed property owners are more likely to use all of their
options in maintaining their own historic properties, frequently purchase and rehabilitate
additional historic properties, and often let other historic property owners know of the
services available, continuing the preservation cycle. In 2007, the following technical assistance
services are provided:
Served on the Brookings Downtown, Inc. Board of Directors (Commission)
Researched possible funding sources (Commission/Staff)
Assisted property owners on local, state and federal benefits (Staff)
Facilitated and accompanied site visits with state and national preservation personnel
and property owners to answer technical assistance questions (Staff)
Facilitated securing preservation consultants for community projects (Commission/Staff)
Prepared and delivered Welcome Packets for new owners of historic properties
(prepared by Staff and delivered by Commission)
Responded to realtor inquiries regarding tax benefits (Staff)
Provided materials and informational briefings to City Manager and other city officials
(Commission/Staff)
Continuing Education
A. State and National Conferences
National Trust for Historic Preservation Conference
- Location: St. Paul, MN
- Date: October 2-6, 2007
- Attending: Jerry McCollough & Shari Thornes
- Written reports included in National Park Service Report
B. Ongoing professional and technical training through materials, video, etc.
C. Membership to preservation organization
à State Historical Society
à Preservation South Dakota
à National Trust for Historic Preservation
à National Main Street organization
à National Alliance of Preservation Commissions
à Preservation Law Forum
Historic Resources: Recordation and Preservation
This program consists of photographic, written and computerized recordation of historic sites
and properties, primarily by commission members with assistance from volunteer community
members and city staff. Larger documentation projects may also involve professional
consultants. As a long-term benefit, this program provides a permanent record of our
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community’s resources for future generations. It also assists in research projects and future
restoration projects. Former and current community residents and/or their relatives, future
residents and generations, state and national archives, state and local elected officials,
community leaders and organizations, and city officials all are served by this program.
A. National Register of Historic Places LISTINGS:
o Pioneer Park Bandshell - It was determined in February 2007 that the Pioneer
Park Bandshell was not listed on either the State Register or National Register of
Historic Places. The BHPC and City pursued and secured listing on the state and
National Register
o 725 Fourth Street – As a result of an overall restoration project, the State
reclassified this as "contributing" in the Central Residential Historic District. The
home is owned by Rick and Joanie Holm.
B. SDCL 1-19A-11.1 Review documentation as required by the State Preservation Office
on threatened properties:
South Dakota Codified Law 1-19-A-11.1
Preservation of Historic Property – Procedures. “The state or any political subdivision of the state, or
any instrumentality thereof, may not undertake any project which will encroach upon, damage or
destroy any historic property included in the National Register of Historic Places or the State Register of
Historic Places until the Office of History has been given notice and an opportunity to investigate and
comment on the proposed project. The office may solicit the advice and recommendations of the board
with respect to such project and may direct a public hearing be held thereon. If the office determines
that the proposed project will encroach upon, damage or destroy any historic property which is included
in the National Register of Historic Places or the State Register of Historic Places or the environs of such
property, the project may not proceed until:
1) The Governor, in the case of a project of the state or an instrumentality thereof or the
governing body of the political subdivision has made a written determination, based upon
the consideration of all relevant factors, that there is no feasible and prudent alternative to
the proposal and that the program includes all possible planning to minimize harm to the
historic property, resulting from such use; and
2) Ten day’s notice of the determination has been given, by certified mail, to the office of
history. A complete record of factors considered shall be included with such notice.
Any person aggrieved by the determination of the Governor or governing body may appeal
the decision pursuant to the provisions of chapter 1-26.
The failure of the office to initiate an investigation of any proposed project within 30 days
from the date of receipt of notice thereof is approval of the project.
Any project subject to a federal historic preservation review need not be reviewed
pursuant to this section.”
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Opinions of the Attorney General
A city government must comply with this section even when its only involvement with the demolition of a
private historical structure is the issuance of a demolition permit, Opinion No. 89-41.
Given the absence of other legislative or judicial guidance on this subject, the provisions of this section
shall apply to the issuance of a permit by a city affecting a designated historic district, Opinion No.
89-41.
11.1 Reviews in 2007:
Project: Downtown Streetscape Project
NR Status: Commercial Historic District
Address: entire area
Owner: City
Outcome: SHPO staff were invited to participate in all planning processes
Project is scheduled to commence in May 2008
Project: Pioneer Park Bandshell
NR Status: Listed Individually in 2007
Address: Pioneer Park, Sixth Street
Owner: City of Brookings
Outcome: SHPO reviewed project and provided comment on proposed project.
Project on hold.
Project: Removal of House
NR Status: Individually Listed
Address: 1302 Sixth Street
Owner: Brian Gatzke
Outcome: SHPO determined the house was beyond repair
Date: April 2007
Project: Boever house
NR Status: Central Residential Historic District – contributing property
Address: 6th Street & 7th Avenue
Owner: First United Methodist Church
Outcome: Removed
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Brookings Human Rights Committee
2007 Annual Report
MISSION
The mission of the Brookings Human Rights Committee (BHRC) is to improve human relations
in the Brookings area by fighting discrimination through education and a complaint resolution
procedure. The Committee has the power to investigate complaints alleging discrimination
against individuals or groups because of their racial or ethnic status, religion, sex, disability or
age.
VOLUNTEERS
Steve Bayer, Chair George Hamer, Vice Chair Jay Vargas, Secretary
Sandra Moore Geoffrey Grant Madeleine Andrawis
Tricia Wek-Visker Kelly Tillman Kristin Asche
Ann Marie Bahr (county appointment)
PURPOSE
The BHRC, established by ordinance in 1985, is charged with the following six responsibilities:
1) To study the existence, character, causes, and extent of discrimination in employment,
housing and public accommodations, property rights, education, and public services in the
City of Brookings;
2) To advise and provide a forum for those subjected to unfair and discriminatory practices in
the city and county of Brookings;
3) To hear and investigate complaints alleging discrimination and where probable cause for
discrimination is found to exist by the committee, to refer the complaint to the appropriate
governmental agency. The committee shall develop rules of procedure subject to approval
by the City.
4) To advise city officials concerning matters consistent with the purpose and powers of the
committee;
5) To conduct educational programs and disseminate information to further the committee’s
policy to eliminate discrimination in the City of Brookings; and
6) In compliance with the Americans with Disabilities Act, to receive and investigate
complaints regarding discrimination on the basis of disability.
2007 PROGRAMS & SERVICES EVALUATION
• The Committee did not receive any discrimination grievances as defined in the Policy
this year.
• Conducted the Martin Luther King art and essay contest in the Brookings School
System (January 2007). Kindergarten – First Grade – Poster: $50 winner (tie); Second –
Third Grade – Poster: $50 winner (tie); Fourth -Fifth Grade – Poster: $50 winner,
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$25 second place; Middle School Essay: $50 winner; High School Essay: $100 winner
(tie), $50 second place.
• Awarded letter of recognition to Andy Janes for service to human rights (April 2007)
• Held inaugural Diversity Potluck at The Old Sanctuary. Approximately 80 people
attended. Collected email addresses from attendees to start an electronic mailing list for
Human Rights Committee.
• Increased number of annual meetings from nine to twelve. Traditionally, the Committee
has not met in June, July, and August. Committee met each month this year.
• Held annual Human Rights Forum at Brookings Public Library. Amanda Flott from
Amnesty international and Tinnekkia Williams-Three Legs from the Standing Rock
Reservation addressed the topic of Violence Against Women on the Standing Rock
Reservation. Event was featured on KSFY newscast that evening.
• Held fall Diversity Potluck. Approximately 120 people attended.
• Issued press release promoting awareness of National Human Rights Day.
• Issued press release promoting awareness of Adoption Month.
• Awarded the 8th Annual Butler Human Rights Award to Lawrence Novotny
o Award ceremony held December 13th at The Old Sanctuary. Approximately 60
people attended.
GOALS FOR 2008
The Committee’s overall goal is to improve human relations in Brookings. The BHRC seeks to
generate ideas, discussions and programs that may help prevent human rights problems before
they start. The Committee’s overall goal is directly linked to the City’s mission to provide a
high quality of life for all its citizens in a proactive manner.
1) Continuation of annual public education projects: Annual Human Rights Award, Dr.
Martin Luther King Awards, diversity potlucks, public education workshops and/or
forum on human rights.
2) Seek to establish a stronger relationship with the Brookings School District/South
Dakota State University/Chamber of Commerce and the International Community.
3) Continue to develop multicultural resources to provide to schools and the public.
4) Revisit the discrimination survey that was taken in 2003 with the idea of producing a
new survey in 2008/2009.
5) More personal committee involvement and participation at events
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6) Increased committee visibility and community awareness through the implementation of
the BHRC Awareness Plan: posters, website, presentations
OBJECTIVES FOR 2008
1) To advise and provide a forum for those subjected to unfair and discriminatory practices
in the city and county of Brookings;
2) To hear and investigate complaints alleging discrimination and where probable cause for
discrimination is found to exist by the committee, to refer the complaint to the
appropriate governmental agency. The committee shall develop rules of procedure
subject to approval by the City.
2008 Objectives: Continuation of City Grievance Procedure for Complaints
and Continuing Education
Attend local and regional training opportunities pertaining to human rights issues
3) To advise city officials concerning matters consistent with the purpose and powers of
the committee;
2008 Objectives: Reports to City Council
4) To conduct educational programs and disseminate information to further the
committee’s policy to eliminate discrimination in the City of Brookings; and
2008 Objectives: Dr. Martin Luther King Day Award Program
Human Rights Spring Forum
Diversity Pot Luck Dinners
Web site
Annual Human Rights Award program
Public education opportunities
Committee Awareness
5) In compliance with the Americans with Disabilities Act, to receive and investigate
complaints regarding discrimination on the basis of disability.
2008 Objective: Continuation of City Grievance Procedures for complaints
UNMET NEEDS
Participation in annual human rights regional and national conferences.
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BROOKINGS PUBLIC LIBRARY
2007 Annual Report
MISSION STATEMENT
The Brookings Public Library will provide materials and information contributing to the
education, recreation and quality of life for the community.
LIBRARY BOARD MEMBERS
John Kubal, chair David Bordewyk
John Grove, vice-chair Tami Watson
Amber Ohm
2007 AT A GLANCE
Total Circulation: 254,618
Total Library Use: 332,953 (includes computer use, reference and computer questions
answered, and materials used in-house)
Registration at year’s end: 14,740
Total Expenditures:
City funds: $765,309
County funds: $25,000
Fines, gifts: $58,595
Library Holdings at Year’s End: 101,637
Circulations Per Capita: 9
Circulations Per Card Holder: 17.3
Expenditures per capita: $30.08
Expenditures per circulation: $3.34
YEAR’S HIGHLIGHTS
Exhibits, movies, and reading programs created a lively atmosphere at the Library during 2007.
Attendance at all programs offered totaled 15,581.
The “Great Expectations” fundraising drive exceeded its goal by raising $51,695 to update
technology, to purchase furniture and shelving, and to create a more dynamic library
environment.
DEPARTMENTAL REPORTS
Circulation
Print materials circulation continues to increase. We saw a slight decrease in the use of
audiovisual materials, particularly in the VHS format. Other formats in this category showed
increases or only slight variations in circulation.
The Library staff answered 7,794 reference questions during 2007.
The number of people who hold library cards as of year’s end was 14,740.
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Children’s Services
Our children’s Summer Reading Program, “Get a Clue @ your library” set records for
registrations and attendance. We had 1,051 kids sign up to read or be read to. That’s the
largest number we ever had for a summer reading program. Because we reached that 1,000
signup goal, Katherine Eberline, Children’s Librarian, dyed her hair blue as requested by the
program participants. The many programs we had during the summer drew in more than
10,275 young people to the library.
This year’s interactive science display was Bug’s Eye View. The month long event was quite
successful with an attendance of 2,397. It was co-sponsored by the Optimist Club of Brookings
who paid part of the rental fee and provided most of the 183 volunteer hours. Young library
patrons could visit the exhibit on their own, or as part of a group.
Additional programs throughout the year included two sessions of Every Child Ready to Read
@ your Library, a nationally recognized workshop which helps parents develop pre-reading
skills in their children ages infants to five years, and our third Illustrate-a-Book Contest which
drew 169 entries.
We held two sessions of Storytime, one in Fall and in Spring, in addition to our Summer
Reading Program series. Altogether 2,421 young people enjoyed those programs throughout
the year.
Teen programs were held in the spring and summer, but time constraints did not allow for fall
programming. The addition of the Young Adult Services Coordinator in 2008 should make
programming easier, schedule-wise.
Total attendance at all children’s programs or presentations held this year was 14,861, up 1,206
from last year.
Community Services
The Library offered solely or collaborated with other organizations to present 56 adult
programs this year with 720 people attending. Some of the programs offered included Haunted
South Dakota, a classical guitarist, Science Café, and a pottery “road show” presentation.
We continued film for adults, computer classes, and held 19 book discussions.
Our Scary Story contest this fall attracted 136 entries in six categories. We presented the
prizes at a special Friday evening event which drew more than 80 attendees.
One hundred eighty-two publications were developed for the library, including monthly
newsletters, summer reading programs forms, and promotional materials.
Library staff served as notaries 199 times.
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Outreach
Outreach served 100 individuals during 2007 with 4,298 items delivered. The Outreach
Coordinator continues to take items to the Brookview Manor, Park Place, United Retirement
Center, Sunchase Apartments, and the New West Senior Housing, in addition to private
housing. Twenty-four new people were added this year.
Interlibrary Loan
The number of items our patrons requested from other libraries increased during 2007 from
1,802 to 2,192. The number of items other libraries requested from us decreased from 3,408
to 3,094.
The Interlibrary Loan Coordinator took or retrieved 8,478 items to Briggs Library to connect
with the statewide courier service.
Acquisitions and Periodicals
We added 6,475 items to the collection during 2007, including 3,584 adult books, 1,635
children’s books, and 1,256 audiovisual items. This is 431 items more than last year. Of the
6,475 items added, 1,566 were gifts to the Library. We offered 209 periodicals and 16
newspapers for general use.
We withdrew 6,684 items from the collection: 3,042 adult books, 2,874 children’s books, and
768 audiovisual items.
Volunteers
The Library had eleven adult volunteers who contributed 688 hours and eleven youth
volunteers who contributed 265 hours. We also had community service volunteers who
contributed 12 hours, giving us a grand total 965 volunteer hours. This is 169 more volunteer
hours than in 2006.
The volunteers, the Friends of the Library Board, and the Fundraising Committee members
were honored at a reception in the Library in April. Each volunteer received a gift for
contributing at least ten volunteer hours.
Gifts
The Friends of the Library contributed $1,830 for programs, $9,400 for materials, and $2,150
for other items.
The Children’s section was the recipient of gifts specifically for materials this year, totaling
$l,140.
The Library’s Fundraising Committee successfully completed its “Great Expectations” campaign,
raising slightly more than $50,000 for new computers, furniture, and signage. The new
computers for the Computer Center are in place; the rest will be arriving yet this spring.
Major donors include the Larson Foundation and Fishback Financial Foundation.
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Meeting Room Use
The Cooper Rooms and Conference Room were used 327 times by community groups (does
not include use for library programs). The study rooms were used 477 times and the Historical
Room 226 times during 2007.
GOALS FOR 2007
As developed by Planning for Results Committee:
• The Library will expand programming options to other times and topics of interest
quarterly by December 2007. – achieved
• Increase circulation by 1% during 2007. -- achieved
• The Library will add a Young Adult staff person by December 2007. – achieved with
2008 budget.
• The Library will develop a visually inviting area to enhance the welcoming atmosphere of
the Library by December 2006. -- in progress
• The Library will develop programs for seniors in cooperation with other community
entities on a quarterly basis by 2007. – not achieved
• A survey of those attending Library programs will be done to ascertain satisfaction with
the programs offered and to gather ideas for future programs. – not achieved
• An advisory committee comprised of English as Second Language patrons will be
developed by December 2007. – not achieved
• Conduct a survey of meeting room users done annually to ascertain meeting room use
satisfaction. -- not achieved
UNMET NEEDS
The book and other materials budget is well behind the average amount spent nationally or
regionally on materials by libraries of our size. This inability to provide the reading/viewing
public with the materials they want and need undermines the library’s success. This is
particularly evident with the public’s shift from VHS to DVD formats. We do not have enough
DVDs to keep up with patron demand in that area.
The Library’s website needs to be updated to become more visually satisfying and include more
interactive aspects.
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PARK AND RECREATION BOARD
2007 Annual Report
SUMMARY OF PURPOSE
The Park and Recreation Board provides advice to the Director of Parks, Recreation and
Forestry and assists in fulfilling the responsibilities of administering the public park system,
recreation programs and city forestry program. The Park and Recreation Board shall also
advise the City Council and make recommendations on matters regarding park capital
improvements and planning. (City of Brookings Ordinance 6-00, Article 1, Chapter 26-6)
2007 PROGRAMS AND SERVICES PROVIDED BY THE BOARD THRU PARK,
RECREATION AND FORESTRY DEPARTMENT
PARK SECTION
• Provided maintenance of the Brookings park system, comprising over 500 acres (some
undeveloped). Included are an 18 hole municipal golf course, indoor ice arena, outdoor
family aquatic center, tennis court complex, softball complex, baseball/football facility,
youth baseball fields, community gardens, tourist campground, 6 mile bike/recreational
trail, community parks, neighborhood parks and playgrounds. The parks section also
cooperates closely with the Brookings School District in maintaining joint school/park
facilities by providing turf care to most school grounds and all playground equipment
maintenance. In return, school gymnasiums and the indoor pool are available for city
recreation use.
• The parks section maintains a fully equipped maintenance fleet of vehicles, mowers and
specialty equipment. A full-time staff of 12 employees, assisted by 30 seasonal
employees, provides all maintenance and also plays a significant role in developing and
constructing new parks.
