HomeMy WebLinkAbout2008_09_09 CC PKTCity Council Packet
September 9, 2008
1
Brookings City Council
Tuesday, September 9, 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. Update by HDR on the Traffic Impact Study for the 34th Avenue Improvement Project.
2. Draft Amendments to “Sunday Sales” Ordinance pertaining to alcohol sales.
3. 6:00 p.m. Meeting Review.
4. Council Invites & Obligations
5. 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. Action to approve the agenda.
B. Approval of City Council minutes.
C. Action on Resolution No. 68-08 - declaring annual surplus items.
D. Action on an Animal Control Agreement with Brookings County.
E. Action to appoint Mayor Munsterman and Deputy Mayor Reed to a BEDC
Community Task Force for a Continuum of Care Plan for the City of Brookings.
Action: Motion to approve, request public comment, roll call
* Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time,
without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed
from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items
means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting
documentation.
Presentations/Reports/Special Requests:
5. Open Forum.
6. SDSU Report.
City Council Packet
September 9, 2008
2
Ordinances – 1st Readings **:
7. Ordinance No. 37-08, an ordinance providing for the sale and consumption of alcoholic
beverages upon property adjoining a licensed premises in the City of Brookings, South
Dakota (Sidewalk Sales).
Public Hearing: September 23rd
8. Ordinance No. 36-08, an ordinance amending and revising various building, property
maintenance and nuisance ordinances of the City of Brookings, South Dakota.
Public Hearing: September 23rd
** 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.
Alcohol Licenses:
9. Action on Resolution No. 69-08, authorizing the City Manager to enter into a Wine
Operating Agreement for Halstead’s Natural Bakery & Restaurant, LLC., 417 Main
Avenue, Zach Halstead, owner.
Action: Motion to approve, request public comment, roll call
10. Action on an on-sale malt license for Halstead’s Natural Bakery & Restaurant, LLC., 417
Main Avenue, Zach Halstead, owner.
Action: Motion to approve, request public comment, roll call
Public Hearings, Second Readings, Ordinances:
11. Ordinance No. 33-08 - 2009 Budget Ordinance, An Ordinance appropriating Monies to
Fund the necessary expenditures and liabilities of the City of Brookings for the 2009
Fiscal Year and providing for the annual tax levy and annual tax for all funds.
Action: Motion to approve, request public comment, roll call
12. Ordinance No. 32-08, Animal Control Amendments – An Ordinance Amending Chapter
14 of the Ordinances of the City of Brookings and pertaining to the Regulation of
Animals in the City of Brookings, South Dakota.
Action: Motion to approve, request public comment, roll call
13. Ordinance No. 34-08, An Ordinance rezoning Lots 3, 4, and 5, Block 1 and Lot 2, Block
2, Telkamp Addition from a Residence R-3 District to a Planned Development District
and for approval of an initial and final development plan.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
14. Ordinance No. 35-08, An Ordinance rezoning Lot 101, Block 1, First Addition from a
Residence R-2 District to a Planned Development District and for approval of an initial
and final development plan
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
September 9, 2008
3
Other Business:
15. Action on a PROJECT PLAN for Tax Increment Plan for Tax Increment District
Number Four (TID #4).
Action: Motion to approve, request public comment, roll call
16. Discussion and possible action regarding Den-Wil Tax Increment Assistance Request.
Action: Motion to approve, request public comment, roll call
17. Executive Session for consulting with legal counsel or reviewing communications from
legal counsel about proposed or pending litigation or contractual matters.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
18. Tabled Resolution No. 67-08 – A Resolution Authorizing the Transfer of Real Property
to Brookings Economic Development Corporation, Inc. for Economic Development
Purposes.
Action: Remove from table, request public comment, roll call
19. Adjourn.
Brookings City Council
Scott Munsterman, Mayor
Tim Reed, Deputy Mayor
Mike Bartley, Council Member
Tom Bezdichek, Council Member
Ryan Brunner, Council Member
Mike McClemans, Council Member
Julie Whaley, Council Member
Council Staff:
Jeffrey W. Weldon, City Manager
Steven Britzman, City Attorney
Shari Thornes, City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday @ 1pm, Thursday @ 7 pm , Friday @ 9 pm and Saturday @ 1 pm
The complete City Council agenda packet is available on the city website: www.cityofbrookings.org
If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with
Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-6281 at least 3 working days prior to
the meeting.
City Council Packet
September 9, 2008
4
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council on items
for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
1. Update by HDR on the Traffic Impact Study for the 34th
Avenue Improvement Project.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
City Engineer Jackie Lanning
RE: Progress report on 34th Avenue Improvement Project
Our engineering consultants from HDR will be here to make a progress report on their
work to-date and update all of on the current status. Attached are some background
documents completed a few weeks ago that they will discuss as part of this
presentation.
By way of background, this item is Goal Number 4 from our adopted Strategic Plan and
involves completing the study by the end of the year. The purpose of the study is to
analyze options for upgrade and expansion of 34th Avenue from 6th Street to 20th Street
with an overpass on the Interstate at 20th and an extension of 20th from 22nd Avenue to
34th. This transportation improvement would greatly enhance commuter traffic
connecting residential neighborhoods on the west to employment centers on the east
while relieving a traffic congestion area at 6th St.
The study will be designed to apply for future funding through the Statewide
Transportation Improvement Program (STIP).
City Council Packet
September 9, 2008
6
Progress Report
Project: Brookings Industrial Park Traffic Impact
Study
Date: 7/28/2008
Project No.: 82580 For Period Of: Project initiation to current date
Report
Number: Invoice
No.:
Project Work Tasks to Date:
The focus of the work from April through July has been on data gathering and future trip
generation. Work items completed include:
• Turning movement counts at major intersections throughout the study area.
• Tube counts at critical sites.
• Inventory intersection geometrics, speed limits, existing land uses and land allocation.
• Develop trip generation characteristics for the existing industrial park businesses.
• Analysis of existing traffic operations using SYNCHRO software.
A summary of the peak hour traffic counts and levels of service are shown in the graphics that
accompany this report. The level of service (LOS) is similar to a letter grade that characterizes
the operations through an intersection. LOS “A” describes good operations with little delay,
while LOS “F” describes poor operations with considerable delay. Note that the level of
service for a signalized intersection is based on the operations of all vehicle movements at that
intersection, while the level of service for a stop-sign controlled intersection is reported based
on the delay to vehicles on the side street.
In addition, travel surveys were completed at Daktronics and other businesses. The survey
procedure worked out with Daktronics involved providing survey forms at four stations on the
Daktronics campus. The stations were maintained over a two-day period that allowed all shifts
to participate. Over 800 employees completed surveys. Survey forms were mailed to other
industrial park businesses during July and an additional group of completed surveys were
received. Results of the Daktronics surveys are summarized on the following page.
Anticipated Work Tasks:
We now have the information necessary to make traffic forecasts for the study area and
evaluate the effects of alternative roadway improvements. We anticipate conducting that work
during the next month and having some preliminary results in September. We are still on track
for project completion by the end of the year and could likely finish ahead of schedule. Project
expenditures are proceeding according to plan and work should be completed within budget.
When we were conducting the travel surveys, many people expressed interest in hearing about
the results of the work that has been completed so far on the study. We could present the
results of our counts and analysis of the existing conditions at a public meeting, if desired by the
study sponsors. A subsequent public meeting would be scheduled to present the results of our
future year analysis and alternative system improvements.
City Council Packet
September 9, 2008
7
DAKTRONICS TRAVEL SURVEY SUMMARY
There were a total of 835 respondents to the travel survey conducted at Daktronics on June 26 and 27,
2008. We have put together the highlights of this survey for your convenience.
• 835 people traced their route to and from work on the map
o 25% (208 people) indicated they entered the travel site on 6th Street (from the west)
o 27% (225 people) indicated they exited the travel site on 6th Street (to the west)
o 88% (738 people) indicated they used the 6th Street interstate crossing either to or from
work. The majority of these people used the overpass BOTH to and from work.
o 16% (135 people) indicated that they carpooled
o 9% (72 people) indicated that they used other modes of transportation
• 826 people responded to the hours worked question
Start Time total % End Time total %
MIDNIGHT-
5:59AM 5 1%
MIDNIGHT-
5:59AM 77 9%
6AM-6:59AM 44 5% 6AM-6:59AM 3 0%
7AM-7:59AM 331 40% 7AM-7:59AM 1 0%
8AM-11:59AM 362 44% 8AM-11:59AM 0 0%
NOON-3:59PM 9 1% NOON-3:59PM 24 3%
4PM-4:59PM 64 8% 4PM-4:59PM 349 42%
5PM-5:59PM 0 0% 5PM-5:59PM 328 40%
6PM-11:59PM 11 1% 6PM-11:59PM 44 5%
826 100% 826 100%
(67) (1) (11)(0) (0) (0)(76) (0) (6)(183) (300) (44)109 0 1350 0 03 0 154 171 37(0)0 0(0) (162)65 22(52) (16)53 6(0)(226)45 28(63)(514)801 428(873) (359)897 315(762) (245)97 260(203)(356)382 220(501)(178)65 14(56) (0)0 0(0) (37)253 62(7)(223)73 166(340)0 0 0130 0 11932 0 592 152 448(0) (0) (0)(140) (0) (31)(397) (1) (70)(218) (328) (193)(90) (26) (103)52 6 53(40) (3) (1)43 12 4(133)58 50(123)(379)766 408(728)(0) (0) (0)(37)30 4(2)(13)17 70(55)0 0 0(210)67 265(108)(5)3 8(2)15 10 69(0)0 0(0)(31) (43) (102)(276)409 269(607)4 3 1(131)550 20(15)(135) (43) (23)(31) (903) (0)12 372 085 0 11(366) (0) (27)(36)84 0(0)(0)0 0(0)(49)55 0(0)38 775 0(61) (647) (0)`(32) (952) (0)5 386 0(16)28 0(0)(0)0 0(0)(27)20 0(0)10 826 0(18) (649) (0)Figure 3 Jul-08EXISTING VOLUMES AND LEVEL OF SERVICEINTERSTATE 29NORTHLEGENDEXISTING LANE GEOMETRY EXISTING SIGNALIZED INTERSECTION EXISTING STOP-CONTROLLED INTERSECTION EXISTING ROADWAYS PROPOSED ROADWAYS77/(234) AM/(PM) VOLUMES, LOS34th Avenue6th StreetC(F)F(F)F(F)E(D)A(B)B(C)32nd AvenueLefevre Drive22nd Avenue25th Avenue6th StreetA(A)3rd StreetA(A)Olwien StreetB(E)
(162) (906) (4)
70 281 40
(151)217 0 (0)
(7)23 0 (0)
(29)24 0 (0)
21 731 67 (360) (511) (0)
(35) (479) (3)106 165 0
(225)368 0 (0)
(0)0 0 (0)
(61)15 0 (0)
50 420 0
(75) (324) (0)
(139) (246) (10)
28 83 1
(60)140 2 (3)
(4)0 3 (2)
(26)16 0 (2)
22 235 0
(25) (170) (0)
(68) (81) (19)
14 58 6
(30)64 18 (15)
(7)14 5 (20)
(7)1 0 (0)
1 95 0
(4) (58) (1)
Figure 2
2008 LANE GEOMETRY
Jul-08
NORTH
LEGEND
EXISTING LANE GEOMETRY
EXISTING STOP-CONTROLLED INTERSECTION
EXISTING SIGNALIZED INTERSECTION
EXISTING ROADWAYS
PROPOSED ROADWAYS
77/(234) AM/(PM) VOLUMES, LOS INTERSTATE 29B
(A)
Orchard Drive
B
(A)8th Street South
12th Street South
32nd Street South
20th Street South
C
(C)
B
(B)
Edgebrook
Golf Course
26th Street South
City Council Packet
September 9, 2008
10
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council on items
for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
2. Draft Amendments to “Sunday Sales” Ordinance
pertaining to alcohol sales.
Pursuant to recent changes in alcohol laws, City Attorney Steve Britzman has prepared
the enclosed amendments to the City’s Sunday Sales Ordinance pertaining to alcohol.
City Council Packet
September 9, 2008
11
ORDINANCE NO. ________________
AN ORDINANCE AMENDING SECTION 6-4 OF THE REVISED ORDINANCES OF
THE CITY OF BROOKINGS AND PERTAINING TO THE SALE OF ALCOHOLIC
BEVERAGES ON SUNDAY IN THE CITY OF BROOKINGS.
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF
BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS:
I.
Sec. 6-4. Sunday sales permitted by the holders of operating agreements light wine
licenses, the municipal off-sale licensee and off-sale malt beverage and certain
other licensees.
(a) Notwithstanding any of the other provisions of this chapter, any holder of an
operating agreement may sell, serve and allow to be consumed on the premises covered by
their operating agreement, alcoholic beverages between the hours of 11:00 a.m. and 12:00
midnight on Sunday with the serving of food where the holder of the operating agreement who
applies for a Sunday sales permit has facilities for the serving of prepared meals from a fixed
restaurant with the simultaneous seating capacity of at least 50 patrons.
(b) Notwithstanding any of the other provisions of this chapter, any owner or
operator of a restaurant which holds a license as an on-sale dealer in wine for Sunday under
SDCL 35-4-2(12) may sell, serve and allow to be consumed on the premises covered by the
license, the beverages permitted by such license, between 12:00 p.m. and 12:00 midnight on
Sunday with the serving of food. The term “restaurant” as used in this section shall mean only a
room regularly and in a bona fide manner used and kept open for the serving of meals to guests
for compensation which has suitable table accommodations for at least 50 guests therein at one
and the same time, and a kitchen connected therewith containing conveniences for cooking
sufficient to provide meals in a bona fide manner for 50 guests at one and the same time.
(c) (b) Notwithstanding any of the other provisions of this chapter, any holder of retail
malt beverage license or on-sale wine license may sell, serve and allow to be consumed on
the premises covered by their license, malt beverages and wine between the hours of 11:00
a.m. and 12:00 midnight on Sunday.
(d) (c) The municipal off-sale licensee and licensed off-sale malt beverage and off-sale
wine retailers may sell and allow to be sold malt beverages and wine on Sunday after 7:00
o’clock a.m. for consumption off the premises where sold.
(d) Notwithstanding any other provisions of this chapter, any holder of a
special off-sale package wine dealers license may sell and allow to be sold wine
City Council Packet
September 9, 2008
12
manufactured by a farm winery that is licensed pursuant to Chapter 35-12 on
Sunday after 7:00 a.m. for consumption off the premises where sold.
(e) Notwithstanding any other provisions of this chapter, any holder of a
special malt beverage retailers’ license and a special retail on-sale wine dealers’
license may sell, serve and allow to be consumed on the premises on Sunday
between the hours of 11:00 a.m. and 12:00 midnight on Sunday for consumption on
the premises where sold.
(f) Except as permitted in this section, no person within the city shall sell, offer for
sale, serve or allow to be consumed on the premises covered by a state license any alcoholic
beverages on Sunday.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING:
SECOND READING:
PUBLISHED:
CITY OF BROOKINGS, SOUTH DAKOTA
Mayor
ATTEST:
City Clerk
City Council Packet
September 9, 2008
13
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. 6:00 p.m. Meeting Review.
1. Call to order.
2. Pledge of Allegiance.
3. City Clerk records council attendance.
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Approval of City Council minutes.
C. Action on Resolution No. 68-08 - declaring annual surplus items.
D. Action on an Animal Control Agreement with Brookings County.
E. Action to appoint Mayor Munsterman and Deputy Mayor Reed to a BEDC Community Task Force for a
Continuum of Care Plan for the City of Brookings.
Action: Motion to approve, request public comment, roll call
Presentations/Reports/Special Requests:
5. Open Forum.
6. SDSU Report.
Ordinances – 1st Readings **:
7. Ordinance No. 37-08, an ordinance providing for the sale and consumption of alcoholic beverages upon property
adjoining a licensed premises in the City of Brookings, South Dakota (Sidewalk Sales).
Public Hearing: September 23rd
8. Ordinance No. 36-08, an ordinance amending and revising various building, property maintenance and nuisance
ordinances of the City of Brookings, South Dakota.
Public Hearing: September 23rd
Alcohol Licenses:
9. Action on Resolution No. 69-08, authorizing the City Manager to enter into a Wine Operating Agreement for
Halstead’s Natural Bakery & Restaurant, LLC., 417 Main Avenue, Zach Halstead, owner.
Action: Motion to approve, request public comment, roll call
10. Action on an on-sale malt license for Halstead’s Natural Bakery & Restaurant, LLC., 417 Main Avenue, Zach Halstead,
owner.
Action: Motion to approve, request public comment, roll call
Public Hearings, Second Readings, Ordinances:
11. Ordinance No. 33-08 - 2009 Budget Ordinance, An Ordinance appropriating Monies to Fund the necessary
expenditures and liabilities of the City of Brookings for the 2009 Fiscal Year and providing for the annual tax levy and
annual tax for all funds.
Action: Motion to approve, request public comment, roll call
12. Ordinance No. 32-08, Animal Control Amendments – An Ordinance Amending Chapter 14 of the Ordinances of the
City of Brookings and pertaining to the Regulation of Animals in the City of Brookings, South Dakota.
Action: Motion to approve, request public comment, roll call
13. Ordinance No. 34-08, An Ordinance rezoning Lots 3, 4, and 5, Block 1 and Lot 2, Block 2, Telkamp Addition from a
Residence R-3 District to a Planned Development District and for approval of an initial and final development plan.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
14. Ordinance No. 35-08, An Ordinance rezoning Lot 101, Block 1, First Addition from a Residence R-2 District to a
Planned Development District and for approval of an initial and final development plan
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business:
15. Action on a PROJECT PLAN for Tax Increment Plan for Tax Increment District Number Four (TID #4).
Action: Motion to approve, request public comment, roll call
16. Discussion and possible action regarding Den-Wil Tax Increment Assistance Request.
Action: Motion to approve, request public comment, roll call
17. Executive Session for consulting with legal counsel or reviewing communications from legal counsel about proposed
or pending litigation or contractual matters.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
18. Tabled Resolution No. 67-08 – A Resolution Authorizing the Transfer of Real Property to Brookings Economic
Development Corporation, Inc. for Economic Development Purposes.
Action: Remove from table, request public comment, roll call
19. Adjourn.
City Council Packet
September 9, 2008
14
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. Council Invites & Obligations.
Sept. 20-24
Dakota Transit
Association
Conference
Best Western Ramkota
Watertown
Sept. 24
Dinner with Delta
Chi Fraternity &
President Chicoine
6:00 p.m.
Delta Chi House
Highway 14 Bypass
Nov. 11-15
National League of
Cities
Congress of Cities
Orlando World Center
Marriott
Orlando, Florida
Nov. 18-19
SD Housing
Conference
Pierre
Ramkota
City Council Packet
September 9, 2008
15
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 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.
City Council Packet
September 9, 2008
16
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. Action to approve the agenda.
B. Approval of City Council minutes.
C. Action on Resolution No. 68-08 - declaring annual surplus items.
D. Action on an Animal Control Agreement with Brookings County.
E. Action to appoint Mayor Munsterman and Deputy Mayor Reed to a BEDC Community Task Force for
a Continuum of Care Plan for the City of Brookings.
Action: Motion to approve, request public comment, roll call
Presentations/Reports/Special Requests:
5. Open Forum.
6. SDSU Report.
Ordinances – 1st Readings **:
7. Ordinance No. 37-08, an ordinance providing for the sale and consumption of alcoholic beverages upon
property adjoining a licensed premises in the City of Brookings, South Dakota (Sidewalk Sales).
Public Hearing: September 23rd
8. Ordinance No. 36-08, an ordinance amending and revising various building, property maintenance and nuisance
ordinances of the City of Brookings, South Dakota.
Public Hearing: September 23rd
Alcohol Licenses:
9. Action on Resolution No. 69-08, authorizing the City Manager to enter into a Wine Operating Agreement for
Halstead’s Natural Bakery & Restaurant, LLC., 417 Main Avenue, Zach Halstead, owner.
Action: Motion to approve, request public comment, roll call
10. Action on an on-sale malt license for Halstead’s Natural Bakery & Restaurant, LLC., 417 Main Avenue, Zach
Halstead, owner.
Action: Motion to approve, request public comment, roll call
Public Hearings, Second Readings, Ordinances:
11. Ordinance No. 33-08 - 2009 Budget Ordinance, An Ordinance appropriating Monies to Fund the necessary
expenditures and liabilities of the City of Brookings for the 2009 Fiscal Year and providing for the annual tax
levy and annual tax for all funds.
Action: Motion to approve, request public comment, roll call
12. Ordinance No. 32-08, Animal Control Amendments – An Ordinance Amending Chapter 14 of the Ordinances
of the City of Brookings and pertaining to the Regulation of Animals in the City of Brookings, South Dakota.
Action: Motion to approve, request public comment, roll call
13. Ordinance No. 34-08, An Ordinance rezoning Lots 3, 4, and 5, Block 1 and Lot 2, Block 2, Telkamp Addition
from a Residence R-3 District to a Planned Development District and for approval of an initial and final
development plan.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
14. Ordinance No. 35-08, An Ordinance rezoning Lot 101, Block 1, First Addition from a Residence R-2 District to
a Planned Development District and for approval of an initial and final development plan
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business:
15. Action on a PROJECT PLAN for Tax Increment Plan for Tax Increment District Number Four (TID #4).
Action: Motion to approve, request public comment, roll call
16. Discussion and possible action regarding Den-Wil Tax Increment Assistance Request.
Action: Motion to approve, request public comment, roll call
17. Executive Session for consulting with legal counsel or reviewing communications from legal counsel about
proposed or pending litigation or contractual matters.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
18. Tabled Resolution No. 67-08 – A Resolution Authorizing the Transfer of Real Property to Brookings Economic
Development Corporation, Inc. for Economic Development Purposes.
Action: Remove from table, request public comment, roll call
19. Adjourn.
City Council Packet
September 9, 2008
17
6:00 P.M. Meeting
CONSENT AGENDA #4
A. Action to approve the agenda.
B. Approval of City Council minutes.
C. Action on Resolution No. 68-08 - declaring annual
surplus items.
D. Action on an Animal Control Agreement with
Brookings County.
E. Action to appoint Mayor Munsterman and Deputy
Mayor Reed to a BEDC Community Task Force for a
Continuum of Care Plan for the City of Brookings.
Action: Motion to approve, request public comment, roll call
City Council Packet
September 9, 2008
18
CONSENT AGENDA #4
4B. Approval of City Council minutes.
Enclosed are the minutes from the August 26, 2008 City Council meeting for review and
approval.
City Council Packet
September 9, 2008
19
Brookings City Council
August 26, 2008
(unapproved)
The Brookings City Council held a meeting on Tuesday, August 26, 2008 at 5:00 p.m., at City
Hall with the following members present: Mayor Scott Munsterman, Council Members Julie
Whaley, Mike Bartley, Ryan Brunner, Tim Reed, and Mike McClemans. Council Member Tom
Bezdichek was absent. City Manager Jeffrey Weldon, City Attorney Steve Britzman, City Clerk
Shari Thornes and Deputy City Clerk Bonnie Foster were also present.
5:00 P.M. WORK SESSION
HB 1269 policy discussion (off-sale malt & off-sale SD farm wines). Jeff Weldon said
there were many changes to the alcohol laws in the 2008 Legislative Session. One of the
changes that can affect the malt beverage renewals is this new type of license. House Bill 1269
created a package off-sale malt and South Dakota Farm winery wine license. The cost is
$175.00 and the entire fee stays with the city, as opposed to the off-sale malt license which
costs $150 and half goes to the state. This license would allow a business to sell off-sale any
type of malt beverage and also sell SD farm winery wines at their place of business. This license
would not allow any other types of wine to be sold off-sale. Some of the current off-sale
license holders may be interested in changing to this type of license. One disadvantage to this
license for licensees is that they can’t have employees under the age of 21 selling the alcohol.
SDCL 35-4-79.1 limits the underage sellers to businesses with just a package off-sale malt
license. Weldon said the Liquor Ad Hoc Committee briefly discussed this new bill at their
August 11th meeting and determined it was policy issue for the full Council.
Steve Britzman noted that this new law deals with only with off-sale “package” sales. It allows
for those who desire to sell SD wines to obtain a license to sell both malt and SD wines. The
only legal requirement that needs to be different is that their employees making the sale must
be 21 or older. He said no action is required by the city to permit these licenses. It’s a new
combination license that is available.
Weldon clarified that under this law convenience stores could sell South Dakota grown wines.
He asked Britzman how it is determined that these are SD grown wines. Britzman said the
businesses would be required to sell wine produced pursuant to chapter in state law that
defines what SD wines would be. It would be incumbent upon the seller to comply with the
SD Dept of Revenue guidelines.
Bartley noted that it could be too restrictive for some of the smaller businesses because of the
age requirements.
HB 1126 policy discussion (on/off sale wine licenses). Weldon said another change in
the alcohol laws from this Legislative Session was House Bill 1126. Effective July 1, 2008, all
former on-sale wine licenses automatically become an on-off sale wine license. All types of
wine can be sold with this license. The State also eliminated the “restaurant” restrictions on
the type of business eligible to receive this license. The hours also change from Noon to
Midnight to 7:00 a.m. to 2:00 a.m. The clerks and wait staff will still have to be 21 years of age
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20
to sell. The Liquor Ad Hoc Committee also discussed this new bill at their August 11th
meeting and determined it was policy issue for the full Council.
Britzman said this law provides changes and updates in five different state statutes. The major
changes would be hours of sale have been extended, restaurant restrictions removed, and off-
sale can be sold. The City’s ordinance for Sunday Sales would require revisions per this new
law.
Bartley felt the city ordinances should be amended to reflect the changes in the state law.
Britzman has already drafted proposed amendments to the Sunday Sales ordinance. He noted
that the Council should also look at other amendments that provide clarification for temporary
sales or licensing.
The Council requested a review of the proposed ordinance at a work session prior to action.
Retirement Benefits Report. Rita Thompson, City Finance Manager, reviewed the
“Postretirement Employee Benefits Study” with the Council. Thompson said under
Government Accounting Standards all government units must recognize this liability. However,
the entities are not mandated to fund the liability. If the OPEB liability is not funded it will
continue to grow. She noted that there are other laws and unions involved. Post retirement
benefits, even if paid 100% by the employee, could impact the City’s insurance rates. The
Hospital’s liability is much less because their employees don’t receive postretirement benefits.
The current liability is $234,000. She said there is no reason to move quickly on this. The
issue is that these funds can’t be set aside in a fund or reserve. New accounting rules require it
be set up like the SD retirement funds. She suggested the SD Municipal League may assist in
setting up and managing the fund.
Weldon asked Thompson to explain the difference between recognizing it as a liability and
funding it. Thompson said funding it would provide an asset to offset the liability. It will have
to be paid some day. Can it be recognized as funded if on a pay-as-you-go plan? No, that’s
what the city does now. She noted that the City’s liability is very small compared to some
states and larger cities. She said it’s not fair to pass on this debt to other generations without
them knowing about it. Thompson clarified that there are three different policies: general,
utilities, and hospital and all have different benefits with different negotiating units. City general
is hirer due to the fact that public safety employees can retire at 45 and then they’re on the
city’s postretirement policy for 20 years before Medicare. The State Department of Legislative
Audit has provided training on how to set up the fund.
Thompson said the governmental body is responsible for the net costs in the long run. At age
55, an employee can retire and stay on the city’s policy paying 50% of the policy until age 65 and
then go on Medicare. The age is 45 for public safety employees. She noted that the City
doesn’t always pay the highest salaries and potential employees look at the City’s benefits when
considering taking a job. The postretirement benefits are a recruiting tool. She commented
that the Council will have to take into consideration that if they take away this benefits how
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many of the City’s trained and qualified employees will retire out before make the change. To
hire and certify all new employees would be very expensive.
Council Member Reed said he was glad that the City was looking at this issue and as a City, we
need to set the standard for everyone else. He noted that too many retirement plans have
been robbed. Brookings needs to get these benefits reflected on the balance sheet as a liability.
There’s not a need to jump in and fund it right away, but the Council will need to take a serious
look at this issue. It’s a promise that’s been made to employees and he doesn’t want to leave
future councils to worry about it.
City of Brookings Quarterly Financial Reports. City of Brookings personnel presented
their Quarterly Financial Reports and responded to questions.
Brookings Municipal Utilities Financial Reports.
Brookings Municipal Utilities personnel presented their Quarterly Financial Reports and
responded to questions. A copy of the presentation is on file with the City Clerk.
(Thornes left the meeting at 6:00 pm and Foster arrived to clerk the meeting).
6:00 P.M. CITY COUNCIL MEETING
Consent Agenda: A motion was made by Brunner, seconded by Whaley to add to the
agenda Item #5A, a special announcement by the City Manager. Agenda was approved as
amended, which included:
A. Action to approve the agenda, as amended.
B. Action to approve the July 22, 2008 City Council minutes.
C. Action to approve the City/County E911 Budget.
D. Action to appoint Orv Smidt to the Brookings Regional Airport Board; term expiring
May 1, 2013.
On the motion, all present voted yes; motion carried.
ADDED 5A. Special Announcement by the City Manager. Weldon reported that
Edgebrook Golf Course was recently named in the 2008-2009 addition of Golf Digest’s Best
Places to Play Golf. The City received a certificate and a congratulatory letter from their
chairman & Editor in Chief, Mr. Jerry Tard. Golf Digest, a premier magazine for golf
enthusiasts, rates nearly 6,000 golf courses in North America and the Islands. The courses
were evaluated on a 5-point scale by approximately 20,000 Golf Digest readers.
First Reading – Ordinance No. 33-08: 2009 Budget. A first reading was held on
Ordinance No. 33-08, an Ordinance appropriating Monies to Fund the necessary expenditures
and liabilities of the City of Brookings for the 2009 Fiscal Year and providing for the annual tax
levy and annual tax for all funds. Public Hearing: September 9, 2008.
First Reading: Ordinance No. 32-08: Animal Control Amendment. A first reading
was held on Ordinance No. 32-08, an Ordinance Amending Chapter 14 of the Ordinances of
the City of Brookings and pertaining to the Regulation of Animals in the City of Brookings,
South Dakota. Public Hearing: September 9, 2008.
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First Reading – Ordinance No. 34-08: Rezoning. A first reading was held on Ordinance
No. 34-08, an Ordinance rezoning Lots 3, 4, and 5, Block 1 and Lot 2, Block 2, Telkamp
Addition from a Residence R-3 District to a Planned Development District and for approval of
an initial and final development plan. Public Hearing: September 9, 2008.
First Reading – Ordinance No. 35-08: Rezoning. A first reading was held on Ordinance
No. 35-08, an Ordinance rezoning Lot 101, Block 1, First Addition from a Residence R-2
District to a Planned Development District and for approval of an initial and final development
plan. Public Hearing: September 9, 2008.
Public Hearing – Ordinance No. 30-08: SB126. A public hearing was held on Ordinance
No. 30-08, an Ordinance establishing procedure for the issuance and regulation of on-sale
licenses for full-service restaurants in the City of Brookings, South Dakota (Senate Bill 126).
A motion was made by Bartley, seconded by McClemans, to approve Ordinance No. 30-08.
Discussion: Don McCarty, Attorney, wants to know how we got to where we are at now and get an
idea of what direction the city intends to take. He stated the last thing the council did was create an
Ad Hoc Committee to look at the alcohol issues and to come back with recommendations to the full
council about what should be done.
McCarty posed three questions to the council: 1) He has not seen any recommendations of that
committee or action of the council based on the committee’s recommendations. 2) It is his
understanding that there is a pending Attorney General’s opinion request regarding SB 126 posed by
Brookings, and that it has been left unanswered so far. He is wondering what decision was made in
going forward prior to a decision or opinion being issued by the Attorney General. 3) At the last Ad
Hoc Committee meeting, they were cautioned by the City Attorney about going forward with the City
Ordinance prior to the issues being resolved by the Dept. of Revenue. The Dept. of Revenue was
cautioning cities about going forward, and asking them to slow up on this process and not proceed until
more answers were given.
McCarty stated there haven’t been any recommendations from the Ad Hoc Committee at an open
meeting where the public could be heard in relation to the recommendation to the council. There has
not been an answer from the Attorney General in regards to the questions posed by the city, specifically
regarding SB126. And, finally, the fact that this ordinance is now on the agenda, has gone through two
readings and is at a public meeting, despite the fact that the council and committee has been cautioned
by the Dept. of Revenue and the City Attorney about taking the exact action that you are doing. He
recognizes in the last day or two there’s been significant revisions to the original ordinance that was
read. However, he maintains all objections to any ordinance passed by the city council that don’t mirror
the provisions of SB126 as passed by the legislature for all the same reasons he’s advised the council of
before and put in writing at the request of Council Member Bartley in June. He believes the prudent
thing for this council to do is to hold off on the passage of the ordinance altogether until the answers
are provided by the Dept. of Revenue. If you choose not to do that, the next best thing would be to
pass an ordinance that purely mirrors what SB126 says, rather than adopting any language that varies
from it.
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McCarty stated the three questions he posed to the council are questions he thinks general members of
the public would be interested in having answered and he would hope all members of the council would
be interested in having answered as well. He restated he doesn’t think those things have been
discussed and openly answered at a public meeting. Again, he wanted to express his concerns and has
tried to be forthright with the council in regard with his concerns.
Weldon asked Britzman if the amended ordinance, procedurally, needs to be substituted in from the
first reading. Britzman stated it would be helpful to point out the changes from the first reading to this
one, but the motion is to approve the one that was handed out at this meeting.
FRIENDLY AMENDMENT: A motion was made by Bartley, seconded by McClemans, to
amend the previous motion to accept the revised ordinance with changes as presented.
Britzman read the changes of the ordinance. The intent of these changes is at least two-fold. One
objective would be consistent with Don McCarty’s comments and that is that it brings this ordinance
before you to a point where it is consistent in all respects with state law with the exception of the
addition of subsection 3C. Secondly, it makes this particular ordinance consistent with the model that
was developed among the Municipal Attorneys.
Britzman started the process among the Municipal Attorneys with the initial draft and made
modifications, resulting in an almost mirror image of state statute with one exception; the advertising
provision. The Municipal Attorneys felt it might be better to rely on the state statute for that. The
advertising rule would still apply, but it would be state statute that applies to the manner of advertising
one of these licensees, as opposed to city ordinance…perhaps just simplifying this at the local level.
Between the first and the second readings, they have restored the provisions on page three, which
involves the pricing procedures previously in Subsection 1, now in Subsections G, 3A and B. Also
restored is the registry procedure which is called for in state statute, and also the last provision issuance,
a new full-service license restricted provision. The one addition is on page three, subsection 3C.
From the beginning, Britzman felt this restaurant license procedure was workable. There are some
procedural steps that need to be addressed, and will be addressed by the Dept. of Revenue. The Dept.
of Revenue has given some guidance on adopting an ordinance under SB126. He has reviewed those
and their basic procedures that this ordinance is consistent with.
Subsection C was added because there has been debate and obvious uncertainty as to the impact of
SB126 on a local option community (a community which holds its own license), which was the subject
of the Attorney General’s opinion. We still have 90 days to set the license fee. Information is expected
to be received once this is filed if there’s someone that feels they have a transfer that they want to
report to the city. It is an obligation once this is passed and effective…we have 90 days to set the price
of the license fee. There is some work to do to evaluate that issue between now and then, and is a
little bit undetermined at this point in time.
Subsection C contemplates or bridges the gap and explains that the minimum fee will be $1/person.
Anyone that is looking at this as a possible mechanism for receiving a license, this affirmatively states
that even if Brookings is a local option community, having read SB126, we still view that statute
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requiring us to charge at a minimum a $1/person. It does not harm at all or run counter to state
statue, and it doesn’t harm our ordinance to add that and make that clear. This is his understanding of
the law, and thinks most would agree with him that a minimum fee of $1/person would apply to a
restaurant license under SB126.
Munsterman said he recently met with the Attorney General and Arne Brown. They agreed it would
probably be in the best interest to suspend the Attorney General’s opinion at this time and get the
ordinance into place. With the timetable for the Attorney General’s Office to respond to the request,
and with the discussion they had, this is what they came to in terms of a conclusion. Munsterman
would like to see the council move ahead on this ordinance and in the timetable that Britzman has
recommended. Britzman has pretty much mirrored this ordinance after those requirements and
appreciates him doing so. Munsterman stated he wasn’t originally certain all of this was really required,
but after meeting with the Attorney General, he is now convinced that it is and feels confident we can
move ahead. The declaratory judgment that is out there now will be resolved by October. This will
answer some questions for the Dept. of Revenue as they begin to try to think through this whole
process. From our perspective we need to just go ahead and move ahead.
Brunner asked if the fee will be set with a separate ordinance. The fee will be set by resolution and
would require only one meeting to approve that. The effective date of this ordinance would trigger the
90 days in which it is incumbent upon us to set that fee.
Brunner clarified after the fee is set if it can be challenged in court.
Bartley stated from a procedural standpoint, it is his understanding if we pass this ordinance; it is
subject to a referral 20 days from publication. So, if it is referred, November 7th would be the soonest
for an election. If the ordinance was affirmed, then November 7th would start the 90 days. He asked if
we would then be looking at November, December, or January before we would have to set the fee.
Britzman stated that is a reasonable interpretation. There probably aren’t too many statutes that set a
statute of limitations or a limited period of time to act, other than statutes of limitation. On occasion
those are suspended by operation of loss, such as if a person is physically disabled, they are then given
additional time to file suit. Similarly, we would have a suspended period if there was a referendum,
because the ordinance is not effective until the referendum election has been canvassed. Britzman
believes the 90 days would be pushed back if there was a referral.
Bartley stated if this ordinance is passed and then referred, there would be no action as far as the fee,
because it wouldn’t be set yet. The only thing would be the ordinance itself and it would have no effect
on whatever the fee structure is through the referral process, because that would not be established,
unless done early. Britzman responded the statute contemplates that the ordinance has to be effective
before the fee is set by resolution.
Bartley said there is no way to answer the question about the fees with the Dept. of Revenue prior to
resolution of the referral process if this were to happen. Britzman thought, informally, perhaps one
could receive some guidance, but he doesn’t think there would be any formal procedure.
Bartley questioned if it was sustained in an election after a referral and went into the 90-day process
and set the fees, is that referable. Britzman stated the resolution to establish a policy would be
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referable. As a question of first impression, Britzman hasn’t thought about the referral of the
resolution, understanding what the referendum law would be. Legislative acts that set a policy, and this
probably sets a long-term policy for the city, would probably be a referable legislative act, because there
is discretion involved in establishing that fee. Fees can be viewed as administrative, non-referable
actions. But because of SB126 and the permanency of that license fee, it is possibly referable.
Britzman views it as a policy determination in part. The counter argument to that would be because
the state statute has outlined the procedure for computing what the license fee should be, that it is
merely an administrative act to compute that fee, and therefore not referable. Britzman stated more
analysis would be required before issuing a final opinion.
Bartley stated if it were referable, and the fee was set in January or February, we are looking at an April
election before we would take that referral to a vote. If it passed at that point, then we still are not
going to issue licenses until June-July of 2009. This is a worst case scenario if it goes through that entire
process. Bartley stated he understands Mr. McCarty’s concerns that this seems rushed. However, no
matter what the council does, it is going to be a long process as we walk through this and all the
possibilities of what could happen down the line. He also understands Mr. McCarty’s concerns that
possibly things have been changed, but it is not unusual for the council to have amendments between
the first and second readings of an ordinance. The committee assigned to this directed the City
Attorney to draft this ordinance and present it to the council. That action in and of itself was taken by
the committee. Whether we asked him to bring it back to the committee for review before it went to
the council for referral, the committee’s direction was to the City Attorney to prepare the ordinance for
council approval, and he did so. The council approved the first reading and then made some
modifications. Those probably were not purview the actual committee to review, but again the action
was to direct the City Attorney to do so. He appreciates his concerns, but he doesn’t think the council
acted inappropriately and hopes that people will look at it that way. Secondly, there is plenty of time
for other action on SB126. There may be some legislative action in January to clean up some
provisions, and if it is successful and changes the bill, he doesn’t think there will be any emergency
provisions to put those changes into effect. That moves the calendar to July 1, 2009 before that
becomes law. Bartley believes it will be Fall 2009 before the council actually will be able to issue any of
these licenses under this bill. The process of going through all of this is extremely painfully slow, but it is
a fair process. He supports passing this ordinance so we can move forward, and doesn’t see any
reason to delay it at this point. He believes everybody’s rights are protected.
Brunner commented there are a lot of questions of concern out there that also concern him. He is
afraid if this process doesn’t get started and the next legislative session begins, things could get worse
instead of better. This issue was pretty close in January / February of 2008, so if we don’t get the
process started, and this keeps getting pushed back, we could get into that next legislative session
where things could be changed even more for the better or for the worse, or not at all. Sometimes the
legislature handles issues and they get less clear. We have to start down this path, and then the Dept.
of Revenue and the Attorney General’s Office will have to look at it before they would issue us a license.
We have to get an ordinance in place to start the 90 days; 90 days from now is November 26. If we
wait any longer, it will be December and the start of the next legislative session, at which time the Dept.
of Revenue and the Attorney General’s Office are both busy with their own issues. Fall is a good time
for them to work on this issue.
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Whaley repeated one of Mr. McCarty’s concerns of the communication between the Ad Hoc
Committee and the Council. She stated the council received the paperwork and had some discussion.
As far as the ordinance that came out, before this revision, she too was concerned about it and talked
to a couple representatives and asked for their thoughts. With the revised version of this ordinance,
she feels a lot more comfortable moving forward. Whaley stated Brookings is the guinea pig, and if
anything is wrong or right, someone is going to let us know either way. She sees this as a way to get
the ball rolling.
On the main motion as amended, all present voted yes; motion carried.
Public Hearing – Ordinance No. 31-08: Sidewalk Code. A public hearing was held on
Ordinance No. 31-08, an Ordinance amending Article V of Chapter 74 of the Code of
Ordinances of the City of Brookings and pertaining to Sidewalk Specifications. A motion was
made by Brunner, seconded by Reed, to approve Ordinance No. 31-08. Discussion: Weldon
stated this item reinstates language in the subdivision regulations pertaining to the construction of
sidewalks in new subdivisions. It was omitted in the revisions of the Sidewalk Regulations in 2003, and
wants it reinstated. At the same time, staff would like to strengthen some of the requirements
regarding the time period by which the adjoining sidewalks on the side streets would have to be
installed; moving that up to a 2-year time frame. Part of the problem with this is developments that
partially occur, and housing construction generally takes some time after that, and in the meantime
there are gaps in sidewalks in neighboring blocks. It’s not a safe thing for our pedestrian plan or for the
subdivisions. The other provision, if there are some additional circumstances, or unique conditions that
arise, according to state law they could install them on a timeline sooner than that, if the council so
desires. All present voted yes; motion carried.
Resolution No. 76-08. A motion was made by Whaley, seconded by Reed, to approve
Resolution No. 76-08, authorizing Change Order #5 (CCO#5) for 2008-03STI, Downtown
Streetscape Project. Discussion: Weldon clarified that this is an amendment to a change order
approved at the last city council meeting. It covers the cost and the schedule for removing the last part
of the steam tunnel. The council approved at the last council meeting a change order in the amount of
$99/linear foot to remove the top of the steam tunnel for the duration of the project. The contract had
asked for an additional 15 calendar days to get that work done. At that time staff recommended
approving the contract amount to do the work, but was uncomfortable with the 15 days thinking that it
wouldn’t take that long. Staff would prefer to do what has been typically done in the past, which is to
make an adjustment to the construction calendar at the end of the project, so we would actually know
how much time the contractor needs to do the work. Despite our best efforts to try to get the
contractor to do that, he has refused to sign the change order without the 15 additional days. Rather
than arguing about that issue, we decided it would be best to authorize the 15 days, which would
extend the contract period from October 15 to October 31, which would be the new deadline for
project completion. Weldon asked the council to authorize adding 15 days onto the contract. Failure
to do so would mean that the contractor will not proceed to remove the balance of steam tunnel.
Weldon stressed the steam tunnel has to absolutely be out of the project so we can preserve the
integrity of the new street. Brunner asked for a verification of the completion timeline, as there are
concerns whether or not the project will be completed on time. Weldon shared that city staff has
received a number of calls/inquiries about the construction schedule and the scope of the project.
Specifically they have related to whether or not it would be advisable to even open up the third block to
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do the work. The original project schedule completion date was October 15, and now it will be October
31. Our goal remains to have all utility work done, street surface work done, and sidewalks done by
the end of the season. There will likely be some punch list items that will go beyond that date, but
nothing that will impede the activity level for downtown…depending on the weather. In the contract is
a contract for penalty of $1,400/day for every day this project goes beyond final completion. If this
amendment is approved, it will mean that any day that the total project does not get done after
October 31, there is a $1,400/day penalty. That is standard procedure in contracts and provides an
incentive for the contractor to keep the project moving. The third block is expected to begin soon. We
are looking at paving the first block to open it for traffic. Some parking spots on the sides of the streets
may have to be blocked off for contractors to work behind the curb for installation of streetscape
furniture, plantings, new street lights, etc. Weldon stated there is plenty of fall construction weather left
and we are going to keep this project going. All present voted yes; motion carried.
Resolution No. 76-08
A Resolution Authorizing Change Order #5 (CCO#5) For
2008-03STI Downtown Streetscape Project
Winter Brothers Underground, Inc., Sioux Falls, South Dakota
BE IT RESOLVED by the City Council that the following change order be allowed for 2008-
03SSI, Downtown Streetscape Project: Construction Change Order Number 5: Adjust
estimated the bid contract for the additional work of removing the steam tunnel and all
asbestos containing material to an estimated depth of 2.5 to 3.5 feet below the final road grade.
The contractor will not be charged tipping fee. This work is on Main Avenue between 5th
Street and the south end of the project, or steam line, which ever comes first. The removal
work will be measured and paid for at a cost of $99 per lineal foot for an estimated length of
1000 feet for a total change order increase to the contract of $99,000. Extend the contract
date by 15 calendar days for the preceding work. This resolution amends Resolution No. 74-
08, passed and approved on the 26th day of August 2008.
Resolution No. 66-08. A motion was made by Reed, seconded by Brunner, to approve
Resolution No. 66-08, Creation of Tax Increment District #4 and the designation of boundaries
of said district. Discussion: Weldon clarified this sets in place the development plan for the Tax
Increment District, which includes 33 residentially zoned lots in the Sieler Addition. McClemans stressed
the need to develop policy for Tax Increment Districts and is concerned that there isn’t one already in
place. Weldon stated he was set to start writing the policy and this TID came on pretty fast. Rather
than hold up the construction project on this one, we are going forth. In previous communication, the
council had asked to consider a moratorium on future Tax Increment Projects, at least for those that
were similar to this. Between the two projects out there, the city is getting close to meeting the demand
with supply as identified in the housing plan. This policy is on Weldon’s list of things to do and he will
certainly hope to have before the council a comprehensive policy about Tax Increment Districts before
creating any more. All present voted yes; motion carried.
Resolution No. 66-08
Resolution Providing For The Creation And Designation Of
Tax Increment District Number Four City Of Brookings, And Defining Its Boundaries
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WHEREAS, the Planning Commission has recommended the creation of Tax Incremental
District Number Four.
WHEREAS, the City of Brookings has the power, pursuant to SDCL § 11-9-2(1), to create the
Tax Increment District Number Four, City of Brookings and define its boundaries.
THEREFORE, IT IS HEREBY RESOLVED:
1. Authorization. The City hereby finds that twenty-five percent (25%) and more of the real
property located within the boundaries of the proposed Tax Increment District Four, City
of Brookings, is a blighted area under SDCL § 11-9-10(2), (4), (8) and 11-9-11. Further, the
City finds that the improvement of the area is likely to enhance significantly the value of
substantially all of the other real property in the District. The City also uses the powers
granted pursuant to SDCL § 9-54 for the economic development of the Tax Incremental
District Number Four, City of Brookings.
2. Findings. The City Council makes the following findings:
a. Not less than 25% of the property in the District is a blighted area;
b. Improvements to the District are likely to add millions of dollars assessed valuation to
the district and will significantly and substantially enhance the value of all property in the
district;
c. There is a reasonable likelihood that there will be affordable housing built in the District
by Oakwood Equity Group, LLC.
d. The aggregate assessed value of the District plus the tax increment base of all other
existing districts in the City does not exceed ten percent of the total assessed valuation
in the City.
e. The District is open bare land void of site improvements which impairs the sound
growth of the City.
f. The District lacks water connections which substantially impairs the sound growth of
the District.
g. The District lacks sewerage connections or treatment which substantially arrests the
sound growth of the District.
h. The District lacks streets, roads and fire protection which retards housing
accommodations and constitutes a economic liability and is a menace to the public
welfare in its present condition.
i. As demonstrated by many group meetings discussing affordable housing and sufficient
housing stock, there is substantial need for affordable housing and that the property in
its open condition and with its obsolete plating impairs and arrests the sound growth of
the city.
j. The District constitutes a blighted area as defined in SDCL Chapter 11-9.
3. Creation of District. There is hereby created, pursuant to SDCL Chapter 11-9 the Tax
Increment District Number Four, City of Brookings.
4. Date of Creation. The Tax Increment District is hereby created on August 26, 2008.
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5. Boundaries of District. Tax Increment District Number Four shall have boundaries which
shall included the following described real property: The east 610 feet of the west 1,110
feet of the south 640 feet of the north 1, 150 feet in the SE ¼ of Section 35-T110N-R50W
BATA Funding Request. A motion was made by Brunner, seconded by Whaley, to fund half
of BATA’s additional funding request at $6,250 in 2008. The other half will come from
Brookings County. Discussion: Weldon clarified BATA’s request is for the purchase of fuel. Brenda
Schweitzer has secured state funds if it can be matched locally. BATA’s budget shortfall estimate is
$25,000, which puts the local requirement at $12,500. Brookings County has already authorized an
appropriation of $6,250. Whaley asked about the ‘other transportation’ line for $5,000 in the City
Budget, and who that was slated for. Brunner responded it is for SDSU’s Safe Ride Program. Whaley
gave direction to label that budget line with “SDSU Safe Ride’ so she doesn’t try to spend it somewhere
else. All present voted yes; motion carried.
Executive Session. A motion was made by Reed, seconded by Whaley, to enter Executive
Session at 6:47 p.m. for consulting with legal counsel on contractual matters with the Mayor,
City Council, City Manager, City Engineer, Deputy City Clerk, City Attorney, Al Heuton, Mike
Struck and Ryan Krogman present. A motion was made by Reed, seconded by Whaley, to exit
Executive Session at 8:14 p.m.
Resolution No. 67-08 – Real Property Transfer. A motion was made by Brunner,
seconded by Reed, to table Resolution No. 67-08, a Resolution Authorizing the Transfer of
Real Property to Brookings Economic Development Corporation, Inc. for Economic
Development Purposes. All present voted yes; motion to table carried.
Adjourn. A motion was made by Whaley, seconded by Reed, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 8:15 p.m.
CITY OF BROOKINGS
Scott D. Munsterman, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
September 9, 2008
30
CONSENT AGENDA #4
4C. Action on Resolution No. 68-08 – declaring annual surplus
items.
Resolution No. 68-08
Appraising and Authorizing Sale of Surplus Property
WHEREAS, the City of Brookings has surplus items as listed in a Notice of
Sale that are no longer necessary or useful for City purposes, and it is the desire
of the City to dispose of same as surplus property;
NOW, THEREFORE, BE IT RESOLVED, that all the attached listed
property declared surplus by the City Council.
FURTHER BE IT RESOLVED by the City Council that the property be
offered for sale at public auction on September 25, 2008.
Passed and approved this 9th day of September, 2008.
CITY OF BROOKINGS
Scott D. Munsterman, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
September 9, 2008
31
2008 SURPLUS PROPERTY LISTING
ENGINEERING DEPT.
blue print machine, metal in/out basket, Black and Decker 12V drill, green chalkboard, (9)
chairs, shelving, (5) 8’x3’ oblong tables, (3) 8’x2.5’ oblong tables, 8’x’3’x’1’ platform stage,
lunchbox, microwave cart, (2) 8’x4’ privacy panels on rollers, Compaq monitor V700 15”, space
maximum copyholder, (2) Spirit Motorola radios and chargers (need repair), (3) blue partition
panels, (2) beige partition panel 7’ tall, beige partition panel 5’ tall
FINANCE DEPT./CITY IT DEPT.
22” CRT Computer Monitor, (4) 15” CRT Computer Monitors
FIRE DEPT.
Lexmark X5150 Scanner/Printer / Ser.#: 01520067725, 1981 Ford LN8000 truck chassis / VIN
# R80CVM31673, 250 gallon fiberglass water tank, box 20X28 air intake filters, Manual hose
reel with 1-inch rubber hose, (2) Electric overhead garage door openers, Bell & Howell 16mm
movie projector, Movie Screen
HUMAN RESOURCES
old Laptop Computer, Magnavox TV/VCR – Serial #28157883
LIBRARY
(4) Various metal racks, (3) Floor rockers, (2) Typewriters: Sharp XQ 320 and Sharp ZQ 330,
Chair frame, Motor, Flower pots, Video mailers, Printers: Epson stylus color 580, Epson 740,
Lexmark Z816, HP psc2100 (broken), (16) Computers, 6 monitors, SkipDr, CD resurfacer –
needs work on motor, (2) PC keyboards, Dozens of power cords
PARKS, RECREATION & FORESTRY
1976 Dodge ½ ton pickup (License 3247), 1979 Chevy ½ ton pickup (License 3316), Sullair 750
Air Compressor - needs work, Homelite Cement Saw, Radial Arm Saw, Dodge Pickup Box
Liner, Small Air compressor - needs work, Small Roto Tiller - needs work, Pickup Tool Box,
Apartment Size Refrigerator, Older Small Copy Machine
POLICE DEPT.
Metal desk, Wood desk, Office chair, Top for a desk, Portable generator, (2) upholstered
chairs, photo lab equipment, VW engine, Wood cabinet, 5-drawer file cabinet, Wood stand, (3)
fishing rods, Tackle box w/tackle, Numerous traffic cones, Halloween flag, Foam “tubes” 6
containers of wood preservative, 72 Bikes: #1432 Blue KIHY018197, #1436 Black/Silver Rand
C990263674, #1437 Yellow 67125771, #1440 Maroon Murray 69995X92, #1446 Green, #1451
Blue/Black Roadmaster 30924573, #1452 Red Raleigh M0K6411535, #1454 Blue Roadmaster
RU417WMJT, #1456 Blue 5041854, #1457 Orange Huffy B00C047777, #1458 Silver/Orange
Huffy BB01C074564, #1460 Blue Raleigh YF98F13356, #1462 Orange Mongoose
SNXDS05C07, #1463 Purple Huffy 0359197613, #1464 Blue Mongoose, #1465 Maroon Huffy
S00C0013718, #1467 Black Raleigh M02000398, #1468 Yellow Huffy, #1469 Pink 857583,
#1470 White/Pink YJN, #1471 Orange Huffy 846049011, #1472 Black Huffy 966869089, #1476
Red Huffy 80557HYFF, #1477 Blue Bianchi, #1479 Blue/Silver 59341828, #1480 Chrome
City Council Packet
September 9, 2008
32
683387979, #1481 Roadmaster HM0394558, #1482 Red Roadmaster, #1483 Red Roadmaster,
#1484 Purple/Pink Murray 65231X920, #1485 Blue/Purple Roadmaster, #1486 Gray/Black
Pacific AV186552, #1487 Green Magna 854977, #1489 Blue/Red Roadmaster SD06C65436,
#1490 Red/Chrome 8536613, #1491 Green GB050408581, #1492 Blue/Silver Trek TBI0415C5,
#1493 Purple Huffy SNHEC07C43, #1494 Blue Schwinn P2A04190, #1495 Orange Mongoose
FSD06E44951, #1497 Blue Roadmaster SNFSD05C16, #1499 Blue/Black MGX BC10114491,
#1500 Black/Silver Schwinn 5268ZWM, #1501 Teal/Silver Huffy BB04D39364, #1503 Blue
Huffy 9220712F0038, #1505 White 852809, #1507 Black Schwinn S3C2172, #1512 Magna
95TD298976, #1519 Purple Roadmaster RMC60554435, #1520 Blue Roadmaster
SNFSD05C00, #1523 Silver/Blue Roadmaster GK5197862, #1524 Lil/Red/Blue Roadmaster
SNFSD06655, #1528 Green 01TD113950, #1530 Lil/Red/Blue Roadmaster SNSDS07B77,
#1541 Magna 02TD9309131, #1543 Magna 02TD5498997, #1546 38511850, #1548
DCL04B01950, #1550 Huffy 667201170M, #1551 Roadmaster F04020006853, #1552 Schwinn
ACE02F0045, #1553 Magna 02TD3567203, #1554 Roadmaster RNC23340548, #1555
Roadmaster K3CZ008619, #1556 Roadmaster F306023642, #1559 Huffy 90240HUFFY, #1561
L050418593, #1562 Roadmaster SNSFD05D06, #1563 Huffy 83076HUFFY, #1564 Huffy
599E00003068, #1565 Huffy 4519908191, #1570 88388797
STREET DEPT.