• Park crews also provide outdoor maintenance to several other city department facilities.
Included is turf care, flowerbeds, tree & shrub care, and in some instances sidewalk
snow removal, for the Public Library, Airport Terminal, Community Cultural Center,
City Hall, Swiftel Center, Brookings Activity Center (seniors), Fire Stations, Ron Reed
EDC and highway Entrance to the City Right of Ways. No reimbursement is received
for these services.
• Larson Ice Center completed its fifth full year of operation. Attendance has remained
very stable, over 126,000 people entered the rink as spectators and participants.
Tournaments continue to bring many people to Brookings. Attendance for open skating
shows a nice increase each year.
• Fishback Soccer Park completed its fourth year of operation, with very complimentary
feedback from all users.
• Play at EdgeBrook Golf Course remained at the 2006 level in number of rounds,
resulting in another year of not being totally self-supporting. Nationwide, golf numbers
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have leveled off or decreased and South Dakota is part of that trend, as evidenced by
discussions we have had with several other municipalities. Due to some wet conditions
in the fall and a busy schedule with the contractor, the concrete cart the contractor cart
paths are delayed until summer 2008.
• The city operates a 17 unit tourist campground at Sexauer Park. In 2006, over 1,440
overnight visits were recorded, providing $14,383 in revenue.
• The Douglas Chittick Community Gardens at NorthBrook Park on north Medary
Avenue continue to provide a very popular activity and serves a broad cross-section of
our community.. 518gardens were rented in 2007 @ $15 each, and the revenue more
than pays our expenses for spring garden preparation, water for irrigation and cleanup
and plowing in the fall. Additional perennial gardens were added in 2007.
• The Hillcrest Aquatic Center was open for an 87 day season in 2007.
- 3,628 people swam with season tickets
- There were 18,878 paid daily admissions, not on season ticket.
- Estimated attendance was 70,000
- Total income was $166,901, compared to $170.359 in 2006.
RECREATION SECTION
The Recreation section provides a wide range of year-round activities for youth and adults.
City Recreation exists to provide opportunities for leisure time activities at an affordable cost
(usually subsidized by public funds) that are not feasible or easily provided by the private sector.
Specific activities include:
Youth: baseball/softball, recreational swimming and instruction, tennis instruction, golf
instruction, basketball, ice skating, field trips, specialized instruction
(horsemanship, fishing, etc.), open gyms, youth soccer, ice hockey, arts and
cultural activities.
Adult: baseball/softball, swimming, golf, tennis, basketball, volleyball, ice skating, open
gyms, arts and cultural activities, Senior Center activities.
The services are provided in a variety of ways with a wide range of degree of involvement by
the city. In some activities, the entire program is organized and supervised by the city. Some
examples would be golf, tennis, skating instruction, after school recreation and open gym.
Other programs are jointly sponsored with parent or adult organizations, such as ice hockey,
youth soccer, youth basketball, adult softball/baseball, youth baseball and swim team. We like
to refer to these as recreation partnerships.
Finally, some agencies, such as Brookings Arts Council, Community Band, Brookings Activity
Center are partially supported financially to insure the providing of a quality program to the
community, in lieu of duplicating a service through Parks and Recreation. It is very important
that this funding partnership continues at the current level, as these activities are truly part of
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community recreation expectations. The non-profit agencies that do the programming need the
basic support the City funds provide. .
FORESTRY SECTION
City forestry provides the service of planting, pruning, trimming, maintenance and, when
necessary, removing trees on public property within the city – primarily on boulevards and in
city parks.
In 2007, the Forestry section planted 300 new trees, inspected the entire city three times for
Dutch Elm Diseased trees, removed DED trees on city property and monitored removal of
DED trees on private property, maintained a city tree nursery, did routine pruning and assisted
BMU in line clearance.
Dutch Elm Disease infections were similar to 2006, giving encouragement that losses will
remain stable or decrease after a recent surge in numbers.
The original goal of a control program was not to completely stop, but merely spread the
losses over an extended time period, thereby minimizing the effect to our community with new
trees reaching maturity. But it was hoped this might be a 75-100 year transition, and the recent
increase in numbers is disheartening. The first DED tree was diagnosed in Brookings in 1968.
Brookings still has almost 50% of the original American Elm population.
2007 GOALS AND OBJECTIVES
• Develop written operating agreements with Brookings Swim Club and Big Sioux
Bowmen.
STATUS: Not completed
• Complete auxiliary facilities at Aquatic Center to include adjacent playground, additional
landscaping and umbrellas
STATUS: Landscaping and irrigation completed; three additional umbrellas
purchased to be installed spring 2008; playground area prepared but equipment
not yet purchased.
• Complete major portion of Moriarty Park to include ballfield, playground, picnic area
and shelter, restrooms and bike path/sidewalks.
STATUS: Picnic shelter and basketball court under construction, trees planted,
contract let for concrete walkway (construct 2008), playground modular unit
purchased (install 2008).
• Complete disc golf project at Larson Park.
STATUS: Completed and operational. Very heavy use.
• Cooperation with Brookings School District in design and plans for new school facility
adjacent to Camelot Park.
STATUS: Planning completed, school construction planned for spring 2008.
Existing playground equipment will be moved to NW corner of park for
neighborhood use. School district will develop a new playground on park
property designed for age-appropriate school use (4th & 5th grade).
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• Develop a short-range and long-range Capital Improvement Plan for EdgeBrook Golf
Course, with assistance from a Golf Course Advisory Committee appointed by Park and
Recreation Board.
STATUS: Advisory Committee appointed and functional. Short-range plan
developed to include irrigation field control equipment replacement and
executive nine/junior short course in NW corner of EdgeBrook. Both are
budgeted in 2008.
• Support the Larson Children’s Science Museum project, cooperating wherever possible
to ensure the neighborhood park/playground feature of the school facility is retained to
the extent possible.
STATUS: While most of the outdoor area will be re-developed into outdoor
activities for the children’s museum, new equipment for free neighborhood use
will be installed on the NE corner of the property.
• Respond to the Mayor’s suggestion to incorporate wellness concept into the
department’s mission statement, to provide emphasis on integrating recommendations
from the Mayor’s Council on Community Wellness into city recreation programs and
facility plans.
• Complete new projects ;in the 2007 budget, including:
1. Resurfacing of Hillcrest Courts (completed)
2. Additional ADA compliant playground equipment.
3. Addition to skateboard facility (equipment purchased, install 2008)
4. Phase One of hard-surface cart paths at EdgeBrook (bid has been let,
complete 2008).
5. Re-build one green at EdgeBrook (re-prioritized funds to allow more cart
path construction).
2008 GOALS AND OBJECTIVES
• Respond to Quality of Life Goals from City Council Retreat held in June 2007.
1. Evaluate land holdings to determine best use long term
Complete an analysis and study of future park property needs in residential
areas, with recommendations on implementation (mandatory dedication,
purchase donations, provisions in planning commission subdivision regulations,
etc.
2. Golf Course (Possible enterprise fund, increase membership, increase profits)
2008 Goals
a. Discuss enterprise fund feasibility, positives and negative. Could be
implemented in 2009 budget.
b. 2008 budget includes construction of 9 hole Executive short Course, to
open in 2009, which should attract additional golfers and increase play.
c. Increase Profits – 2008 fees were raised, 5% incentive for early payment
of Season Tickets, 2008 expenses to be closely tracked.
3. Lazy River at Aquatic Center.
4. Incorporate Wellness into park and recreation strategies.
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2008 Goal – Finalize the memorandum of understanding with SDSU pertaining to
community use of new SDSU Wellness Center.
5. Long term plan for old landfill.
2008 Goal – Complete a Master Plan for Nature Park.
6. More shelters: (Chittick Gardens, Hillcrest, Pioneer)
2008 Goal – Determine needs, incorporate in CIP.
• Complete projects currently in progress:
1. Moriarty Park
2. EdgeBrook Irrigation Controller, cart paths and executive nine.
3. Aquatic Center playground
4. Camelot playground relocation
• Complete Operating agreements with Brookings Swim Club and Big Sioux Bowman.
• Continue cooperative effort with Golf Course Advisory Committee in developing long
range improvements at EdgeBrook Golf Course.
• Cooperative effort with Brookings Ice Skating Association to update plans for north
permanent seating addition to Larson Ice Center Red Rink (deleted in original
construction) and identify possible funding sources for 2009 construction prior to 2010
State High School tournament. Moves construction up by three years in City 5 year
CIP.
• Cooperate with and assist City Engineer’s office with final planning and construction
(2008-2009) of east loop bike trail to east side of I-29.
• Cooperate with and assist City Engineer’s office with Main Avenue Streetscape project.
City Forestry will plant the trees and shrubs.
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BROOKINGS CITY PLANNING COMMISSION
2007 Annual Report
PURPOSE
The City Planning Commission was created as required by SDCL 11-4-11 and 11-6-2 on
December 1, 1961. Its primary function is to promote the health, safety and general welfare of
the municipality. In the broad sense, its duties include proposing a plan for the physical
development of the municipality and recommending boundaries of the zoning districts and
appropriate regulations to be enforced therein. The City Planning Commission is also charged
with recommending regulations for the subdivision of land and the approval of plats.
PROGRAMS AND SERVICES
The City Planning Commission makes recommendations to the governing body regarding land
use issues. Specifically, the Commission receives applications for zone classification changes,
planned development districts, preliminary and final plats, street vacations, annexations, I-1R
site plans and conditional use permits. After careful review of each proposal, the Commission
makes a recommendation for approval or disapproval, with or without amendment, to the
governing body.
PERFORMANCE MEASUREMENT
The Planning Commission is required, by ordinance, to hold at least one regular meeting each
month. The Commission held 12 regular meetings during 2007.
The following actions were received and recommended for approval or disapproval:
• Final Plats – 201 residential lots, 7 industrial lots, 1 commercial block and 1 block for an
institutional use
• Preliminary Plats – 406 residential lots and 1 acreage in an industrial area
• 10 Rezonings:
Ag to R-1B – Blairhill Addition
Ag to R-3 and R-1B – Valley View Addition
Ag to R-1B – Windermere Addition
Ag to R-1B – Nelson Third Addition
Ag to R-2 and R-3 – Moriarty Heights Addition
Ag to R-3, B-2A and B-2 – Blairhill Addition (future)
Ag to I-1 – Freeland Addition
R-1B to R-2 and B-2 – Hunter’s Ridge Second Addition
R-1B and RB-4 to B-2 – Bane and Poole Addition
I-1R to I-1 – Moriarty Second Addition
• Conditional Use
1 – Amended site plan for expansion of a Concrete Plant
1 – Outdoor Sales (storage buildings)
1 – Contractors Shop and Storage Yard
1 - 4 unit apartment in the R-2 District
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2 – Home Occupations for Portrait Studio
6 – Boardinghouse requests for 4 persons
• Zoning Amendments
Modify yard requirements for twinhomes
Coffee House as permitted use in B-2A
Maintenance Buildings in Business Districts
Drive-in food Service in B-1 District
Sign Ordinance amendments
• I-1R Site Plans
Alltech expansion
Daktronics expansion
Twin City Fan and Blower expansion
• Miscellaneous actions
Minor amendment to the Planned Development District in the Village Square
Mall (building expansion)
Street vacation on 4th St. by URC
Created two Tax Increment Districts
Discussed individual wind turbines for residential uses
Discussed residential district density regulations
Discussed the boardinghouse use
Discussed electronic message display signs
Planning Commissioners participated in Sign Ordinance Subcommittee
EXPENDITURE REPORT
Funding and staff time associated with the Planning Commission is budgeted through the
Engineering Department.
GOALS AND OBJECTIVES FOR 2008
The following goals have been proposed for 2008
• Monitor industrial and commercial development plans along I-29.
• Closely track residential development patterns
• Stay informed on the Airport Study and major street plan proposals
• Continue to review the Growth Area and Future Land Use Maps in the Vision 2020
Comprehensive Plan
• Review of ordinances and land use policies within the JJA with the Brookings County Planning Commission.
UNMET NEEDS
None
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BROOKINGS TRAFFIC SAFETY COMMITTEE
Year 2007 Annual Report
PURPOSE
The current Traffic Safety Committee was formed by Resolution 58-79 dated December 18,
1979 with its stated “duties and responsibilities” of “developing and implementing coordinated
traffic safety programs that meet local needs; acting in an advisory capacity to the City
Commission (Council) in the coordination of traffic safety activities of the official agencies and
departments of the City of Brookings; establishing safety priorities for the city; reviewing and
approving project applications for funding; serving in a liaison capacity between the City of
Brookings and the South Dakota Highway Safety Program in developing the State Highway
Safety Program and in meeting the National Highway Safety Program Standards; promoting
public acceptance of official programs proposed or instigated by the city; fostering public
knowledge and support of traffic law enforcement and traffic engineering problems; cooperating
with city schools in promoting educational traffic safety aids; educating the public in traffic safety
and generally aiding the overall reduction of traffic accidents, injuries and deaths on the city
streets.”
PROGRAMS AND SERVICES
The Traffic Safety Committee serves as a sounding board for complaints that arise having to do
with vehicle or pedestrian safety in and around the City of Brookings. From testimony and
investigation, the Committee makes recommendations on actions needed to enhance and
preserve traffic and pedestrian safety. These recommendations are forwarded to the
appropriate agency for action. The committee also identifies problems on its own and
formulates plans to rectify traffic issues.
MEMBERSHIP
The members of the Traffic Safety Committee fill specific slots representing groups so that the
concerns of the following groups can be heard:
POLICE Becky Thompson is a Sergeant with the Brookings Police
Department
Bryan Gums is Police Chief and serves as an ex-officio member
Deb Burckhardt is an Office Manager with the Police Department
and serves the TSC as secretary.
TRAFFIC ENGINEER Jackie Lanning, City Engineer, serves in this position
SCHOOL DISTRICT Brian Lueders, as Business Manager, represents the
Brookings School System
SDSU Tim Heaton, SDSU Head of Security, serves in this position.
SENIOR CITIZENS Louis Skubic is retired but active with The Divers Safety Program
AUTO INSURANCE Skip Webster from State Farm has provided insight since the
Committee was formed in 1979.
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NEWS MEDIA Jerry Sikkink provides access to the media as needed.
JOGGERS/BICYCLISTS Daryl Englund from Banner Associates is an avid runner who
addresses pedestrian and bike safety
INDUSTRY Keith Bruinsma is employed with VeraSun
RELIGION Dennis Bielfeldt serves in this position.
CITIZEN AT LARGE Margie Wagner-Carpenter is employed with Larson Manufacturing
and is the Chair of the Traffic Safety Committee
Connie Bridges is employed with First Bank & Trust
Matthew Nelson is the General Manager at the Brookings Fairfield
Inn and Suites
STREET DEPT. Brad Whaley serves in this position
PERFORMANCE MEASUREMENTS
Eleven meetings were held in 2007. The meetings are held on the second Thursday of each
month at 12:10 PM in the Meeting Room at City Hall.
Highlights of actions taken during 2007 are listed by month.
January – Discussion on traffic flow from car wash at 6th Street. & 17th Avenue.
February – Approved removal of parking on west side of Sunrise Ridge Road between
Sunrise Ridge Circle and Sunchase apartments. Removal of parking on the north side of
2nd Street. South from 6th Avenue. to the alley.
March – DOT to study the intersection of 2nd Street South and 6th Avenue South for a
four way stop.
April – Removal of one parking spot on each side of the driveway of the apartment
building on 16th Avenue between 7th and 8th Street. Removal of parking on the west side
of Sawgrass Drive. Approved one way streets and parking on one side of the streets in
the Valley View Addition development and sidewalks would be a requirement. Removal
of parking on Medary Avenue from Harvey Dunn to 11th Street on the east side.
May – Motion to draft a letter of support to the DOT for both lower speed limits and a
traffic signal at 6th Street an I29 off ramp.
June – Discussed removing parking from the north side of Castlewood Drive. Removal
of parking on the north side of Minnesota Avenue, east of the bank driveway to the
pole. Removal of parking on Elm Avenue from the corner to the bus drop off zone.
July – Approve a stop sign on Insbrook Lane at its intersection with 22nd Avenue.
Removal of two parking stalls at the bus shelter on 3rd Avenue.
August – Move to support the Safe Ride program. Discussed a bus parking stall on the
south side of 2nd Street South near 624 2nd Street South. Discussion of speed bumps in
the alley from 5th to 6th Avenue.
September – Discussion on removal of parking from a portion of Santee Pass.
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October – Removal of parking on both sides of 22nd Avenue from the Highway 14
Bypass to the north. Removal of parking from both sides of Lefevre Drive. Removal of
parking on the east side of 32nd Avenue and install a right turn lane onto 6th Street.
Remove of one parking stall on the south side of the parking lot in the 400 block of 5th
Street between the driveways of First Bank & Trust and add one stall on 5th Avenue on
the east side of the parking lot.
November – No meeting was held.
December – Discussion on Drive-in food service in the B-1 district. Removal of 20 ft of
parking at the North East intersection of 15th Street South and Sawgrass.
On average, we had eight (8) members present at eleven (11) meetings for one hour resulting in
eighty-eight (88) volunteer hours spent in meetings. Each member also had to inspect the area
being studied before the meeting, which resulted in additional volunteer time being spent.
EXPENDITURE REPORT
No direct funds were expended to accomplish the activities of the Brookings Traffic Safety
Committee. Staff time from the Police Department and the Engineering Department was used
and is budgeted under each of these departments.
GOALS AND OBJECTIVES FOR 2008
• Hold at least ten monthly meetings
• Have an average of eight members attend each meeting
• Make a recommendation on each item of sustenance on the agenda within one or two
meetings from the time it is placed on the agenda.
UNMET NEEDS
None
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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.
4. 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. Minutes.