Walnut Computer Desk, Oak Computer Hutch, Gray 5-Drawer File Cabinet, Brown 2-Drawer
File Cabinet, IBM Selectric III Typewriter: 6705114613090, Olivetti Typewriter, Gray Carpet
remnant, Sharp Fax Machine: 1999 model: F02550 (8810212Y), Magazine Files, Misc. Office
Supplies, Computer CPU Stand, 1989 Fuel Pump: Gilbarco 656-1 (DA043008FU), 1989 Fuel
Pump: Gilbarco 655-1 (DA043800JU), 3” Water Pump Gorman Rupp: 13A 2 AEND (299149),
1968 Generator: SF-1.5MD (NA68-0570), 3 HP Sprayer Pump, 16 HP Briggs Engine
SWIFTEL CENTER
Computer Monitor, (2) Paper Towel Dispensers, (2) Desk Chairs, Bleacher Puller
(Homemade), Trimmer (Needs Work), Wood Door, (16) 8’ Wood Tables, (4) Plastic Garbage
Cans, (10) Metal carts with casters, Ford Tractor w/ digger, Washing Machine (Does not work),
Dryer (Does not work), Riding Lawn Mower (Needs work), (2) Coiling metal Doors, (2) Chalk
Boards, (2) Wood Shelves, (2) Wood Easels, Vacuum Cleaner (Does not work), (2) Cash
Registers (Do not work), (4) Misc. Metal Lids, (20) Salad Crocks, (5) Candle Holders/Vases, (3)
Plastic Tea Display Containers, (3) Wood Headboards, Coffee Pot, (8) Rectangle Serving Bowls,
Fiber Optic Christmas Tree, (11) Wicker Baskets, (23) Round Plastic Bowls, (6) Plastic Plates,
(5) Wire Baskets, (12) Glass/Colored Bowls, Tea Machine, (4) Plastic Juice Pitchers, (12) Plastic
Flutes, (6) Half & Full Sheet Pan, ¼ Size Lexon Lid, (2) Warmers (do not work), (2) Lexon Half
Pans, 1 Gallon Tea Holder, (2) Coffee Cup Liners, Bunn Base Warmer, Miscellaneous Wood
Pallets, Miscellaneous Desk Parts
City Council Packet
September 9, 2008
33
CONSENT AGENDA #4
4D. Action on an Animal Control Agreement with Brookings
County.
To: Jeff Weldon, City Manager
Brookings City Council Members
Re: Procedure Changes / Animal Control
This is to advise you of changes in the billing procedure used by the Animal Control
Dept. In the past, the agreement between the City of Brookings and Brookings County
has been that the County would allot $7500.00, annually. This was to cover the costs of
the Animal Control Dept. when answering calls for service outside the city limits.
Instead, the calls for service will now be billed by the hour. The charge will be $25.00
per hour with a 2 hr minimum. In addition, there will be a charge of 55 cents per mile.
As a point of comparison, an estimate by Duane Walburg, the Animal Control Officer
for the City of Brookings, is this: Based on the hourly wage of a part time Officer of
$7.75 and $3.00 a gallon gas, the City could have charged the County approximately
$8892.00 for services rendered, in 2007.
Any call for service, for Animal Control, outside the city limits, must be authorized by
the Sheriff’s Office.
Brookings County officials have agreed to these new terms. Please find enclosed a copy
of the agreement and the specifics regarding calls for service.
Sincerely,
Bryan Gums
Chief
City Council Packet
September 9, 2008
34
Animal Control Enforcement Agreement
City of Brookings / Brookings County
This agreement is made and entered into this 1st day of August, 2008, between the Brookings
County Sheriff’s Office, hereafter referred to as “County” and the City of Brookings Police Department,
Animal Control Division, hereafter referred to as “City” for the purposes of providing animal control
services within Brookings County. Both parties understand, agree and enter into this agreement under the
following terms and conditions:
Ö The City agrees to transport stray animals for the Brookings County Sheriff’s Office.
Ö The City agrees to provide all necessary equipment required to perform animal control services,
including an appropriate vehicle for transporting animals.
Ö The City agrees to provide all reporting, documentation and follow-up monitoring related to animal
bite reports occurring within Brookings County.
Ö The City agrees to provide liability and workman’s compensation insurance for City Animal Control
personnel while performing duties under this agreement.
Ö The City agrees to respond to all animal bites and significant scratches.
Ö The City agrees to collect all charges, fines and fees.(City will reimburse only the fines to the
County)
Ö The County agrees that for any call requiring the pick-up, impoundment or transportation of an
animal, a Deputy Sheriff will respond to assist if requested by City Animal Control personnel.
Ö The County agrees to approve any call out by the Sheriff and/or his designate. (on duty deputy)
Ö The County agrees to approve all private impounded animals.
Ö The County agrees to reimburse the City on any unclaimed impoundments. (based on five day hold
and $60 fee)
Ö The County agrees to reimburse the City at a minimum of 2 hours per call at $25 per hour plus
mileage at the IRS rate.
o Note live traps can be picked up by a county resident with a deposit with the City. The
county resident is responsible for disposal of animal.
This agreement will take effect on the 1st day of August, 2008, and shall remain in force until terminated.
Either party may cancel this agreement upon providing thirty (30) days written notice of the intention of
cancellation.
Dated this ____ day of ____________, 2008.
Deanna Santema, Chairperson Jeff Weldon, City Manager
Brookings County Commission City of Brookings
Martin E. Stanwick, Sheriff Bryan Gums, Chief
Brookings County Sheriff’s Office Brookings Police Department
Attest:
Vicki Buseth, Finance Officer
Brookings County
City Council Packet
September 9, 2008
35
CONSENT AGENDA #4
4E. Action to appoint Mayor Munsterman and Deputy Mayor
Reed to a BEDC Community Task Force for a
Continuum of Care Plan for the City of Brookings.
Mayor Munsterman and Deputy Mayor Reed have volunteered to represent the City of
Brookings on a Community Task Force that will address future nursing home bed
placement and other senior services. Al Heuton, BEDC Director, is organizing the
Task Force that will develop a proposal for a continuum of care application to the
Governor’s Health Care Commission. The group will consist of local health care,
BEDC, industry and government representatives.
City Council Packet
September 9, 2008
36
Presentations/Reports/Special Requests:
5. INVITATION FOR A CITIZEN TO SCHEDULE TIME
ON THE COUNCIL AGENDA FOR AN ISSUE NOT
LISTED.
At this time, any member of the public may request time on the agenda for
an item not listed. Items are typically scheduled for the end of the meeting;
however, very brief announcements or invitations will be allowed at this
time.
6. SDSU REPORT.
City Council Packet
September 9, 2008
37
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.
7. Ordinance No. 37-08, an ordinance providing for the sale
and consumption of alcoholic beverages upon property
adjoining a licensed premises in the City of Brookings,
South Dakota (Sidewalk Sales).
Public Hearing: September 23rd
This ordinance is pursuant to another change in state law related to alcohol laws.
Former House Bill 1203 allows a city or county to allow for the on-sale licensee to have
the sale and consumption of alcoholic beverages on sidewalks and walkways that abut
the building of the licensed premise. A local ordinance must be passed before the City
can allow for sidewalk sales. City Attorney Steve Britzman prepared the enclosed
ordinance, with input from various city staff, to provide for this service. The Liquor Ad
Hoc Committee has reviewed the ordinance and provided comments.
City Council Packet
September 9, 2008
38
ORDINANCE NO. 37-08
AN ORDINANCE PROVIDING FOR THE SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES UPON PROPERTY ADJOINING A LICENSED PREMISES IN THE
CITY OF BROOKINGS, SOUTH DAKOTA.
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF
BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS:
I.
Sec. 6-9. Sidewalk Café Alcoholic Beverage Sales and Consumption regulations
(a) General Provisions.
1. Any holder of an operating agreement, on-sale malt beverage license or on-sale wine
license may apply for a sidewalk café permit for the sale and consumption of alcoholic
beverages which the licensee is authorized to sell on a sidewalk or walkway subject to a
public right-of-way abutting a licensed premises, provided that the license holder derives
more than fifty percent of its gross receipts from the sale of prepared food for
consumption on the licensed premises.
2. The sidewalk or walkway subject to a public right-of-way shall be immediately adjacent
to and abutting the licensed premises.
3. This section does not apply to any Federal-aid eligible highway unless approved in
accordance with the applicable requirements for the receipt of Federal aid.
4. The hours of authorized sale and consumption on the sidewalk or walkway subject to a
public right-of-way as provided by this section shall be consistent with the hours
permitted for the license held by the sidewalk café permittee.
5. A violation of any provision of Title 35 by an alcoholic beverage license holder
conducting business on a sidewalk or walkway subject to a public right-of-way pursuant
to this section constitutes a violation of Title 35 as if the violation had occurred in or on
the licensed premises.
(b) Definition.
Sidewalk Café. A sidewalk café is an outdoor area located on a public sidewalk or
walkway which is operated and maintained by an establishment, coffeehouse, tea shop,
restaurant or bar.
(c) Applicable Procedure.
1. An application for a sidewalk café permit shall be filed with the City Clerk. There shall
be a one-time application fee of $100.00. The application shall include a site plan which
identifies the location of tables, chairs, umbrellas, trash receptacles, heaters and
barricades.
City Council Packet
September 9, 2008
39
2. A. The location of the sidewalk café must be directly in front of the business operating
the café, and may not extend beyond the side property lines. A unobstructed path of
travel with a minimum width of four (4) feet shall be REQUIRED for the general
public upon the public sidewalk.
B. Equipment of the sidewalk café may not be attached permanently to the sidewalk or
public right-of-way. The property owner is responsible for the restoration of the
sidewalk or public right-of-way if any damage is caused by the sidewalk café. Physical
barriers may not exceed four feet in height. Bolting a barrier to the sidewalk is not
considered permanent as long as the method of bolting allows the barrier and the
bolts to be readily removed.
C. Lighting for sidewalk cafes is subject to approval during the permitting process.
Tabletop lighting may include candles and battery-operated fixtures.
D. Physical barricades are required if alcoholic beverages are sold at the sidewalk café.
3. All services provided to sidewalk café patrons as well as all patron activity must occur
within the designated sidewalk café area. No alcoholic beverages may be stored or
mixed in the sidewalk café.
4. The permit holder is responsible for proper supervision of the sidewalk café in order to
ensure the requirements of this section are met.
5. Every sidewalk café permit holder shall furnish a certificate of insurance proving
commercial insurance coverage of at least $1,000,000 for bodily injury, death, disability,
and property damage liability. The City of Brookings shall be named as an additional
insured on a primary, noncontributory basis for any liability arising directly or indirectly
from the operation of a sidewalk café. In the event that the insurance is cancelled, the
permit holder has 24 hours to reinstate the insurance or the permit shall be revoked.
6. Permit holders must ensure that the requirements for operation are met. These include:
A. Patrons must wear shoes and shirts at all times.
B. All sidewalk cafes must maintain at least one opening for ingress and egress at all
times. All sidewalk cafes shall abide by all requirements of the currently adopted
International Building Code and the American’s with Disabilities Act.
C. To the extent applicable, sidewalk cafes must adhere to all regulations of the City
pertaining to food and beverage service as set forth in Ordinance Section 74-40.
7. All areas within and surrounding a sidewalk café must be maintained in a clean, neat, and
sanitary condition.
8. All permit holders shall be required to abide by all federal, state, and local laws.
City Council Packet
September 9, 2008
40
9. A sidewalk café permit may be revoked for failure to maintain the standards required
for the initial permit. A notice of intent to revoke a sidewalk café permit shall be given
in writing 10 days prior to actual revocation and shall specify the area or areas of
continued failure to meet requirements and maintain conditions the city may have
imposed. If, during that period, proof of compliance is made by the holder of the permit,
the permit shall be continued in force.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING:
SECOND READING:
PUBLISHED:
CITY OF BROOKINGS, SOUTH DAKOTA
Scott D. Munsterman, Mayor
ATTEST:
Shari L. Thornes, City Clerk
City Council Packet
September 9, 2008
41
Ordinances – 1st Readings **:
** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public hearing is announced.
8. Ordinance No. 36-08, an ordinance amending and
revising various building, property maintenance and
nuisance ordinances of the City of Brookings, South
Dakota.
Public Hearing: September 23rd
Staff and City Attorney Britzman have reviewed the current ordinances pertaining to
code enforcement. The changes more clearly define who has the authority to execute
and enforce the regulations, and identify the manner of abatement and billing for
violations. The following amendments are being proposed:
Chapter 22: Buildings and Building Regulations
The definition of the Building Official was amended to grant enforcement authority to
any city official who is designated by the City Manager and charged with the
administration or the enforcement of Chapter 22. This allows the phrase “or its
authorized representative” to be removed from several paragraphs since it is stated in
the definition. The language under Section 22-341 was changed from comparing the
level of maintenance to the surrounding properties to whether the condition is
“injurious to the health, or to be indecent or offensive to the senses, or to interfere
with the comfortable enjoyment of life or property.” This language allows more latitude
in determining the level of maintenance required on properties.
Chapter 42: Health and Sanitation
In general, the language was changed in this chapter to grant enforcement authority to
any city official who is designated by the City Manager and charged with the
administration or the enforcement of Chapter 42. The language in Section 42-175 was
also revised to allow the City to utilize municipal or State law abatement procedures or
use of civil action. This would allow the City to determine the best option for
abatement.
Chapter 62: Parks, Recreation, Vegetation, and Forestry
In general, the language was changed in this chapter to grant enforcement authority to
any city official who is designated by the City Manager and charged with the
administration or the enforcement of Chapter 62. The language was updated to allow
the City to bill for the costs of tall and undesirable grass or noxious weeds. The
collection of the fees may be recovered through municipal or State law abatement
procedures or by use of other collection procedures, including a civil action.
City Council Packet
September 9, 2008
42
Chapter 74: Streets, Sidewalks, and Other Public Places
In general, the language was changed to all for the collection of the fees may be
recovered through municipal or State law abatement procedures or by use of other
collection procedures, including a civil action.
This ordinance will adopt these new changes.
Enclosures: Ordinance with amendments noted
Ordinance in final form
City Council Packet
September 9, 2008
43
ORDINANCE NO. 36-08
AN ORDINANCE AMENDING AND REVISING VARIOUS BUILDING, PROPERTY
MAINTENANCE AND NUISANCE ORDINANCES OF THE CITY OF BROOKINGS, SOUTH
DAKOTA.
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF
BROOKINGS, STATE OF SOUTH DAKOTA, THAT THE FOLLOWING SECTIONS OF THE
CODE OF ORDINANCES OF THE CITY OF BROOKINGS ARE HEREBY AMENDED AS
FOLLOWS:
I.
CHAPTER 22, BUILDING AND BUILDING REGULATIONS
ARTICLE V. PROPERTY MAINTENANCE
Division 1. Generally
SECTION 22.291. Definitions.
Building official means, as used in this article, the director of solid waste management, the
housing officer, the fire chief, the building official, their respective authorized representatives, or
any other any city official authorized designated by the city manager to enforce city
ordinances who shall be charged with the administration and or enforcement of this
article.
SECTION 22-292. Purpose of article.
The purpose of this article is to protect, promote and enhance the welfare, safety, health and
property of the general public. by prohibiting the keeping or maintaining of properties at
variance with and inferior to the level of maintenance of surrounding properties.
(Code 1996, § 10-71)
SECTION 22-293. Right of entry.
(a) Whenever necessary to make an inspection to enforce any of the provisions of this
article, or whenever the building official or its authorized representative has reasonable cause
to believe that there exists in any building or upon any premises, any condition which is
prohibited under this article, the building official or its authorized representative may enter
such building or premises at all reasonable times to inspect or to perform any duty imposed
upon the building official by this article; provided, however, that if such building or premises is
occupied, the building official shall first present proper credentials and demand entry; and if
such building or premises is unoccupied, the building official shall first make a reasonable effort
to locate the owner or other persons having charge or control of the building or premises and
demand entry. If such entry is refused, the building official or authorized representative shall
have recourse to every remedy provided by law to secure entry.
(b) No owner or occupant or any other person having charge or care of any building or
premises shall fail or neglect, after proper demand made as provided in this section, to properly
permit entry therein by the building official or its authorized representative for purpose of
inspection and examination pursuant to this article.
City Council Packet
September 9, 2008
44
Division 3. Standards and Requirements
SECTION 22-341. Maintenance of premises and buildings generally.
It shall be unlawful for any person owning, leasing, occupying, or having charge or possession of
any buildings or premises in the city to keep or maintain such building or premises in a manner
which is at variance with and inferior to the level of maintenance of surrounding properties so
as to be injurious to the health, or to be indecent or offensive to the senses, or to
interfere with the comfortable enjoyment of life or property.
(Code 1996, § 10-73)
SECTION 22-342. Enumeration of conditions constituting nuisance.
A building or premises is maintained or kept in a manner so as to be injurious to the
health, or to be indecent or offensive to the senses, or to interfere with the
comfortable enjoyment of life or property. which is at variance with and inferior to the
level of maintenance of surrounding properties and is declared to constitute a public nuisance
where there exists upon any building or premises any of the following conditions:
(1) Buildings which are abandoned, boarded up, partially destroyed or partially
constructed and uncompleted subsequent to the expiration of a building
permit.
(2) Buildings with deteriorating or peeling paint that allows the exterior
building coverings to deteriorate or to permit the effects of sun and water
penetration so as to encourage decay, dry rot, warping and cracking.
(3) Broken windows, doors, attic vents and underfloor vents.
(4) Overgrown vegetation which is unsightly and/or likely to harbor rats or
vermin.
(5) Dead, decayed or diseased trees, weeds and other vegetation.
(6) Trash, garbage or refuse cans, bins, boxes, bags or other such containers
permanently stored in front yards visible from public streets.
(7) Lumber, junk, trash, tires, debris or salvage materials maintained upon any
premises which is visible from a public street, alley, or adjoining property.
(8) Abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets
or other household fixtures or equipment stored so as to be visible at
ground level from a public alley, street or adjoining premises.
(9) Premises having a topography, geology or configuration which as a result of
grading operations or improvements to the land causes erosion,
subsidence, unstable soil conditions or surface or subsurface drainage
problems as to pose a threat to or be injurious to adjacent premises.
(10) Abandoned, wrecked, dismantled or inoperative trailers, campers, boats
and other motor vehicles which are accumulated or stored in yard areas.
(11) Building exteriors, walls, fences, driveways, or walkways which are cracked,
broken, defective, or deteriorated, in disrepair or defaced.
(12) Any like and similar conditions.
II.
City Council Packet
September 9, 2008
45
CHAPTER 42, HEALTH AND SANITATION
ARTICLE IV. NUISANCES AND OFFENSIVE CONDITIONS
DIVISION 2. ABATEMENT
SECTION 42-171. Notice to abate.
(a) Issuance. Whenever the board of health, deputy health officer, zoning officer or director of
solid waste management, or any person designated by the city manager who shall be
charged with the administration and or enforcement of this article, shall find a
nuisance exists within the city, it shall give written notice to the person creating, permitting or
maintaining such nuisance to abate the nuisance within a reasonable time as provided in such
notice.
(b) Noncompliance. It shall be unlawful for any person who is served a written notice to abate
a nuisance under the provisions of this article to fail to do so within the time allowed in such
notice.
(Ord. No. 7-00, §§ 18-39, 18-40, 3-27-2000)
SECTION. 42-172. When notice waived.
Whenever the owner, occupant or agent of any premises in or upon which any nuisance may
be found is unknown or cannot be found, the board of health, deputy health officer, zoning
officer or director of solid waste management, or any person designated by the city
manager who shall be charged with the administration and or enforcement of this
article, may proceed to abate the nuisance without notice. In either case, the expense of such
abatement shall be collected from the person who may have created, caused or permitted such
nuisance to exist.
(Ord. No. 7-00, § 18-41, 3-27-2000)
SECTION 42-173. By board and city officials.
If a person shall fail to abate any nuisance created, permitted or maintained by them following
written notice to them so to do, the board of health, deputy health officer, zoning officer or
director of solid waste management, or any person designated by the city manager who
shall be charged with the administration and or enforcement of this article, shall
cause such nuisance to be abated.
(Ord. No. 7-00, § 18-42, 3-27-2000)
SECTION 42-175. Recovery of expenses.
The city may recover the expenses incurred by the board of health in abating any nuisance
under the provisions of this article, including costs and attorney's fees, from the person
creating, permitting or maintaining the nuisance through municipal or State law
abatement procedures or by use of other collection procedures, including in a civil
action suit instituted for such purpose. or by city ordinance or according to SDCL.
(Ord. No. 7-00, § 18-44, 3-27-2000)
SECTION 42-176. Notice of condemnation of premises unfit for human habitation.
(a) Whenever the health officer, deputy health officer, any zoning officer or director of
solid waste management or any person designated by the city manager who
shall be charged with the administration and or enforcement of this
City Council Packet
September 9, 2008
46
article, finds that any house, building or premises within the city constitutes a
hazard to the health, safety or welfare of the occupants, or to the public, because it
lacks maintenance, or is dilapidated, unsanitary, vermin-infested, rodent-infested, or
because it lacks the sanitary facilities and equipment required by the city health and
housing maintenance ordinances or state law, they, or either of them, may condemn
such building or premises as unfit for human habitation. If any house, building or
premises, or any part thereof, (is occupied by more families than provided by the
city ordinances, (or is erected, altered or occupied contrary to law, such house,
building or premises shall be deemed an unlawful structure) and the health officer,
deputy health officer, any zoning officer, or the director of solid waste management
may cause such house, building or premises to be vacated. It shall be unlawful to
again occupy such building until it or has been made to conform with applicable law
or is otherwise fit for human habitation.
(b) Any house, building or premises condemned as unfit for human habitation shall be
posted with a placard of condemnation by the health officer, the deputy health
officer or any zoning officer or by the director of solid waste management, or any
person designated by the city manager who shall be charged with the
administration and enforcement of this article,
(c) Whenever the health officer, deputy health officer, zoning officer or director of solid
waste management, or any person designated by the city manager who shall
be charged with the administration and or enforcement of this article, has
condemned a house, building or premises as unfit for human habitation, notice shall
be given to the owner of such condemnation and the building or premises shall be
placarded as unfit for human habitation. Such notice shall:
(1) Be in writing;
(2) Include a description of the real estate sufficient for identification;
(3) Include a statement of the reasons why it is being issued;
(4) Include a description of the repairs and improvements required to bring the
condemned house, building or premises into compliance with the provisions of
health, housing maintenance or other applicable ordinances of the city or state
of South Dakota.
(d) Service of notice of condemnation shall be made by delivery to the owner
personally, or by depositing the notice in the United States mail, addressed to the
owner at its last known address, or by posting and keeping posted for 24 hours, a
copy of such notice in placard form in a conspicuous place on the condemned
premises.
(Ord. No. 7-00, § 18-48, 3-27-2000)
SECTION 42-177. Vacation of condemned houses, buildings or premises.
Any house, building or premises which has been condemned and placarded as unfit for human
habitation by the health officer, deputy health officer, any zoning officer or director of solid
waste management, or any person designated by the city manager who shall be
charged with the administration and or enforcement of this article, shall be vacated
within a reasonable time as required. No person shall occupy any house, building or premises
which has been condemned and placarded by the health officer, deputy health officer, any
zoning officer or director of solid waste management enforcing officer or its
City Council Packet
September 9, 2008
47
representative after the date set forth in the placard of condemnation. No person shall
deface or remove the placard from any dwelling or dwelling unit which has been condemned
and placarded as "unfit for human habitation." Such placard shall only be removed by the
enforcing officer or its representative.
(Ord. No. 7-00, § 18-49, 3-27-2000)
SECTION 42-178. Right of appeal from health official's determination.
The owner or any other person affected by a determination that a house, building or premises
has been condemned as unfit for human habitation shall have a right of appeal to the board of
health for investigation and review of the determination of condemnation. Such appeal shall be
in writing, shall state the objections of the person filing the appeal, shall be filed with the city
clerk within the ten days after the date of either posting, publishing, serving or mailing of the
notice of condemnation, and shall be presented to the board of health at its next regular
meeting. The board of health shall determine by resolution whether the city official proceeded
correctly, or whether any modification is necessary, and its decision shall be final and
conclusive.
(Ord. No. 7-00, § 18-50, 3-27-2000)
Secs. 42-179--42-210. Reserved.
SECTION 42-179. Historic Landmarks.
Prior to the abatement of any nuisance upon property, it shall be determined
whether the property has been designated as a state, local or national historic
property. If it is determined that the property which is the subject of nuisance
abatement is a state, local or national historic property, then the abatement may
proceed provided the provisions of Article III of Chapter 46 of the Code of
Ordinances are addressed prior to the commencement of nuisance abatement
procedures.
III.
CHAPTER 62 PARKS, RECREATION, VEGETATION AND FORESTRY
ARTICLE III. VEGETATION
DIVISION 2. WEED CONTROL*
SECTION 62-87. Notice to remove weeds or grass.
The director of parks and recreation, The A code enforcement officer or any person
designated by the city manager who shall be charged with the administration and
or enforcement of this article is authorized to notify, by any reasonable means, provide
written notice to the owner of any such lot, place or area within the city, or the agent of such
owner or the occupant of such premises, to cut, destroy or remove any such nuisance weeds
or grass found growing, lying or located on such property or upon the sidewalk abutting same.
Such notice shall be by certified first class mail addressed to the last house address of such
owner, agent or occupant.
(Code 1996, § 26-32)
City Council Packet
September 9, 2008
48
SECTION 62-88. Action upon noncompliance.
Upon failure, neglect or refusal of any owner, agent or occupant notified to comply with the
provisions of this division within five days after the mailing thereof, the a director of parks and
recreation code enforcement officer or any person designated by the city manager
who shall be charged with the administration and or enforcement of this article is
authorized and empowered to provide for the cutting, destroying or removal of such weeds or
grass and to defray the cost of the destruction thereof by billing the owner, agent or occupant
or by special assessment use of other collection procedures , including civil action, as provided
in this division.
Code 1996, § 26-33)
SECTION 62-89. Costs for grass and weed removal subject to collection.
(a) The director of parks and recreation city manager or a city official designated
by the city manager shall cause an account to be kept maintained against each lot
for the destruction of tall and undesirable grass or noxious weeds upon such lot
under the provisions of this division. Failure to remit payment of the balance of the
account within 30 days of billing shall constitute a violation of this division, and the
property owner or occupant shall be subject collection procedures in accordance
with this division.
(b) In the event of special assessment, the city clerk shall thereupon add such
assessment to the general assessment against such property and shall certify such
special assessment together with the regular assessment to the county auditor to be
collected as municipal taxes for general purposes. Such assessment shall be subject
to review and equalization the same as assessments or taxes for general purposes.
(Code 1996, § 26-34)
SECTION 62-90. Recovery by civil action of expenses.
In lieu of assessing The cost of the cutting or destruction of such noxious weeds under the
provisions of this division against such property, such amount may be recovered through
municipal or State law abatement procedures or by use of other collection
procedures, including a civil action instituted for such purpose. in a civil action or
according to SDCL against the owner or occupant of such property.
IV.
CHAPTER 74 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
ARTICLE V. SIDEWALKS
DIVISION 2. SNOW AND ICE REMOVAL
SECTION 74-213. City's cost assessed.
The city manager or a city official designated by the city manager shall cause an account
to be maintained for the property owner or occupant of each lot which requires city snow
removal. Charges incurred will be billed by the street department. Failure to remit payment of
the balance of the account within 30 days of billing shall constitute a violation of this division,
City Council Packet
September 9, 2008
49
and the property owner or occupant shall be subject to lien and collection procedures in
accordance with this article.
(Code 1996, § 33-74)
SECTION 74-214. Hearing for approval of assessment.
If such bill for snow removal is not paid before April 1 of each year, If the city manager
determines that an unpaid account for city snow removal shall be collected by special
assessment, the city official designated by the city manager shall prepare an estimate of the
assessment against such lot for the removal of snow which has not been paid by the owner or
occupant and shall submit the estimate to the city council for its approval in accordance with
the procedure for special assessments. on or before April 15 of each year and shall publish in
the official newspaper a notice to property owners of the time and place when and where the
city council will meet for the purpose of approving such estimate. Such notice shall be published
at least one week prior to the date set for such hearing.
SECTION 74-217. Recovery by city.
In lieu of spreading The cost of snow removal as a special assessment against property under
this division, in shall be at the discretion of the city. Such amount may be recovered
through municipal or State law abatement procedures or by use of other collection
procedures, including a civil action instituted for such purpose. in a civil action or
according to SDCL against the owner or occupant of such property.
(Code 1996, § 33-78)
V.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: September 9, 2008
SECOND READING: September 23, 2008
PUBLISHED:
CITY OF BROOKINGS, SOUTH DAKOTA
Scott D. Munsterman, Mayor
ATTEST:
Shari L. Thornes, City Clerk
City Council Packet
September 9, 2008
50
-- WITHOUT MARK-UPS --
ORDINANCE NO. 36-08
AN ORDINANCE AMENDING AND REVISING VARIOUS BUILDING, PROPERTY
MAINTENANCE AND NUISANCE ORDINANCES OF THE CITY OF BROOKINGS, SOUTH
DAKOTA.
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF
BROOKINGS, STATE OF SOUTH DAKOTA, THAT THE FOLLOWING SECTIONS OF THE
CODE OF ORDINANCES OF THE CITY OF BROOKINGS ARE HEREBY AMENDED AS
FOLLOWS:
I.
CHAPTER 22, BUILDING AND BUILDING REGULATIONS
ARTICLE V. PROPERTY MAINTENANCE
Division 1. Generally
SECTION 22.291. Definitions.
Building official means, any city official designated by the city manager who shall be charged with
the administration or enforcement of this article.
SECTION 22-292. Purpose of article.
The purpose of this article is to protect, promote and enhance the welfare, safety, health and
property of the general public. (Code 1996, § 10-71)
SECTION 22-293. Right of entry.
(a) Whenever necessary to make an inspection to enforce any of the provisions of this
article, or whenever the building official has reasonable cause to believe that there exists in any
building or upon any premises, any condition which is prohibited under this article, the building
official may enter such building or premises at all reasonable times to inspect or to perform any
duty imposed upon the building official by this article; provided, however, that if such building
or premises is occupied, the building official shall first present proper credentials and demand
entry; and if such building or premises is unoccupied, the building official shall first make a
reasonable effort to locate the owner or other persons having charge or control of the building
or premises and demand entry. If such entry is refused, the building official shall have recourse
to every remedy provided by law to secure entry.
(b) No owner or occupant or any other person having charge or care of any building or
premises shall fail or neglect, after proper demand made as provided in this section, to properly
permit entry therein by the building official for purpose of inspection and examination pursuant
to this article.
Division 3. Standards and Requirements
City Council Packet
September 9, 2008
51
SECTION 22-341. Maintenance of premises and buildings generally.
It shall be unlawful for any person owning, leasing, occupying, or having charge or possession of
any buildings or premises in the city to keep or maintain such building or premises in a manner
so as to be injurious to the health, or to be indecent or offensive to the senses, or to interfere
with the comfortable enjoyment of life or property.
(Code 1996, § 10-73)
SECTION 22-342. Enumeration of conditions constituting nuisance.
A building or premises is maintained or kept in a manner so as to be injurious to the health, or
to be indecent or offensive to the senses, or to interfere with the comfortable enjoyment of life
or property and is declared to constitute a public nuisance where there exists upon any building
or premises any of the following conditions:
(1) Buildings which are abandoned, boarded up, partially destroyed or partially
constructed and uncompleted subsequent to the expiration of a building
permit.
(2) Buildings with deteriorating or peeling paint that allows the exterior
building coverings to deteriorate or to permit the effects of sun and water
penetration so as to encourage decay, dry rot, warping and cracking.
(3) Broken windows, doors, attic vents and underfloor vents.
(4) Overgrown vegetation which is unsightly and/or likely to harbor rats or
vermin.
(5) Dead, decayed or diseased trees, weeds and other vegetation.
(6) Trash, garbage or refuse cans, bins, boxes, bags or other such containers
permanently stored in front yards visible from public streets.
(7) Lumber, junk, trash, tires, debris or salvage materials maintained upon any
premises which is visible from a public street, alley, or adjoining property.
(8) Abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets
or other household fixtures or equipment stored so as to be visible at
ground level from a public alley, street or adjoining premises.
(9) Premises having a topography, geology or configuration which as a result of
grading operations or improvements to the land causes erosion,
subsidence, unstable soil conditions or surface or subsurface drainage
problems as to pose a threat to or be injurious to adjacent premises.
(10) Abandoned, wrecked, dismantled or inoperative trailers, campers, boats
and other motor vehicles which are accumulated or stored in yard areas.
(11) Building exteriors, walls, fences, driveways, or walkways which are cracked,
broken, defective, or deteriorated, in disrepair or defaced.
(12) Any like and similar conditions.
II.
CHAPTER 42, HEALTH AND SANITATION
ARTICLE IV. NUISANCES AND OFFENSIVE CONDITIONS
DIVISION 2. ABATEMENT
City Council Packet
September 9, 2008
52
SECTION 42-171. Notice to abate.
(a) Issuance. Whenever the board of health, deputy health officer, director of solid
waste management, or any person designated by the city manager who shall be charged with
the administration or enforcement of this article, shall find a nuisance exists within the city, it
shall give written notice to the person creating, permitting or maintaining such nuisance to
abate the nuisance within a reasonable time as provided in such notice.
(b) Noncompliance. It shall be unlawful for any person who is served a written notice
to abate a nuisance under the provisions of this article to fail to do so within the time allowed
in such notice.
(Ord. No. 7-00, §§ 18-39, 18-40, 3-27-2000)
SECTION. 42-172. When notice waived.
Whenever the owner, occupant or agent of any premises in or upon which any nuisance may
be found is unknown or cannot be found, the board of health, deputy health officer, director of
solid waste management, or any person designated by the city manager who shall be charged
with the administration or enforcement of this article, may proceed to abate the nuisance
without notice. In either case, the expense of such abatement shall be collected from the
person who may have created, caused or permitted such nuisance to exist. (Ord. No. 7-00, §
18-41, 3-27-2000)
SECTION 42-173. By board and city officials.
If a person shall fail to abate any nuisance created, permitted or maintained by them following
written notice to them so to do, the board of health, deputy health officer, director of solid
waste management, or any person designated by the city manager who shall be charged with
the administration or enforcement of this article, shall cause such nuisance to be abated. (Ord.
No. 7-00, § 18-42, 3-27-2000)
SECTION 42-175. Recovery of expenses.
The city may recover the expenses incurred in abating any nuisance under the provisions of this
article, including costs and attorney's fees, from the person creating, permitting or maintaining
the nuisance through municipal or State law abatement procedures or by use of other
collection procedures, including a civil action instituted for such purpose.
SECTION 42-176. Notice of condemnation of premises unfit for human habitation.
(a) Whenever the health officer, deputy health officer, director of solid waste
management or any person designated by the city manager who shall be charged with the
administration or enforcement of this article, finds that any house, building or premises within
the city constitutes a hazard to the health, safety or welfare of the occupants, or to the public,
because it lacks maintenance, or is dilapidated, unsanitary, vermin-infested, rodent-infested, or
because it lacks the sanitary facilities and equipment required by city ordinances or state law,
they, or either of them, may condemn such building or premises as unfit for human habitation.
It shall be unlawful to again occupy such building until it or has been made to conform with
applicable law or is otherwise fit for human habitation.
(b) Any house, building or premises condemned as unfit for human habitation shall be
posted with a placard of condemnation by the health officer, the deputy health officer, the
City Council Packet
September 9, 2008
53
director of solid waste management, or any person designated by the city manager who shall be
charged with the administration and enforcement of this article,
(c) Whenever the health officer, deputy health officer, director of solid waste
management, or any person designated by the city manager who shall be charged with the
administration or enforcement of this article, has condemned a house, building or premises as
unfit for human habitation, notice shall be given to the owner of such condemnation and the
building or premises shall be placarded as unfit for human habitation. Such notice shall:
(1) Be in writing;
(2) Include a description of the real estate sufficient for identification;
(3) Include a statement of the reasons why it is being issued;
(4) Include a description of the repairs and improvements required to bring the
condemned house, building or premises into compliance with the provisions of
health, housing maintenance or other applicable ordinances of the city or state of
South Dakota.
(d) Service of notice of condemnation shall be made by delivery to the owner
personally, or by depositing the notice in the United States mail, addressed to the owner at its
last known address, or by posting and keeping posted for 24 hours, a copy of such notice in
placard form in a conspicuous place on the condemned premises.
(Ord. No. 7-00, § 18-48, 3-27-2000)
SECTION 42-177. Vacation of condemned houses, buildings or premises.
Any house, building or premises which has been condemned and placarded as unfit for human
habitation by the health officer, deputy health officer, director of solid waste management, or
any person designated by the city manager who shall be charged with the administration or
enforcement of this article, shall be vacated within a reasonable time as required. No person
shall occupy any house, building or premises which has been condemned and placarded by the
enforcing officer or its representative after the date set forth in the placard of condemnation.
No person shall deface or remove the placard from any dwelling or dwelling unit which has
been condemned and placarded as "unfit for human habitation." Such placard shall only be
removed by the enforcing officer or its representative. (Ord. No. 7-00, § 18-49, 3-27-2000)
SECTION 42-178. Right of appeal.
The owner or any other person affected by a determination that a house, building or premises
has been condemned as unfit for human habitation shall have a right of appeal to the board of
health for investigation and review of the determination of condemnation. Such appeal shall be
in writing, shall state the objections of the person filing the appeal, shall be filed with the city
clerk within the ten days after the date of either posting, publishing, serving or mailing of the
notice of condemnation, and shall be presented to the board of health at its next regular
meeting. The board of health shall determine by resolution whether the city official proceeded
correctly, or whether any modification is necessary, and its decision shall be final and
conclusive. (Ord. No. 7-00, § 18-50, 3-27-2000)
Secs. 42-179--42-210. Reserved.
City Council Packet
September 9, 2008
54
SECTION 42-179. Historic Landmarks.
Prior to the abatement of any nuisance upon property, it shall be determined whether the
property has been designated as a state, local or national historic property. If it is determined
that the property which is the subject of nuisance abatement is a state, local or national historic
property, then the abatement may proceed provided the provisions of Article III of Chapter 46
of the Code of Ordinances are addressed prior to the commencement of nuisance abatement
procedures.
III.
CHAPTER 62 PARKS, RECREATION, VEGETATION AND FORESTRY
ARTICLE III. VEGETATION
DIVISION 2. WEED CONTROL*
SECTION 62-87. Notice to remove weeds or grass.
A code enforcement officer or any person designated by the city manager who shall be charged
with the administration or enforcement of this article is authorized to notify, by any reasonable
means, the owner of any such lot, place or area within the city, or the agent of such owner or
the occupant of such premises, to cut, destroy or remove any such nuisance weeds or grass
found growing, lying or located on such property or upon the sidewalk abutting same.
SECTION 62-88. Action upon noncompliance.
Upon failure, neglect or refusal of any owner, agent or occupant notified to comply with the
provisions of this division code enforcement officer or any person designated by the city
manager who shall be charged with the administration or enforcement of this article is
authorized and empowered to provide for the cutting, destroying or removal of such weeds or
grass and to defray the cost of the destruction thereof by billing the owner, agent or occupant
or by use of other collection procedures, including civil action, as provided in this division.
(Code 1996, § 26-33)
SECTION 62-89. Costs for grass and weed removal subject to collection.
The city manager or a city official designated by the city manager shall cause an account to be
maintained against each lot for the destruction of tall and undesirable grass or noxious weeds
upon such lot under the provisions of this division. Failure to remit payment of the balance of
the account within 30 days of billing shall constitute a violation of this division, and the property
owner or occupant shall be subject collection procedures in accordance with this division.
(Code 1996, § 26-34)
SECTION 62-90. Recovery of expenses.
The cost of the cutting or destruction of such noxious weeds under the provisions of this
division against such property may be recovered through municipal or State law abatement
procedures or by use of other collection procedures, including a civil action instituted for such
purpose.
IV.
City Council Packet
September 9, 2008
55
CHAPTER 74 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
ARTICLE V. SIDEWALKS
DIVISION 2. SNOW AND ICE REMOVAL
SECTION 74-213. City's cost assessed.
The city manager or a city official designated by the city manager shall cause an account to be
maintained for the property owner or occupant of each lot which requires city snow removal.
Failure to remit payment of the balance of the account within 30 days of billing shall constitute a
violation of this division, and the property owner or occupant shall be subject to lien and
collection procedures in accordance with this article.
(Code 1996, § 33-74)
SECTION 74-214. Hearing for approval of assessment.
If the city manager determines that an unpaid account for city snow removal shall be collected
by special assessment, the city official designated by the city manager shall prepare an estimate
of the assessment against such lot for the removal of snow which has not been paid by the
owner or occupant and shall submit the estimate to the city council for its approval in
accordance with the procedure for special assessments.
SECTION 74-217. Recovery by city.
The cost of snow removal shall be at the discretion of the city. Such amount may be recovered
through municipal or State law abatement procedures or by use of other collection procedures,
including a civil action instituted for such purpose.
V.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: September 9, 2008
SECOND READING: September 23, 2008
PUBLISHED: September 26, 2008
CITY OF BROOKINGS, SOUTH DAKOTA
Scott D. Munsterman, Mayor
ATTEST:
Shari L. Thornes, City Clerk
City Council Packet
September 9, 2008
56
Alcohol Licenses:
9. Action on Resolution No. 69-08, authorizing the City
Manager to enter into a Wine Operating Agreement for
Halstead’s Natural Bakery & Restaurant, LLC., 417 Main
Avenue, Zach Halstead, owner.
Zach Halstead, owner of Halstead’s Natural Bakery & Restaurant, has applied for both a
wine operating agreement and malt beverage license for his new business located at 417
Main Avenue. A letter from Mr. Halstead is enclosed explaining the business. An
operating agreement is required for wine licenses. Resolution 69-08 allows the City
Manager to enter into the first five years of the 10-year agreement effective through
2013. This license would be subject to annual state renewal in December. The
Brookings Police Department does not have any concerns regarding this application. If
approved, the application would be forwarded to the State Department of Revenue for
final action and issuance of the license.
Listed below is specific information related to a wine license request and other
procedures that are following with an application. Note that restaurant requirements
for wine have been eliminated in state law.
City Ordinances:
Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances pertaining to
Application Review Procedure. The City Council shall review all applications submitted to the
City for available On-Sale Alcoholic Beverage Agreements and for On-Sale Malt Beverage and
Wine Licenses in accordance with SDCL 35-2 and in accordance with the following factors:
(a) Type of business which applicant proposes to operate:
On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and
Wine Licenses may not be issued to convenience grocery stores, gas stations, or other
stores where groceries or gasoline are sold unless it can be established that minors do
not regularly frequent the establishment.
(b) The manner in which the business is operated:
On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and
Wine Licenses may not be issued to establishments which are operated in a manner
which results in minors regularly frequenting the establishment.
(c) The extend to which minors are employed in such a place of business:
On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and
Wine Licenses may not be issued to convenience grocery stores, gas stations, or other
stores where groceries or gasoline are sold and which regularly employ minors.
City Council Packet
September 9, 2008
57
(d) The adequacy of the police facilities to properly police the proposed location:
The City Council shall inquire of the Police Chief whether the Police Department can
adequately police the proposed location.
(e) Other factors:
The hours that business is conducted shall be considered by the City Council in its
review of applications for on-sale alcoholic beverage operating agreements and on-sale
malt beverage and wine licenses
Action: Motion to approve, request public comments, Roll Call
City Manager Recommendation – Approve
City Council Packet
September 9, 2008
59
Resolution No. 69-08
Halstead’s Natural Bakery & Restaurant, LLC
Wine Operating Agreement
BE IT RESOLVED by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Agreement for the Operating Liquor Management Agreement for Wine
between the City of Brookings and the Halstead’s Natural Bakery & Restaurant, LLC 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 417 Main Avenue.
BE IT FURTHER RESOLVED that the City Manager be authorized to execute the
Agreement on behalf of the City, which shall be for a period of five (5) years and renewal for
another five (5) years.
Passed and approved this 9th day of September 2008.
CITY OF BROOKINGS
Scott D. Munsterman, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
September 9, 2008
60
Alcohol Licenses:
10. Action on an on-sale malt license for Halstead’s Natural
Bakery & Restaurant, LLC., 417 Main Avenue, Zach
Halstead, owner.
Zach Halstead, owner of Halstead’s Natural Bakery & Restaurant, has applied for both a
wine operating agreement and malt beverage license for his new business located at 417
Main Avenue. This license would be subject to annual state renewal in June 2009. The
Brookings Police Department does not have any concerns regarding this application. If
approved, the application would be forwarded to the State Department of Revenue for
final action and issuance of the license.
Listed below is specific information related to a malt license request and other
procedures that are following with an application:
City Ordinances:
The following is the City Code of Ordinances pertaining to Application Review
Procedure.
The City Council shall review all applications submitted to the City for available On-Sale
Alcoholic Beverage Agreements and for On-Sale Malt Beverage and Wine Licenses in
accordance with SDCL 35-2 and in accordance with the following factors:
(a) Type of business which applicant proposes to operate:
On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt
Beverage and Wine Licenses may not be issued to convenience grocery
stores, gas stations, or other stores where groceries or gasoline are sold
unless it can be established that minors do not regularly frequent the
establishment.
(b) The manner in which the business is operated:
On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt
Beverage and Wine Licenses may not be issued to establishments which
are operated in a manner which results in minors regularly frequenting
the establishment.
(c) The extend to which minors are employed in such a place of business:
On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt
Beverage and Wine Licenses may not be issued to convenience grocery
stores, gas stations, or other stores where groceries or gasoline are sold
and which regularly employ minors.
(d) The adequacy of the police facilities to properly police the proposed location:
The City Council shall inquire of the Police Chief whether the Police
Department can adequately police the proposed location.
(e) Other factors:
City Council Packet
September 9, 2008
61
The hours that business is conducted shall be considered by the City
Council in its review of applications for on-sale alcoholic beverage
operating agreements and on-sale malt beverage and wine licenses
State Law Information:
SDCL 35-2-1.2 provides all applications for retail licenses …shall be submitted to the
governing board of the municipality within which the applicant intends to operate…The
governing board: “shall have discretion to approve or disapprove the application
depending on whether it deems the applicant a suitable person to hold such license and
whether it considers the proposed location suitable.”
SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees:
“Any license under this title…must be a person of good moral character, never
convicted of a felony, and, if a corporation, the managing officers thereof must have like
qualifications.”
Procedure for issuance of licenses:
Procedurally, SDCL 35-2-3 provides that “no license for the on or off-sale at retail of
alcoholic beverages…shall be granted to an applicant for any such license, except after
public hearing, upon notice.” SDCL 35-2-5 provides the procedure for the time and
place of hearing and for publication of notice. If an application for a license is refused,
“no further application may be received from a person until after the expiration of one
year from the date of a refused application.”
Summary:
SDCL and case law support the premise that the decision to issue an alcoholic beverage
license is discretionary. The City can assess the character of the applicant and whether
the location is suitable. A person convicted of a felony is prohibited from applying for a
license; therefore, a convicted felon would fail the character test. In determining suitable
location, the Council may involve the determination of whether the location is suitable
consistent with the procedure developed through South Dakota Case Law. This
includes the manner in which the business is operated; the extent to which minors
frequent or are employed in such place of business; the adequacy of the police facilities
to properly police the proposed location, and other factors associated with the sale of
alcoholic beverages.
Action: Motion to approve, request public comment, roll call
City Manager Recommendation – Approve
City Council Packet
September 9, 2008
62
Public Hearings, Second Readings, Ordinances:
11. Ordinance No. 33-08, 2009 Budget Ordinance, an
Ordinance appropriating Monies to Fund the necessary
expenditures and liabilities of the City of Brookings for
the 2009 Fiscal Year and providing for the annual tax levy
and annual tax for all funds.
The following enclosures are provided for the 2009 City of Brookings Budget
Ordinance:
1) City Manager Budget Message
2) Ordinance No. 33-08
3) Budget Document
4) Chart – General Fund Revenue by Type
5) Chart – 2009 General Fund Budget by Departments
6) Chart – 2009 Capital Expense by Type for All Funds
Action: Motion to Approve, Request Public Comment, Roll Call
City Manager Recommendation - Approve
Jeffrey W. Weldon
City Manager
September 2, 2008
Honorable Mayor and City Council Members
City of Brookings
311 Third Avenue
Brookings, SD 57006
RE: 2009 Budget Message
Dear Mayor Munsterman, City Council Members, and Citizens of Brookings:
It is with great pleasure I submit to you for your review and subsequent approval, the proposed
operating and capital budget for the City of Brookings for fiscal year 2009; exclusive of the
municipal utilities and hospital. This is my first budget presented to you as your City Manager
and I believe it accurately and responsibly sets forth our budgetary priorities for operating the
City of Brookings for the coming year.
The process staff used was to utilize historical data as a baseline for projecting future
expenditures and revenues, then suggest changes reflective of circumstances and the economy.
In every situation, we used the policies embodied in the Governance and Ends Policy as our
guide in developing expenditure targets. Conservative but realistic projections based on
quantitative assumptions and experience has guided our numbers. The department heads did an
excellent job of preparing their budgets. Their knowledge of their departments and operations
was instructive in educating me about their operations.
The General Fund, which is the primary fund which runs the day-to-day operations of the City, is
balanced at $13,772,158 in revenue, $13,770,781 in expenditures, and $60,000 in fund
contingency. This is an increase over 2008 of $1,838,879 or 15 percent in revenue and an
increase of $1,084,143 or 9 percent in expenditures. The total for all funds is $30,364,300; a
2009 General Fund Budget by Department
Fire DepartmentRecreation
Parks
Street Department
Police Department
Transfer Out to Other
Funds
Mayor & Council
Human Rights
City Clerk
Disability
Non-Departmental
City Manager
City Attorney
Human Resources
Finance
Information Technologies
General Government Buildings
Community Development
Engineering
Police Department
Fire Department
Emergency Management
Traffic Safety
Street Department
Animal Control
Recreation
Parks
Forestry
Library
Historic Preservation
Appropriations/Subsidies
Transfer Out to Other Funds 63
reduction of 10 percent from 2008 due to the Main Avenue Streetscape project and the
anticipated $4 million disbursement for the DOT property. In accordance with the Governance
and Ends Policy, general operations were adjusted using the Midwest Consumer Price Index
(CPI).
Midwest CPI of 4 percent except for energy-related and insurance items was used as a
guideline.
Energy-related items for electricity, heat, and other items a CPI of 5.8 percent.
Gasoline and diesel fuel used a CPI of 20.8 percent.
Health insurance was budgeted at estimated increase of 10 percent.
Let’s take a closer examination at specific aspects of the budget.
Revenues
GENERAL FUND REVENUE BY TYPE
Real Estate Taxes
Bank Franchise Taxes
Sales Tax
State Taxes
County Taxes
Licenses
Interest Income
Rental Income
Transfers
Fees
Grants
Donations
Fines
Miscellaneous Income
Concessions
Revenue from property taxes is projected to increase by twenty percent based on information
from the County Auditor. This is a reflection of more developable property coming on-line for
tax purposes. Sales tax revenue is projected to h
still estimated below our record 2007 actual amou
million for first penny. A continued sluggish
by increasing gas costs will eat into disposab
income, and retail purchases are usually t
expenditures to be reduced. This revenue str
cyclical. The transfer from BMU is expecte
to $1.842 million in 2009 from $1.741 in 200
bed, board, and booze (BBB) tax at one per
grown dramatically this year and is expected t
with at least one additional hotel coming on lin
This revenue stream finances capital and oper
associated with community promotions.
We are also budgeting an increase in the cable franchise television fees in two areas. First
the advent of Swiftel Communications in
ave a thirteen percent increase over 2008 but is
nt of $4.93
economy dogged
le household
he first
eam is most
d to increase
8. The
cent has
o increase
e next year.
ating costs
, with
to the video, federal telecommunications law requires
s to charge them the same franchise fee we charge incumbent cable competitors. In this case, it
levels
ropriate. Our goal of fees is the recovery of the actual
osts of special benefit services provided. While general benefit services should be financed by
r
u
is Mediacom. Federal law also authorizes us to charge up to five percent of gross revenues for
the fee. We currently charge Mediacom three percent. I am recommending an increase to five
percent. With the increasing costs of managing public rights-of-ways as a result of cable
companies, this increase is justified.
With regard to other miscellaneous fees, staff is undertaking an annual evaluation of their
and recommending changes where app
c
the general taxpayers because they benefit everyone, special benefit services should be financed
by parties requesting the specific service and should be at a sufficient level to adequately cove
the cost of providing them. Several fees and service charges were adjusted in 2008 and staff is
not recommending any substantive changes in them for 2009. They will be reviewed again for
the 2010 budget.
64
Personnel
As a labor-intensive business, employees are our single-biggest expenditure; and represent the
human” capital of our mission. I believe it is absolutely vital we provide and maintain
n and pay plans that enable us to attract and retain a qualified workforce. Vacancies
r all
he Midwest CPI. The Brookings
chool District approved teacher contracts of 5.25 percent and Brookings County is projecting
ental
en percent increase in
remiums. We are exploring options for plan re-design that can help make the insurance more
s
eet
d a new department head position which I am
alling a Community Development Director. The
budget proposal provides for the additional full-time
street maintenance technician mid-year. My reason for
adding this position is as follows: First, our current
street maintenance workforce is down one person from
2000 when a staffing cutback was made and never
restored. Second, since 2000, we have added 20 lane
miles of streets, curb and gutter, storm drainage, and
other related amenities. Third, I do not want to
compromise response time on snow removal and other
street-related services beyond our current policy level.
I rejected the request for the full-time forestry
technician; however, I did increase the temporary pay
allowing for an increase in seasonal labor to help with
forestry needs. This staffing request will be re-
evaluated for the 2010 budget. I likewise rejected the
additional patrol officer request. I was not persuaded
the need exists at this point in time either by service
levels or crime statistics, especially since we have the
aid of eight additional officers through UPD.
“
compensatio
caused by poor morale, turnover, lack of qualified applicants, poor pay or working conditions
only add to our expenses later. However, we need to be always watchful of the market fo
our positions and set our pay plan according to the market.
The proposed budget provides for a cost-of-living base adjustment of 3.25 percent. This is
consistent with the Governance and Ends Policy as well as t
S
3.5 percent. In addition to this base adjustment, the budget includes provisions for supplem
salary adjustments of step advancement through the pay plan for eligible employees as well as
performance-based pay adjustments for employees not on the step plan. I will be re-negotiating
both employment contracts in 2009 as they need to be renewed for 2010.
Health insurance continues to be a substantial problem for employers and employees alike.
While we have not yet received our quote for 2009, we are anticipating a t
p
affordable for both employer and employee yet responsive to the medical needs of employee
and their families.
I received four requests for new employees; a str
maintenance technician, a forestry technician, a patrol
officer, an
FY 2008 FY 2009
Mayor & Council 7 7
City Clerk 3 3
City Manager 1 1
Human Resources 2 2
Finance 4 4
Information Technology 1 1
Community Development 0 5
Airport 2 2
Engineer 8.7 4.7
Police 30 30
Fire 3 3
Enhanced 911 7 7
Street 13 14
Animal Control 1 1
Recreation 4.25 4.25
Park 10.75 10.75
Forestry 4 4
Library 10.75 10.75
Storm Drainage 1.3 1.3
Liquor 6 6
Solid Waste Collection 6 6
c
Solid Waste Disposal 7 7
Total 132.75 134.75
65
However, I believe we will need an additional investi
Finally, I am proposing a new department head position that will focus on an area where I
believe we need more “horsepower” because of the workload. The position of Director of
Community Development would oversee all comprehensive development issues and keep us
ahead of the development curve so we are proactive instead of reactive. This position would
interact most frequently as a team with the City Engineer and Economic Development Director
to administer the comprehensive plan, manage tax increment projects, any “brownfield”
reclamation projects, annexations, business recruitment and d
gator
evelopment, and work with
evelopers on the front-end of all types of development, as well as many special projects. To
ands of
nges in the strategic plan, we need to
arshal the resources to address these challenges if they are to be accomplished. I anticipate this
ty
n
in 2010.
d
balance the workload, planning & zoning administration and code enforcement would be
transferred from Engineering to this new department. Existing clerical staff would be shared.
I am recommending this because additional resources are needed to keep up with the dem
a growing community, and will increase the efficiency of the rest of us currently working on
these issues. As illustrated by our ambitious list of challe
m
position will require a person with experience in planning, land use, business and communi
development and would command a salary commensurate with Pay Grade 10 of our pay pla
($66,000-$89,000).
Subsidy requests
The proposed budget primarily holds constant the level of subsidy requests from 2008. T
transfers to our economic development partners such as Brookings Economic Developmen
Corporation, Chamber of Commerce, Downtown Brookings, Inc. and the Growth Partnership a
all at the same level as 2008. You will recall BEDC was increased significantly in 2008 fr
2007 with the advent of a special initiative for retail development. With regard to transportation
he
t
re
om
with the exception of BATA which requested
0.
services, each was funded as they requested
Capital by Type for All Funds
$50,000 and I increased this amount by $10,000 for fuel costs to $60,000. The Boys and Girls
Club requested $125,000 and I am recommending funding them at the current level of $75,00
Capital Improvements
As a growing community, it should be no
surprise we will experience an aggressive
st of capital improvements for equipment,
nds. The five-year
li
Total Motor Vehicles &
Equipmentbuildings, and grou
Total Facilities and Parks
Total
Streets/Sidewalks/Drainag
capital improvement program plans are
expensive but necessary. They are
strategically-scheduled to be affordable and
programmable within our operations. Our
goal with vehicles and equipment is to get as
much use from them as we can while
making sure they are dependable and economical during their life cycle.
e
Total Office Equip & Software
Leases
66
One major capital improvement that is an emergency, is a replacement of an aerial bucket truck
nt ($135,000). This item was unanticipated as we planned to trade it in
d a crucial safety inspection and cannot be used or
to be replaced. Another major improvement is a
ssociation (BISA) for storage rooms (future
and mezzanine ($500,000) to the North side of the
tal and would be split with BISA. Most park
ept for the development of Camelot Park ($135,000) with a
bike trail connections. Finally, a major “wild card”
hile the outcome of the dual-track determination
quisition ($2.8 million) will be necessary for either
ill be dramatically different depending upon which option
cks
items.
for the Forestry Departme
within two years but we just learned it faile
retrofitted in its current condition. It needs
partnership with the Brookings Ice Skating A
dressing rooms), concrete deck seating
Larson Ice Center. This amount is the to
improvements will be incidental exc
street, parking lot, playground amenities, and
in the CIP is the airport land acquisition. W
should be known early in the year, property ac
option. The amounts of land needed w
is selected.