C. Action on various committee, commission and board volunteer appointments.
D. Action on Resolution No. 37-08, a Resolution of the City Council of the City of Brookings Declaring
Certain Real Property as Surplus and Authorizing the Sale of Such Property. (The south six rods of the SE¼
of the SE¼ of the SE1/4 of Section 21-T110-R50W – 1.5 acres more or less.)
Action: Motion to approve, request public comment, roll call
Presentations/Reports/Special Requests:
5. Mayoral Proclamations:
o April 25 – Arbor Day
o May 2-3 - VFW Buddy Poppy Days
6. Open Forum.
7. SDSU Report.
Ordinances – 1st Readings **
** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public hearing is announced.
Ordinances – 2nd Readings / Public Hearings:
8. Ordinance No. 15-08: Action on an application for a conditional use to establish a drive-in food service on Lots 12 –
14, Block 6, Original Plat Addition (425/427 Main Avenue).
Action: Open & Close Public Hearing, Motion to approve, Roll Call
(Note: A super majority vote of 5/2 will be required on this item to pass)
9. Ordinance No. 16-08: Action on an application for an amendment to a conditional use to establish four (4) additional
dwelling units in an apartment on a portion of Lot 18, and Lot 19, except the W85 feet of Lot 19, College Addition
(649 Faculty Drive).
Action: Open & Close Public Hearing, Motion to approve, Roll Call
10. Ordinance No. 17-08: Action on amendments to the sign ordinance pertaining to electronic message signs.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
Other Business.
11. (TABLED on 4/11/08) Action on Resolution No. 29-08, a resolution authorizing the city manager to enter into a
liquor operating agreement with BraVo’s on a temporary basis until the new restaurant licenses are issued.
Action: MOTION TO REMOVE FROM TABLE
Motion to approve, Request Public Comment, Roll Call
12. Discussion and possible action to enter into a lease agreement with the Shamrock as a convention facility.
Motion to approve, Request Public Comment, Roll Call
13. Discussion and action to approve the Subsidy Policy.
Motion to approve, Request Public Comment, Roll Call
14. Update on retail development.
Informational
15. Adjourn.
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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.
5. City Clerk Reports:
A. Upcoming Council Meetings
May 13th
(Bonnie Foster - Clerking)
3:30 pm Pictures for Council (Council Chambers)
4:00 pm Reception for Ginger Thomson (Community Room)
5:00 pm Work Session
- Swear in council members (Bartley, Brunner & McClemans)
- Preliminary Budget Discussion
- Project Insight Reports (remaining reports & how to use information)
- Hospital Campus Expansion Plans.
- Restaurant Liquor Licenses Process
6:00 pm
- Mayor’s Awards for Historic Preservation
- State of the City Message
- Action to approve Council goals (minutes)
- Presentation on Liquor Store Financials by Bill Purrington
- Action on Resolution No. ___ designating the Shamrock as a convention facility
- Public hearing and action on temporary liquor licenses for the Shamrock
- Discussion and action on retail development issue (tentative)
May 27th
5:00 pm Work Session
- Revised policy on government access channel
- Community Health Promotion
- Other alcohol law changes
HB 1203- Sidewalk Sales
HB 1126- On/Off Sale Wine
HB 1269-Off Sale Malt & SD farm winery licenses
HB 1142 (“grocery store bill”)
6:00 pm Action Meeting
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B. Council Invites & Obligations
May 13th
Tuesday
Big Sioux Water Festival 9:45 am to 2 pm
May 13th
Tuesday
City Council
3:30 pm pictures
4:00 pm Reception – Ginger Thomson
5:00 pm
May 15th
Thursday
Special Olympics
Torch Run
3 pm High School
4 pm City Hall
Time tentative
May 18-21
ISCS Conference
May 27th
Tuesday
Council Meeting
5:00 pm
May 29th
Thursday
Sioux Falls Tour
1-5 pm
May 31st
Saturday
Wall Raising
Habitat
8:00 am
June 7th
Sunday
Habitat
Dedication Ceremony
1:00 pm
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5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council on items
for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
7. City Council member introduction of topics for future
discussion*.
*Any Council member may request discussion of any issue at a future meeting
only. Items can not be added for action at this meeting. A motion and second is
required starting the issue, requested outcome, and time. A majority vote is
required.
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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 on various committee, commission and board volunteer appointments.
D. Action on Resolution No. 37-08, a Resolution of the City Council of the City of Brookings Declaring
Certain Real Property as Surplus and Authorizing the Sale of Such Property. (The south six rods of the SE¼
of the SE¼ of the SE1/4 of Section 21-T110-R50W – 1.5 acres more or less.)
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. Mayoral Proclamations:
o April 25 – Arbor Day
o May 2-3 - VFW Buddy Poppy Days
6. Open Forum.
7 SDSU Report.
Ordinances – 1st Readings **
** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public hearing is announced.
Ordinances – 2nd Readings / Public Hearings:
8. Ordinance No. 15-08: Action on an application for a conditional use to establish a drive-in food service on Lots 12 –
14, Block 6, Original Plat Addition (425/427 Main Avenue).
Action: Open & Close Public Hearing, Motion to approve, Roll Call
(note: A super majority vote of 5/2 will be required on this item to pass)
9. Ordinance No. 16-08: Action on an application for an amendment to a conditional use to establish four (4) additional
dwelling units in an apartment on a portion of Lot 18, and Lot 19, except the W85 feet of Lot 19, College Addition
(649 Faculty Drive).
Action: Open & Close Public Hearing, Motion to approve, Roll Call
10. Ordinance No. 17-08: Action on amendments to the sign ordinance pertaining to electronic message signs.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
Other Business.
11. (TABLED on 4/11/08) Action on Resolution No. 29-08, a resolution authorizing the city manager to enter into a
liquor operating agreement with BraVo’s on a temporary basis until the new restaurant licenses are issued.
Action: MOTION TO REMOVE FROM TABLE
Motion to approve, Request Public Comment, Roll Call
12. Discussion and possible action to enter into a lease agreement with the Shamrock as a convention facility.
Motion to approve, Request Public Comment, Roll Call
13. Discussion and action to approve the Subsidy Policy.
Motion to approve, Request Public Comment, Roll Call
14. Update on retail development.
Informational
15. Adjourn.
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6:00 P.M. Meeting
CONSENT AGENDA #4
A. Agenda.
B. Minutes.
C. Action on various committee, commission and board volunteer
appointments.
D. Action on Resolution No. 37-08, a Resolution of the City Council of
the City of Brookings Declaring Certain Real Property as Surplus and
Authorizing the Sale of Such Property. (The south six rods of the
SE¼ of the SE¼ of the SE1/4 of Section 21-T110-R50W – 1.5 acres
more or less.)
Action: Motion to approve, request public comment, roll call
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CONSENT AGENDA #4
4B. Minutes.
The minutes from the City Council’s April 15, 2008 meeting is enclosed for council review and action.
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Brookings City Council
April 15, 2008
(unapproved)
The Brookings City Council held a meeting on Tuesday, April 15, 2008 at 4:45 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 Deputy City Clerk Bonnie Foster were also
present.
4:45 P.M. OFFICIAL CANVASS OF APRIL 8, 2008 MUNICIPAL ELECTION
5:00 P.M. WORK SESSION
Introduction of Thad Drietz, Assistant City Engineer.
Jackie Lanning, City Engineer, introduced Thad Drietz. Thad Drietz started work on March 17,
2008, as Assistant City Engineer.
Update on the bike trail/path project.
City Engineer, Jackie Lanning, provided an update on the Bike Trail/Path Project.
Lanning read the following, providing both background and an update on the project:
The City of Brookings applied for a transportation enhancement grant in 2003, when Mike Williams was
City Manager. This new bike trail project was intended to serve as an off-road route to industries, the
business park, Swiftel Center, Larson Ice Center, research park SDSU, McCrory Gardens and the
arboretum. The total length of the application was 4.9 miles of trail. The City was awarded a grant with
Transportation Enhancement Funds for $499,000 and a grant using High Priority Project Funds for
$100,000, but only $85,000 of the fund is available. The City match for this project is approximately
$141,000, which gives a total project cost of approximately $725,000.
Banner Associates have been retained for the design of this project. Their first task was to examine the trail
location to determine the most feasible route. The preferred route took into account public safety, topographic
features, drainage features, right of way, and wetland preservation.
Banner studied the entire route, and looked at three of the primary public safety concerns: crossing the
railroad tracks, crossing Highway 14, and crossing I-29. Starting on the south, they proposed that the bike
trail be constructed on the north side of the tracks, with a retaining wall under the overpass structure. The
Highway 14 crossing is proposed to be at the 32nd Avenue intersection, where the DOT will be installing a
signal. The bike trail will need to include signage if the trail crossing is installed before the signal. The last
crossing they studied was over the bypass. DOT studied the existing bridge and looked at three different ways
that the bike trail could be cantilevered on the bridge, and they found that the cantilever creates too large of a
force on a critical section of the bridge. The only solution would involve a new girder, new columns and
widening the abutments.
The final preferred route is essentially the same as the application, except for the north end of the project. The
entire route can not be accomplished with the current budget and would need to be constructed in two phases.
Due to the high cost of the bypass bridge construction and the steep grades to contend with at the off ramps,
Banner proposed to install a stand alone pedestrian bridge on the half line, which will connect directly to the
Innovative Campus. If funds are available at a later date, the new pedestrian bridge could be constructed as a
April 29, 2008 City Council Packet
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Phase 2 project. The current project will end at the half line, north of the Larson Ice Center on 32nd Avenue.
This portion of the bike trail could also be extended to the bypass as a separate project at a later date.
However, the project will include some bicycle path trails in McCrory gardens, such as a connecting link in the
gardens between 20th Ave to 22nd Ave, and possibly some paths in the Arboretum.
The next step is the design and engineering agreement with Banner to complete the design. We anticipate this
project will be let later this summer, and start construction this fall. If the project is started late, it may carry
over into 2009 for paving of the bike trail.
Council Member Bezdichek made an alternate recommendation on a route that would go east to 34th
Ave., north to 6th Street, then west to 32nd and north on 32nd Ave.
Lanning responded the ditches on the existing gravel road (34th Ave) go to the fence-line. They
would have to stay inside that fence-line. She stated the preferred option is to stay away from
vehicle traffic.
Lanning stated that 32nd Ave. also poses some issues with obstacles as trees in the boulevard,
pedestals, hydrants, and many driveways. It would resemble a sidewalk system, not necessarily a
bike trail/path.
Frerichs interjected the existing Bike Trail/Path is currently along the West side of the Interstate by
3M and is a very popular part of the route. Popular being determined by comments on the trees,
shelter, and quietness of the route, despite interstate traffic. If the bike trail/path was to be
constructed along 34th Ave. currently, it would possibly be in the way when 34th Ave. is someday
reconstructed.
Weldon asked if the proposed bike trail/path would be on the right-of-way with I-29 or private
property. It would be located on private property, involving a few landowners such as Applebees,
SDDOT, Alltech, Daktronics, etc. and easements would have to be attained.
Weldon asked for clarification in the elevation levels of the bike trail compared to the interstate.
Frerichs explained the majority of the bike trail along I-29 is at a lower elevation, but traveling North
on the existing bike trail, the elevation is about equal to the interstate, except for by the railroad
tracks, where the bike path is at a higher elevation. Over the past 2 years, Daktronics has created a
berm along the interstate fence-line on the west side of their property, with anticipation this would
be a future bike trail/path. Frerichs foresees getting an easement is easily feasible.
Lanning showed what the proposed I-29 bridge crossing would look like. It would be located on
the quarter line, west of the SD Newspaper Assoc. lot off of 32nd Ave. There is a significant grade
change from the existing east side of the interstate to the west where it would be an ideal crossing.
There are several options: stand alone bridge at the quarter line, bridge at bypass (approved by
SDDOT), or extending the bike trail to the North and attaching to the existing Highway 14 Bypass
crossing.
Thomson asked what is the approximate cost for the bridge. Lanning responded it would cost
around $700,000 with construction similar to the Highway 14 By-Pass bridge, with columns, decking
and abutments.
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Weldon stated it is significant that Lanning mentioned this under Phase II of this project. He would
like the council to consider the advisability on this issue of a truss across the Interstate exclusively
for non-motorized traffic. He questioned if this would be the best use of state grant dollars or local
match dollars as it relates to the comprehensive trail system for the community. It doesn’t
necessarily have to cross the interstate at two locations concurrently.
Frerichs stated the proposal in Phase I is a good solution to the original purpose of the Bike Trail,
which was to provide a link to the Industrial Area east of I-29. It is not just a recreational trail, but
also a connector loop for commuters. This project still does that, and has a possibility of allowing
one to go North on 32nd Ave. and continue thru the Industrial Area and connect to Highway 14
Bypass.
Lanning concluded that they would first enter into a design and engineering agreement, and will then
come back to the council with an update prior to bidding.
Presentation by Mike D. Bailey, the Shamrock, regarding his liquor operating agreement
application.
Discussion opened with Britzman summarizing where the city is currently and how the city has
come to this point. Britzman commented the city ran into difficulty in designating the Shamrock as
a convention facility. The plan was to designate the Shamrock as a convention facility for a 5-day
period maximum. There are currently 3 facilities in Brookings classified as convention halls. The
first facility is the National Guard Armory, which has served and continues to be under current city
ordinance, an authorized facility. The Armory is not owned by the City of Brookings, but it has
been utilized and dates ‘way back’ in terms of usage. The second facility is the American Legion
Hall. The city has been able to designate only one facility at a time to use the temporary liquor
license, but over time, understandings evolved a bit, and with ongoing discussion with the Dept. of
Revenue, it has been determined that the city is not limited to one location at a time. The third
facility is the Swiftel Center.
The Shamrock is similar to these facilities, though privately owned, but the key component being the
interpretation of the word ‘public’. Britzman visited with the Dept. of Revenue and the facility
needs to be a public facility in accordance with state statute. One needs to take a step beyond a
Resolution designating a public convention hall and put it on equal public footing as the National
Guard Armory, which is considered a public facility. Not contemplating the city would in any way
operate the facility, but rather have at least a basic lease agreement in which the city would lease the
Shamrock for such time the temporary license is issued. This would be a temporary fix, not a long-
term plan. In studying this issue it has been determined there is a finite limit to the number of
facilities that a city can manage. The council will need to draft a legal document to establish the
Shamrock as an official public convention facility when a temporary liquor license is issued. The
drafted lease is a solution to a problem that has been encountered. The Dept. of Revenue has
approved a lease as a means of satisfying that procedure. The lease would only be a couple pages
long and poses no operational or liability risks to the city, but merely serves as a designation of the
Shamrock as a convention hall.
Britzman has discussed this with Mike Bailey, Jr., and Mike Bailey, Sr. This lease is the plan if the
council agrees to proceed with this as an alternative. The Dept. of Revenue sees this as fully
acceptable, but it should be of limited duration and evaluated at three months or when restaurant
licenses come available and determine which places will continue to qualify as convention facilities.
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Bezdichek asked for clarification of the National Guard Armory and the American Legion as public
convention halls.
Britzman stated he has relied primarily on the definition of a public convention facility, which the
Shamrock meets. The definition of a public convention facility is that which serves a large number
of the public for shows, conventions, weddings, etc. The technical point is not merely the
definition, but that the facility needs to be operated publicly. Britzman stated he relied on satisfying
the definition by the Dept. of Revenue. There is a distinction between the Swiftel Center, a public
facility, and the Shamrock, a private facility.
Bezdichek asked if any of the facilities would each be able to hold a license for an event on the same
date.
Britzman stated state statute extends that shows can be longer than one day, and allows up to a 5-
day time frame.
Mike Bailey, Jr. agreed with Bezdichek on consecutive uses of public facilities. He would like to
know if it is possible for the council to delay the agreement with BraVo’s until the Shamrock’s
attorneys have had a chance to review the potential lease agreement and review any other options
that the Shamrock may have. He stated that he too wants the best use of the current license for the
community. He wants to know now, in certainty, if the Shamrock will qualify for the use of a
temporary liquor licenses or not.
Britzman stated that he first needs to answer the question if the city can issue concurrent temporary
licenses. In a discussion with the Dept. of Revenue Director, the overall plan is okay, but the city
will need to meet all other statutory requirements, with the remaining one being whether or not the
city can issue concurrent temporary licenses.
Bartley stated his interpretation of the law allows multiple temporary licenses on the same date.
Whaley stated she has a problem going into a lease agreement with the Shamrock. She feels it is
above and beyond for the city to go into an agreement with the Shamrock for the purpose of
allowing liquor sales.
Mike Bailey, Jr., the Shamrock, gave the following presentation:
Immediate Need –
Robert’s Rules allow you to reverse a decision under these circumstances.
The Shamrock has 23 large private parties between now and July 1. These events are
predominately wedding receptions.
Bailey asked when the unrestricted liquor license would be taken back by the city; August or September.
The Shamrock has 6 additional private parties in July.
Volume – Johnson Brothers Distributing and Republic Brands Distributing
The volume of liquor an event center sells at their functions is three times the size of the event.
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The Shamrock will achieve $35,450 of hard liquor sales between now and July 1.
Restaurants, if lucky, would achieve $12,000 in that same time period.
Thomson asked if the information Bailey received from the distributing companies, is that comparable to the
same or average size of events to be held at the Shamrock? Yes. Bailey clarified that this is part of the
research they did before building the Shamrock.
The Shamrock will achieve three times the sales volume of the other applicants and thus
three times the tax revenue for the City of Brookings.
Bailey stated that at other event centers, an event would have to pay the equivalent of projected alcohol sales
even if they do not serve alcohol. This could be an amount between $3,000-7,000. $35,000 is a large sum,
especially in the start-up phase, and no where near full-capacity usage.
Liquor License Vital to Start Up. The Shamrock is still ramping up Operations, and this
additional revenue is crucial for meeting expenses.