Annual revenues dedicated to build capital funds for railroad safety improvements and fire trucks
are preserved under this budget proposal. Our five-year CIP for fire truck replacement provides
for replacing a 1971 pumper in 2010 with cash, and the aerial ladder in 2013. Two additional
pumpers need to be replaced in the years following, but our current debt service on the fire tru
will be retired by then and such debt service capacity could be rolled-over to finance those
Outstanding indebtedness
The budget contains sufficient revenue to meet our current obligations of previously-approved
debt service for various bonds. The following are our current levels of outstanding indebtedness
beginning with 2009.
Project Total O/S debt service Last Year Financing
Aquatic Park nd $1,016,400 2011 75% 2 penny
etail incentive $1,174,650 2012 75% 2nd penny
ur statutory debt limit even though these pay-as-you-go TIF districts provide for developer
ose amounts are $535,000 for Phase I of TID #3 ($700,000 for
capital expenditures beyond our capability to complete in one year, we
ill need to look at the issuance of additional debt. Such capital improvements may likely be for
rt, sto drai SU res ailr ad crossing
expansion,
itionally, we
at require
cash flow
roject, its
ost and corresponding scheduling needs. We currently enjoy a bond rating of A and we should
R
Swiftel/Library $4,659,480 2013 75% 2nd penny
Ice Arena/PAC $11,887,871 2021 75% 2nd penny
Fire truck leases $1,107,015 2013 25% 2nd penny
The establishment of Tax Increment Districts 3 and 4 will also add debt that is counted against
o
reimbursement to the City. Th
Phase II), and $475,000 for TID #4.
As we anticipate future
w
the airpo rm nage improvements, SD earch park infrastructure, r o
safety improvements, joint city-county law enforcement space needs, Swiftel Center
utility extensions, and re-location of the south fire station, just to name a few. Add
could be facing infrastructure extensions into new commercial or industrial areas th
bonding. Ideally, we could add new debt service as the old debt is retired for better
management. The feasibility of that, however, is problematic depending upon the p
2c
67
do everything we can to preserve that amount which will give us the lowest interest rate on
borrowing and the highest credit rating for financial stability.
Enterprise Fund Operations
Enterprise fund activity for Solid Waste Collection and Disposal will continue with few changes
ly for us and generates a profit
hich we transfer to the general fund of $145,000 per year. Scheduled improvements to the R &
fications to improve the efficiency of the building. This is the
der
t,
ver
turf
e executive nine-hole course, and sprinkler control replacement are an important
art. In the future, more marketing, new signage on 22nd Avenue, re-construction of some
pecial Revenue Fund
with a transfer to the general fund of $440,000 from the disposal side of the operation. The
Brookings Municipal Liquor Store is expected to see increased sales with a scheduled transfer to
the general fund of $420,000 from the override and retail sales. An increase in advertising,
restaurant licenses, and a reduction in overhead costs will help the liquor store reach the net sales
profit goals. The airport operations require a general fund subsidy since little or no revenue is
generated at the airport. Airport operations will remain relatively static unless scheduled air
service returns which will cause a significant change in the operation and financing of the
airport. As with the past few years, much airport activity will revolve around capital
improvements.
The Research and Technology Center continues to function nice
w
T Center are some HVAC modi
first significant re-investment we have made since the building was constructed.
Finally, a major change in the budget proposal is the extrapolation of Edgebrook Golf Course
from the park budget to a stand-alone public enterprise budget. The operation will remain un
the direction of the Department of Parks, Recreation, & Forestry. At this point, the golf course
requires a subsidy of $145,000. This is down from an estimated subsidy in 2008 of $184,000.
My budgetary goal is to grow the popularity of the golf course to a break-even position at firs
and eventually, a profit center. Strategic improvements and changes will need to be made o
time but this year’s capital improvements such as the new cart paths, more aggressive
management, th
st
bunkers, some elevated tee-boxes, irrigation improvements, water fountains, and club house
improvements should be anticipated. Unfortunately, the schedule for raising revenue for golf
courses is very small and the revenue stream is extremely dependent upon weather.
S
h
The Storm Drainage Fund is expected to generate approximately $500,000 per year which is
used for operations/maintenance of the system, land acquisition, and structure construction. The
fee was increased significantly two years ago and this budget does not envision a fee increase. A
potential increase will be analyzed for 2009. Our current practice is to spend down the fund eac
year as our needed improvements far outstrip the revenue to pay for everyone in any year.
Future capital projects
Many of the issues that dominated our agenda this year will be center stage again next year.
With a final decision on the location of the Airport, improvement costs at the current locatio
will exceed a gross amount of $13 million and $23 million for the township site. Because of
availability of federal funding, the net cost to the city is estimated at $2.5 million. The budget
n
the
68
provides for financing the initial property acquisition at $2.7 million with commensurate
he pending sale of the DM & E Railroad to Canadian Pacific Railway has left us wondering
g with on rail crossing improvements. We have identified short-term
st
e
ill be
-4 over the next three years. Phase II will occur during this budget period
nd will require the issuance of new debt by the City through a state loan program. The debt
e such
e tax increment revenue is a much more preferable revenue stream than sales
nd use tax.
ialogue about this project.
erformance Measurement
reimbursement later.
Having completed the Storm water Management Master Plan, we will need to prioritize the
numerous projects delineated in the plan which tops $23 million in needed construction
improvements.
T
who we need to be workin
solutions of additional crossing arms and prioritized 22nd Avenue and Main Avenue as the mo
immediate needs. We continue to set aside funds for crossing arm improvements in the event w
can assemble a new Community Partnership Agreement to improve these safety issues.
With Phase I infrastructure of the SDSU Innovation Campus about to start, city funding w
necessary for phases 2
a
would be backed up either by tax increment revenue from new development within the tax
increment district or, absent that revenue stream, sales and use tax. We need to encourag
development as th
a
By the time this budget is effective the Swiftel Center validation feasibility study will be
complete and the results known. The new budget year will be one of deciding next steps for this
potential expansion project. The budget contains no funding for consultants or possible next
steps for this project and we will need additional discussion about initiating a community
d
The budget does contain funding for a new regional initiative, the I-29 Corridor Economic
Growth Strategy. This is an intergovernmental initiative aggregating local units of government,
economic development agencies, and research and higher education facilities to leverage
resources for regional economic growth. The budget includes funding at $20,000 for our
participating membership.
P
ity
best
in order for it to be sustainable.
ifiable,
We will be continuing our efforts to intensify our performance measurement process on c
services. Instituting methods of measuring and documenting accountability and cost-benefit is
fundamental to improving the efficiency and effectiveness of what we do. Clearly, what gets
measured, gets done! Performance measurement is a complex and difficult process; and is
accomplished incrementally
Performance measures are expected to ensure programs and services are being achieved with
their intended results at a reasonable cost to the taxpayer. We are in year two of writing and
tracking our performance measures. As the information becomes more reliable, valid, ver
and understandable the information needs to be incorporated into the decision-making and
budgeting processes.
69
70
Conclusion
This budget proposal is designed to provide the means of financing our basic core services to
desired levels, special “stretch” initiatives that keep us in the forefront of municipal leadership,
and allows us to implement our strategic plan within allowable resources. Our fundamental go
is to maximize efficiencies to get the most public service out of every taxpayer dollar while
making sure we are properly reinvesting where necessary to b
al
e good stewards of the public’s
vestment.
of
cted
hip you are providing for the City of Brookings on the crucial issues that
llow us to continue to “move the needle” forward.
one of those inspirational plaques that I believe captures the essence of excellence.
read: “Excellence is the result of caring more than others think is wise; risking more than
ITY OF BROOKINGS
in
I would like to thank the staff for their diligent work in preparing their respective components
this budget. This process was extremely helpful to me in learning more about the details of
departmental operations as we move forward. Finally, I would also like to thank you as ele
officials for the leaders
a
Clearly, our strategic plan illustrates the magnitude of the issues we face; and while the
challenges are substantial, the consequences of inaction will certainly prove devastating. We
must be assertive enough to take a reasonable level of risk, yet bold enough to be willing to make
a difference and leave Brookings better than when we found it in our pursuit of excellence.
I recently saw
It
others think is safe, dreaming more than others think is practical, and expecting more than others
think is possible.” That statement could well be a mantra for all of us in local public service.
Sincerely,
C
Jeffrey W. Weldon
City Manager
t Ordinance No 33-08Fiscal Year 2009 Appropriation OrdinanceAn Ordinance appropriating Monies to Fund the necessary expenditures and liabilities ofthe City of Brookings for the 2009 Fiscal Year and providing for the annual tax levy and annual tax for all funds.Section IBE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTA THAT the following funds are appropriated to meet the obligations of the Municipality: General Special Assessment Storm Drainage BBB Tax Public Improvement Sales/Use Tax E-911 Retail & Industrial Library Fines & Donations Swiftel Center Capital Project Total All Funds General Government Policy & AdministrationMayor/Council59,759 59,759 City Manager159,008 159,008 Special Committees7,315 7,315 City Clerk/Elections229,674 229,674 City Attorney69,600 69,600 Total Policy & Administration525,356 - - - - - - - - - 525,356 Financial AdministrationFinance401,229 401,229 Human Resources Managemen189,249 189,249 Total Financial Administration590,478 - - - - - - - - - 590,478 OtherBuildings244,255 244,255 Data Processing131,930 131,930 Non-departmental168,692 168,692 Contributions to Other408,034 637,000 1,045,034 - - Total Other952,911 - 637,000 - - - - - - - 1,589,911 Total General Government2,068,745 - 637,000 - - - - - - - 2,705,745 Public SafetyPolice 2,480,331 2,480,331 Fire827,703 827,703 E-911- 416,843 416,843 Emergency Management4,000 4,000 Traffic Safety27,666 27,666 - - Total Public Safety3,339,700 - - - - 416,843 - - - - 3,756,543 71
General Special Assessment Storm Drainage BBB Tax Public Improvement Sales/Use Tax E-911 Retail & Industrial Library Fines & Donations Swiftel Center Capital Project Total All Funds Public WorksCommunity Development352,024 352,024 Engineering412,781 412,781 Streets2,381,645 40,000 725,000 3,146,645 Storm Drainage526,331 526,331 Special Assessment Projects400,000 400,000 Total Public Works3,146,450 926,331 - 40,000 - - - - - 725,000 4,837,781 Health and WelfareAnimal Control92,634 92,634 Total Health and Welfare92,634 - - - - - - - - - 92,634 Culture & RecreationEvent Center- 1,607,615 1,607,615 Recreation804,127 804,127 Parks2,148,792 2,148,792 Forestry471,734 471,734 Library929,199 70,000 999,199 Historic Preservation28,600 28,600 - Boys & Girls Club Capital Improve100,000 100,000 Total Culture & Recreation4,382,452 - - 100,000 - - - 70,000 1,607,615 - 6,160,067 Conservation & DevelopmentIndustrial Development150,000 15,000 165,000 Promoting the City40,000 40,000 - Total Conservation & Development- 40,000 150,000 - - 15,000 - - - 205,000 Debt ServicePrinciple Payments1,678,0001,678,000 Interest Payments682,707 682,707 Service Costs1,200 1,200 Lease Payments- Total Debt Service- - - 2,361,907 - - - - - - 2,361,907 Total Appropriations13,029,981 926,331 677,000 2,651,907 - 416,843 15,000 70,000 1,607,615 725,000 20,119,677 72
e Estimate Fund Bal-12/31/082,395,668 1,035,665 425,083 4,701,683 602,393 40,893 2,236,882 128,473 37,393 - Total Revenues9,368,827 796,549 630,000 3,594,450 1,183,750 170,000 58,500 62,000 1,220,926 584,000 17,669,002 General Special Assessment Storm Drainage BBB Tax Public Improvement Sales/Use Tax E-911 Retail & Industrial Library Fines & Donations Swiftel Center Capital Project Total All Funds Transfers OutFrom General to Airport153,000 153,000 From General to Swiftel Center300,000 300,000 From General to Edgebrook 145,000 145,000 From General to Special Assess100,000 100,000 From General to Storm Drainag42,800 42,800 From Public Improvement to Capital135,000 135,000 From Sales/Use Tax to Capital70,000 1,421,331 1,491,331 From Sales/Use Tax to E-911226,843 226,843 From Public Improv to Capital Project141,000 141,000 From BBB to I-29 Corridor20,000 20,000 From BBB to Swiftel Center16,689 16,689 Total Transfers Out740,800 - 36,689 346,000 1,648,174 - - - - - 2,771,663 SPECIAL RESERVES- TOTAL APPROPRIATIONS &TRANSFERS13,770,781 926,331 713,689 2,997,907 1,648,174 416,843 15,000 70,000 1,607,615 725,000 22,891,340 Section IIThe Following designates the application of funds derived from the sources indicated: Special Assessment Public Retail & Library Fines & Swiftel Capital Total All Funding General Storm Drainage BBB Tax Improvement Sales/Use Tax E-911 Industrial Donations Center Projects Funds 2007 Fund Balance7,896,907 712,408 417,793 6,169,173 1,562,710 33,325 1,878,745 144,025 37,393 - 18,852,479 11,604,132 - Taxes7,385,600 630,000 3,506,250 1,168,750 12,690,600 Special Assessments- 786,355 786,355 Licenses & Permits233,200 233,200 Intergovernmental439,780 - 170,000 609,780 Charges for Goods & Services432,104 432,104 Sale of Land- 50,000 50,000 Miscellaneous512,643 10,194 42,000 15,000 8,500 2,000 1,220,926 1,811,263 Grants/Donations299,500 46,200 30,000 584,000 959,700 Fines & Forfeitures66,000 30,000 96,000 73
Total Transfers In4,403,331 142,800 50,000 - - 226,843 - - 386,689 141,000 5,350,663 Proceeds from DebtTotal Debt ServiceTotal Means of Finance13,770,781 926,331 713,689 2,997,907 1,648,174 416,843 15,000 70,000 1,607,615 725,000 22,891,340 Fund Balance Retained2,397,045 1,048,683 391,394 5,298,226 137,969 20,893 2,280,382 120,473 37,393 - 11,732,458 Transfer in from General Fund145,000 153,000 298,000 Special Assessment Public Retail & Library Fines & Swiftel Capital Total All Funding General Storm Drainage BBB Tax Improvement Sales/Use Tax E-911 Industrial Donations Center Projects Funds Transfers InFrom General Fund142,800 300,000 442,800 From BBB16,689 16,689 From Utility1,842,000 50,000 1,892,000 From Liquor420,000 420,000 From Landfill440,000 440,000 From Sales/Use 1,556,331226,843 1,783,174 From Sales/Use-Capital Improvement70,000 141,000 211,000 From Research & Technology145,000 145,000 DebtSection IIIThe following Budget and Means of Finance for the Enterprise Funds of the City of Brookings are hereby approved and shall be in full force and effect from and after its passage and publication.LiquorEdgebrookAtirpor Solid WasteSolid WasteR & T I-29Motor TOTALENTERPRISE FUNDSStoreGolfCollectionsDisposalCenterCorridorPool2007 Net Assets1,253,133 - 3,485,380 678,672 5,844,346 1,872,493 - 22,899 13,156,923 Estimated Retained Earnings 12/31/08143,378 - (4,034) (17,195) 4,654 (5,409) (16,165) 105,229 Net Sales1,279,000 308,450 8,800 935,500 2,000,050 4,531,800 Charges for Services4,200 4,200 Rental Income5,200 9,600 30,500 6,400 214,000 2,320 268,020 Interest Income5,000 1,000 20,000 600 52 26,652 Miscellaneous Income- 19,475 50,000 230,000 299,475 Grants/Loans3,227,070 3,227,070 Transfer in from SWD- Transfer in from BBB Fund20,000 20,000 74
Total Means of Finance for 20081,432,578 463,050 3,439,011 919,305 2,081,104 209,191 250,000 (13,793) 8,780,446 Total Expenses Before Transfer652,763 461,092 3,447,079 953,695 1,631,796 75,009 250,000 1,526 7,472,960 Transfer to SWCTotal Expenses & Transfers Out1,072,763 461,092 3,447,079 953,695 2,071,796 220,009 250,000 1,526 8,477,960 Estimated Ending Net Assets 20091,612,948 1,958 3,477,312 644,282 5,853,654 1,861,675 - 7,580 13,459,409 and State LawPublished: September 12, 2008Attest:City of BrookingsShari Thornes, City ClerkMayor, Scott Munstermanand after its passage and publication.County, in the manner provided for by law. The property tax levy is $2,400,000.LiquorEdgebrookAtirpor Solid WasteSolid WasteR & T I-29Motor TOTALENTERPRISE FUNDSStoreGolfCollectionsDisposalCenterCorridorPoolPersonal Services389,698 216,236 157,905 409,517 446,734 1,620,090 Operating Expenditures256,065 173,306 297,743 544,178 775,062 41,009 250,000 1,526 2,338,889 Capital Purchases/Projects7,000 71,550 2,991,431 - 410,000 34,000 3,513,981 Transfer to General Fund420,000 440,000 145,000 1,005,000 Section IVThe City Manager is hereby directed to certify the following amount of property tax levy made in this Ordinance to the County Auditor of Brookings Section VThe City Manager is hereby directed to administer the 2009 Budget in accordance with Established Policies, Ordinances, the City Charter, Section VIThis Ordinance is declared to be for the support of the City Government and its existing public institutions and shall be in full force and effect from First Reading: August 26, 2008Second Reading: September 9, 2008Approved and Adopted: September 9,200875
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
NONDEPARTMENTAL REVENUE
1,828,095 2,000,000 2,000,000 101-000-4-111-01 Current Real Estate Taxes 2,400,000 2,400,000 20% 2,620,000
20,089 - 20,000 101-000-4-111-02 Delinquent Real Estate Taxes 15,000 15,000 0% 20,500
1,922 2,100 2,218 101-000-4-111-07 Mobile Home Taxes 2,100 2,100 0% 3,000
82,475 85,000 85,000 101-000-4-111-09 Bank Franchise Taxes 66,000 66,000 -22% 68,640
2,335 2,500 2,500 101-000-4-119-01 Taxes/Penalties 2,500 2,500 0% 2,600
4,953,567 4,140,850 4,800,000 101-000-4-113-00 1st Penny Sales & Use Tax 4,675,000 4,675,000 13% 4,875,000
105,180 99,000 105,000 101-000-4-335-03 State Liquor Tax 105,000 105,000 6% 109,200
199,391 200,000 200,000 101-000-4-335-04 State/Hwy & Bridge Tax 200,000 200,000 0% 208,000
1,824 1,750 1,750 101-000-4-335-08 State/Amusement Tax 1,800 1,800 3% 1,872
63,434 65,000 65,000 101-000-4-338-01 County/Hwy & Bridge Tax 65,000 65,000 0% 67,600
17,980 17,000 17,000 101-000-4-338-03 County/Wheel Tax 17,000 17,000 0% 17,680
3,979 3,980 3,980 101-000-4-338-04 County/Road Tax 3,980 3,980 0% 4,139
24,300 24,250 24,250 101-000-4-221-01 Licenses/Liquor 25,500 25,500 5% 25,500
4,000 3,600 3,600 101-000-4-221-02 Licenses/Malt 3,600 3,600 0% 3,600
3,500 3,500 3,500 101-000-4-221-05 Licenses/Wine 3,500 3,500 0% 3,500
0- - 101-000-4-221-07 Licenses/Restaurant Liquor 18,500 18,500 100% 18,500
2,400 1,000 1,000 101-000-4-221-08 Licenses/Temporary Liquor 2,000 2,000 100% 2,000
200 100 100 101-000-4-221-09 Licenses/Liquor Transfers 100 100 0% 100
7,900 7,900 7,900 101-000-4-221-10 Licenses/Video Lottery 7,900 7,900 0% 7,900
4,610 4,500 4,500 101-000-4-221-11 Licenses/Temporary Merchants 4,500 4,500 0% 4,500
1,250 900 900 101-000-4-221-12 Licenses/Plumbers 900 900 0% 900
1,490 500 500 101-000-4-221-13 Licenses/Miscellaneous 500 500 0% 500
100,206 90,000 90,000 101-000-4-669-00 Franchise Fees 200,000 200,000 122% 200,000
158,739 200,000 100,000 101-000-4-661-00 Interest Income 120,000 120,000 -40% 150,000
107,797 50,000 50,000 101-000-4-661-01 Money Market Interest Income 50,000 50,000 0% 55,000
3,065 7,080 1,000 101-000-4-662-01 Rental Income 3,000 26,000 267% 26,000
39,857 24,000 24,000 101-000-4-662-12 Cell Tower Rental 30,258 30,258 26% 30,258
283 55,000 55,000 101-000-4-441-08 Reimbursed Expense 0 0 -100% 0
18,141 9,000 9,000 101-000-4-441-09 Miscellaneous 9,000 9,000 0% 9,000
31,487 5,000 1,460 101-000-4-669-08 Workers Compensation Refund 5,000 5,000 0% 5,000
397 8,000 - 101-000-4-691-40 Insurance Refunds 8,000 8,000 0% 8,000
0- 101-000-4-666-660 Other financing 49,500 49,500 100% 50,000
44,492 - - 101-000-6-700-00 Transfer in 0 0 0% 0
370,000 400,000 400,000 101-000-6-700-01 Transfer in from Liquor Fund 420,000 420,000 5% 440,000
500,000 425,000 425,000 101-000-6-700-02 Transfer in from Landfill 440,000 440,000 4% 440,000
543,890 960,767 960,767 101-000-6-700-04 Transfer in from Sales & Use 1,556,331 1,556,331 62% 1,520,000
145,000 145,000 145,000 101-000-6-700-05 Transfer in from Res & Tech 145,000 145,000 0% 145,000
1,741,000 1,707,000 1,752,000 101-000-6-700-08 Transfer in from BMU 1,842,000 1,842,000 8% 1,940,000
300,000 - - 101-000-6-700-16 Transfer in from Liq Cap Sale 0 0 0% 0
11,434,273 10,749,277 11,361,925 Revenue & Transfer from funds 12,498,469 12,521,469 16% 13,083,489
76
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
MAYOR AND COUNCIL
26,214 26,400 26,400 101-401-5-101-00 Regular Pay 30,600 30,600 16% 30,600
2,005 2,020 2,020 101-401-5-120-00 FICA 2,341 2,341 16% 2,341
145 162 162 101-401-5-123-00 Group Insurance 147 147 -9% 147
99 109 109 101-401-5-130-00 Workman's Compensation 118 118 8% 118
28,464 28,691 28,691 Personnel Services Total 33,206 33,206 16% 33,206
749 824 824 101-401-5-421-00 Insurance 880 880 7% 880
1,724 2,500 2,500 101-401-5-426-01 Office Supplies 3,673 3,673 47% 3,673