Economic Impact. There are many possible events that are contacting us that occur within
2 weeks of booking the event. We have attracted a couple of these events from Brookings
that were originally going to Sioux Falls.
Being able to sell hard liquor is important to keep more of these events in Brookings for
economic impact.
Swiftel Expansion is a large impact. A lot of events have looked at the Shamrock. A major factor they
consider is whether or not liquor can be served for a social hour during their event. If a facility as the
Shamrock doesn’t have liquor license, conventions, etc. people look at Sioux Falls and other places that offer
that convenience.
Currently, the Shamrock will achieve $927,000 of additional economic impact in the
Brookings Community this year. This is above and beyond what is sold at the Shamrock – restaurant
meals, gas, hotels, etc.
If the 1.8 multiplier is used on the applicable figures, the Shamrock will be achieving
$1,203,000 of additional economic impact in the Brookings Community this year.
2009 sales goals would amount to over twice as much economic impact for the City of
Brookings.
Only thing needed to ensure this economic impact is a liquor license.
This economic impact would come at no cost to the tax payers in Brookings.
Volume of Sales: Based on information provided by Johnson Brothers Distributing and
Republic Brands Distributing the Shamrock will achieve at least three times the sales volume
of the other applicants.
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Bailey stated the Shamrock is the best interim use for this license, as per potential volume of sales. The
Shamrock will bring in three times the tax revenue over BraVos’. Shamrock as well as Bravo’s is open for
the public enjoyment. There is currently an employer in Brookings that books events in Sioux Falls, so they
can be at a facility that offers atmosphere, as well as liquor sales. The Shamrock has atmosphere, and if we
can have the liquor license, we could offer this company a local option.
Karol Busta stated she appreciates the atmosphere and restaurant addition to the city of Brookings
and feels the city should bend over backwards and offer the temporary liquor license to the
Shamrock.
Troy Hicks, owner of the 311 Event Center feels that if the city enters into a lease agreement with
the Shamrock, then other facilities, such as his, should have the same option given to them. If the
council says no, then the council has set the precedence. He doesn’t have a problem with the
Shamrock or BraVo’s having a liquor license, his concern lies with how the city is going around to
give this license to the Shamrock.
Don McCarty, Attorney, stated that from an outsider’s view, he can’t imagine it wouldn’t be prudent
for the city to wait in issuing its last unrestricted license. Once the decision is made, it is done.
Review draft ordinance for new restaurant liquor licenses.
City Attorney Britzman presented a draft Ordinance for Council review regarding the establishment
of Restaurant Liquor Licenses. This ordinance is intended to take the substance of SB 126 and put
in ordinance format. In terms of procedure, the Ordinance does not contain more than a
restatement and clarification of the essential parts of SB 126. Britzman sees this as a series of steps.
Step #1, the initial step, is in order to effectuate SB 126, allowing the issuance of restaurant licenses.
The city has to adopt the Ordinance in order to do so.
Step #2, integrate this ordinance with the city’s current licensing structure. There is a distinct
difference in restaurant licenses versus municipal licenses; restaurant licenses will be issued to and
owned by the licensee. The city of Brookings is a municipal local option community, which means
the city currently holds the only license. The restaurant licenses will have to be viewed under the
terms of SB 126 and its provisions, and he sees including additional guidelines and prerequisites for
clarification.
Step #3, public input. One person cannot come up with every possible issue that might arise on any
ordinance or statute. Britzman has identified a couple issues which need to be addressed and
answered in the ordinance before adoption. In discussion with the Secretary of the Dept. of
Revenue, Paul Kinsman, he encouraged the city to wait until a greater degree of input from the
Dept. of Revenue is had. Particularly, if the city gets along too fast in the interpretations of the
Ordinance and it is not how the Dept. of Revenue envisions the bill to work. Britzman stated that is
a reasonable caveat, as they are in the regulation business and more aware of problems than he.
Overall, Section 650 would be new section in the alcoholic beverage Ordinance. In regards to
license application requirements documentation, he stayed as close to statute as possible and sees
advertising restriction, annual reports, and renewals as crucial components. The most significant
part is the registry. State statute contemplates there be a registry between 2003 and 2008 of on-sale
licenses that have been transferred in communities. This is unlike Sioux Falls, as there have likely
April 29, 2008 City Council Packet
68
been transfers of licenses in Sioux Falls, as those licenses are not owned by the municipality. For
Brookings, the city would have to start and maintain a registry, as they city has not transferred
licenses in the last 5 years or prior to the adoption of the local option ordinance. The licenses are
owned by the city. Operating agreements have been transferred between parties, but the city
municipal license has not been transferred. Going forward, the city will have an obligation to
maintain the registry as these licenses could be sold/transferred.
Bezdichek thanked Britzman for the clarification, as it is not as clear as it appears to be in regards to
the decision to be made. In looking at license renewals, the city has liquor on-sale that are renewal,
convention facility on-sale that are renewal, liquor club license that are renewal, now we have SB 126
restaurant license renewal. He asked why can’t Mike Bailey go to Elks Club or the VFW and buy
their license? The issue of issuing this last remaining license is going to change things like never
before. These now have to be licensed-type and make certain of how the city is going to categorize
them. The Shamrock could get a license tomorrow.
Britzman stated this Ordinance is not mandated, but is an option available to the city to issue
restaurant licenses.
Britzman stated there is a minimum on the price of these licenses that is set by state statute. The
minimum fee is $1/resident as determined by last federal census; thus $18,506.
Bartley stated the fee is determined by the last census, but could be increased with the new census.
This is a new class of license, Operating Agreements or not. The city is able to set the minimum fee
to begin with and that must stay for 10 years. If the city does not adopt the $1/person fee, rather
set it at $50,000, the city is stuck with that fee for 10 years.
Bartley stated he and others worked hard from the city standpoint for economic development. He
is not comfortable with issuing the temporary license until things get done. The city would operate
in a gray area with the lease agreement, and sees it as a compromise the council is trying to make,
unsure of how things are going to work. He feels this leaves the city open for additional requests for
those types of licenses in the future, and need to be careful to not enter into these gray areas too
often. The city needs to proceed closely with those lease agreements.
Britzman sees the next phase as easier in looking at a couple of issues of what additions can go into
this ordinance. The Dept. of Revenue sees a number of issues that need to be researched and a
written analysis provided to all who want to adopt one of these ordinances. He feels the city can
move forward independently with this as an agenda item for a couple weeks and gradually move to
the next level. The final step would be gathering other city attorney’s input.
(BREAK: 6:10 p.m., resumed at 6:18 p.m.)
6:00 P.M. CITY COUNCIL MEETING
Consent Agenda: Discussion regarding process for unrestricted liquor license after restaurant
licenses are issued was added as Item #6A; a motion was made by Bartley, seconded by Reed, to
approve the consent agenda as amended, which included:
A. Agenda as amended.
B. Action to approve City Council Minutes from the March 18 and March 25, 2008
Meetings.
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C. Action on Resolution No. 31-08, a resolution designating Pioneer Park for Summer
Arts Festival.
Resolution No. 31-08
A Resolution Authorizing the Brookings Summer Festival
Committee to Have Exclusive Use of Pioneer Park
WHEREAS, the Brookings Summer Festival will be held in Pioneer Park on July 9-15, 2008, and
WHEREAS, the Summer Festival Committee has requested the exclusive use and control of Pioneer
Park and its facilities for said festival, plus additional days for preparation and take-down, and
WHEREAS, the Summer Festival Committee has provided evidence of liability insurance coverage
including the City of Brookings as named insured, and
WHEREAS, the Summer Festival Committee has agreed to accept responsibility for the conduct of
the Summer Festival on said premises, now therefore,
BE IT HEREBY RESOLVED, that the use of Pioneer Park and its facilities as a public park shall
terminate for the period of July 9 through July 15, 2008.
BE IT FURTHER RESOLVED, that the City Council does hereby grant the exclusive use of Pioneer
Park and its facilities during the Brookings Summer Festival to the Summer Festival Committee.
FURTHER, IT IS RESOLVED, that the Summer Festival Committee shall be responsible for
maintaining said facilities and cleaning them and returning them to the City of Brookings in good
condition following the festival.
D. Action on Resolution No. 32-08, a resolution approving the official canvass of the
April 8, 2008 municipal election ballot.
Resolution No. 32-08
Canvassing the April 8, 2008 Municipal Election
WHEREAS, on the 8th day of April 2008, there was held in the City of Brookings, South Dakota, an
election for the purpose electing three city council members, and
WHEREAS, the judges and clerks of said election have returned to the City Council of the City of
Brookings the official results for the purpose of the official canvass, and
WHEREAS, the City Council on April 8, 2008 has canvassed the results for the purpose of
determining the official election outcome, and
NOW, THEREFORE, BE IT HEREBY RESOLVED By the City Council of the City of Brookings,
South Dakota that the official vote at the City Election held April 8, 2008 was as follows:
City Council
1 Year (1)
Ryan
Brunner
Larry
Mix
Joyce
Hodges
Over
Votes
Under
Votes
Total
Ballots
Cast
Rural Ballots Cast Total Votes
Cast
Precinct 1
44 23 17 0 1 85 84
Precinct 2 131 42 64 0 8 245 237
Precinct 3 82 66 51 0 6 249 44 199
Precinct 4 271 137 139 6 17 595 27 545
Precinct 5 286 116 193 5 22 622 595
Precinct 6 204 109 96 3 24 436 409
TOTAL 1018 493 560 14 78 2232* 71 2069
April 29, 2008 City Council Packet
70
City Council
3 Year (2)
Ginger
Thomson
Mike
Bartley
Mike
McClemans
Over
Votes
Under
Votes
Total
Ballots
Cast
Rural
Ballots
Cast
Total
Votes
Cast
Precinct 1
40 43 51 0 36 85 134
Precinct 2 131 145 124 0 90 245 400
Precinct 3 108 104 117 0 81 249 88 329
Precinct 4 304 308 336 0 192 595 54 944
Precinct 5 315 352 370 0 207 622 1037
Precinct 6 220 252 249 2 149 436 721
TOTAL 1118 1204 1247 2 755 2232* 142 3565
*2,280 indicated on grand total, however, this includes 48 from Aurora.
E. Action on the appointment of Nancy Hartenhoff-Crooks to the Transportation Board
(Brookings Committee for People who have Disabilities Representative).
F. Action on an appointment of Jessie Kuechenmeister to the Brookings Committee for
People who have Disabilities.
G. Action on Resolution No. 33-08, a resolution authorizing the city manager to enter
into a Fixed Base Operator’s Agreement with Pheasant’s Fury Aviation, LLC.
Resolution No. 33-08
Resolution for Fixed Base Operator’s Agreement
WHEREAS, the City of Brookings is desirous in having a Fixed Base Operator at the
Brookings Regional Airport to serve the area aviation needs; and
WHEREAS, the City of Brookings is desirous in entering into an agreement with Pheasant’s
Fury Aviation, LLC of Brookings South Dakota for Fixed Based Operator services; and
THEREFORE, BE IT RESOLVED that the City of Brooking duly authorizes the City
Manager of the City of Brooking to sign all documents for the Fixed Base Operator’s Agreement
between Pheasant’s Fury Aviation, LLC and the City of Brookings.
This resolution is effective immediately upon passage.
H. Action on a request from Michael and Susan Dorn to abate a portion of the 2008
Drainage Fee for the N 465’ of the S 500’ of the E 419.25 of the NE ¼ of Section 30-
110-49.
I. Action on a request from Michael and Susan Dorn to abate a portion of the 2008
Drainage Fee for Lot 5, Vandervliet Addition, known as 2209 32nd Street South.
J. Action on Resolution No. 36-08, awarding bids for 2008-02STA 15th Street South,
Camelot Drive, & Christine Avenue Street Assessment Project.
Resolution No. 36–08
Resolution Awarding Bids on Project 2008-02STA
15th Street South, Camelot Drive and Christine Avenue Assessment Project
Whereas, the City of Brookings opened bids for Project 2008-02STA 15th Street South,
Camelot Drive and Christine Avenue Assessment Project on Tuesday, April 8, 2008 at 1:30 pm at
Brookings City Hall; and
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Whereas, the City of Brookings has received the following bids for Project
2008-02STA 15th Street South, Camelot Drive and Christine Avenue Assessment Project:
Winter Brothers Underground, Inc., Sioux Falls, SD $493,000.00
Prunty Construction Co., Inc., Brookings, SD $500,000.00
Rounds Construction Co., Inc., Brookings, SD $515,454.80
Bowes Construction, Inc., Brookings, SD $517,482.20
H & W Contracting, Sioux Falls, SD $651,812.10
Scott Olson Digging, Huron, SD $691,460.95
Now Therefore, Be It Resolved that the low bid of Winter Brothers Underground, Inc.,
Brookings, for $493,000.00 be accepted.
K. Action on a revised Preliminary Plat of a portion of Block 8, 10, and 11, Moriarty 4th
Addition.
L. Action on Preliminary Plat for Sieler Addition in the NW ¼ of the SE ¼ of Section
35-110-50 (formerly Hunter’s Ridge).
On the motion, all present voted yes; motion carried.
Mayoral Proclamations:
Mayor Munsterman read the following Proclamations:
o April 13-19: Public Safety Telecommunicator’s Week (Joint City/County Proclamation)
o May 14: Brookings Activity Center Day
Mark Stratton, Communications Commander, and Captain Jeff Miller were present to accept the
Proclamation declaring April 13-19 as National Telecommunicator’s Week.
Discussion regarding process for unrestricted liquor license after restaurant licenses are
issued.
Don McCarty, Attorney, commended Britzman for his first draft of this ordinance. However, he
feels the ordinance does not include all of the substance that SB 126 requires, particularly in regards
to business owners currently operating in Brookings. SB 126 was passed to allow a municipality to
increase the number of licenses they can issue to foster development and bring business into a
community. The city needs to protect business owners operating in their municipality. In order to
get the full benefit of SB 126, the city has to comply with all the requirements of SB 126; full-service
restaurants, other licenses not available for sale, and must be sold at market value. In looking at the
draft ordinance, section 8 of SB 126 and the second half of section 9 of SB 126 are excluded. Those
provisions were specifically included in SB 126 to protect the current operators so the market isn’t
flooded with a ton of competition coming in at a much cheaper price over time.
Bartley stated the intent was not to protect the competition; rather to protect the value of the license
itself.
McCarty stated whether one uses the word ‘value’ or ‘competition’; it was intended to protect the
value of the license. For the council to say these operators in Brookings don’t have their name on a
license, and that they are not being sold in conjunction with the total business and given a value; that
ignores reality. If a business in Brookings is sold, they have it appraised, and a line item value is
placed on the fact that that business is currently operating with a liquor license. The purchase
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agreement states that that operating agreement will transfer. Under SB 126 in section 8, the word
“own” is mentioned one time in the entire bill. In section 9, there is no reference to “own”, and it
specifically defines what the current market value is. It specifically sets up a process in which to
establish a current market value for current operators under the operating agreement. If there has
been a sale between 2003-2008 and it has been an arm-length transaction, one can deduct the real
property and personal property and to find the value of the license. Operators will argue they have
paid for their license, may not own it, but they have paid a value for their license and could offer an
exhibit stating as such. Under section 8, which is not in the ordinance, it provides a determination
the fair market value could be contested in circuit court.
McCarty stated that process most certainly is supposed to be built in to determine the fair market
value of the license.
McCarty agrees that the local option Brookings has is different than in other municipalities, but
there is nothing in SB 126 that states a local option municipality doesn’t have to comply with all
sections stated in SB 126.
Munsterman commented when the law was written, it was distinct on whether one owns the license
or not. It was also written in a manner to be used by communities with a local option or not.
Brookings is fortunate to have the local option. When involved in this process of understanding
and integrating SB 126 into an ordinance, he feels the council will learn much that is different from
what they are used to; pricing structures, etc. Much is going to have to be thought through between
now and issuing the first license after July 1st.
McCarty commented that every bar/establishment sale he’s been involved in has included a
provision within the sale that the license will be transferred with the business. Clearly, the person
purchasing that business expects that license to be transferred, and they too have paid for that
license.
Troy Hicks asked how many class 1 municipalities have the same type of structure, local option, as
Brookings. Bartley responded he is unsure of how many class 1 municipalities, but state-wide there
are 110.
Garner Hansen asked for clarification on what the council is doing with the unrestricted license. He
expressed concerns to not reopen the application process for this last license. The process was
started on February 8, 2008 and provided three applicants. He stated he wants this last unrestricted
license to enable him to get on with his business plans.
Munsterman stated there are too many unknowns in order to provide an answer. The council needs
to allow the City Attorney time to refine and understand what the new license will entail.
Brunner commented the council needs to have some questions answered that were raised from the
five o’clock session. He hopes that over the course of the next few council meetings the discussion
will continue to find the right answers to the right questions.
Karl Steege, Skinner’s Pub, commented on the process with the unrestricted license and it being the
last one currently that has been on the shelf for quite some time, so therefore it must be really
important. He supports SB 126 and feels it is a shame a community would miss out on an
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opportunity for whatever facility it may be, because of the technicality the city does not have any
licenses left.
Steege is disappointed if the focus is on what the city can do, or what the city is able to do, or what
law grants the city to do, versus what is right. People have invested their whole lives into their
operating agreements, their businesses. That blue sky, market value, is what they have saved for
retirement, to pass on to their heirs. The purpose of SB 126 is to protect the existing market place,
not from competition, but from devaluing those licenses. He urged the council to focus on what is
right, whatever it is, that is fair for all. He asked the council to focus on what they should do.
Brunner commented that new licenses be valued at $18,506, and asked Steege if he feels that the city
should establish a higher price.
Steege suggested the law that makes allowances for such ordinances be the building blocks and
possibly be more strict, be set at 80/20 or 60/40, or no pool tables and no smoking. They should
take into consideration what is fair, and not what they can technically do. Brookings is a different
situation, with operating agreements, and the council needs to go down a road that would be
positive for everyone.
Bezdichek wants all to understand that the city will be issued, at some point, more unrestricted
licenses as it is based on population/census. When the city is issued additional licenses, the city will
then grant that license to an applicant for $0. This license is not technically the ‘last’ license.
Whaley commented she hopes the council doesn’t put this license back on the shelf. She recently
attended the BEDC/Chamber Meeting, held at the Shamrock, where Governor Rounds commented
“…don’t discourage anybody…help people grow.” She wants to award this license to Gonz
Productions (Garner Hansen), to see him have the ability to compete with other downtown
businesses.
Bartley stated the council has never turned down a transfer between operators in the same location.
Wisely so, the buyers made that contingent. He stated the fact remains; those operating agreements
will still have a value. Restaurant Licenses will cost more, whether the city sticks with the minimum
or raises it. He is in favor of going ahead with the plan in place, make it temporary, and continue to
work thru this issue of establishing the ordinance and issuing the new licenses.
McCarty stated in response to Brunner’s earlier question, that SB 126 contemplates establishing
market value based on most recent sale. He feels the council should incorporate that language into
the ordinance. SB 126 ties the value of the unrestricted license to the value of the restaurant license.
The minimum value can’t be less than $18,506, but also can’t be less than fair market value. He
asked why the council would not want to consider that, and have it stated in the ordinance.
Munsterman stated the bottom line is what we are going to do, continue to lease the unrestricted
license, and treat that as a particular license type that needs a control measure such as a lease
agreement. As the council gets into these discussions, we really have to understand the law better.
Troy Hicks, owner of the Lantern, has owned his business for 13 years. Over that time period, he
has paid $19,500 for the renewal of that license. If a restaurant can buy a license for $18,506, in his
opinion, he has just lost a $1,000, due to the city controlling this license. Hicks stated the City
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Manager, the Mayor, the Council and the City Attorney needs to decide right now if they are going
to continue to control these restaurant licenses. They will be able to control the restaurant licenses
to an extent, but not to the extent as with the on-sale licenses.
SDSU Report.
1st Reading – Ordinance No. 12-08. First reading was held on Ordinance No. 15-08, action on an
application for a conditional use to establish a drive-in food service on Lots 12 – 14, Block 6,
Original Plat Addition (425/427 Main Avenue). Public Hearing: April 29, 2008 (note: A super majority vote of 5/2 will be
required on this item to pass)
1st Reading – Ordinance No. 16-08. First reading was held on Ordinance No. 16-08. action on an
application for an amendment to a conditional use to establish four (4) additional dwelling units in
an apartment on a portion of Lot 18, and Lot 19, except the W85 feet of Lot 19, College Addition
(649 Faculty Drive). Public Hearing: April 29, 2008
1st Reading – Ordinance No. 17-08. First reading was held on Ordinance No. 17-08, action on
amendments to the sign ordinance pertaining to electronic message signs. Public Hearing: April 29, 2008
2nd Reading – Ordinance No. 12-08. A public hearing was held on Ordinance No. 12-08, an
Ordinance Revising the Composition, Appointment and Criteria for Appointment of Members of
the Brookings Health System Board of Trustees. No comments were made. A motion was made by
Reed, seconded by Whaley to approve. All present voted yes; motion carried.
Weldon offered a clarification on the purpose of the change is to allow members of City Council
and the County Commission to appoint members from their respective bodies regardless of where
they live within Brookings County. They want to reflect a more broad reflection of the area the
Brookings Health Service represents.
2nd Reading – Ordinance No. 13-08. A public hearing was held on Ordinance No. 13-08, an
Ordinance Amending Article II of Chapter 22 of the Code of Ordinances of the City of Brookings
and Pertaining to the Adoption of the 2006 International Building Code and the 2006 International
Residential Code with Certain Amendments Thereto. No comments were made. A motion was
made by Thomson, seconded by Reed, to approve. All present voted yes; motion carried.
2nd Reading – Ordinance No. 14-08. A public hearing was held on Ordinance No. 14-08, an
Ordinance Amending the Joint Jurisdiction Area Zoning Ordinance pertaining to a private stable as
a special exception in the Residence R-1A District. No comments were made. A motion was made
by Thomson, seconded by Whaley, to approve. All present voted yes; motion carried.
Public Hearing – Resolution No. 35-08 – Sidewalk Assessment. A public hearing and action
was held on Resolution No. 35-08, Levying Assessment for 2007-01SWR, Sidewalk Assessment
Project. No comments were made. A motion was made by Bartley, seconded by Reed, to approve.
All present voted yes; motion carried.
Resolution No. 35-08
Levying Assessment for Sidewalk Assessment
Project No. 2007-01SWR
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WHEREAS, the City Council has provided for the following work to be completed under
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 City Council has made all investigation which it deems necessary and has found and
determined that the amount which each lot or tract will be benefited by the construction
of the sidewalk improvement heretofore designated as Sidewalk Assessment Project No.
2007-01SWR is the amount stated in the proposed assessment roll.
2. The assessment for Sidewalk Assessment Project No. 2007-01SWR is hereby approved
and the assessment thereby specified are levied against each and every lot, piece or
parcel of land thereby described.
3. Such assessments, unless paid within thirty (30) days after the date of mailing of a
statement of account by the City, shall be collected by the City in accordance with the
procedure for Plan One in Sections 9-43-30 to 9-43-41, South Dakota Compiled Laws
of 1967, as amended with interest of 10% on the unpaid balance.
4. Assessments amounting to less than $300.00 shall be paid in one payment.
This resolution will rescind Resolution No. 20-08, approved by City Council on February 26,
2008.
Resolution No. 29-08 – Liquor Operating Agreement: BraVo’s. Motion was made by Bartley,
seconded by Thomson, to approve Resolution No. 29-08, a resolution authorizing the city manager
to enter into a liquor operating agreement with BraVo’s on a temporary basis until the new
restaurant licenses are issued.
Mike Bailey, Sr. asked the council what the options are for the Shamrock if the lease with the city
falls thru. He asked the Council to delay giving the last unrestricted Liquor License to BraVo’s until
something has been decided for the Shamrock.
Thomson agreed that there should be a revisal on this resolution, a backup plan for the Shamrock, if
the lease agreement falls through. She doesn’t want the Shamrock to not have any options for the
next two-plus months, until the new restaurant licenses are available.
Bezdichek stated this is not whether BraVo’s should or should not have this license, but rather what
is the best use for this license. He agrees with Whaley, that the unrestricted license should be
located downtown, as that is where the majority of the other unrestricted licenses are located. He
would like to see this license located best geographically where the owner and the city will get the
best benefit. As this license has been on the shelf for four years, he is not ready to and does not
want to be held accountable, as an elected official, for making the wrong decision on an issue that
has some time.
Reed stated he agrees with Bezdichek. There are many things that play into this and those
unrestricted licenses could have a different value in different ways. He wants to understand that the
Shamrock can get a license that satisfies them. He stated that as the council entered into this and
asked the City Manager to create this operating agreement, they were under the understanding that
the Shamrock would also be able to serve alcohol at that time. There were some mistakes in that
process, and wants to be sure that that doesn’t happen again.
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Motion was made by Reed, seconded by Bezdichek, to table Item #15 (issuing of the Liquor
License to BraVo’s). All voted yes; Bartley voted no; motion carried.
Mike Bailey Sr. stated the intent of all this is for the wellbeing of Brookings. The goal is to all work
together. He asked if there is anything they can do to help resolve this.
Munsterman referred him to continue working with the City Attorney. He mentioned the one
unresolved question in regards to issuing more than one temporary license concurrently still needs
an answer. As more information is brought forward, he hopes it will bring understanding of these
licenses and what it means for Brookings. He feels the city is in a good position right now, and
hopes that in 2-3 months, all parties will be satisfied.
Bartley commented when he went to the legislature to work for this bill, he didn’t see anyone there
voicing their thoughts or supporting Brookings and the Municipal League’s efforts, and now that it
has passed, everyone is holding their hands out. He feels he is working to the best of his abilities to
answer everybody’s concerns, but the council isn’t taking any action on anything and feels the
council should have issued this license tonight. He feels bad for the Bailey’s and other applicants
that they have to go thru this. To him this is unacceptable.
Mike Bailey, Sr. stated that they were asked to contact the Governor, legislators and such. They did
so.
Bartley responded that yes, they did, but he had to ask people to contact their legislators to support
the bill, they didn’t do it on their own.
Public Hearing – Resolution No. 28-08 – Lease of Real Property. A public hearing and action
was held on Resolution No. 28-08, a resolution of intent to lease real property to a private person
and authorizing the Mayor to sign an agreement with the South Dakota Kart Club, Inc. No
comments were made. A motion was made by Thomson, seconded by Reed, to approve. All
present voted yes; motion carried.
Resolution No. 28-08
Resolution of Intent to Lease Real Property to Private Entity
BE IT RESOLVED by the governing body of the City of Brookings, South Dakota that
the City of Brookings intends to enter into a Lease with South Dakota Kart Club, Inc., a South
Dakota Corporation, for a period of Five (5) years and pertaining to the following described property:
The West Half of the Southwest Quarter (W½SW¼) of Section Thirteen (13), Township
One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., within the City of
Brookings, Brookings County, South Dakota, less the North Seven Hundred Feet (N 700')
of the East Seven Hundred Twenty Feet (E 720') and the North Nine Hundred Fifty Feet
(N 950') of the West Six Hundred Feet (W 600') less any Highway right of ways of the West
Half of the Southwest Quarter (W½SW¼) of said Section Thirteen (13).
The purpose of this Lease is to provide a location for kart racing. The term of the Lease is
five years. The Lease provides that as rent for the above-mentioned premises, the infield, bleachers,
parking and restroom facilities shall be available for use by the City of Brookings Park and Recreation
Department for sponsored activities.
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BE IT FURTHER NOTED, that a Public Hearing on this Resolution was held on this
15th day of April, 2008 at 6:00 o'clock P.M. at the City Council Chambers and that all persons were
given an opportunity to be heard on the intent to lease real property.
Resolution No. 30-08 – Award Bids. Action was held on Resolution No. 30-08, a resolution
awarding bids for the Downtown Streetscape project. No comments were made. A motion was
made by Bezdichek, seconded by Thomson to approve. All present voted yes; motion carried.
Resolution No. 30-08
Resolution Awarding Bids on Project 2008-03STI
Downtown Streetscape Project
Whereas, the City of Brookings opened bids for Project 2008-03STI Downtown Streetscape
Project on Tuesday, March 18th, 2008 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Project
2008-03STI Downtown Streetscape Project:
Bid Schedule No. 1:
Base Bid Items:
Engineer’s Estimate: $3,005,627.00
Winter Brothers Underground, Inc., Sioux Falls, SD $3,687,292.50
Duininck Brothers, Inc., Prinsburg, MN $3,821,790.50
Prunty Construction Co., Inc., Brookings, SD $3,907,345.27
Bid Alternate No. 1 (Walkway Pavement Custom Joint Pattern):
Engineer’s Estimate: $8.040.00
Duininck Brothers, Inc., Prinsburg, MN $26,800.00
Prunty Construction Co., Inc., Brookings, SD $71,757.00
Winter Brothers Underground, Inc., Sioux Falls, SD $73,700.00
Bid Alternate No. 2 (Walkway Pavement Custom Color Concrete):
Engineer’s Estimate: $16,080.00
Duininck Brothers, Inc., Prinsburg, MN $50,250.00
Winter Brothers Underground, Inc., Sioux Falls, SD $107,200.00
Prunty Construction Co., Inc., Brookings, SD $107,635.50
Bid Alternate No. 3 (Walkway Pavement Additional Color Concrete):
Engineer’s Estimate: $40,200.00
Duininck Brothers, Inc., Prinsburg, MN $80,400.00
Winter Brothers Underground, Inc., Sioux Falls, SD $107,200.00
Prunty Construction Co., Inc., Brookings, SD $143,514.00
Bid Alternate No. 4 (Parking Area Concrete Pavement):
Engineer’s Estimate: $143,528.00
Winter Brothers Underground, Inc., Sioux Falls, SD $123,956.00
Prunty Construction Co., Inc., Brookings, SD $130,480.00
Duininck Brothers, Inc., Prinsburg, MN $172,886.00
Bid Schedule No. 2:
Roadway Surfacing:
Bowes Construction, Inc., Brookings, SD $125,870.00
Bid Alternate (Parking Area Asphalt Pavement):
Bowes Construction, Inc., Brookings, SD $49,055.00
Now Therefore, Be It Resolved that the low bid of Winter Brothers Underground,
Inc., Sioux Falls, SD, for Base Bid of $3,687,292.50 with no bid alternates be accepted for Bid
Schedule No. 1; and that the low bid of Bowes Construction, Inc., Brookings, for Roadway
Surfacing for $125,870.00 and Bid Alternate (Parking Area Asphalt Pavement) for $49,055.00
be accepted for Bid Schedule No. 2.
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Weldon commented they were disappointed when the bids came in $700,000 over the projected
amount. They have 5 options to choose from: Option 1, redesign; Option 2, do the streetscape
only; Option 3, as designed; Option 4, modify project after awarding bids; and Option 5, scrap the
project entirely. Weldon recommended Option 4, to modify the project after awarding bids. The
low bidder is willing to work out modifications to lower the cost of the project.
He stated a list of recommendations that would bring the shortfall down to $645,217 with some
project reductions. Beyond that, they are looking at some accounting shifts to be spread around in a
team approach. He doesn’t want to cut into capital purchases or operations, but rather minimize
problems with the project and still get it done with keeping the reserve in good shape.
He recommends awarding the contract to Winter Bros. Construction in the amount of
$3,687,292.50 with associate bid alternates for paving and surfacing.
Lanning clarified that this project is really awarding two contracts: one to Bowes Construction for
the road way surfacing portion, and one to Winter Brothers.
Bezdichek asked when they anticipate starting on the Downtown Streetscape Project. Lanning is
anticipating the first week of May.
Thomson thanked City Staff and City Manager Weldon on their abilities to satisfy as many parties as
possible in this situation. She commented how they have been able to find ways to make things
happen that are agreeable to the majority of the people and able to move this project forward.
Weldon expressed his gratitude to the teamwork of city staff members and the consultants. While
the design is to soften the asphalt jungle downtown, the number of trees is an issue and we will be
looking at that. We have heard the public on this issue and will be reviewing.
Troy Hicks asked what is the completion date is if the project is started the first week of May, and
how the project will proceed, if it will be one block at a time or all of downtown at once.
Lanning stated she will know more after the pre-construction meeting. The initial completion date
is October 15. It is up to the contractor for the construction sequence, but they will start from the
north. The contractor is expected to maintain as much traffic flow in sections they are working on,
with east/west traffic flow to be maintained as much as possible.
Weldon stated there will be a series of meetings scheduled for downtown businesses. He stated that
this project is not going to be a picnic. It will be dirty, dusty, and inconvenient and will take
patience and cooperation from all in the construction zone.
Reed thanked city staff in dealing with many people with many ideas and creating a plan that is good
for all.
Thomson asked if the final plan will be on the city’s website. Yes.
Bartley stated he too supports city staff and their recommendations. He has visited with people
downtown and taken views on both sides with likes and dislikes. He sees the downtown businesses
as planning ahead for a decrease in sales and will be glad to see this project finished.
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Munsterman stated this is a great time to be doing this for Brookings.
Adjourn. A motion was made by Reed, seconded by Whaley, to adjourn. All present voted yes;
motion carried. Meeting adjourned at 7:34 p.m.
CITY OF BROOKINGS
Scott D. Munsterman, Mayor
ATTEST:
Shari Thornes, City Clerk
April 29, 2008 City Council Packet
80
CONSENT AGENDA #4
C. Action on various committee, commission and board
volunteer appointments.
The final appointments recommendations were not available at
the time of printing and will be provided to the Council under
separate cover and handed out at the meeting.
April 29, 2008 City Council Packet
81
CONSENT AGENDA #4
D. Action on Resolution No. 37-08, a Resolution of the City
Council of the City of Brookings declaring certain Real
Property as Surplus and Authorizing the Sale of such
Property). (The South six rods of the SE ¼ of the SE ¼
of the SE ¼ of Section 21-T110-R50W – 1.5 acres more
or less.)
The City of Brookings owns the above reference agricultural land, approximately 1.5
acres, which is located outside the city limits just west of the airport. It was purchased
in 1924 for $500 (see deed enclosed). The specific reason for its purchases is unknown,
but it is fair to speculate it was done in anticipation for a well site for the city water
system. However, the City no longer has a use for this property.
The neighboring property owner is planning to sell their land at auction and had
contacted Don Larson to be the auctioneer. Mr. Larson has suggested selling this land
in conjunction with auction property, if the City desires to dispose of it. The City will
be compensated the per acre price that the property sells at auction. The City
Attorney would work with the buyer and seller on any legalities associated with the
sale. The first action in this process is to declare it as surplus property.
April 29, 2008 City Council Packet
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Presentations/Reports/Special Requests:
5. Mayoral Proclamations:
o April 25 – Arbor Day
o May 2-3 – VFW Buddy Poppy Days
April 29, 2008 City Council Packet
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Mayoral Proclamation
Brookings, South Dakota
WHEREAS, Trees significantly affect the quality of life of the Citizens in our community; and,
WHEREAS, Our community forest must be perpetuated so as to provide the benefits of aesthetics,
shade, energy conservation, noise reduction, and community livability; and,
WHEREAS, Our forefathers who settled the prairie had the foresight and courage to plant trees we
now enjoy, let us also have the same foresight and courage to plant and care for trees
for the sake of our children and our children’s children; and,
WHEREAS, It is essential that the citizens of our community realize the importance of tree care
throughout the life of a tree; and,
WHEREAS, it is desirable that schools, civic organizations, news media, youth and senior citizens
groups participate in programs and ceremonies within our community that will
emphasize trees, their planting and their care;
NOW, THEREFORE, I, SCOTT D. MUNSTERMAN, Mayor of the City of Brookings, State of
South Dakota, do hereby proclaim April 21 - 27, 2008 as:
“Arbor Week”
in Brookings and further proclaim Friday, April 25, 2008 as:
“Arbor Day”
in Brookings, and hereby encourage all our citizens to participate in the celebration of this occasion
which looks toward the future.