2,326 12,500 12,500 101-401-5-427-01 Travel & Lodging 12,500 12,500 0% 12,500
2,318 3,500 3,500 101-401-5-427-02 Registration & Training 3,500 3,500 0% 3,500
2,706 3,000 3,000 101-401-5-429-00 Miscellaneous 3,000 3,000 0% 3,000
400 0 - 101-401-5-429-01 Membership & Dues 0 0 0% 0
10,224 22,324 22,324 Operating Expense Total 23,553 23,553 6% 23,553
70,000 25,000 25,000 101-401-5-940-00 Other Capital 3,000 3,000 -88% 3,000
70,000 25,000 25,000 Capital Expense Total 3,000 3,000 -88% 3,000
108,688 76,015 76,015 Expenditure Total 59,759 59,759 -21% 59,759
HUMAN RIGHTS
300 500 500 101-402-4-446-10 Donations 500 500 0% 500
200 0 - 101-402-4-669-02 Miscellaneous Income 0 0 0% 0
500 500 500 Revenue Total 500 500 0% 500
582 600 600 101-402-5-426-01 Office Supplies 600 600 0% 600
85 0 - 101-402-5-427-01 Travel & Lodging 0 0 0% 0
2,774 3,600 3,600 101-402-5-428-00 Public Education 3,600 3,600 0% 3,600
3,441 4,200 4,200 Expenditure Total 4,200 4,200 0% 4,200
CITY CLERK
7,526 6,000 6,000 101-403-4-441-08 Reimbursed Expense 6,000 6,000 0% 6,000
7,526 6,000 6,000 Revenue Total 6,000 6,000 0% 6,000
85,423 113,818 113,818 101-403-5-101-00 Regular Pay 126,552 126,552 11% 131,614
270 0 - 101-403-5-101-10 Wellness 0 0 0% 0
5,536 8,708 8,708 101-403-5-120-00 FICA 9,843 9,843 13% 10,237
5,129 6,830 6,830 101-403-5-121-09 Retirement 7,720 7,720 13% 8,029
22,247 37,822 37,822 101-403-5-123-00 Group Insurance 39,182 39,182 4% 43,100
245 405 405 101-403-5-130-00 Workman's Compensation 480 480 19% 480
0 300 300 101-403-5-136-00 Wellness Reimbursement 720 720 140% 720
118,850 167,883 167,883 Personnel Services Total 184,497 184,497 10% 194,180
214 354 354 101-403-5-421-00 Insurance 377 377 6% 377
16,351 18,000 18,000 101-403-5-423-01 Publication & Recording Fees 18,000 18,000 0% 18,720
3,372 4,100 4,100 101-403-5-423-03 Ordinance & Codification Fees 4,100 4,100 0% 4,264
4,873 2,750 2,750 101-403-5-425-01 Maintenance Office Equipment 3,500 3,500 27% 3,640
3,075 4,050 4,050 101-403-5-426-01 Office Supplies 4,050 4,050 0% 4,212
6,416 8,500 8,500 101-403-5-426-02 Election Expense 8,700 8,700 2% 9,048
73 100 100 101-403-5-426-09 Subscriptions/Books 100 100 0% 104
30 4,400 4,400 101-403-5-427-01 Travel & Lodging 3,200 3,200 -27% 3,328
0 8,000 8,000 101-403-5-427-02 Registration & Training 1,000 1,000 -88% 1,040
948 2,000 2,000 101-403-5-428-01 Telephone 2,000 2,000 0% 2,080
115 150 150 101-403-5-429-01 Membership & Dues 150 150 0% 150
35,468 52,404 52,404 Operating Expense Total 45,177 45,177 -14% 46,963
0 4,000 4,000 101-403-5-920-00 Furniture and Equipment 3,000 0 -100% 0
2,330 3,000 3,000 101-403-5-950-01 Capital less than $5,000 0 0 -100% 5,000
2,330 7,000 7,000 Capital Expense Total 3,000 0 -100% 5,000
7,526 6,000 6,000 Revenue Total 6,000 6,000 0% 6,000
156,648 227,287 227,287 Expenditure Total 232,674 229,674 1% 246,143
77
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
DISABILITY COMMITTEE
634 600 600 101-404-5-426-01 Office Supplies 600 600 0% 600
00- 101-404-5-426-09 Subscriptions/Books 0 0 0% 0
491 650 650 101-404-5-427-01 Travel & Lodging 650 650 0% 650
1,613 1,720 1,720 101-404-5-428-00 Public Education 1,815 1,815 6% 1,815
05050 101-404-5-429-01 Membership & Dues 50 50 0% 50
2,738 3,020 3,020 Operating Expense Total 3,115 3,115 3% 3,115
2,738 3,020 3,020 Expenditure Total 3,115 3,115 3% 3,115
NON DEPARTMENTAL
0 28,000 28,000 101-405-5-856-61 Performance Pay 35,000 35,000 25% 35,000
15,000 126,446 126,446 101-405-5-422-03 Consulting/Engineering 25,000 25,000 -80% 5,000
13,223 0 - 101-405-5-429-01 Membership Dues 0 0 0% 0
5,616 5,897 5,897 101-405-5-429-20 1st District Dues 6,192 6,192 5% 6,501
3,748 3,500 3,500 101-405-5-856-45 Employee Recognition 3,500 3,500 0% 3,500
5,000 7,000 7,000 101-405-5-856-63 Volunteer Recognition/Open Gov 7,000 7,000 0% 7,000
8,891 10,000 - 101-405-5-856-96 Matching Grant Expense 15,000 15,000 50% 10,000
16,590 10,000 10,000 101-405-5-856-97 City Manager's Contingency Fnd 20,000 10,000 0% 10,000
0 54,328 54,328 101-405-5-856-99 Contingency Fund 60,000 60,000 10% 30,000
68,067 245,171 235,171 Operating Expense Total 171,692 161,692 -34% 107,001
4,082 5,100 5,100 101-405-5-920-01 Website Maintenance 7,000 7,000 37% 8,000
4,082 5,100 5,100 Total Capital 7,000 7,000 37% 8,000
72,149 250,271 240,271 Expenditure Total 178,692 168,692 -33% 115,001
CITY MANAGER
103,533 115,466 115,466 101-406-5-101-00 Regular Pay 111,842 111,842 -3% 116,316
3,750 3,300 3,300 101-406-5-101-06 Car Allowance 3,600 3,600 9% 3,744
00- 101-403-5-101-10 Wellness 240 240 100% 250
7,256 9,109 9,109 101-406-5-120-00 FICA 8,884 8,884 -2% 9,239
6,086 6,487 6,487 101-406-5-121-09 Retirement 6,968 6,968 7% 7,247
9,001 12,639 12,639 101-406-5-123-00 Group Insurance 11,345 11,345 -10% 12,480
289 318 318 101-406-5-130-00 Workman's Compensation 378 378 19% 378
129,915 147,319 147,319 Personnel Services Total 143,257 143,257 -3% 149,653
107 118 118 101-406-5-421-00 Insurance 126 126 7% 131
3,029 2,500 2,500 101-406-5-426-01 Office Supplies 2,500 2,500 0% 2,600
0 300 300 101-406-5-426-09 Subscriptions/Books 500 500 67% 520
195 3,300 3,300 101-406-5-427-01 Travel & Lodging 7,000 7,000 112% 7,280
75 1,250 1,250 101-406-5-427-02 Registration & Training 1,750 1,750 40% 1,820
1,102 1,200 1,200 101-406-5-428-01 Telephone 1,200 1,200 0% 1,248
150 1,100 1,100 101-406-5-429-01 Membership & Dues 1,675 1,675 52% 1,742
952 0 - 101-406-5-429-09 Miscellaneous 0 0 0% 0
0 4,000 4,000 101-406-5-920-00 Furniture & Equipment 0 0 -100% 0
5,611 13,768 13,768 Operating Expense Total 14,751 14,751 7% 15,341
00- 101-406-5-950-01 Capital less than $5,000 1,000 1,000 100% 1,000
00- Capital Expense Total 1,000 1,000 100% 1,000
135,526 161,087 161,087 Expenditure Total 159,008 159,008 -1% 165,994
CITY ATTORNEY
10,106 0 - 101-412-5-422-01 Contracted Legal Services 0 0 0% 0
60,510 65,000 65,000 101-412-5-422-07 Contracted Services 67,600 67,600 4% 70,304
715 1,000 1,000 101-412-5-427-01 Travel & Lodging 1,000 1,000 0% 1,000
536 500 500 101-412-5-427-02 Registration & Training 500 500 0% 500
600 500 500 101-412-5-429-01 Membership & Dues 500 500 0% 500
72,468 67,000 67,000 Operating Expense Total 69,600 69,600 4% 72,304
72,468 67,000 67,000 Expenditure Total 69,600 69,600 4% 72,304
78
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
HUMAN RESOURCES
3,483 2,000 2,000 101-414-4-441-08 Reimbursed Expense 2,000 2,000 0% 2,000
168 - - 101-414-4-441-11 Unclaimed Insurance Reimburse 0 0 0% 0
3,651 2,000 2,000 Revenue Total 2,000 2,000 0% 2,000
99,132 101,286 103,918 101-414-5-101-00 Regular Pay 107,119 107,119 6% 111,404
88 480 480 101-414-5-101-10 Wellness 480 480 0% 499
6,899 7,749 7,749 101-414-5-120-00 FICA 8,338 8,338 8% 8,672
5,950 6,078 6,235 101-414-5-121-09 Retirement 6,540 6,540 8% 6,802
15,619 17,708 17,779 101-414-5-123-00 Group Insurance 19,524 19,524 10% 21,476
300 330 330 101-414-5-130-00 Workman's Compensation 396 396 20% 396
5,493 6,450 3,793 101-414-5-135-00 Employee Assistance Program 4,100 4,100 -36% 4,100
133,483 140,081 140,284 Personnel Services Total 146,497 146,497 5% 153,348
214 236 236 101-414-5-421-00 Insurance 252 252 7% 262
426 3,225 3,225 101-414-5-422-03 Consulting & Engineering 3,000 3,000 -7% 3,120
3,520 4,500 3,480 101-414-5-422-14 Cafeteria Plan Adm Fee 4,365 4,365 -3% 4,540
8,380 6,900 6,900 101-414-5-423-01 Publication & Recording Fees 6,900 6,900 0% 7,176
0 400 400 101-414-5-425-01 Maintenance Office Equipment 400 400 0% 416
3,392 2,725 2,725 101-414-5-426-01 Office Supplies 2,800 2,800 3% 2,912
97 450 450 101-414-5-426-09 Subscriptions/Books 450 450 0% 468
2,259 3,225 3,225 101-414-5-427-01 Travel & Lodging 3,225 3,225 0% 3,354
1,653 2,275 2,275 101-414-5-427-02 Registration & Training 2,275 2,275 0% 2,366
1,855 1,880 1,625 101-414-5-428-01 Telephone 1,635 1,635 -13% 1,700
730 700 700 101-414-5-429-01 Membership & Dues 700 700 0% 728
1,082 700 700 101-414-5-429-08 Postage 750 750 7% 780
2,824 1,000 1,000 101-414-5-429-09 Miscellaneous 1,000 1,000 0% 1,040
4,557 5,000 5,000 101-414-5-429-10 Safety Program Training 5,000 5,000 0% 5,200
1,123 3,000 3,000 101-414-5-429-15 In-House Training 4,000 4,000 33% 4,160
32,112 36,216 34,941 Operating Expense Total 36,752 36,752 1% 38,222
0 5,000 5,000 101-414-5-940-00 Other Capital 6,525 5,000 0% 0
2,237 1,500 1,500 101-414-5-950-01 Capital less than $5,000 1,000 1,000 -33% 5,000
2,237 6,500 6,500 Capital Expense Total 7,525 6,000 -8% 5,000
3,651 2,000 2,000 Revenue Total 2,000 2,000 0% 2,000
167,831 182,797 181,725 Expenditure Total 190,774 189,249 4% 196,571
79
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
FINANCE
90 - - 101-415-4-441-04 Professional Services 0 0 0% 0
514 - - 101-415-4-441-05 Reclaimed Income 0 0 0% 0
2,493 30,000 30,000 101-415-4-441-08 Reimbursed Expense 30,000 30,000 0% 30,000
197 150 - 101-415-4-669-02 Miscellaneous Income 150 150 0% 150
3,293 30,150 30,000 Revenue Total 30,150 30,150 0% 30,150
192,822 197,689 197,689 101-415-5-101-00 Regular Pay 205,275 205,275 4% 213,486
1,083 1,000 1,000 101-415-5-101-04 Overtime Pay 1,000 1,000 0% 1,040
00- 101-415-5-101-10 Wellness Benefit 0 0 0% 0
13,425 15,125 15,125 101-415-5-120-00 FICA 16,046 16,046 6% 16,688
11,634 11,863 11,863 101-415-5-121-09 Retirement 12,585 12,585 6% 13,088
32,763 37,158 37,158 101-415-5-123-00 Group Insurance 40,998 40,998 10% 45,098
513 564 564 101-415-5-130-00 Workman's Compensation 672 672 19% 672
0 720 - 101-415-5-136-00 Wellness Reimbursement 720 720 0% 720
252,240 264,119 263,399 Personnel Services Total 277,296 277,296 5% 290,792
428 531 531 101-415-5-421-00 Insurance 558 558 5% 580
26,679 37,500 37,500 101-415-5-422-02 Contracted Auditing Services 37,500 37,500 0% 39,000
00- 101-415-5-422-03 Consulting & Engineering 0 0 0% 0
22,925 24,000 24,000 101-415-5-422-07 Contracting Services 24,800 24,800 3% 25,792
2,117 1,500 1,500 101-415-5-423-01 Publication/Recording Fees 1,500 1,500 0% 1,560
500 0 - 101-415-5-425-01 Maintenance Office Equipment 0 0 0% 0
500 12,000 12,000 101-415-5-426-00 Advance for Postage 12,000 12,000 0% 12,480
5,805 6,000 5,000 101-415-5-426-01 Office Supplies 6,000 6,000 0% 6,240
594 400 400 101-415-5-426-09 Subscriptions/Books 600 600 50% 624
8,461 6,000 8,500 101-415-5-427-01 Travel & Lodging 7,400 7,400 23% 7,696
4,999 5,000 5,000 101-415-5-427-02 Registration & Training 5,000 5,000 0% 5,200
2,001 1,500 2,000 101-415-5-428-01 Telephone 2,000 2,000 33% 2,080
253 0 - 101-415-5-428-06 AS400 Service Line 0 0 0% 0
830 800 900 101-415-5-429-01 Membership & Dues 1,075 1,075 34% 1,118
76,092 95,231 97,331 Operating Expense Total 98,433 98,433 3% 102,370
23,384 25,000 25,000 101-415-5-940-00 Other Capital 25,000 25,000 0% 25,000
00- 101-415-5-950-01 Capital less than $5,000 500 500 100% 0
23,384 25,000 25,000 Capital Expense Total 25,500 25,500 2% 25,000
3,293 30,150 30,000 Revenue Total 30,150 30,150 0% 30,150
351,716 384,350 390,730 Expenditure Total 401,229 401,229 4% 418,162
80
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
INFORMATION TECHNOLOGY
230 1,000 1,000 101-416-4-441-08 Technical Services 1,000 1,000 0% 1,000
230 1,000 1,000 Revenue Total 1,000 1,000 0% 1,000
35,296 39,778 39,778 101-416-5-101-00 Regular Pay 41,629 41,629 5% 41,629
210 2,500 2,500 101-416-5-101-04 Overtime Pay 2,500 2,500 0% 2,500
56 240 240 101-416-5-101-10 Wellness Benefit 240 240 0% 240
2,594 3,043 3,043 101-416-5-120-00 FICA 3,364 3,364 11% 3,364
2,134 2,387 2,387 101-416-5-121-09 Retirement 2,639 2,639 11% 2,639
3,591 4,231 4,231 101-416-5-123-00 Group Insurance 4,595 4,595 9% 4,595
148 163 163 101-416-5-130-00 Workman's Compensation 192 192 18% 192
44,029 52,342 52,342 Personnel Services Total 55,159 55,159 5% 55,159
107 118 118 101-416-5-421-00 Insurance 126 126 7% 131
505 5,000 5,000 101-416-5-422-07 Software Services 5,000 5,000 0% 5,200
5,722 2,000 2,000 101-416-5-426-01 Office Supplies 3,000 3,000 50% 3,120
0 500 500 101-416-5-426-09 Subscriptions/Books 500 500 0% 520
723 2,000 2,000 101-416-5-427-01 Travel & Lodging 2,000 2,000 0% 2,080
0 500 500 101-416-5-427-02 Registration & Training 500 500 0% 520
4,498 6,700 6,700 101-416-5-428-01 Telephone 16,420 16,420 145% 17,077
0 700 700 101-416-5-428-06 AS400 Service Line 0 0 -100% 0
0 200 200 101-416-5-429-01 Memberships & Dues 200 200 0% 208
11,555 17,718 17,718 Operating Expense Total 27,746 27,746 57% 28,856
4,608 4,000 4,000 101-416-5-920-00 Furniture & Equipment 0 0 -100% 0
26,719 24,000 24,000 101-416-5-940-00 Other Capital 12,000 12,000 -50% 0
1,575 0 - 101-416-5-950-01 Capital less than $5,000 16,000 16,000 100% 0
0 4,000 4,000 101-403-5-920-00 Furniture and Equipment 3,000 3,000 -25% 3,000
0 5,000 5,000 101-414-5-940-00 Other Capital 1,525 1,525 -70% 2,525
00- 101-415-5-950-01 Capital less than $5,000 1,000 1,000 100% 0
101-418-5-950-01 Capital less than $5,000 3,000 3,000 3,000
3,351 3,000 5,000 101-419-5-950-01 Capital less than $5,000 5,000 5,000 67% 5,000
23,045 3,875 3,875 101-421-5-950-01 Capital less than $5,000 3,000 3,000 -23% 2,000
0 16,000 16,000 101-422-5-940-00 Other Capital 0 0 -100% 8,000
0 2,300 1,464 101-431-5-920-00 Furniture & Equipment 3,000 3,000 30% 0
00- 101-452-5-950-01 Capital less than $5,000 1,500 1,500 100% 40,000
32,903 28,000 28,000 Capital Expense Total 49,025 49,025 75% 63,525
230 1,000 1,000 Revenue Total 1,000 1,000 0% 1,000
88,486 98,060 98,060 Expenditure Total 131,930 131,930 35% 147,540
GENERAL GOVERNMENT BUILDINGS
9,141 10,055 7,620 101-417-5-421-00 Insurance 10,370 10,370 3% 10,785
0 520 520 101-417-5-422-03 Consulting/design ADA entry 15,536 15,536 2888% 0
2,386 2,550 2,550 101-417-5-424-01 Equipment Rental 2,630 2,630 3% 2,735
2,775 2,750 2,750 101-417-5-425-01 Maintenance Office Equipment 2,578 2,578 -6% 2,681
1,214 1,140 1,140 101-417-5-425-04 Maintenance Equipment 1,176 1,176 3% 1,223
8,439 9,400 9,400 101-417-5-425-05 Maintenance Building 9,694 9,694 3% 10,082
2,949 5,200 5,200 101-417-5-426-03 General Supplies 5,363 5,363 3% 5,578
1,609 1,740 1,740 101-417-5-426-04 Cleaning Supplies 1,794 1,794 3% 1,866
2,028 2,050 2,050 101-417-5-428-01 Telephone 2,114 2,114 3% 2,199
24,167 21,390 25,000 101-417-5-428-02 Electric & Water 26,000 26,000 22% 28,000
10,491 12,530 12,530 101-417-5-428-03 Heat 13,000 13,000 4% 14,000
13,080 13,000 13,000 101-417-5-429-03 Cleaning Services 15,000 15,000 15% 20,000
78,279 82,325 83,500 Operating Expense Total 105,255 105,255 28% 99,148
60,560 51,500 59,489 101-417-5-911-00 Buildings & Structures 115,500 115,500 124% 241,000
41,703 7,500 7,500 101-417-5-920-00 Furniture & Equipment 3,000 18,000 140% 5,000
00- 101-417-5-930-00 Machinery & Auto Equipment 5,500 5,500 100% 0
0 9,989 2,000 101-417-5-940-00 Other Capital 0 0 -100% 0
102,263 68,989 68,989 Capital Expense Total 124,000 139,000 101% 246,000
180,542 151,314 152,489 Expenditure Total 229,255 244,255 61% 345,148
81
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
COMMUNITY DEVELOPMENT
101-418-4-221-06 Housing Licenses 8,500 8,500 8,840
101-418-4-441-01 Zoning & Subdivision Fees 8,250 8,250 8,580
101-418-4-441-02 Publication Fees 52 52 54
101-418-4-441-08 Reimbursed Expense 0 0 0
101-418-4-441-09 Miscellaneous 215 215 224
0 0 Revenue Total 17,017 17,017 17,698
101-418-5-101-00 Regular Pay 242,126 242,126 251,811
101-418-5-101-04 Overtime Pay
101-418-5-101-10 Wellness Benefit 500 500 520
101-418-5-120-00 FICA 18,619 18,619 19,364
101-418-5-121-09 Retirement 14,603 14,603 15,187
101-418-5-123-00 Group Insurance 43,352 43,352 47,687
101-418-5-130-00 Workman's Compensation 2,280 2,280 2,280
0 0 Personnel Services Total 321,480 321,480 336,849
101-418-5-421-00 Insurance 1,424 1,424 1,481
101-418-5-423-01 Publication/Recording Fees 500 500 520
101-418-5-426-01 Office Supplies 4,000 4,000 4,160
101-418-5-426-03 General Supplies 1,500 1,500 1,560
101-418-5-426-05 Photographic Supplies 100 100 104
101-418-5-426-09 Subscriptions/Books 1,000 1,000 1,040
101-418-5-427-01 Travel & Lodging 2,500 2,500 2,600
101-418-5-427-02 Registration & Training 1,500 1,500 1,560
101-418-5-428-01 Telephone 2,520 2,520 2,621
101-418-5-429-01 Membership & Dues 500 500 520
0 0 Operating Expense Total 15,544 15,544 16,166
101-418-5-920-00 Buildings 10,000 10,000 0
101-418-5-920-00 Furniture & Equipment 5,000 5,000 0
101-418-5-950-01 Capital less than $5,000 0 0 0
0 0 Capital Expense Total 15,000 15,000 0
Revenue Total 17,017 17,017 100% 17,698
0 0 Expenditure Total 352,024 352,024 100% 353,015
82
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
ENGINEERING
9,656 8,000 10,000 101-419-4-221-06 Housing Licenses 0 0 -100% 0
158,955 150,000 150,000 101-419-4-223-01 Building Permits/Engineer Fees 154,700 154,700 3% 165,000
10,884 8,000 8,000 101-419-4-441-01 Zoning & Subdivision Fees 0 0 -100% 0
75 50 50 101-419-4-441-02 Publication Fees 52 52 4% 54
1,054 100 100 101-419-4-441-08 Reimbursed Expense 105 105 5% 109
1,278 500 500 101-419-4-441-09 Miscellaneous 515 515 3% 536
181,902 166,650 168,650 Revenue Total 155,372 155,372 -7% 165,699
352,925 416,575 416,575 101-419-5-101-00 Regular Pay 276,800 276,800 -34% 287,872
14,819 9,400 9,400 101-419-5-101-01 Temporary Pay 9,700 9,700 3% 10,088
166 500 500 101-419-5-101-04 Overtime Pay 500 500 0% 520
854 500 500 101-419-5-101-10 Wellness Benefit 500 500 0% 500
25,968 32,664 32,664 101-419-5-120-00 FICA 22,294 22,294 -32% 23,186
21,226 25,055 25,055 101-419-5-121-09 Retirement 16,903 16,903 -33% 17,579
55,226 75,742 75,742 101-419-5-123-00 Group Insurance 38,475 38,475 -49% 42,323
5,378 4,050 4,050 101-419-5-130-00 Workman's Compensation 3,931 3,931 -3% 3,931
476,561 564,486 564,486 Personnel Services Total 369,103 369,103 -35% 385,998
5,309 6,609 6,609 101-419-5-421-00 Insurance 6,196 6,196 -6% 6,444
1,500 675 675 101-419-5-422-03 Consulting/Engineering 696 696 3% 724
00- 101-419-5-422-03 Bike Routes 0 10,000 100% 10,000
300 310 310 101-419-5-422-09 Testing Services 320 320 3% 333
1,093 900 900 101-419-5-423-01 Publication/Recording Fees 500 500 -44% 520
801 1,020 1,020 101-419-5-425-01 Maintenance Office Equipment 1,052 1,052 3% 1,094
368 1,020 1,020 101-419-5-425-02 Maintenance Motor Vehicles 1,052 1,052 3% 1,094
134 230 230 101-419-5-425-04 Maintenance of Equipment 237 237 3% 246
6,830 8,000 8,000 101-419-5-426-01 Office Supplies 7,000 7,000 -13% 7,280
3,199 3,000 3,000 101-419-5-426-03 General Supplies 2,500 2,500 -17% 2,600
0 100 100 101-419-5-426-05 Photographic Supplies 103 103 3% 107
1,915 2,000 2,000 101-419-5-426-09 Subscriptions/Books 2,063 2,063 3% 2,146
1,917 1,500 1,500 101-419-5-426-10 Gasoline 1,547 1,547 3% 1,609
74 300 300 101-419-5-426-12 Tires 309 309 3% 321
3,487 4,000 4,000 101-419-5-427-01 Travel & Lodging 3,000 3,000 -25% 3,120
820 2,000 2,000 101-419-5-427-02 Registration & Training 2,000 2,000 0% 2,080
5,493 5,300 5,300 101-419-5-428-01 Telephone 3,700 3,700 -30% 3,848
930 1,360 1,360 101-419-5-429-01 Membership & Dues 1,403 1,403 3% 1,459
34,168 38,324 38,324 Operating Expense Total 33,678 43,678 14% 45,025
16,781 0 - 101-419-5-920-00 Furniture & Equipment 0 0 0% 0
0 0 101-419-5-930-00 Machinery & Auto Equipment 0 0 15,000
3,351 3,000 5,000 101-419-5-950-01 Capital less than $5,000 0 0 0% 0
20,132 3,000 5,000 Capital Expense Total 0 0 -100% 15,000
181,902 166,650 168,650 Revenue Total 155,372 155,372 -7% 165,699
530,861 605,810 607,810 Expenditure Total 402,781 412,781 -32% 446,024
83
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
POLICE DEPARTMENT
19,827 20,000 20,000 101-421-4-334-09 Grants 20,000 20,000 0% 0
1,719 1,800 1,800 101-421-4-442-08 Alarm Surcharges 1,800 1,800 0% 1,872
11,000 - - 101-421-4-446-10 Donations 0 0 0% 0
0 3,000 3,000 101-421-4-446-11 Dare Donations 3,000 3,000 0% 3,120
23,347 25,000 25,000 101-421-4-551-00 Court Fines 26,000 26,000 4% 27,040
34,890 35,000 35,000 101-421-4-555-00 Parking Fines 35,000 35,000 0% 36,400
4,795 6,000 6,000 101-421-4-441-08 Reimbursed Expense 6,000 6,000 0% 6,240
1,987 1,400 1,400 101-421-4-442-09 Miscellaneous 1,400 1,400 0% 1,456
0 8,500 8,500 101-421-4-664-00 Sale of Fixed Assets 8,500 8,500 0% 8,500
97,564 100,700 100,700 Revenue Total 101,700 101,700 1% 84,628
1,343,777 1,425,369 1,425,369 101-421-5-101-00 Regular Pay 1,482,818 1,482,818 4% 1,582,412
17,355 0 - 101-421-5-101-01 Temporary Pay 0 0 0% 0
37,171 50,000 50,000 101-421-5-101-04 Overtime Pay 55,000 55,000 10% 57,200
1,400 1,500 1,500 101-421-5-101-07 Clothing Allowance 1,750 1,750 17% 1,820
80 200 200 101-421-5-101-10 Wellness Benefit 500 500 150% 520
101,080 113,035 113,035 101-421-5-120-00 FICA 118,430 118,430 5% 126,249
108,716 116,744 116,744 101-421-5-121-09 Retirement 122,537 122,537 5% 130,661
303,449 362,060 362,060 101-421-5-123-00 Group Insurance 380,516 380,516 5% 435,859
39,188 35,107 35,107 101-421-5-130-00 Workman's Compensation 49,602 49,602 41% 51,586
1,952,217 2,104,015 2,104,015 Personnel Services Total 2,211,153 2,211,153 5% 2,386,307
20,373 19,611 19,611 101-421-5-421-00 Insurance 23,387 23,387 19% 24,322
5,045 3,000 3,000 101-421-5-422-03 Consulting/Engineering 6,395 6,395 113% 6,651
1,722 1,500 1,500 101-421-5-422-06 Medical Services 1,500 1,500 0% 1,560
2,102 1,000 1,000 101-421-5-422-09 Testing Services 1,500 1,500 50% 1,560
664 1,000 1,000 101-421-5-424-01 Equipment Rental 1,000 1,000 0% 1,040
1,783 1,000 1,000 101-421-5-425-01 Maintenance Office Equipment 2,000 2,000 100% 2,080
19,480 12,998 12,998 101-421-5-425-02 Maintenance Motor Vehicle 20,000 20,000 54% 20,800
942 1,000 1,000 101-421-5-425-06 Maintenance Radio 1,000 1,000 0% 1,040
5,285 8,000 8,000 101-421-5-426-01 Office Supplies 8,000 8,000 0% 8,320
14,912 18,000 18,000 101-421-5-426-03 General Supplies 18,000 18,000 0% 18,720
462 800 800 101-421-5-426-05 Photographic Supplies 1,000 1,000 25% 1,040
388 500 500 101-421-5-426-09 Subscriptions/Books 500 500 0% 520
49,744 33,000 33,000 101-421-5-426-10 Gasoline 65,000 65,000 97% 67,600
1,921 3,449 3,449 101-421-5-426-12 Tires 3,500 3,500 1% 3,640
9,875 10,000 10,000 101-421-5-426-17 Uniforms 11,000 11,000 10% 11,440
4,087 3,000 3,000 101-421-5-427-01 Travel & Lodging 4,900 4,900 63% 5,096
2,605 2,800 2,800 101-421-5-427-02 Registration & Training 8,000 8,000 186% 8,320
7,317 6,700 6,700 101-421-5-427-03 Gun Range Training Expenses 5,000 5,000 -25% 5,200
8,405 9,700 9,700 101-421-5-428-01 Telephone 9,700 9,700 0% 10,088
616 800 800 101-421-5-429-01 Membership & Dues 800 800 0% 832
45 500 500 101-421-5-429-09 Reserve Expenses 1,000 1,000 100% 1,040