IN WITNESS WHEREOF, I have hereunto set my hand, and caused
to be affixed the Great Seal of the City of Brookings, this 25th day of
April, 2008.
____________________________
Scott D. Munsterman, Mayor
April 29, 2008 City Council Packet
85
Mayoral Proclamation
Brookings, South Dakota
WHEREAS, The annual distribution of Buddy Poppies by the Veterans of Foreign Wars of the
United States has been officially recognized and endorsed by governmental leaders
since 1922; and,
WHEREAS, VFW Buddy Poppies are assembled by disabled veterans, and the proceeds of this
worthy fund-raising campaign are used exclusively for the benefit of disabled and
needy veterans, and the widows and orphans of deceased veterans; and,
WHEREAS, The basic purpose of the annual distribution of Buddy Poppies by the Veterans of
Foreign Wars is eloquently reflected in the desire to “Honor the Dead by Helping the
Living”.
NOW, THEREFORE, I, SCOTT D. MUNSTERMAN, Mayor of the City of Brookings, State
of South Dakota, do hereby proclaim May 2 and 3, 2008 as:
“Buddy Poppy Days”
in Brookings and do hereby urge the citizens of this community to recognize the merits of this
cause by contributing generously to its support through your donations for Buddy Poppies on the
day set aside for the distribution of these symbols of appreciation for the sacrifices of our honored
dead.
I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men
and women of this country who have risked their lives in defense of the freedoms which we
continue to enjoy as American citizens.
IN WITNESS WHEREOF, I have hereunto set my
hand, and caused to be affixed the Great Seal of the City
of Brookings, this Twenty-First Day of April, Two
Thousand and Eight.
____________________________
Scott D. Munsterman, Mayor
April 29, 2008 City Council Packet
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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.
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87
Ordinances – 2nd Readings / Public Hearings
8. Ordinance No. 15-08: Action on an application for a
conditional use to establish a drive-in food service on Lots
12 – 14, Block 6, Original Plat Addition (425/427 Main
Avenue).
Applicant: Dick Fergen
Proposal: Establish a drive-in food service in the Central Business District
Background: The applicant owns a restaurant located at the corner of Main Avenue and
5th Street. He also owns the two (2) vacant lots to the south. These lots were occupied
by buildings until the south building was destroyed in a fire in the mid 1980s. The other
building was severely damaged and razed. The lots are currently used for parking.
Specifics: The applicant is proposing to establish a drive-up food service from a window
in the south wall of the restaurant. The plan shows two (2) drive-up lanes that converge
at a service window. Traffic would enter the site from the alley and exit onto Main
Avenue. The south half of the lot has a drive-thru land and four (4) parallel parking
spaces.
I have inserted the standards that must be complied with as a prerequisite to approval
along with comments associated with each standard.
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 Committee shall review any proposal that causes a
reduction in on-street parking and submit their findings to the commission.
The drive-up lanes are each about 72 feet in length. This is measured from the property
line to the initial point of contact which is the menu boards. A restaurant must have at
least 120 feet of stacking.
The exit aisle is shifted towards the center of the lot. There are some outdoor eating
areas and minor landscaping proposed on each side of the exit. The driveway would be
12 feet from the building to the south and 19 feet from the restaurant wall. The site plan
shows two (2) drive-up lanes and a drive –thru lane exiting onto Main Avenue.
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The egress onto Main Avenue shows a right turn only arrow. However, there is nothing
that prevents or deters a left turn. A modified curb design could be an option, but it is
unclear how this would blend with the streetscape plan for downtown.
The plan does not show any detail as to how the menu boards and intercom system are
designed. The plan also fails to show how the drive-up area will be illuminated.
The service window is located 50 feet from the adjacent property to the south.
The City Engineer brought the proposal to the Traffic Safety Committee on Thursday,
March 20. The committee heard from the applicant and others regarding several aspects
of how traffic would enter and exit the site. It was noted that four (4) parking spaces
would be lost along Main Avenue with the driveway in its proposed location. The
Traffic Safety Committee Minutes are attached.
A motion to recommend approval of the plan was lost by a vote of 1 for, 5 against with
one abstention.
Additional attachments include letters from the DBI and BHPC.
Recommendation: The Planning Commission voted 3 yes and 4 no to
recommend that this conditional use not be approved.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
(note: A super majority vote of 5/2 will be required on this item to pass)
City Manager Recommendation: To oppose the conditional use request for the
following reasons: at least two citizen advisory groups have evaluated the issue
and determined there are safety issues. Specifically, the clear sight lines are
compromised as vehicles exit the drive-up lane.
April 29, 2008 City Council Packet
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Ordinance No. 15-08
An Ordinance pertaining to an application for a Conditional Use for a drive-in food
service in the Business B-2 District.
Be it ordained by the governing body of the City of Brookings, South Dakota that said
Conditional Use shall be approved for a drive-in food service on Lots 12, 13, and 14, Block 6,
Original Plat with the following conditions:
None.
All sections and ordinances in conflict herewith are hereby repealed.
First Reading: April 15, 2008
Second Reading:
Published:
CITY OF BROOKINGS
Scott D. Munsterman, Mayor
ATTEST:
Shari L. Thornes, City Clerk
April 29, 2008 City Council Packet
90
Planning Commission
Brookings, South Dakota
April 1, 2008
OFFICIAL MINUTES
Chairperson Greg Fargen called the regular meeting of the City Planning Commission to
order on April 1, 2008 at 7:00 PM in the Council Chamber at City Hall. Members present were
David Kurtz, Curt Ness, Al Gregg, John Gustafson, Larry Fjeldos, Mike Cameron, and Fargen.
Stacey Howlett and Al Heuton were absent. Also present were Dick Fergen, John Moriarty,
Robb Rasmussen, Doris Roden, Calista Crooks, Doug O’Neill, Mike McClemans, City Engineer
Jackie Lanning, City Planner Dan Hanson, and others.
Item #5 – Dick Fergen has submitted an application for a conditional use to establish a drive-in
food service in the Business B-1 District on Lots 12, 13, and 14, Block 6, Original Plat
(Ness/Kurtz) Motion to approve the conditional use. Kurtz, Gustafson, and Ness voted
aye. Gregg, Fjeldos, Cameron, and Fargen voted no. MOTION FAILED.
SUMMARY OF DISCUSSION
Item #5 – Dick Fergen stated he was proposing a drive-up food service. He understood safety
was a major concern and felt he had addressed all the major issues. The plan had a speed bump
in the private lot. A low wall at the end of the drive-up lane would prevent vehicles from
reaching the sidewalk. The exit would have a stop sign with lights attached that would alert
pedestrians that a vehicle was approaching. A "right turn only" sign would be in the boulevard
area. The driveway through the downtown sidewalk would have pavement markings and ramps
from the driveway leading to the sidewalk on both sides.
Ness asked Fergen what differences there were between the streetscape plan and his
plan. Fergen responded that two trees in the sidewalk area could not be planted due to the
driveway location. Ness asked how many on-street parking spaces would be eliminated. Hanson
replied four (4). Fergen remarked that 13 parking spaces would be lost near each intersection
with the new streetscape plan.
Fargen inquired about the lane dividers. Fergen stated one was raised, and one was level.
Kurtz felt the lanes could be reduced in width to gain a wider sidewalk along the north wall of
the neighboring building.
Cameron noted that curbing was proposed through the sidewalk area. Lanning stated
that, except for industrial uses, sidewalks are required to be continuous through driveways.
Fergen’s plan had ramps with truncated domes leading to an asphalt surface. Cameron felt the
plan favored motorists and would be detrimental to pedestrian traffic. Kurtz commented that
the city could regulate the actual design in the right-of-way.
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John Moriarty and Robb Rasmussen, neighboring property owners, supported the
application. Doris Roden, Downtown Business, Inc. Director, referred to a letter from the DBI
Design Committee that opposed the application. Reasons included sight angles reduced due to
zero (0) foot setback of adjacent buildings, cars entering the street at mid-block, and stacked
cars in drive-up could create stacking into alley and 5th Street. She felt that historic district
preservation could be jeopardized and several cities she researched had prohibited drive-in
food services in their downtown. She added that downtown street closures occurred from
time to time. She did not believe that the streetscape plan eliminated as many parking spaces as
previously mentioned.
Roden felt the best alternative was to build a new building or leave it as green space.
The commercial area was compact, and the proposal was incompatible with other businesses.
Calista Crooks of Bloomin’ Villa opposed the request because the streetscape plan was
geared toward pedestrian traffic. The mid-block driveway was adverse to the plan and potential
congestion in the alley was a major concern. The alley was one-way north to south and
deliveries could be difficult.
Kurtz felt the proposal met the standards. He thought traffic would be moving slowly
through the sidewalk area. He compared this request to driveways that were common along
Main Avenue years ago when auto dealers and implement dealers had businesses downtown.
He did not recall any issues between pedestrians and cars.
Cameron pointed out that the Traffic Safety Committee’s recommendation was that the
application not be approved. Therefore, not all standards had been met.
Fjeldos said the important issue to consider was if this were a proper land use. He had
to also consider the public’s health, safety, and welfare. He added that the stacking of cars over
a sidewalk was a concern. He felt the Traffic Safety Committee’s recommendation should be
considered. He noted that the replacement of stop lights with stop signs will reduce the gap in
traffic, and exiting motorists could get impatient. He pointed out that the third lane would
allow someone to drive through the lot onto Main Avenue.
Kurtz did not feel blocking the alley was of great concern since it was blocked now
whenever a vehicle stopped.
April 29, 2008 City Council Packet
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Ordinances – 2nd Readings / Public Hearings
9. Ordinance No. 16-08: Action on an application for an
amendment to a conditional use to establish four (4)
additional dwelling units in an apartment on a portion of
Lot 18, and Lot 19, except the W85 feet of Lot 19,
College Addition (649 Faculty Drive).
Applicant: Douglas and Mary O’Neill
Proposal: Increase the units in an apartment building from six to 10.
Background: The College Addition was platted in 1953. The addition consisted of 25
lots. Covenants in place at the time allowed Lots 19 and 20 to be developed for multiple
housing. The owners of the College Addition had a Faculty Housing Company that
constructed a four (4) unit apartment on Lot 19 in 1955.
Based on the 1966 Comprehensive Plan, the College Addition was given a Residence R-
2 District classification. This district allowed apartments by special exception
(conditional use). Therefore, an expansion would also require a conditional use.
In 2004, the applicant received permission to expand the original apartment into a 6-
plex. This involved two 3-bedroom units. The required parking on site increased to 12.
Specifics: The proposed addition will have four (4) units, each containing two (2)
bedrooms. This will require an additional 12 parking spaces. The required parking on
the lot will be 24 with this proposal.
The applicant also owns the adjacent duplex to the south (655 Faculty Drive). The
proposal includes transferring the back portion of this lot to 649 Faculty Drive. The land
remaining would still be required to meet the minimum lot area, yard areas, and parking
for the duplex.
The combined area for the 10-plex would be approximately 35,700 square feet. The
maximum density allowed in the R-2 District for this lot would be 15 units.
The parking lot layout includes a variety of parking types (90 degree, angled, and
parallel). All appear to meet parking design standards except for the space near the
southeast corner of 655 Faculty Drive. This space or the southern most parallel space
could be eliminated to increase functionality. The five (5) new spaces proposed along
the west side of the lot near the sidewalk would not be permitted without a variance.
The acceptable number of spaces on the lot would be 25 with this plan.
Landscaping regulations would be met with the open area west of the original 4-plex.
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Adjacent uses include an apartment to the west, a duplex to the south, married student
housing to the north and a commercial district to the east.
Recommendation: The Planning Commission voted 6 yes and 1 no to
recommend approval of the Conditional Use.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
City Manager Recommendation - Approve
April 29, 2008 City Council Packet
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Ordinance No. 16-08
An Ordinance pertaining to an application for an amended Conditional Use for an
apartment with 10 units in then Residence R-2 District.
Be it ordained by the governing body of the City of Brookings, South Dakota that said
Conditional Use shall be approved for an apartment with 10 units on a portion of Lots 18 and
Lot 19, except the W85’ of Lot 19, College Addition with the following conditions:
None.
All sections and ordinances in conflict herewith are hereby repealed.
First Reading: April 15, 2008
Second Reading: April 29, 2008
Published: May 2, 2008
CITY OF BROOKINGS
Scott D. Munsterman, Mayor
ATTEST:
Shari L. Thornes, City Clerk
April 29, 2008 City Council Packet
111
Planning Commission
Brookings, South Dakota
April 1, 2008
OFFICIAL MINUTES
Chairperson Greg Fargen called the regular meeting of the City Planning Commission to
order on April 1, 2008 at 7:00 PM in the Council Chamber at City Hall. Members present were
David Kurtz, Curt Ness, Al Gregg, John Gustafson, Larry Fjeldos, Mike Cameron, and Fargen.
Stacey Howlett and Al Heuton were absent. Also present were Dick Fergen, John Moriarty,
Robb Rasmussen, Doris Roden, Calista Crooks, Doug O’Neill, Mike McClemans, City Engineer
Jackie Lanning, City Planner Dan Hanson, and others.
Item #6 – Douglas and Mary O’Neill have submitted an application for a conditional use to add
four (4) dwelling units in an apartment on a portion of Lot 18 and Lot 19, except the W85’ of
Lot 19, College Addition
(Cameron/Mess) Motion to approve the conditional use. Gregg, Fjeldos, Cameron,
Kurtz, Ness, and Fargen noted aye. Gustafson voted no. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #6 – O’Neill was present to answer any questions. Cameron asked if modifications to the
plan were considered. Hanson responded that one parallel parking space should be eliminated
to improve the spacing in the rear. He also noted that the proposed parking spaces along the
front lot line would not be permitted by right.
Gustafson asked about changes to the legal description. O’Neill responded that the
property would be replatted. Gregg inquired about adequate parking. Hanson replied that the
minimum parking requirements were met according to the site plan. Fargen asked what the
maximum density allowance was for this lot. Hanson answered 15 units.
April 29, 2008 City Council Packet
118
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.
Unit Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
April 29, 2008 City Council Packet
119
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 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.
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120
***The sideyard will be required to be increased to 10 feet when the building is 3 or more stories in
height.
Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing
homes or other similar group quarters where no facilities are provided in individual rooms.
(g) Accessory Uses. Accessory uses and building permitted in the R-2 District are buildings and uses
customarily incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the R-2 District shall be in conformance
with the regulations set forth in division 4 of article VI.
(i) Sign Regulations. Signs within the R-2 District shall be in conformance with the regulations set forth
in division 5 of article VI.
(j) Other Regulations. Development within the R-2 District shall be in conformance with the
regulations set forth in article II.
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121
Ordinances – 2nd Readings / Public Hearings
10. Ordinance No. 17-08: Action on amendments to the sign
ordinance pertaining to electronic message signs.
Background: Zoning amendments pertaining to electronic message display
characteristics of signs were tabled at the January meeting. A committee involving city
staff, interested citizens, and members from the Planning Commission, Brookings
Historic Preservation Committee, and Downtown Business Inc. discussed substituting
the Design Review District concept with amendments within the sign regulation section
of the zoning ordinance.
Specifics: Table 5 of Division 5, Signs, was modified to include regulations for portable
signs with electronic message display (EMD) capabilities and prohibit permanent signs
with EMD capabilities in the historic downtown, central and university residential
historic districts, on individually listed historic places and within 150 feet of the
residential historic districts and historic places.
Other changes including an expanded definition for an EMD, sign design
requirements, a distinction regarding LED illumination and a size restriction for other
institutional uses are also part of the amendments.
Excerpt: The Brookings Historic Preservation Commission met on March 20th and
made the following recommendation to the Planning Commission: ACTION: A motion
was made by Powers, seconded by Bibby, to support the proposed ordinance revision with the
following change to substitute the word “animated” for “EMD” and to submit to the Planning
Commission for approval. All present voted yes; motion carried.
A letter from the DBI is also attached.
Recommendation: The Planning Commission voted 5 yes and 0 no to recommend
approval of the amendments.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
City Manager Recommendation - Approve
April 29, 2008 City Council Packet
122
ORDINANCE NO. 17-08
An ordinance amending the zoning ordinance of the City of Brookings pertaining to
electronic message display signs for the purposes of administration of the zoning ordinance
Be it ordained and enacted by the governing body of the City of Brookings, South Dakota: that Chapter
94, Division 5, Signs, shall be amended as follows:
Section 94-461
Electronic Message Display – A sign capable of displaying words, symbols, figures or
images that can be electronically or mechanically changed by remote or automatic
means. Characteristics are defined as follows:
a. Dissolve – a mode of message transition on an electronic message display
accomplished by varying the light intensity or pattern, where the first message
gradually appears to dissipate and lose legibility simultaneously with the gradual
appearance and legibility of the second message.
b. Fade - a mode of message transition on an electronic message display
accomplished by varying the light intensity or pattern, where the first message
gradually reduces in intensity to the point of not being legible and the
subsequent message gradually increases in intensity to the point of legibility.
c. Frame – a complete, static display screen on an electronic message display
d. Frame effect – a visual effect on an electronic message display applied to a single
frame to attract the attention of viewers.
e. Scroll – a mode of message transition on an electronic message display where
the message appears to move vertically across the display surface
f. Transition – a visual effect used on an electronic message display to change from
one message to another.
g. Travel – a mode of message transition on an electronic message display where
the message appears to move horizontally across the display surface
Section 94-469
1) All signs with electronic message display capabilities shall have internal ambient
light monitors installed that automatically adjust the brightness level.
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123
SECTION 94-473
TABLE 5
PERMITTED SIGN CHARACTERISTICS BY ZONING DISTRICT
CHARACTERISTIC FW A ALL
R’S RB-4 B-1 B-2 B-2A B-3 B-4 ALL
I’S INS (a)
Electronic
Message display-
EMD (b)
N N N P P(c) P P P P P P(d)
Changeable Copy N N N P P P N P P P P
Illumination, Internal N N N P P(f) P P P P P P(e)
Illumination, External P P N P P(f) P P P P P P(e)
Illumination, Surface
lighted (e) N N N N P(f) P N P P N N
Neon N N N N P(f) P N P P N N
Non-Illuminated P P P P P P P P P P P
Reflective P P N N P P N P P N N
P=Permitted N=Not allowed
This column does not represent a zoning district. It applies to institutional uses permitted in residential
districts. Such uses may include, but are not necessarily limited to churches, schools, apartment
complexes, retirement homes, funeral homes, libraries, fraternities and sororities.
b) This characteristic shall not include stationary LED illumination. LED illumination shall be
considered as internal illumination.
Portable signs with EMD capabilities shall be permitted in the A, RB-4, B-1, B-2, B-2A, B-3, B-4, B-5, I-
1, I-1R and I-2 District subject to the regulations in Section 94-470(e) and shall be permitted for any
institutional use in conjunction with special events and public services for a period not to exceed 7
consecutive days nor more than 30 cumulative days within a calendar year.
c) Signs with EMD capabilities shall be regulated as follows:
No sign with EMD capabilities, other than a portable sign, shall be permitted in the Brookings
Historic Commercial District within the Business B-1 District as depicted in the 1999 Historic
Preservation Plan or any amendments thereto on the following parcels:
• East 1/2, Fourth Railroad Addition
• W100’ of lots 1 and 2; W80’of lot 3, Block 1, Original Plat Addition
• Lots 1-14, Block 2, Original Plat Addition
• Lots 1-17 and lot A and the N15’ of the E93’ of lot 18, Block 3, Original Plat Addition
• E119’ of lot 1, all of lots 2-14, Block 6, Original Plat Addition
• Lots 1-13 and the W81.5’ of lot 14, Block 7, Original Plat Addition
• Lot D, Railroad Addition
• Lots 8, 9, and 10, Block 13, Second Addition
• S5’ of lot 7, all of lots 8-14, Block 14, Second Addition
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• E 1/2, Temple Block Addition
d) Signs with EMD capabilities shall be regulated as follows:
1. Only institutional uses such as churches, libraries and schools shall be allowed signs with EMD
capabilities subject to other restrictions as stated in this section.
2. No sign with EMD capabilities, other than a portable sign, shall be permitted for any
institutional use in the Central Residential Historic District and University Residential Historic
District nor for any institutional use within 150 feet of either districts boundary as depicted in
the 1999 Historic Preservation Plan or any amendments thereto.
3. No sign with EMD capabilities, other than a portable sign, shall be permitted for any
institutional use within 150 feet of an individually listed property on the National Register of
Historic Places as depicted in the 1999 Historic Preservation Plan or any amendments thereto.
4. Institutional uses not regulated by subsections 2 and 3 above shall be limited to one sign with a
maximum size of 24 square feet.
e) No direct light or significant glare from the sign shall be cast onto any adjacent lot that is zoned and
used for residential purposes.
f) Any lighting involving motion or the appearance of motion shall be prohibited.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: April 15, 2008
SECOND READING: April 29, 2008
PUBLISHED: May 2, 2008
CITY OF BROOKINGS, SD
Scott D. Munsterman, Mayor
ATTEST:
Shari Thornes, City Clerk
April 29, 2008 City Council Packet
125
Planning Commission
Brookings, South Dakota
April 1, 2008
OFFICIAL MINUTES
Chairperson Greg Fargen called the regular meeting of the City Planning Commission to order
on April 1, 2008 at 7:00 PM in the Council Chamber at City Hall. Members present were David Kurtz,
Curt Ness, Al Gregg, John Gustafson, Larry Fjeldos, Mike Cameron, and Fargen. Stacey Howlett and Al
Heuton were absent. Also present were Dick Fergen, John Moriarty, Robb Rasmussen, Doris Roden,
Calista Crooks, Doug O’Neill, Mike McClemans, City Engineer Jackie Lanning, City Planner Dan Hanson,
and others.
Item #7- The City of Brookings has submitted amendments to the Zoning Ordinance pertaining to
electronic message display signs.
(Cameron/Gustafson) Motion to take the question from the table. All present voted aye. MOTION
CARRIED.
(Kurtz/Ness) Amendment to the motion to delete subsection (c) of Table 5. Kurtz and Ness voted aye.
Gregg, Fjeldos, Cameron, Gustafson, and Fargen voted no. MOTION FAILED.
The motion was voted on. Gregg, Fjeldos, Cameron, Gustafson, and Fargen voted aye. Kurtz and Ness
voted no. MOTION CARRIED.
Item #7 – Hanson explained that the revised ordinance focused on changes to Table 5 of the ordinance
versus creating a design review district. The changes prohibited EMD signs in the historic part of
downtown, the central, and university residential historic districts and within 150 feet of these districts
or any individually listed historic place.
Doris Roden stated that the DBI supported the ordinance.
Cameron and Ness supported leaving the “EMD” term in the ordinance and not replacing it with
“animated”. Kurtz opposed the ordinance and did not see that a problem existed. He felt EMD signs
should not be banned downtown. Roden remarked that her survey did show that a majority of business
owners favored eliminating the signs.
Fjeldos agreed with the conceptual idea of the amendments but felt the issues were complicated, and
the amendments may not be the best solution. He felt that technology will advance to where the sign
ordinance would have to be reviewed again in a few years. Fargen remarked that the amendments may
not create a perfect ordinance, but progress was made. He felt input from other citizens was critical.
April 29, 2008 City Council Packet
131
Other Business
11. (TABLED on 4/11/08) Action on Resolution No. 29-08, a
Resolution authorizing the City Manager to enter into a
liquor operating agreement with BraVo’s on a temporary
basis until new restaurant licenses are issued.
April 23, 2008
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Issuance of final unrestricted liquor license
At your last meeting, you tabled action on issuing the last remaining liquor license until
additional questions can be answered relative to the possibility of a “leased” space convention
event license as a means of accommodating the Shamrock until such time as they are eligible
under both state law and local ordinance, for a restricted restaurant license.
The two questions seemed to be the following:
1) Can more than one event license occur on the same day?
2) Does issuing such licenses create a “precedent” for future requests of such
establishments to want to serve liquor?
The answer to the first question is very objective and unequivocal. The answer is yes, that
more than one event license can be held in the community on the same day. The answer to
the second question is much more subjective and depends upon your individual concerns over
setting precedents, and whether or not it is good public policy to issue event licenses on a
regular basis instead of an irregular basis like we are considering for the Shamrock.
I have already been contacted by another event establishment in the community about getting a
“leased” convention hall license for liquor so the “precedent” issue is already starting to play
out.
In considering which establishment to issue the remaining unrestricted license, consider the
following facts. First, you set in motion a competitive process whereby three applicants are
competing for one liquor license. In that scenario, there can be only one winner and two losers
on the issue. Each applicant knew the odds when they decided to enter this process. Second,
each applicant began their business venture without the ability to serve liquor; only beer and
wine was available to them. Their comments about “losing business” because they do not have
a liquor license is disingenuous because they cannot lose what they never had. Third, we gave
strong indication to one applicant at the March 25 meeting they (BraVo’s) would be awarded
the license; and we gave equally strong indication to another applicant (Shamrock) the City
quite possibly had an option(s) that would suffice until they were eligible for a restricted license.
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I believe you should uphold the intent of issuing the license to BraVo’s. Legal research efforts
have continued to creatively seek an acceptable option for Shamrock. The Council has clearly
demonstrated efforts to make this a win-win situation for everyone.
Recommendations:
I recommend you remove this issue from the table for continued discussion and award a
temporary operating agreement to BraVo’s for the last remaining unrestricted liquor license.
The license would be returned to the City for re-issuance when BraVo’s would be eligible, and
would receive, one of the new restricted restaurant licenses.
Second, I would further recommend you award a “leased” convention hall event license to the
Shamrock only if you are not concerned about precedent issues and are prepared to respond
to future, similar requests. Since issuing such licenses are totally discretionary with the Council,
you can reject the precedent issue and justify denials of future inquires based on the fact the
Shamrock was a unique situation to bridge them to a date when they would be eligible for a
permanent license. If you are concerned about the precedent issue, you should reject the
“leased” convention hall license for the Shamrock. Again, the Shamrock knew when they
entered this process what the odds were, that they may not be successful, and they are no
worse off than when they started this process.
Third, I would further recommend, if you adopt my first recommendation, that the returned
BraVo’s license be awarded to Shenanigan’s later this year since they are not likely to qualify for
the restricted restaurant license. I would advise against re-opening the competitive process for
this remaining license only because there is such a short time from the last time you accepted
applications to this fall.
Fourth, I would recommend you award the new restricted restaurant licenses to the Shamrock
and BraVo’s once state law and local ordinances are in place. Since several bar establishments
were represented at the last meeting and were primarily interested in the crafting of our local
ordinance regarding the new restricted licenses, I suggest we allow the City Attorney to finish
his work and consider this issue separately from awarding the last unrestricted license. The
process is not well-served by confusing the two.
Action: MOTION TO REMOVE FROM TABLE
Action: Motion to approve, Request Public Comment, Roll Call
April 29, 2008 City Council Packet
133
Resolution No. 29-08
BraVo’s Inc. Operating Agreement
BE IT RESOLVED by the City of Brookings, South Dakota, that the City Council hereby
approves an Operating Liquor Management Agreement between the City of Brookings and
BraVo’s Inc. for the purpose of a liquor manager to operate the on-sale establishment or
business for and on behalf of the City of Brookings at 610 Medary Avenue, also known as
BraVo’s.
BE IT FURTHER RESOLVED that the City Manager be authorized to execute the
Agreement on behalf of the City, which shall be for a temporary period until the City is legally
able to issue On-Sale Licenses for Full-Service Restaurants (Full-Service Restaurant Licenses).
Passed and approved this 29th day of April 2008.
CITY OF BROOKINGS
Scott D. Munsterman, Mayor
ATTEST:
Shari Thornes, City Clerk
April 29, 2008 City Council Packet
134
TEMPORARY LIQUOR OPERATING AGREEMENT
BraVo’s, Inc.
THIS AGREEMENT made and entered into by and between the CITY OF BROOKINGS, a
municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and
BraVo’s, Inc., (dba BraVo’s), Kip and Michelle Pharis, owners, hereinafter referred to as the
“Manager”.
WITNESSETH:
WHEREAS, the City has been issued an on-sale alcoholic beverage license and is
engaged in the sale of alcoholic beverages, and
WHEREAS, the City desires to enter into a temporary operating agreement on a limited
basis with the Manager for the purpose of operating an on-sale establishment or business for
and on behalf of the City pursuant to law for a temporary period until the City is legally able to
issue On-Sale Licenses for Full-Service Restaurants (Full-Service Restaurant Licenses). This
Agreement is effective on the date of execution of this Agreement and ends upon thirty (30)
days notice by City to Manager, but in any event, ending no later than the earliest date the City
is legally able to issue Full-Service Restaurant Licenses under the 2008 Full-Service Restaurant
On-Sale legislation (2008 legislation), and
WHEREAS, the Manager has offered to have facilities in which to temporarily operate
said on-sale establishment solely upon the premises hereinafter described.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
I.
This Agreement is made and entered into on a temporary and limited basis between the
parties hereto to allow the Manager to operate a retail on-sale premises, pursuant to and in
accordance with all of the terms and conditions of this Agreement in accordance with all State
laws and City Ordinances now in effect and as may be enacted in the future.
II.
The Manager shall be individually responsible for all operating expenses of said on-sale
establishment, including but not limited to utilities, taxes, insurance and license fees, if any.
The Manager shall furnish all equipment and fixtures necessary to operate the
establishment.
III.
The on-sale establishment shall be located upon real estate in the City of Brookings,
South Dakota, described as:
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135
Lots Three (3), Four (4) and Five (5) in Block One (1) of Randi
Peterson’s Addition to the City of Brookings, County of Brookings,
State of South Dakota.
IV.
The Manager shall dispense only alcoholic beverages supplied by the Municipal off-sale
establishment.
V.
The Manager understands and agrees that the term of this Temporary Operating
Agreement is of limited duration because this Temporary Operating Agreement is intended to
be used by the Manager (Bravo’s, Inc.) only during the period the City desires to use this
Operating Agreement on a temporary basis or until it issues this Operating Agreement for the
usual 5 year duration, whichever the case may be. This Agreement shall terminate upon thirty
(30) days notice by City to the Manager and no later than the earliest date the City is able to
issue Full-Service Restaurant Licenses under the newly enacted 2008 legislation.
VI.
Either the Manager or the City may terminate this Agreement without cause upon ninety (90)
days written notice served by either party upon the other. The City reserves the right to
immediately suspend or revoke this Agreement without ninety (90) days written notice for
alcohol related violations in accordance with the provisions of Resolution No. 25-88 or any
amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal
off-sale establishment to be sold on the premises of Manager.
VII.
The Manager shall receive as full compensation for its services rendered, the net profit from the
on-sale establishment under its management, and the sole profit to be derived by the City shall be
the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the
Manager for the purposes of resale on the premises as above described.
VIII.
The Manager shall pay to the City for all alcoholic beverages sold by the City to the Manager for
resale on the above-described premises, the actual cost of distilled spirits and wine supplied by
the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for
all malt beverages sold by the City to the Manager for resale on the above-described premises,
the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost
shall include cost price and transportation charges. The markup percentages provided in this
Agreement are subject to change by the City of Brookings. In the event markup percentages are
changed by Ordinance, then the markup percentages provided by City Ordinance shall supercede
April 29, 2008 City Council Packet
136
the markup percentages provided herein. The Manager further agrees that if either of the
markup percentages shall be increased at any time by the City, the Manager shall pay the markup
as so increased.
IX.
A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied
to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by
prenumbered invoices prepared in triplicate showing the date, quantity, brand, size and actual
cost of such item, and such invoice shall bear the signature of the authorized representative of
the on-sale Manager or its authorized representative. One copy thereof shall be retained by the
Municipal off-sale establishment, one copy shall be retained by the on-sale establishment, and one
copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made
available for reference and audit purposes. The Manager also agrees to maintain a complete
record of all alcoholic beverages received from the City.
X.
In consideration of the covenants and agreements herein contained, the Manager agrees
to pay to the CITY OF BROOKINGS, on the date of execution of this Agreement, for the initial
period of this Agreement and through September 1, 2008, a pro-rated portion of the Annual
License Fee of One Thousand Five Hundred and no/100 Dollars ($1,500.00), with the pro-ration
computed based upon the period April 15, 2008 through September 1, 2008. On or before
January 1, 2009, if this Agreement is still in effect, the Manager agrees to pay to the CITY OF
BROOKINGS the Annual License Fee of One Thousand Five Hundred and no/100 Dollars
($1,500.00) and further agrees to pay said Annual License Fee by the first day of each year
thereafter, as long as this Agreement shall remain in force and effect. The Manager further agrees
that if the annual fee shall be increased at any time by the City or legislature, the Manager shall
pay the amount of any such increase. If the Managers payments of the Annual License Fee exceed
the correct pro-rated portion of the amount of Annual License Fee actually payable for the
duration of this Agreement (and the duration is presently uncertain) then the City shall reimburse
the amount of Annual License Fee which exceeds the correct pro-rated amount for the period
this Agreement is actually in effect.
In addition, the Manager agrees to pay the federal stamp fee.
XI.
The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager
further agrees to operate said on-sale establishment only on such days and at such hours as
permitted by state law and city ordinances.
XII.
The Manager shall have the right to return, at any time, alcoholic beverages received from the
City and to receive in return any deposit made for such alcoholic beverages; in the event of
termination of the business, all unused alcoholic beverages, which may be resold without discount
April 29, 2008 City Council Packet
137
may be returned to the City and the Manager shall be reimbursed for the cost of such alcoholic
beverages.
XIII.
The Manager agrees to abide by the credit policies of the City and acknowledges, by execution of
this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to
change or terminate its credit policies at any time, but shall be required to provide written notice
to Manager prior to the effective date of the change or termination date of the credit policies.
XIV.
The Manager agrees to furnish the City upon demand, evidence of payment of the following:
A. All salaries of on-sale employees;
B. Social Security and withholding taxes on said employees;
C. Worker’s Compensation insurance premiums covering said employees;
D. Unemployment taxes on the payrolls of said employees;
E. General liability insurance protecting both the City and Manager against claims for
injury or damages to persons or property, said policy to have general liability limits of
at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million
Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars
($50,000.00) for damage to property. The general liability insurance limits are subject
to change and Manager agrees to change limits of insurance if required by the City;
F. Rent and utility bills;
G. Any and all miscellaneous expenses, including taxes.
XV.
The Manager agrees to observe all Federal and State laws and all ordinances of the City of
Brookings.
XVI.
The City covenants and agrees to furnish the on-sale license to Manager pursuant to the terms
and conditions of this Operating Agreement and the terms and conditions of the on-sale license.
XVII.
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138
The City shall have the right to make inspections and investigations of the premises during the
hours of operation, and make audits and examinations of the records of the Manager relating to
the on-sale establishment.
XVIII.
It is further specifically understood and agreed that the waiver of the rights of the City under this
Agreement shall not constitute a continuous waiver, and any violation or breach of the terms of
this agreement by the Manager shall constitute a separate and distinct offense and grounds for
immediate termination and revocation of this Agreement.