3,192 3,442 1,500 101-421-5-429-10 Dare Expenditures 3,000 3,000 -13% 3,120
160,965 141,800 139,858 Operating Expense Total 196,182 196,182 38% 204,029
0 7,000 7,000 101-421-5-920-00 Furniture & Equipment 4,000 4,000 -43% 2,000
69,162 53,786 53,786 101-421-5-930-00 Machinery & Auto Equipment 58,786 58,786 9% 79,000
23,045 3,875 3,875 101-421-5-950-01 Capital less than $5,000 10,210 10,210 163% 42,810
92,207 64,661 64,661 Capital Expense Total 72,996 72,996 13% 123,810
97,564 100,700 100,700 Revenue Total 101,700 101,700 1% 84,628
2,205,389 2,310,476 2,308,534 Expenditure Total 2,480,331 2,480,331 7% 2,714,147
84
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
FIRE DEPARTMENT
46,984 47,000 101-422-4-335-06 Fire Insurance Premium 47,000 47,000 100% 49,000
25,885 - - 101-422-4-334-09 Grants 0 0 0% 0
7- - 101-422-4-342-03 Fines/Fees 0 0 0% 0
10,170 - - 101-422-4-446-10 Donations 0 0 0% 0
1,748 - - 101-422-4-441-08 Reimbursed Expense 500 500 0% 500
84,793 0 47,000 Revenue Total 47,500 47,500 100% 49,500
143,817 152,183 152,183 101-422-5-101-00 Regular Pay 158,455 158,455 4% 164,793
1,560 10,000 10,000 101-422-5-101-01 Temporary Pay 10,000 10,000 0% 10,000
400 950 950 101-422-5-101-05 On Call Pay 2,000 2,000 111% 2,000
650 650 650 101-422-5-101-09 Stipend 600 600 -8% 600
10,233 12,740 12,740 101-422-5-120-00 FICA 13,874 13,874 9% 14,429
10,812 11,598 11,598 101-422-5-121-09 Retirement 12,405 12,405 7% 12,901
91,984 92,000 45,000 101-422-5-121-10 Retirement/Volunteer Firemen 92,000 92,000 0% 94,000
30,114 34,177 34,177 101-422-5-123-00 Group Insurance 37,543 37,543 10% 41,297
9,494 10,444 10,444 101-422-5-130-00 Workman's Compensation 11,240 11,240 8% 11,240
1,727 2,500 2,500 101-422-5-136-00 Wellness Reimbursement 2,500 2,500 0% 2,500
300,791 327,242 280,242 Personnel Services Total 340,617 340,617 4% 353,761
16,110 16,835 19,825 101-422-5-421-00 Insurance 23,598 23,598 40% 24,542
385 500 500 101-422-5-422-06 Medical Services 4,058 4,058 712% 4,220
1,912 3,100 3,100 101-422-5-422-07 Contracting Services 4,000 4,000 29% 4,160
81,305 82,110 82,110 101-422-5-424-04 Hydrant Rental 83,835 83,835 2% 87,188
69 300 300 101-422-5-425-01 Maintenance Office Equipment 600 600 100% 624
1,799 1,500 700 101-422-5-425-02 Maintenance Motor Vehicles 1,000 1,000 -33% 1,040
3,731 4,500 4,500 101-422-5-425-03 Maintenance Trucks 4,500 4,500 0% 4,680
4,701 3,000 3,000 101-422-5-425-04 Maintenance Equipment 6,000 6,000 100% 6,240
1,267 2,000 2,000 101-422-5-425-05 Maintenance Buildings 2,000 2,000 0% 2,080
3,352 5,000 2,500 101-422-5-425-06 Maintenance Radio 4,000 4,000 -20% 4,160
6,190 4,000 3,000 101-422-5-426-01 Office Supplies 4,000 4,000 0% 4,160
34,440 32,000 28,835 101-422-5-426-03 General Supplies 32,000 32,000 0% 33,280
326 500 300 101-422-5-426-04 Cleaning Supplies 300 300 -40% 312
406 150 50 101-422-5-426-05 Photographic Supplies 150 150 0% 156
1,307 1,200 1,200 101-422-5-426-09 Subscriptions/Books 1,200 1,200 0% 1,248
9,917 8,000 8,000 101-422-5-426-10 Gasoline 12,000 12,000 50% 12,480
60 500 500 101-422-5-426-11 Oil & Grease Supplies 700 700 40% 728
1,200 1,000 1,000 101-422-5-426-12 Tires 1,000 1,000 0% 1,040
6,335 12,000 12,000 101-422-5-426-17 Uniforms & Clothing 14,000 14,000 17% 14,560
129 1,500 200 101-422-5-426-28 Extinguishing Agents 500 500 -67% 520
3,869 5,000 5,000 101-422-5-426-29 Propane 5,000 5,000 0% 5,200
13,894 14,000 14,000 101-422-5-427-01 Travel & Lodging 15,000 15,000 7% 15,600
6,470 7,500 7,500 101-422-5-427-02 Registration & Training 8,500 8,500 13% 8,840
4,446 5,000 5,000 101-422-5-428-01 Telephone 5,000 5,000 0% 5,200
9,898 10,500 10,500 101-422-5-428-02 Electric & Water 11,000 11,000 5% 11,440
965 2,000 2,000 101-422-5-429-01 Memberships & Dues 2,000 2,000 0% 2,080
867 2,500 8,576 101-422-5-429-06 Fire Hose Replacement 2,500 2,500 0% 2,600
653 100 100 101-422-5-429-08 Postage 500 500 400% 520
10 0 - 101-422-5-429-09 Miscellaneous 0 0 0% 0
5,724 5,000 5,000 101-422-5-429-10 Fire Safety Promotion 5,000 5,000 0% 5,200
221,734 231,295 231,296 Operating Expense Total 253,941 253,941 10% 264,099
0 25,885 25,885 101-422-5-920-00 Furniture & Equipment 0 0 -100% 10,000
168,315 158,145 158,145 101-422-5-930-00 Machinery & Auto Equipment 208,145 208,145 32% 603,145
0 16,000 16,000 101-422-5-940-00 Other Capital 25,000 25,000 56% 25,000
168,315 200,030 200,030 Capital Expense Total 233,145 233,145 17% 638,145
84,793 0 47,000 Revenue Total 47,500 47,500 100% 49,500
690,840 758,567 711,568 Expenditure Total 827,703 827,703 9% 1,256,004
85
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
EMERGENCY MANAGEMENT
446 450 450 101-426-5-428-01 Telephone 500 500 11% 520
1,529 1,800 1,800 101-426-5-428-02 Electric & Water 1,800 1,800 0% 1,872
722 500 500 101-426-5-428-08 Sirens 1,700 1,700 240% 1,768
2,697 2,750 2,750 Expenditure Total 4,000 4,000 45% 4,160
TRAFFIC SAFETY
2,691 3,200 3,200 101-428-4-442-10 Safety Town 3,200 3,200 0% 3,328
1,225 1,000 1,000 101-428-4-446-10 Donations 1,000 1,000 0% 1,040
3,916 4,200 4,200 Revenue Total 4,200 4,200 4,368
13,752 20,000 20,000 101-428-5-101-01 Temporary Pay 20,600 20,600 3% 21,424
1,052 1,530 1,530 101-428-5-120-00 FICA 1,576 1,576 3% 1,639
525 578 578 101-428-5-130-00 Workman's Compensation 690 690 19% 718
0 400 400 101-428-5-429-09 Miscellaneous 400 400 0% 416
3,945 4,000 4,000 101-428-5-856-21 Traffic Safety Expenses 4,400 4,400 10% 4,576
19,274 26,508 26,508 Expenditure Total 27,666 27,666 4% 28,773
3,916 4,200 4,200 Revenue Total 4,200 4,200 4,368
19,274 26,508 26,508 Expenditure Total 27,666 27,666 4% 28,773
STREET
7,563 0 - 101-431-4-334-09 Grants 0 0 0% 0
3,063 10,000 10,000 101-431-4-441-08 Reimbursed Expense 10,000 10,000 0% 10,000
18,221 16,000 16,000 101-431-4-443-09 Miscellaneous 16,000 16,000 0% 16,000
800 0 - 101-431-4-664-00 Sale of Fixed Assets 50,000 50,000 100% 0
29,647 26,000 26,000 Revenue Total 76,000 76,000 192% 26,000
535,834 543,042 543,042 101-431-5-101-00 Regular Pay 575,921 575,921 6% 615,264
18,452 23,000 23,000 101-431-5-101-01 Temporary Pay 20,000 20,000 -13% 20,000
18,069 25,000 25,000 101-431-5-101-04 Overtime Pay 25,000 25,000 0% 25,000
120 0 - 101-431-5-101-05 On Call Pay 0 0 0% 0
00- 101-431-5-101-07 Clothing Allowance 0 0 0% 0
00- 101-431-5-101-09 Stipend 0 0 0% 0
96 250 250 101-431-5-101-10 Wellness Benefit 250 250 0% 250
41,066 45,215 45,215 101-431-5-120-00 FICA 48,455 48,455 7% 52,023
33,232 35,463 35,463 101-431-5-121-09 Retirement 36,503 36,503 3% 39,210
83,228 94,735 94,735 101-431-5-123-00 Group Insurance 128,528 128,528 36% 141,319
26,723 22,313 22,313 101-431-5-130-00 Workman's Compensation 31,554 31,554 41% 31,554
756,820 789,018 789,018 Personnel Services Total 866,211 866,211 10% 924,620
86
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
32,562 31,257 31,257 101-431-5-421-00 Insurance 35,811 35,811 15% 37,243
0 500 500 101-431-5-422-06 Medical Services 500 500 0% 520
43,240 55,000 55,000 101-431-5-422-07 Contracting Services 55,000 55,000 0% 57,200
446 600 600 101-431-5-422-15 Drug & Alcohol Testing 600 600 0% 624
0 0 1,300 101-431-5-423-01 Publication/Recording Fees 0 0 0% 0
1,287 1,300 - 101-431-5-423-05 Advertising/Promotion Fees 1,341 1,341 3% 1,395
450 650 650 101-431-5-425-01 Maintenance Office Equipment 650 650 0% 676
6,692 8,000 10,000 101-431-5-425-03 Maintenance Trucks 8,000 8,000 0% 8,320
30,136 23,000 23,000 101-431-5-425-04 Maintenance of Equipment 5,720 5,720 -75% 5,949
3,257 3,000 3,000 101-431-5-425-05 Maintenance Buildings 1,000 1,000 -67% 1,040
714 700 700 101-431-5-425-06 Maintenance Radio 722 722 3% 751
00- 101-431-5-425-11 Maintenance Sweeper 18,000 18,000 100% 18,720
7,433 20,000 20,000 101-431-5-425-13 Maintenance Curb & Gutter 40,000 40,000 100% 41,600
128,801 180,000 180,000 101-431-5-425-14 Maintenance Street Sealing 192,000 192,000 7% 205,000
2,230 2,000 2,000 101-431-5-426-01 Office Supplies 2,063 2,063 3% 2,146
12,942 12,500 14,000 101-431-5-426-03 General Supplies 12,891 12,891 3% 13,407
1,233 1,100 1,200 101-431-5-426-04 Cleaning Supplies 1,134 1,134 3% 1,179
37,887 50,000 50,000 101-431-5-426-10 Gasoline 60,000 60,000 20% 62,400
2,300 3,000 5,000 101-431-5-426-11 Oil & Grease Supplies 3,094 3,094 3% 3,218
13,541 6,500 7,500 101-431-5-426-12 Tires 9,500 9,500 46% 9,880
28,636 32,500 32,500 101-431-5-426-13 Diesel Fuel 36,000 36,000 11% 37,440
270 1,000 1,000 101-431-5-426-15 Chemicals 1,031 1,031 3% 1,072
1,910 2,500 2,500 101-431-5-426-17 Uniforms 2,500 2,500 0% 2,600
5,598 6,900 6,900 101-431-5-426-18 Gravel 7,116 7,116 3% 7,401
54,825 50,000 50,000 101-431-5-426-19 Bituminous Material 60,000 60,000 20% 62,400
3,985 8,000 8,000 101-431-5-426-20 Dust Control 8,250 8,250 3% 8,580
27,863 28,000 28,000 101-431-5-426-22 Salt & Calcium Chloride 28,000 28,000 0% 29,120
9,206 10,000 10,000 101-431-5-426-23 Sand 10,313 10,313 3% 10,726
13,444 21,000 21,000 101-431-5-426-24 Street & Traffic Signals 41,657 41,657 98% 43,323
101 500 500 101-431-5-427-01 Travel & Lodging 1,000 1,000 100% 1,040
445 500 500 101-431-5-427-02 Registration & Training 1,000 1,000 100% 1,040
4,491 3,500 4,300 101-431-5-428-01 Telephone 3,600 3,600 3% 3,744
5,174 4,600 5,300 101-431-5-428-02 Electric & Water 5,500 5,500 20% 5,720
17,192 19,800 18,000 101-431-5-428-03 Heat 19,800 19,800 0% 20,592
325,493 345,000 345,000 101-431-5-428-04 Street Lighting 345,000 345,000 0% 358,800
0 500 500 101-431-5-428-05 Hauling Service 516 516 3% 537
35 150 150 101-431-5-429-01 Membership & Dues 155 155 3% 161
75050 101-431-5-429-04 Licenses 50 50 0% 52
15,691 16,000 16,000 101-431-5-441-03 West Nile Grant Expenses 16,501 16,501 3% 17,161
839,516 949,607 955,907 Operating Expense Total 1,036,015 1,036,015 9% 1,082,776
0 2,300 1,464 101-431-5-920-00 Furniture & Equipment 0 0 -100% 0
189,778 190,898 190,898 101-431-5-930-00 Machinery & Auto Equipment 249,419 249,419 31% 256,419
8,157 0 1,150 101-431-5-950-01 Capital less than $5,000 0 0 0% 0
30,634 100,000 100,000 101-431-5-960-00 Street & Sidewalk Improvements 230,000 230,000 130% 356,000
228,568 293,198 293,512 Capital Expense Total 479,419 479,419 64% 612,419
29,647 26,000 26,000 Revenue Total 76,000 76,000 192% 26,000
1,824,905 2,031,823 2,038,437 Expenditure Total 2,381,645 2,381,645 17% 2,619,814
87
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
ANIMAL CONTROL
3,668 3,000 3,000 101-442-4-221-04 Animal Licenses 3,000 3,000 0% 3,120
11,081 12,000 12,000 101-442-4-445-02 Housing, Feed & Care 12,000 12,000 0% 12,480
9,640 5,000 5,000 101-442-4-556-00 Animal at Large Fines 5,000 5,000 0% 5,200
950 750 750 101-442-4-445-09 Sales 750 750 0% 780
6,500 7,500 7,500 101-442-4-441-08 Reimbursed Expense 7,500 7,500 0% 7,500
31,839 28,250 28,250 Revenue Total 28,250 28,250 0% 29,080
36,201 36,759 36,759 101-442-5-101-00 Regular Pay 38,126 38,126 4% 39,651
10,838 11,000 11,000 101-442-5-101-01 Temporary Pay 13,000 13,000 18% 13,000
33 400 400 101-442-5-101-04 Overtime Pay 500 500 25% 500
00- 101-442-5-101-07 Clothing Allowance 300 300 100% 300
3,303 3,769 3,769 101-442-5-120-00 FICA 4,049 4,049 7% 4,211
2,145 2,296 2,296 101-442-5-121-09 Retirement 2,396 2,396 4% 2,492
12,529 14,219 14,219 101-442-5-123-00 Group Insurance 15,712 15,712 11% 17,283
955 1,051 1,051 101-442-5-130-00 Workman's Compensation 1,239 1,239 18% 1,239
66,003 69,494 69,494 Personnel Services Total 75,322 75,322 8% 78,676
505 556 556 101-442-5-421-00 Insurance 612 612 10% 636
132 200 200 101-442-5-422-09 Testing Services 300 300 50% 312
1,197 1,100 1,100 101-442-5-425-03 Maintenance Trucks 1,100 1,100 0% 1,144
228 750 750 101-442-5-425-05 Maintenance Buildings 0 0 -100% 0
05050 101-442-5-425-06 Maintenance Radio 600 600 1100% 624
599 400 400 101-442-5-426-01 Office Supplies 500 500 25% 520
758 500 500 101-442-5-426-03 General Supplies 600 600 20% 624
365 300 300 101-442-5-426-04 Cleaning Supplies 400 400 33% 416
4,893 4,000 4,000 101-442-5-426-10 Gasoline 6,000 6,000 50% 6,240
500 500 500 101-442-5-426-12 Tires 500 500 0% 520
421 600 600 101-442-5-426-15 Chemicals 600 600 0% 624
153 300 300 101-442-5-426-17 Uniforms 400 400 33% 416
808 850 850 101-442-5-427-01 Travel & Lodging 850 850 0% 884
100 150 150 101-442-5-427-02 Registration & Training 150 150 0% 156
1,818 1,700 1,700 101-442-5-428-01 Telephone 1,900 1,900 12% 1,976
2,565 2,500 2,500 101-442-5-428-02 Electric & Water 2,800 2,800 12% 2,912
15,043 14,456 14,456 Operating Expense Total 17,312 17,312 20% 18,004
00- 101-442-5-911-00 Building & Structures 0 0 0% 0
00- Capital Expense Total 0 0 0% 0
31,839 28,250 28,250 Revenue Total 28,250 28,250 0% 29,080
81,045 83,950 167,900 Expenditure Total 92,634 92,634 10% 96,681
88
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
RECREATION
139,295 150,000 150,000 101-451-4-446-02 Swimming Pool Fees 150,000 150,000 0% 156,000
88,902 95,000 95,000 101-451-4-446-03 Recreation Program Fees 95,000 95,000 0% 100,000
2,160 2,500 2,500 101-451-4-446-04 Brookings Art Center 2,500 2,500 0% 2,600
27,615 32,500 32,500 101-451-4-346-04 Aquatic Center Concessions 30,000 30,000 -8% 35,000
47,734 40,000 40,000 101-451-4-446-07 Reimbursements 50,000 50,000 25% 50,000
60- 101-451-4-669-02 Miscellaneous 0 0 0% 0
305,712 320,000 320,000 Revenue Total 327,500 327,500 2% 343,600
166,172 184,080 184,080 101-451-5-101-00 Regular Pay 188,424 188,424 2% 195,961
338,185 346,125 346,125 101-451-5-101-01 Temporary Pay 365,000 365,000 5% 379,600
375 1,000 1,000 101-451-5-101-04 Overtime Pay 1,000 1,000 0% 1,000
2,700 3,225 3,225 101-451-5-101-06 Car Allowance 6,600 6,600 105% 6,600
0 0 39,952 101-451-5-101-07 Clothing Allowance 0 0 0% 0
0 240 240 101-451-5-101-10 Wellness Benefit 0 0 -100% 0
37,704 39,952 39,952 101-451-5-120-00 FICA 43,084 43,084 8% 44,807
10,061 11,313 11,313 101-451-5-121-09 Retirement 11,891 11,891 5% 12,367
27,474 34,413 34,413 101-451-5-123-00 Group Insurance 34,863 34,863 1% 38,349
16,938 15,805 15,805 101-451-5-130-00 Workman's Compensation 22,350 22,350 41% 22,350
599,609 636,153 676,105 Personnel Services Total 673,212 673,212 6% 701,034
11,354 10,395 10,395 101-451-5-421-00 Insurance 13,115 13,115 26% 13,640
6,493 10,000 10,000 101-451-5-422-07 Contracting Services 10,000 10,000 0% 10,400
10,813 9,000 9,000 101-451-5-423-05 Advertising/Promotion Fees 9,500 9,500 6% 9,880
81 1,000 1,000 101-451-5-425-02 Maintenance Motor Vehicle 1,000 1,000 0% 1,040
3,242 5,000 5,000 101-451-5-425-05 Maintenance Buildings 4,000 4,000 -20% 4,160
2,525 3,000 3,000 101-451-5-426-01 Office Supplies 3,500 3,500 17% 3,640
579 1,800 1,800 101-451-5-426-04 Cleaning Supplies 1,800 1,800 0% 1,872
25,676 20,500 20,500 101-451-5-426-07 Recreation Supplies 20,500 20,500 0% 21,320
0 100 100 101-451-5-426-09 Subscriptions/Books 100 100 0% 104
1,005 1,250 1,250 101-451-5-426-10 Gasoline 1,800 1,800 44% 1,872
7,981 10,000 10,000 101-451-5-426-17 Uniforms 10,000 10,000 0% 10,400
296 2,500 2,500 101-451-5-427-01 Travel & Lodging 1,500 1,500 -40% 1,560
660 600 600 101-451-5-427-02 Registration & Training 600 600 0% 624
4,300 4,500 4,500 101-451-5-428-01 Telephone 5,000 5,000 11% 5,200
8,896 8,200 8,200 101-451-5-428-02 Electric & Water 10,000 10,000 22% 10,400
4,094 6,000 6,000 101-451-5-428-03 Heat 6,000 6,000 0% 6,240
25 100 100 101-451-5-429-01 Membership & Dues 100 100 0% 104
633 1,100 1,100 101-451-5-429-08 Postage 1,100 1,100 0% 1,144
16,677 16,000 16,000 101-451-5-447-10 Aquatic Ctr Concession Supplies 17,000 17,000 6% 17,680
200 0 - 101-451-5-459-00 Loss or Damage 0 0 0% 0
270 125 125 101-451-5-469-00 Credit Card Fees/Banking Fees 300 300 140% 312
6,781 5,000 5,000 101-451-5-854-00 Refunds 5,000 5,000 0% 5,000
112,581 116,170 116,170 Operating Expense Total 121,915 121,915 5% 126,592
00- 101-451-5-920-00 Furniture & Equipment 9,000 9,000 0% 0
2,841 0 - 101-451-5-950-01 Capital less than $5,000 0 0 0% 0
2,841 0 - Capital Expense Total 9,000 9,000 100% 0
305,712 320,000 320,000 Revenue Total 327,500 327,500 2% 343,600
715,032 752,323 792,275 Expenditure Total 804,127 804,127 7% 827,626
89
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
PARKS
266,449 265,000 265,000 101-452-4-446-01 Golf Fees 0 0 -100% 0
3,593 3,500 3,500 101-452-4-446-04 Tennis Court Fees 3,500 3,500 0% 3,640
58,206 50,000 50,000 101-452-4-446-05 Ice Arena Fees 55,000 55,000 10% 70,000
13,418 13,000 13,000 101-452-4-446-06 Camping Fees 17,000 17,000 31% 17,680
39,269 0 - 101-452-4-446-10 Ice Arena Donations 375,000 250,000 100% 0
20,000 25,000 25,000 101-452-4-446-18 Ice Arena Summer Ice/Oper Cost 45,000 45,000 80% 50,000
6,995 7,000 7,000 101-452-4-662-11 Garden Plot Rentals 7,000 7,000 0% 7,280
6,843 3,000 3,000 101-452-4-446-08 Reimbursed Expense 3,000 3,000 0% 3,120
0 60,000 60,000 101-452-4-664-00 Sale of Fixed Assets 0 0 -100% 0
40- 101-452-4-669-02 Miscellaneous Revenue 0 0 0% 0
414,777 426,500 426,500 Revenue Total 505,500 380,500 -11% 151,720
440,406 456,018 456,018 101-452-5-101-00 Regular Pay 358,685 358,685 -21% 373,032
170,252 171,000 171,000 101-452-5-101-01 Temporary Pay 149,500 149,500 -13% 155,480
2,851 6,500 6,500 101-452-5-101-04 Overtime Pay 4,500 4,500 -31% 4,500
2,100 1,050 1,050 101-452-5-101-06 Car Allowance 1,200 1,200 14% 1,200
160 500 1,152 101-452-5-101-10 Wellness Benefit 500 500 0% 500
43,548 49,348 49,348 101-452-5-120-00 FICA 39,508 39,508 -20% 41,088
26,433 27,845 27,845 101-452-5-121-09 Retirement 22,017 22,017 -21% 22,898
96,174 110,196 110,196 101-452-5-123-00 Group Insurance 104,140 104,140 -5% 114,554
18,131 19,060 19,060 101-452-5-130-00 Workman's Compensation 19,806 19,806 4% 19,806
800,055 841,517 842,169 Personnel Services Total 699,856 699,856 -17% 733,058
26,695 26,579 26,579 101-452-5-421-00 Insurance 25,796 25,796 -3% 26,828
1,106 4,500 4,500 101-452-5-422-03 Consulting/Engineering 4,500 4,500 0% 4,680
60,338 60,000 60,000 101-452-5-422-04 Contracting Services/Pro 0 0 -100% 0
1,320 3,000 3,000 101-452-5-422-07 Contracting Services 3,000 3,000 0% 3,120
131 350 350 101-452-5-422-15 Drug & Alcohol Testing 350 350 0% 364
444 500 500 101-452-5-423-01 Publication /Recording Fees 500 500 0% 520
0 300 300 101-452-5-423-05 Advertising/Promotion Fees 300 300 0% 312
4,849 2,500 2,500 101-452-5-424-01 Equipment Rental 2,500 2,500 0% 2,600
40 500 500 101-452-5-425-01 Maintenance Office Equipment 500 500 0% 520
1,568 4,500 4,500 101-452-5-425-02 Maintenance Motor Vehicle 4,500 4,500 0% 4,680
3,530 2,500 2,500 101-452-5-425-03 Maintenance Trucks 2,500 2,500 0% 2,600
58,600 42,000 42,000 101-452-5-425-04 Maintenance Equipment 30,000 30,000 -29% 31,200
12,345 7,500 7,500 101-452-5-425-05 Maintenance Buildings 0 0 -100% 0
97 200 200 101-452-5-425-06 Maintenance Radio 200 200 0% 208
11,443 12,000 12,000 101-452-5-425-11 Maintenance Swimming Pool 12,000 12,000 0% 12,480
1,713 1,750 1,750 101-452-5-426-01 Office Supplies 1,250 1,250 -29% 1,300
43,426 46,000 46,000 101-452-5-426-03 General Supplies 40,000 40,000 -13% 41,600
7,530 5,000 5,000 101-452-5-426-04 Cleaning Supplies 4,000 4,000 -20% 4,160
19,557 28,000 28,000 101-452-5-426-06 Horticulture Supplies 15,000 15,000 -46% 15,600
693 750 750 101-452-5-426-09 Subscriptions/Books 750 750 0% 780
31,127 30,000 30,000 101-452-5-426-10 Gasoline 40,000 40,000 33% 41,600
2,465 2,000 2,000 101-452-5-426-11 Oil & Grease Supplies 2,000 2,000 0% 2,080
2,012 2,000 2,000 101-452-5-426-12 Tires 2,000 2,000 0% 2,080
13,108 11,000 11,000 101-452-5-426-13 Diesel Fuel 16,000 16,000 45% 16,640
35,310 42,000 42,000 101-452-5-426-15 Chemicals 40,000 40,000 -5% 41,600
192 2,000 2,000 101-452-5-426-17 Uniforms 1,500 1,500 -25% 1,560
2,155 2,500 2,500 101-452-5-426-18 Gravel 2,500 2,500 0% 2,600
0 2,500 2,500 101-452-5-426-19 Bituminous Material 2,500 2,500 0% 2,600
0 5,000 5,000 101-452-5-426-21 Bike Trail & Parking Lot sealing 30,000 30,000 500% 0
3,153 6,000 6,000 101-452-5-426-23 Sand 4,000 4,000 -33% 4,160
132 700 700 101-452-5-427-01 Travel & Lodging 700 700 0% 728
630 500 500 101-452-5-427-02 Registration & Training 500 500 0% 520
10,562 12,000 12,000 101-452-5-428-01 Telephone 11,000 11,000 -8% 11,440
135,042 135,000 135,000 101-452-5-428-02 Electric & Water 150,000 150,000 11% 156,000
53,030 60,000 60,000 101-452-5-428-03 Heat 60,000 60,000 0% 62,400
1,056 1,250 1,250 101-452-5-428-05 Hauling Services 1,250 1,250 0% 1,300
524 750 750 101-452-5-429-01 Membership & Dues 750 750 0% 780
90
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
1,093 1,400 1,400 101-452-5-429-08 Postage 1,400 1,400 0% 1,456
3,190 3,000 3,000 101-452-5-469-00 Banking Fees/Credit Card Fees 500 500 -83% 520
515 0 - 101-452-5-854-00 Remit Revenue Collected 0 0 0% 0
550,720 568,029 568,029 Operating Expense Total 514,246 514,246 -9% 503,616
7,630 0 - 101-452-5-911-00 Building & Structures 680,000 590,000 100% 200,000
14,886 52,000 52,000 101-452-5-920-00 Furniture & Equipment 15,000 15,000 30,000
63,298 58,298 58,298 101-452-5-930-00 Machinery & Auto Equipment 142,500 142,500 144%
111,064 275,000 275,000 101-452-5-940-00 Other Capital 40,000 40,000 -85% 60,000
00- 101-452-5-950-01 Capital less than $5,000 0 0 100% 40,000
24,377 0 - 101-452-5-960-00 Street & Sidewalk Improvements 147,190 147,190 100% 15,000
221,255 385,298 385,298 Capital Expense Total 1,024,690 934,690 143% 345,000
414,777 426,500 426,500 Revenue Total 505,500 380,500 -11% 151,720
1,572,030 1,794,844 1,795,496 Expenditure Total 2,238,792 2,148,792 20% 1,581,674
91
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
FORESTRY
20,877 0 - 101-454-4-441-08 Reimbursed Expense 0 0 0% 0
947 20,000 20,000 101-454-4-441-09 Miscellaneous 20,000 20,000 0% 20,000
2,365,326 20,000 20,000 Revenue Total 20,000 20,000 0% 20,000
161,889 169,010 169,010 101-454-5-101-00 Regular Pay 173,931 173,931 3% 213,501
13,200 16,250 16,250 101-454-5-101-01 Temporary Pay 25,000 25,000 54% 15,000
233 1,500 1,500 101-454-5-101-04 Overtime Pay 750 750 -50% 750
0 525 525 101-454-5-101-06 Car Allowance 600 600 14% 600
12,452 12,731 12,731 101-454-5-120-00 FICA 14,843 14,843 17% 18,519
9,740 9,985 9,985 101-454-5-121-09 Retirement 10,592 10,592 6% 14,238
43,411 49,962 49,962 101-454-5-123-00 Group Insurance 33,840 33,840 -32% 33,840
6,784 6,330 6,330 101-454-5-130-00 Workman's Compensation 8,952 8,952 41% 8,952
247,708 266,293 266,293 Personnel Services Total 268,508 268,508 1% 305,400
3,532 3,900 3,900 101-454-5-421-00 Insurance 4,301 4,301 10% 4,473
294 200 200 101-454-5-422-15 Drug & Alcohol Testing 200 200 0% 208
2,666 6,200 6,200 101-454-5-425-03 Maintenance Trucks 6,200 6,200 0% 6,448