XIV.
This agreement shall not be assignable to another person or location without the written consent
of the City.
IN WITNESS WHEREOF, the parties hereto have executed this agreement this ____ day of
April, 2008.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
Jeffrey W. Weldon, City Manager
ATTEST:
Shari Thornes, Brookings City Clerk
BRAVO’S, INC., MANAGER
By:
Its:
April 29, 2008 City Council Packet
139
Other Business
12. Discussion and possible action to enter into a lease agreement
with the Shamrock as a convention facility.
April 24, 2008
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Proposed lease for convention event facility; Shamrock
Attached is a proposed lease for the Shamrock Banquet facility which effectively allows them to
be eligible for a convention event license only for pre-scheduled events. The document has
been prepared by City Attorney Steve Britzman and is the same as the last meeting. Also
attached is the explanation of the topic from the last meeting.
If you decide to approve this lease, the next step would be to adopt a resolution pursuant to
city ordinance for such licenses which designates the specific dates the Shamrock wishes to use
this license. That would occur at the May 13 meeting and include a public hearing. Following
that, paperwork needs to be approved by the State before Shamrock could actually use the
lease for an event. If the Shamrock wishes to use this license for events to be scheduled in the
future, the Council, again pursuant to ordinance, will need to approve each date so no event
can be held until the Council gives prior approval.
As mentioned in the accompanying memo, this procedurally and legally has been approved by
the State. Your policy consideration is whether or not to approve this type of license needs to
consider precedent balanced with the desire to accommodate the Shamrock. There appears to
be no other means by which the Shamrock is eligible to sell liquor prior to being issued a
restricted liquor license under the new law that will not be effective until later this year.
Motion to approve, Request Public Comment, Roll Call
April 29, 2008 City Council Packet
140
LEASE AGREEMENT
_________________
THIS LEASE AGREEMENT is made and entered into by and between Bailey’s Shamrock,
LLC of Brookings, South Dakota, Lessor, hereinafter referred to as "the Shamrock", and the
City of Brookings, South Dakota, a municipal corporation, Lessee, hereinafter referred to as
the "City".
WHEREAS, the City agrees to lease the convention facilities of Bailey’s Shamrock, LLC
hereinafter described in order to establish the Shamrock as a public convention center for a
limited period of time in accordance with the terms and conditions set forth herein, and
WHEREAS, Bailey’s Shamrock, LLC has been or will be designated as a public
convention center pursuant to Ordinance Section 6-43 of the City of Brookings, until such time
as the City of Brookings is able to issue Full-Service Restaurant Licenses under the 2008 Full-
Service Restaurant On-Sale legislation (2008 legislation), and
WHEREAS, Bailey’s Shamrock, LLC has the authority to execute this Lease Agreement
and desires to lease its convention facilities to the City for designation of the Shamrock as a
public convention center of the City of Brookings for a period of limited duration, now
therefore,
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS
AND PROMISES, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
1. Lease Agreement
The Shamrock does hereby lease unto City and City does hereby agree to lease and
take from the Shamrock its convention facilities located at 1104 – 22nd Avenue South, Suite 100,
Brookings, South Dakota, according to the terms of this Lease Agreement.
2. Term/Renewal/Rent
This Lease shall begin upon approval by both parties hereto and shall terminate when
the City of Brookings is able to issue Full-Service Restaurant Licenses under the 2008 Full-
Service Restaurant On-Sale legislation (2008 legislation). This Lease shall be effective only
during such times as a temporary convention hall on-sale alcoholic beverage license is approved
and issued to the Shamrock. This Lease shall thereafter not be subject to renewal. In lieu of
rent, the parties agree to perform the mutual covenants contained herein.
3. Use of Premises/Operation of the Shamrock
In addition to such other uses as the Shamrock shall be used in the sole discretion of
the Shamrock, the premises described above shall be used during the term of this Agreement as
a public convention center.
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141
The City agrees that the Shamrock shall continue to operate and manage the Shamrock in
all respects and the City shall have no ownership or financial interest in the facility. Accordingly,
the Shamrock shall retain title, ownership and operational control of the Shamrock and the City
will not acquire title to, any security interest in, obligation to perform or pay any expense, or any
rights of any kind in or to the Shamrock, or any income, receipts or revenues therefrom.
4. City’s Covenants
City makes the following covenant:
1. To designate Bailey’s Shamrock, LLC as a public convention center pursuant to
Ordinance 6-43, thereby permitting Bailey’s Shamrock, LLC to apply for a temporary
convention hall on-sale alcoholic beverage license during the term of this Agreement.
5. Lessor’s Covenants
The Shamrock makes the following covenants:
1. That during such times the Shamrock shall be issued a temporary convention hall
on-sale alcoholic beverage license, its operation shall be in compliance with all applicable
laws, statutes and ordinances of the City of Brookings and State of South Dakota. In
accordance with Brookings Ordinance 6-43, the Shamrock will comply with the
following procedures for use of a temporary on-sale convention hall license.
a. The Shamrock shall provide security for crowd control and sufficient
personnel for security.
b. The Shamrock shall also provide proof of insurance as provided in
Section 5 below.
2. The Shamrock shall be individually responsible for all operating expenses of the
Shamrock, including but not limited to utilities, taxes, insurance and will be entitled to all
profits from the facility. In addition, the Shamrock shall furnish all equipment and
fixtures necessary to operate the facility.
3. The Shamrock shall serve only alcoholic beverages supplied by the Municipal off-sale
establishment.
4. The Shamrock understands and agrees that the City may immediately suspend or
revoke this Agreement without notice for alcohol-related violations.
5. The Shamrock understands and agrees that the City of Brookings shall not be liable
for any personal injury or property damage occurring on the premises or to any
persons thereon, and the Shamrock shall assume all liability for any injury or damages
that may arise from any accident that occurs on the premises and which arises from the
Shamrock’s use of a temporary convention hall license. Further, the Shamrock waives all
claims against the City of Brookings for injury or damage to persons or property
sustained by the Shamrock or any person on the Shamrock’s premises arising from the
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Shamrock’s use of said premises. The Shamrock shall be responsible for maintaining all
liquor and premises liability insurance in a minimum amount of one million dollars
($1,000,000.00) for each occurrence, and two million dollars ($2,000,000.00) aggregate
coverage pertaining to the Shamrock’s use of the temporary convention license upon
the premises, and shall furnish proof of the same to City with the City named as an
additional insured party. Any deviation from the minimums will require prior approval
from the City.
6. That Bailey’s Shamrock, LLC shall hold harmless, indemnify and defend the City of
Brookings, in the absence of the City’s willful misconduct or bad faith, for, from and
against any loss, damage, liability, judgment and expense whatsoever, including
reasonable attorneys’ fees, by reason of, or on account of any matter arising out of this
Agreement.
6. Assignment Prohibited/Mutual Covenants
This Agreement shall not be assignable to another person or location.
It is mutually agreed that the principal objective of this Lease is to establish, for a
temporary period only, a public convention facility in the City of Brookings, and this Lease and
any other agreement between the Shamrock and the City shall be construed in the context of
this objective.
IN WITNESS WHEREOF, the parties have hereto placed their signatures on the day and
date set forth below.
Dated this ___ day of April, 2008. BAILEY’S SHAMROCK, LLC, Lessor
By:
Its: _____________________________
Dated this ___ day of April, 2008. CITY OF BROOKINGS, SOUTH DAKOTA
By:______________________________________
Scott D. Munsterman, Mayor
ATTEST:
__________________________________
Shari Thornes, City Clerk.
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Other Business
13. Discussion and action to approve the Subsidy Policy.
The City Council discussed this issue on October 9, 2007 and made the following
comments.
10/9/07 Minutes – “Draft Policy on City Donations & Subsidies. The Council reviewed
a draft policy on subsidies that would be an amendment to the Governance and Ends Policy if
adopted.
Rita Thompson, City Finance Manager, said she contacted all first class cities to find out what
they provide in subsidies for non-mandated services. She said it is difficult to compare to Sioux
Falls because they contract with other governmental and private providers for many of their
activities. Brookings, Pierre and Yankton are more similar. Watertown has eliminated their
appropriation to the school district in 2008 due to decreasing revenues.
Based on previous years and other cities’ history, Thompson identified up to 4% as a percentage
for annual subsidy funding.
Reed suggested a range for the school district rather than an “up to” statement. There was
consensus to change the language to state: “The City of Brookings may annually appropriate not
less than 13.5% up to 15% of the transfer from the Brookings Municipal Utilities to the
Brookings School District.”
There was also discussion about amending this section to require all documents be submitted.
Britzman noted that not all documents may be applicable to a particular organization. “…General
Guidelines for Subsidies ….” Additional documents that SHALL be required include the
organization’s current expense statement and budget, Board of Directors listing, current Annual
Report, and all other items specified in the City of Brookings Application for Funding.”
Reed suggested clarification in the application section related to the Americans with Disabilities
Act to ensure that all programs and services are accessible, not just new construction facilities.
Reed recommended changing the category of child care/after school programs to be called
“youth development.”
Staff will bring back a revised policy based on these suggestions for further discussion at a work
session.”
The draft policy has been modified per the discussion from last October. Council
discussion and action on the policy is requested at this time in order to meet the budget
schedule deadlines. Application packets will be prepared and sent out to those
requesting city funds with a June 1st deadline.
Motion to approve, Request Public Comment, Roll Call
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City of Brookings
Ends Policy 1, Financial Stability
Establishing what is to be done, for whom, at what cost, and
Executive Limitations to define unacceptable means
Financial Stability – Key Performance Area
Guideline H: Appropriation and Subsidy Policy & Guidelines
Purpose.
The purpose of this policy is to establish guidelines and criteria regarding the allocation and use
of municipal subsidies within the City of Brookings. These guidelines shall be used in
processing and reviewing applications requesting municipal subsidy assistance. Protecting the
financial interest is of the City of Brookings is of the utmost importance, so it is the intent of
the city to provide a minimum amount of municipal subsidies, as well as other incentives that
the City may deem appropriate, for the shortest term required for the project to proceed.
The City reserves the right to approve or reject projects on a case-by-case basis, taking into
account established policies, specific project criteria, and demand on city services in relation to
the potential benefits to be received from a proposed project.
Meeting policy guidelines or other criteria does not guarantee the award of municipal subsidies.
Furthermore, the approval or denial of one project is not intended to set precedent for
approval or denial of another project.
Whenever possible, it is the City’s intent to coordinate the use of municipal services with other
local governing bodies and taxing jurisdictions.
Objective of Municipal Subsidies.
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.
To fulfill this commitment, the Brookings City Council will closely examine its goals and the
goals of its city departments to identify outcomes that will meet the standards as outlined in the
mission statement above.
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The Council also recognizes that its support of programs and services outside the scope of its
city departments may be necessary to fulfill the commitment and achieve the desirable quality of
life for its citizens. As a matter of policy, the City of Brookings will consider using municipal
funds to assist in the following areas, but are not limited to, opportunities in the areas of:
Affordable Housing
Arts & Culture
Child Care & After School Programs Youth Development
Diversity
Economic Development
Education & Literacy
Environment
Government Stewardship
Health
Parks, Recreation & Open Spaces
Partnerships
Preservation/ History
Safety
Transportation/Transit
The Brookings City Council may choose to annually allocate a specified funding amount for a
specific category, regardless of the number of applicants for that particular programming area.
General Guidelines for the Allocation of Municipal Subsidies
The City of Brookings may allocate up to four (4) percent of the annual General Fund
expenditures to subsidize community needs and programs. The City’s current and projected
financial health and stability will be the key deciding factor in determining its ability to provide
funds to outside organizations.
In addition, the Council will consider a number of factors as defined in the City’s Funding
Application when making this decision. A key factor will be the applicant’s ability to provide a
service or outcome that improves the quality of life for the citizens of Brookings. The
applicant must also provide a “but for” analysis which demonstrates the need for public
assistance. Other factors include the applicant’s ability to become self-sustaining, the duration
of the funding commitment, and operating verses capital requests.
Municipal subsidy will not be used for projects that would place extraordinary demands on city
infrastructure and services.
Request for donations or subsidies from individuals, religious or political groups based out of
the City of Brookings will not be considered.
Request for donations or subsidies from qualified organizations outside of the funding timeline
will not be considered.
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General Guidelines for Subsidies
The Brookings City Council evaluates program-funding proposals on an annual basis for funding
in the following calendar year. The City’s fiscal year is January 1 to December 31. Proposals
must be submitted to the City Clerk in accordance with the budget cycle schedule and proposal
format outlined below. Requests may only be made during this period of time. Completed
applications must be received on or before June 1st of each given year.
Following, a review by the City Manager and Finance Manager, the application shall be referred
to the City Council for further consideration during the annual budget meetings.
Organizations applying for a donation or subsidy must submit a completed Application for
Funding along with a detailed description of the project; a preliminary site plan; the amount
requested; the duration of the funding request; the public purpose of the project; verifiable
funding sources and uses; and a “but for” analysis which demonstrates the need for public
assistance. Additional documents that may be required include the organization’s current
expense statement and budget, Board of Directors listing, current Annual Report, and all other
items specified in the City of Brookings Application for Funding.
Budget Hearing Process.
Brookings City Council budget meetings are held in the months of August and September. All
budget meetings are open to the public. Applicants may or may not be invited to make a
presentation on their funding proposal. Applicants are encouraged to attend all budget
meetings to remain informed during the process. Applicants should be prepared to answer
questions based on the application. Final action on the budget occurs at the last Council
meeting in September.
Brookings School District Subsidies
Appropriation of public funds can be set aside for specific purposes which promote the City of
Brookings mission and the local quality of life within the City of Brookings. Brookings Municipal
Utilities transfers funds each year to the General Fund as a means to keep city property taxes
at a low level for the citizens of Brookings. The City of Brookings may annually appropriate
not less than 13.5% up to 15% of the transfer from the Brookings Municipal Utilities to the
Brookings School District.
Economic Development/Promotions Subsidies
A subsidy from the 3rd B Fund shall meet the requirements of the SD State Statute 10-52-8*.
Funds will be appropriated from the 3rd B Fund to entities with the capacity to promote and
advertise the city, its facilities, attractions, and activities. In any fiscal year, the City may require
the unencumbered funds be returned to the City 3rd B Fund.
Subsidy Agreement and Reporting Requirements
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The City of Brookings requires all recipients of municipal funds to enter into appropriate
agreements that identify the reason for the subsidy, the public purpose served by the subsidy,
subsidy payment schedule, final the specific performance measurements to be attained, and final
reporting on outcomes. Failure to provide final reporting of funds and all other required
reports will make applicant ineligible for future subsidies.
The City has established the policy that financial, service and program performance measures
be developed and used as an important component of decision making and incorporated into
governmental budgeting. The City encourages all departments to utilize performance
measures. At a minimum, performance measures should be used to report on the outputs of
each program and should be related to the objectives of each department.
The performance measurements should:
1. Be based on program objectives that tie to the City Council’s goals and program mission or
purpose;
2. Measure program results or accomplishments;
3. Provide for comparisons over time;
4. Measure efficiency and effectiveness;
5. Be reliable, verifiable and understandable;
6. Be reported internally and externally;
7. Be monitored and used in decision-making processes; and
8. Be limited to a number and degree of complexity that can provide an efficient and
meaningful way to assess the effectiveness and efficiency of key programs.
All agreements and reports shall be timely prepared and filed with the City Clerk. Failure to
comply with any of these requirements may result in the revocation of the requested subsidy as
well as fines, repayment requirements, and a determination that the organization is ineligible for
future municipal subsidies for a period of years.
* Applicable State Statute:
10-52-8. Additional tax on lodgings, alcoholic beverages, prepared food, and admissions -- Purposes -- Conformance with state sales and use
tax. Notwithstanding the tax rate limitations of §10-52-2 or 10-52-2.1, any municipality may impose an additional municipal non-ad valorem tax
at the rate of one percent upon the gross receipts of all leases or rentals of hotel, motel, campsites, or other lodging accommodations within
the municipality for periods of less than twenty-eight consecutive days, or sales of alcoholic beverages as defined in §35-1-1, or establishments
where the public is invited to eat, dine, or purchase and carry out prepared food for immediate consumption, or ticket sales or admissions to
places of amusement, athletic, and cultural events, or any combination thereof. The tax shall be levied for the purpose of land acquisition,
architectural fees, construction costs, payments for civic center, auditorium, or athletic facility buildings, including the maintenance, staffing, and
operations of such facilities and the promotion and advertising of the city, its facilities, attractions, and activities. Such taxes shall conform in all
respects to the state sales and use tax on such items with the exception of the rate.
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Other Business
14. Update on retail development.
April 24, 2008
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Discussion regarding a consultant for retail development
Councilmember Ginger Thomson made contact with a consultant who specializes in working
with developers, retailers, and communities to develop outlet malls. This week, we had a
telephone conference with Mayor Munsterman, Councilwoman Thomson, Economic
Development Al Heuton, and me with Mr. Carleton Meyers of Factory Outlet Consultants
based in Virginia. Mr. Meyers had some demographic data on Brookings and visited at length
about the community and his assessment of the proper “fit” for outlet mall retailers and the
Brookings community. His preliminary conclusion, based on his research and our discussion, is
that the Brookings market looks promising and bears further investigation about the feasibility
of having an outlet mall here. The site we considered is the Department of Transportation
property upon which we currently hold a purchase option.
The next step would be to have a site visit by Mr. Meyers. Costs associated with this would be
a $9,000 consulting fee and out-of-pocket expenses for a three-four day visit. Mr. Meyers is
sending references from his past clients and at the time of writing this memo, they have not
arrived. Upon receiving the references, Al and I will make those calls and pass that information
along to you.
This item is on the agenda for information and discussion purposes only and, depending upon
your direction, could be on the agenda for May 13 for any action.
Informational
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15. Adjourn.