7,172 4,500 4,500 101-454-5-425-04 Maintenance Equipment 4,500 4,500 0% 4,680
995 750 750 101-454-5-425-05 Maintenance Buildings 1,000 1,000 33% 1,040
0 100 100 101-454-5-425-06 Operating Expense 100 100 0% 104
959 1,000 1,000 101-454-5-425-17 Maintenance Sidewalks 1,000 1,000 0% 1,040
8,554 5,000 5,000 101-454-5-426-03 General Supplies 5,000 5,000 0% 5,200
16,626 12,000 12,000 101-454-5-426-06 Horticulture Supplies 13,000 13,000 8% 13,520
0 150 150 101-454-5-426-09 Subscriptions/Books 150 150 0% 156
11,619 13,000 13,000 101-454-5-426-10 Gasoline 17,000 17,000 31% 17,680
134 300 300 101-454-5-426-11 Oil & Grease Supplies 300 300 0% 312
1,427 2,000 2,000 101-454-5-426-12 Tires 2,000 2,000 0% 2,080
2,572 3,500 3,500 101-454-5-426-13 Diesel Fuel 4,000 4,000 14% 4,160
0 400 400 101-454-5-426-15 Supplies 400 400 0% 416
182 750 750 101-454-5-426-17 Uniforms 750 750 0% 780
40 0 500 101-454-5-426-18 Gravel 0 0 0% 0
810 500 - 101-454-5-427-01 Travel & Lodging 500 500 0% 520
235 500 500 101-454-5-427-02 Registration & Training 500 500 0% 520
864 1,000 1,000 101-454-5-428-01 Telephone 1,000 1,000 0% 1,040
2,770 3,500 3,500 101-454-5-428-03 Heat 4,000 4,000 14% 4,160
1,083 2,500 2,500 101-454-5-428-05 Hauling Service 2,000 2,000 -20% 2,080
105 125 125 101-454-5-429-01 Membership & Dues 125 125 0% 130
312 200 200 101-454-5-429-08 Postage 200 200 0% 208
62,950 62,075 62,075 Operating Expense Total 68,226 68,226 10% 70,955
59,306 46,585 46,585 101-454-5-930-00 Machinery & Auto Equipment 135,000 135,000 190% 0
0 2,000 2,000 101-454-5-950-01 Capital less than $5,000 0 0 -100% 0
59,306 48,585 48,585 Capital Expense Total 135,000 135,000 178% 0
21,823 20,000 20,000 Revenue Total 20,000 20,000 0% 20,000
369,964 376,953 376,953 Expenditure Total 471,734 471,734 25% 376,355
92
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
LIBRARY
25,000 25,000 25,000 101-455-4-339-00 In Lieu of Taxes 25,000 25,000 0% 26,000
2,575 2,052 2,052 101-455-4-334-09 Grants 0 0 -100% 0
3,590 0 3,500 101-455-4-669-01 Miscellaneous 3,000 3,000 100% 3,120
31,165 27,052 30,552 Revenue Total 28,000 28,000 4% 29,120
379,947 430,334 430,000 101-455-5-101-00 Regular Pay 450,091 450,091 5% 468,095
37,768 46,000 45,900 101-455-5-101-01 Temporary Pay 50,450 50,450 10% 52,468
155 500 500 101-455-5-101-10 Wellness Benefit 500 500 0% 520
29,866 36,578 36,000 101-455-5-120-00 FICA 38,421 38,421 5% 39,958
22,811 25,851 25,851 101-455-5-121-09 Retirement 27,107 27,107 5% 28,191
55,728 78,499 66,000 101-455-5-123-00 Group Insurance 72,174 72,174 -8% 79,391
1,211 1,333 1,333 101-455-5-130-00 Workman's Compensation 1,589 1,589 19% 1,589
527,486 619,095 605,584 Personnel Services Total 640,332 640,332 3% 670,212
7,455 6,951 6,951 101-455-5-421-00 Insurance 8,612 8,612 24% 8,956
41,212 44,000 43,000 101-455-5-422-08 Computer Services 44,000 44,000 0% 45,760
379 500 400 101-455-5-423-05 Advertising/Promotion Fees 500 500 0% 520
2,376 2,376 2,376 101-455-5-424-01 Equipment Rental 2,450 2,450 3% 2,548
895 1,500 1,500 101-455-5-425-01 Maintenance Office Equipment 1,500 1,500 0% 1,560
8,389 8,650 9,200 101-455-5-425-04 Maintenance Equipment 8,850 8,850 2% 9,204
1,567 1,800 1,800 101-455-5-425-05 Maintenance Buildings 1,850 1,850 3% 1,924
708 800 800 101-455-5-426-01 Office Supplies 800 800 0% 832
11,595 14,000 13,750 101-455-5-426-03 General Supplies 14,000 14,000 0% 14,560
2,300 2,100 2,200 101-455-5-426-04 Cleaning Supplies 2,165 2,165 3% 2,252
10,265 5,400 5,400 101-455-5-427-01 Travel & Lodging 5,600 5,600 4% 5,824
6,945 7,300 7,300 101-455-5-428-01 Telephone 7,700 7,700 5% 8,008
51,381 47,400 54,000 101-455-5-428-02 Electric & Water 56,000 56,000 18% 58,240
17,940 17,940 17,940 101-455-5-429-03 Cleaning Supplies 20,190 20,190 13% 20,998
4,009 4,000 4,000 101-455-5-429-08 Postage 4,500 4,500 13% 4,680
167,416 164,717 170,617 Operating Expense Total 178,717 178,717 8% 185,866
6,595 9,052 9,052 101-455-5-950-01 Capital less than $5,000 7,000 7,000 -23% 7,000
44,790 50,000 51,000 101-455-5-950-02 Adult Reading Level Books 54,000 54,000 8% 54,200
17,981 16,700 16,900 101-455-5-950-03 Children Reading Level Books 13,700 13,700 -18% 13,800
14,229 14,300 14,900 101-455-5-950-04 Audio/Visual Material 16,500 16,500 15% 16,600
7,560 8,300 8,300 101-455-5-950-05 Periodicals/Subscriptions 8,300 8,300 0% 8,400
4,010 4,300 4,250 101-455-5-950-06 Large Print Books 4,650 4,650 8% 4,800
00- 101-455-5-950-07 Young Adult Reading Level Book 6,000 6,000 100% 6,200
95,164 102,652 104,402 Capital Expense Total 110,150 110,150 7% 111,000
31,165 27,052 30,552 Revenue Total 28,000 28,000 4% 29,120
790,067 886,464 880,603 Expenditure Total 929,199 929,199 5% 967,078
HISTORIC PRESERVATION
19,941 25,000 25,000 101-457-4-334-08 Historic Grants 25,000 25,000 0% 25,000
0 0 2,000 101-457-4-441-08 Reimbursed Expense 0 0 0% 0
19,941 25,000 27,000 Revenue Total 25,000 25,000 0% 25,000
1,561 2,000 2,000 101-457-5-426-03 General Supplies 2,000 2,000 0% 2,080
354 500 500 101-457-5-426-05 Photographic Supplies 500 500 0% 520
2,912 2,500 2,500 101-457-5-427-01 Travel & Lodging 2,500 2,500 0% 2,600
13,451 23,000 23,000 101-457-5-428-00 Public Education 23,000 23,000 0% 23,920
600 600 600 101-457-5-429-01 Membership & Dues 600 600 0% 624
18,878 28,600 28,600 Operating Expense Total 28,600 28,600 0% 29,744
19,941 25,000 27,000 Revenue Total 25,000 25,000 0% 25,000
18,878 28,600 28,600 Expenditure Total 28,600 28,600 0% 29,744
93
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
APPROPRIATION/SUBSIDIES
18,000 18,000 18,000 101-495-5-856-03 Brookings Arts Council 21,000 21,000 17% 21,000
7,000 7,000 7,000 101-495-5-856-04 Community Band Subsidy 8,000 8,000 14% 8,000
0 35,733 5,000 101-495-5-856-05 Other Transportation 5,000 5,000 -86% 5,000
56,733 0 - 101-495-5-856-06 Taxi Subsidy 0 0 0% 0
25,000 50,000 50,000 101-495-5-856-07 Brookings Area Transit Authori 60,000 60,000 20% 60,000
15,000 15,000 15,000 101-495-5-856-08 Alcohol Referral Subsidy 15,000 15,000 0% 15,000
690 1,000 - 101-495-5-856-11 Christmas Decorations Subsidy 1,000 1,000 0% 10,000
223,200 207,200 207,200 101-495-5-856-37 School District Subsidy 0 207,200 0% 207,200
10,000 10,000 10,000 101-495-5-856-49 4th of July Subsidy 10,000 10,000 0% 10,000
101-495-5-856-68 Juvenile Justice Grant 5,834 5,834 100% 5,834
00- 101-495-5-856-68 Other 0 0 0% 0
40,000 75,000 75,000 101-495-5-856-69 Boys & Girls Club Subsidy 75,000 75,000 0% 75,000
395,623 418,933 387,200 Expenditure Total 200,834 408,034 -3% 417,034
TRANSFER OUT TO OTHER FUNDS
266,500 284,000 284,000 101-495-7-899-01 Transfer out to Airport 153,000 153,000 -46% 37,000
0 355,000 355,000 101-495-7-899-02 Transfer out to Industrial Dev 0 0 -100% 0
0 300,000 300,000 101-495-7-899-23 Transfer out to Streetscape 0 0 -100% 0
330,000 309,407 309,407 101-495-7-899-03 Transfer out to Swiftel 300,000 300,000 -3% 300,000
101-495-7-899-08 Transfer out to Special Assessment 150,000 100,000 0
101-495-7-899-14 Transfer out to Storm Drainage 200,000 42,800 0
4,000,000 101-495-7-899-22 Transfer out to Retail Development 0 0 0
00- 101-495-7-899-04 Transfer out to Edgebrook Golf 145,000 145,000 100% 240,488
596,500 1,248,407 5,248,407 Funding Other Funds 948,000 740,800 -41% 577,488
GENERAL FUND TOTALS
12,672,054 11,933,279 12,599,777 Total Revenue 13,874,158 13,772,158 15%14,069,552
6,434,231 7,017,748 6,997,324 Total Personal Services 7,305,706 7,305,706 4%7,752,254
3,530,134 4,410,977 8,391,503 Total Operating Expenses 4,245,150 4,245,150 -4%4,115,399
1,120,905 1,257,913 1,261,977 Total Capital 2,299,450 2,219,925 76%2,201,899
11,085,270 12,686,638 16,650,804 Total Expenses 13,850,306 13,770,781 9%14,069,551
1,586,784 -753,359 (4,051,027) Total Net Rev or (Net Costs)23,853 1,378 -100%0
5,127,625 4,374,266 1,076,598 General Fund Cash Balance 331,617
1,191,038 1,191,038 1,191,038 Restricted Cash 1,191,038
5,072,879 1,072,879 1,072,879 Reserved Fund Balance 1,072,879
1,182,778 4,319,520 131,751 Unreserved Fund Balance
94
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
RETAIL DEVELOPMENT
0 0 4,000,000 211-000-6-700-00 Transfer in from General Fund
0 0 4,000,000 Transfer from other funds 0 0 0
0 2,400 2,400 211-000-5-428-02 Electric and Water
0 6,800 6,800 211-000-5-428-03 Heat
0 4,000,000 211-000-5-910-00 Land
14,161,103 9,200 4,009,200 Expenditure Total 0 0 0
(9,200) Net Cost
11,604 2,404 2,404 Retail Development Cash Bal 0
326,104 326,104 316,904 Reserved Fund Balance
25% SALES & USE TAX
1,232,204 1,140,850 1,200,000 212-000-4-113-02 Sales & Use Tax 1,168,750 1,168,750 2% 1,215,500
0 4,000 - 212-000-4-661-00 Interest Income 0 0 -100% 0
35,821 0 21,500 212-000-4-661-01 Money Market Interest 15,000 15,000 100% 15,600
72,400 0 - 212-000-4-342-99 Miscellaneous 0 0 0% 0
22,792 0 - 212-000-4-441-08 Wildfire Reimbursement 0 0 0% 0
1,363,218 1,144,850 1,221,500 Revenue Total 1,183,750 1,183,750 3% 1,231,100
543,890 960,767 960,767 212-000-7-899-00 Transfer out General Fund 1,421,331 1,421,331 48% 1,520,000
180,000 455,000 455,000 212-000-7-899-02 Transfer Out to Industrial Ld 0 0 -100% 0
199,529 222,720 222,720 212-000-7-899-10 Transfer out E911 226,843 226,843 2% 225,000
0 255,447 255,447 212-000-7-899-21 Transfer out Sales & Use 25% 0 0 -100% 0
923,419 1,893,934 1,893,934 Funding Other Funds 1,648,174 1,648,174 -13% 1,745,000
439,799 -749,084 -672,434 Net Revenue/Cost -464,424 -464,424 -513,900
1,261,154 512,070 588,720 25% Sales & Use Tax Cash Bal 47,646
151,916 151,916 151,916 Restricted Cash 151,916
1,075,500 1,075,500 400,000 Reserved Fund Balance 610,841
47,411 (701,673) 50,477 Unreserved Fund Balance
75% PUBLIC IMPROVEMENT/SALES & USE TAX
3,712,740 3,000,000 3,600,000 213-000-4-113-02 Sales & Use Tax 3,506,250 3,506,250 17% 3,646,500
117,547 85,000 - 213-000-4-661-00 Interest Income 0 0 -100% 0
101,787 0 50,000 213-000-4-661-01 Money Market Interest 42,000 42,000 100% 43,680
77,000 61,600 61,600 213-000-4-446-10 Donations 46,200 46,200 -25% 30,800
4,009,074 3,146,600 3,711,600 Revenue Total 3,594,450 3,594,450 14% 3,720,980
100,000 100,000 100,000 213-000-5-856-72 Boys & Girls Club Cap Impv/2010 100,000 100,000 0% 100,000
00- 213-000-5-940-00 Railroad Crossing/Match by DME 40,000 40,000 150,000
0 141,000 - 213-000-5-940-00 Bike Trail 0 0 0
30,000 0 - 213-000-5-940-01 Other Capital - Swiftel Center 0 0 0% 0
81,783 0 - 213-000-5-960-03 Streetscape 0 0 0% 0
0 500,000 500,000 213-000-5-856-67 SDSU Wellness Center 0 0 -100% 0
150,000 150,000 150,000 213-000-5-856-76 SDSU Research Park 150,000 150,000 0% 150,000
25,000 0 - 213-000-5-856-77 URC Child Care Center 0 0 0% 0
1,578,000 1,638,000 1,638,000 213-000-5-470-01 Bond Principal Payments 1,678,000 1,678,000 2% 1,723,000
802,389 744,034 744,034 213-000-5-470-02 Bond Interest Payments 682,707 682,707 -8% 619,434
1,200 1,200 1,200 213-000-5-470-03 Debt Service Costs 1,200 1,200 0% 1,200
2,768,371 3,274,234 3,133,234 Expenditure Total 2,651,907 2,651,907 -19% 2,743,634
0 0 1,000,000 213-000-7-899-00 Transfer out General Fund 135,000 135,000 100% 0
0 189,215 - 213-000-7-899-01 Transfer Out to Airport 0 0 -100% 650,000
70,000 225,000 225,000 213-000-7-899-03 Transfer out-Swiftel CIP 70,000 70,000 -69% 245,000
0 1,000,000 225,000 213-000-7-899-25 Transfer out-Streetscape 0 0 -100% 0
0 1,000,000 225,000 213-000-7-899-26 Transfer out-Bike Trail Project 0 141,000 0
70,000 2,414,215 1,675,000 Funding Other Funds 205,000 346,000 -86% 895,000
1,170,703 -2,541,849 -1,096,634 Net Revenue/Cost 737,543 596,543 82,346
1,579,047 (962,802) 482,413 75% Sales & Use Tax Cash Bal -366,259
399,923 399,923 399,923 Restricted Cash 399,923
3,324,923 3,324,923 3,324,923 Reserved Fund Balance 3,324,923
2,073,471 (468,378) 976,837 Unreserved Fund Balance
95
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
ENHANCED 911
150,000 170,000 170,000 214-000-4-338-05 County E911 170,000 170,000 0% 225,000
199,529 222,720 - 214-000-6-700-03 Transfer in Sales & Use 226,843 226,843 2% 225,000
349,529 392,720 170,000 Revenue & Transfer from funds 396,843 396,843 1% 450,000
238,684 275,229 275,229 214-000-5-101-00 Regular Pay 282,798 282,798 3% 294,110
5,969 10,000 10,000 214-000-5-101-04 Overtime Pay 10,000 10,000 0% 10,000
00- 214-000-5-101-07 Clothing Allowance 0 0 100% 0
00- 214-000-5-101-10 Wellness Benefit 240 240 100% 240
17,700 21,579 21,579 214-000-5-120-00 FICA 22,586 22,586 5% 23,489
14,880 17,066 17,066 214-000-5-121-09 Retirement 17,714 17,714 4% 18,423
49,468 69,565 69,565 214-000-5-123-00 Group Insurance 71,212 71,212 2% 78,333
696 766 766 214-000-5-130-00 Workmans Compensation 918 918 20% 918
327,398 394,205 118,976 Personnel Services Total 405,468 405,468 3% 425,513
3,850 3,850 3,850 214-000-5-424-01 Equipment Rental 3,850 3,850 0% 4,004
700 0 - 214-000-5-425-06 Maintenance Radio 0 0 0% 0
1,197 1,100 1,100 214-000-5-426-01 Office Supplies 1,250 1,250 14% 1,300
1,138 1,500 1,500 214-000-5-426-03 General Supplies 1,300 1,300 -13% 1,352
208 125 125 214-000-5-426-09 Subscriptions/Books 125 125 0% 130
1,011 900 900 214-000-5-426-17 Uniforms 1,200 1,200 33% 1,248
-136 0 - 214-000-5-427-01 Travel & Lodging 0 0 0% 0
218 0 - 214-000-5-427-02 Registration & Training 0 0 0% 0
2,840 2,700 2,700 214-000-5-428-01 Telephone 3,000 3,000 11% 3,120
528 800 800 214-000-5-429-01 Membership & Dues 650 650 -19% 676
169 0 - 214-000-5-442-09 Miscellaneous 0 0 0% 0
11,723 10,975 3,500 Operating Expense Total 11,375 11,375 4% 11,830
327,398 394,205 3,500 Personnel Services Total 405,468 405,468 3% 425,513
339,121 405,180 1,025 Expenditure Total 416,843 416,843 3% 437,343
10,408 -12,460 3,500 Net Revenue/Cost -20,000 -20,000 61% 12,657
34,792 22,332 38,292 Enhanced E911 Cash Balance 2,332
37,393 24,933 40,893 Unreserved Fund Balance
SWIFTEL CENTER
00- 224-000-4-664-00 Sale of Fixed Assets 0 0 0% 0
1,354,373 1,148,027 1,148,027 224-000-4-669-02 Miscellaneous Revenues 1,220,926 1,220,926 6% 1,269,763
330,000 309,407 309,407 224-000-6-700-00 Transfer in from General Fund 300,000 300,000 -3% 300,000
0 0 224-000-6-700-13 Transfer in from 3rd B Tax 16,689 16,689 100% 16,700
70,000 225,000 225,000 224-000-6-700-04 Transfer in Sales & Use Tax 70,000 70,000 -69% 245,000
1,754,373 1,682,434 1,682,434 Revenue & Transfer from funds 1,607,615 1,607,615 -4% 1,831,463
589,056 562,798 562,798 224-000-5-101-02 Personnel Services 694,790 694,790 23% 722,463
589,056 562,798 562,798 Personnel Services Total 694,790 694,790 23% 722,463
103,813 88,583 88,583 224-000-5-422-07 Contracted Services 88,283 88,283 0% 90,000
215,654 248,134 248,134 224-000-5-424-06 Occupancy 229,150 229,150 -8% 234,000
14,399 16,100 16,100 224-000-5-427-01 Travel and Motor Vehicle 16,615 16,615 3% 17,000
55,230 0 - 224-000-5-429-00 Miscellaneous Expense 0 0 0% 0
687,430 520,692 520,692 224-000-5-429-09 Services/Operations 486,014 486,014 -7% 500,000
18,479 21,127 21,127 224-000-5-669-02 General Administrative 22,763 22,763 8% 23,000
1,095,006 894,636 894,636 Operating Expense Total 842,825 842,825 -6% 864,000
70,311 225,000 225,000 224-000-5-940-01 Capital 70,000 70,000 -69% 245,000
70,311 225,000 225,000 Capital Expense Total 70,000 70,000 -69% 245,000
1,754,373 1,682,434 1,682,434 Expenditure Total 1,607,615 1,607,615 -4% 1,831,463
1,754,373 1,682,434 1,682,434 Revenue Total 1,607,615 1,607,615 -4% 1,831,463
0 0 0 Net Revenue/Cost 0 0 0% 0
76,141 76,141 76,141 Swiftel Center Cash Balance 76,141 76,141 76,141
37,393 37,393 37,393 Unreserved Fund Balance
96
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
LIBRARY FINES
569 500 500 226-000-4-661-00 Interest - Investments 500 500 0% 500
28,352 29,000 29,000 226-000-4-559-00 Fines - Library 30,000 30,000 3% 30,000
28,920 29,500 29,500 Revenue Total 30,500 30,500 3% 30,500
26,239 35,000 35,000 226-000-5-899-99 Other Expenses 35,000 35,000 0% 35,000
26,239 35,000 35,000 Other Expense Total 35,000 35,000 0% 35,000
2,681 -5,500 -5,500 Net Revenue/Cost -4,500 -4,500 0% -4,500
31,503 26,003 26,003 Library Fines Cash Balance 21,503 -4,500
28,849 23,349 17,849 Unreserved Fund Balance
LIBRARY DONATIONS
4,008 1,000 1,000 227-000-4-661-00 Interest - Investments 1,500 1,500 50% 1,500
31,275 30,000 30,000 227-000-4-446-10 Donations 30,000 30,000 0% 30,000
35,283 31,000 31,000 Revenue Total 31,500 31,500 2% 31,500
32,412 30,000 30,000 227-000-5-899-99 Other Expenses 35,000 35,000 17% 35,000
32,412 30,000 30,000 Other Expense Total 35,000 35,000 17% 35,000
2,871 1,000 1,000 Net Revenue/Cost -3,500 -3,500 0% -3,500
111,236 112,236 112,236 Library Donations Cash Balance 108,736 -3,500
109,624 110,624 110,624 Unreserved Fund Balance
INDUSTRIAL PARK
7,461 2,500 2,500 278-000-4-661-01 Money Market Interest Income 0 0 -100% 0
6,561 1,500 1,500 278-000-4-661-05 Loan Interest 4,509 2,500 67% 310
0 0 5,800 278-000-4-848-12 Rentals 6,000 6,000 100% 6,000
55,800 270,000 270,000 278-000-4-664-00 Sale of Fixed Assets 50,000 50,000 -81% 50,000
422,000 0 - 278-000-4-669-02 Miscellaneous 0 0 0% 0
0 355,000 355,000 278-000-6-700-00 Transfer in from General Fund 0 0 -100% 0
180,000 455,000 455,000 278-000-6-700-04 Transfer In from S&U Tax 0 0 -100% 0
671,822 1,084,000 1,089,800 Revenue & Transfer from funds 60,509 58,500 -95% 56,310
54,123 70,000 70,000 278-000-5-422-03 Consulting/Engineering 15,000 15,000 -79% 15,000
368 0 - 278-000-5-701-00 Cost of Land Sold 0 0 0% 0
54,491 70,000 Other Expenses 15,000 15,000 -79% 15,000
405,561 405,561 405,561 278-000-5-910-00 Land 0 0 -100% 0
900,502 500,000 500,000 278-000-5-960-00 Street & Sidewalk Improvements 0 0 -100% 200,000
1,306,063 905,561 975,561 Total Capital 0 0 -100% 200,000
-688,732 108,439 114,239 Net Revenue/Cost 45,509 43,500 0% -158,690
262,228 370,667 376,467 Industrial Park Cash Balance 414,167
127,556 127,556 127,556 Restricted Cash 127,556
1,362,378 1,362,378 1,362,378 Reserved Fund Balance 1,362,378
315,804 424,243 430,043 Unreserved Fund Balance
97
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
SPECIAL ASSESSMENT
26,301 40,000 40,000 280-000-4-663-43 Special Assessment Deferred 41,000 41,000 3% 45,000
10,463 8,000 7,000 280-000-4-663-44 Special Assessment Interest 6,000 6,000 -25% 7,000
23,605 650,000 650,000 280-000-4-663-45 Special Assessment Current 235,000 235,000 -64% 244,400
2,029 200 200 280-000-4-663-46 Special Assessment Delinquent 400 400 100% 450
9,603 3,000 3,000 280-000-4-661-01 Money Market Interest Income 3,094 3,094 3% 3,218
280-000-4-700-00 Transfer in-General Fund 150,000 115,000 100% 0
0 300,000 300,000 280-000-6-700-20 Transfer in-Sales & Use Tax -100%
72,001 1,001,200 1,000,200 Revenue & Transfer from funds 435,494 400,494 -60% 300,068
23,828 950,000 950,000 280-000-5-960-00 Street & Sidewalk Improvements 400,000 400,000 -58% 300,000
23,828 950,000 950,000 Capital Expense Total 400,000 400,000 -58% 300,000
48,173 51,200 50,200 Net Revenue/Cost 35,494 494 -99% 68
352,207 403,407 402,407 Special Assessment Cash Bal 403,901 68
45,000 45,000 45,000 Restricted Cash 45,000
120,000 120,000 120,000 Reserved Fund Balance 120,000
228,724 279,924 278,924 Unreserved Fund Balance
STORM DRAINAGE
410,771 418,600 418,600 282-000-4-112-01 Drainage Fees 430,000 430,000 3% 447,200
2,221 3,000 3,000 282-000-4-112-02 Delinquent Drainage Fees 1,500 1,500 -50% 1,560
72,257 72,455 72,455 282-000-4-112-03 Drainage Fees/Direct Billing 72,455 72,455 0% 75,353
1,288 0 - 282-000-4-669-02 Miscellaneous 0 0 0% 0
40- 282-000-4-112-04 Drainage Fees Interest 0 0 0% 0
0 4,000 4,000 282-000-4-661-00 Interest Income 4,000 4,000 0% 4,160
282-000-4-700-00 Transfer in-General Fund 200,000 27,800
13,317 0 - 282-000-4-661-01 Money Market Interest Income 3,100 3,100 100% 3,224
499,858 498,055 498,055 Revenue Total 711,055 538,855 8% 531,497
51,917 54,037 39,600 282-000-5-101-00 Regular Pay 53,717 53,717 -1% 55,866
0 10,000 10,000 282-000-5-101-01 Temporary Pay 13,000 13,000 30% 13,520
466 1,000 1,000 282-000-5-101-04 Overtime Pay 1,000 1,000 0% 1,040
3,886 4,976 2,950 282-000-5-120-00 FICA 5,180 5,180 4% 5,387
3,137 3,303 2,400 282-000-5-121-09 Retirement 3,283 3,283 -1% 3,414
13,336 16,082 12,021 282-000-5-123-00 Group Insurance 15,173 15,173 -6% 16,690
2,850 3,135 1,752 282-000-5-130-00 Workmans Compensation 2,478 2,478 -21% 2,478
75,592 92,533 69,723 Personnel Services Total 93,831 93,831 1% 98,396
141,078 50,000 50,000 282-000-5-422-03 Consulting/Engineering 50,000 50,000 0% 50,000
56,665 53,000 53,000 282-000-5-425-10 Maintenance Storm Sewer 55,000 55,000 4% 55,000
1,468 500 500 282-000-5-429-07 Miscellaneous 500 500 0% 500
576 1,000 1,000 282-000-5-429-09 Miscellaneous 1,000 1,000 0% 1,000
199,786 104,500 104,500 Operating Expense Total 106,500 106,500 2% 106,500
150,000 100,000 100,000 282-000-5-910-00 Land 126,000 126,000 26% 0
277,175 200,000 200,000 282-000-5-980-00 Storm Sewer Improvements 200,000 200,000 0% 300,000
427,175 300,000 300,000 Capital Expense Total 326,000 326,000 9% 300,000
702,553 497,033 474,223 Expenditure Total 526,331 526,331 6% 504,896
499,858 498,055 498,055 Revenue Total 711,055 538,855 8% 531,497
-202,695 1,022 23,832 Net Revenue/Cost 184,724 12,524 0% 26,602
433,717 434,739 457,549 Storm Drainage Cash Balance 447,263
49,703 49,703 49,703 Restricted Cash 49,703
480,000 480,000 480,000 Reserved Fund Balance 480,000
38,206 38,206 62,038 Unreserved Fund Balance
98
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
3rd B SALES TAX
675,854 525,000 675,000 284-000-4-113-01 Sales & Use Tax 630,000 630,000 20% 655,200
2,528 0 - 284-000-4-661-01 Money Market Interest Income 0 0 0% 0
25,000 25,000 25,000 284-000-6-700-17 Transfer in Electric 25,000 25,000 0% 25,000
25,000 25,000 25,000 284-000-6-700-18 Transfer in Telephone 25,000 25,000 0% 25,000
728,382 575,000 725,000 Revenue & Transfer from funds 680,000 680,000 18% 705,200
00- 284-000-5-422-07 Contracting Video Production 30,000 30,000 100% 31,200
9,972 10,000 10,000 284-000-5-427-01 Travel & Lodging 10,000 10,000 0% 10,400
150,000 150,000 150,000 284-000-5-429-21 Chambers Visitors Bureau 150,000 150,000 0% 150,000
25,000 25,000 25,000 284-000-5-856-02 Brookings Chamber Promotional 25,000 25,000 0% 25,000
225,000 225,000 225,000 284-000-5-856-70 Promotional Board 225,000 225,000 0% 225,000
150,000 192,000 192,000 284-000-5-856-73 Brookings Economic Dev Corp 192,000 192,000 0% 192,000
25,000 25,000 25,000 284-000-5-856-74 Brookings Downtown Inc 25,000 25,000 0% 25,000
00- 284-000-7-899-03 Transfer out to Swiftel 16,689 16,689 100% 16,700
0 0 10,000 284-000-7-899-04 Transfer out to I-29 Corridor 0 20,000 100% 20,000
584,972 627,000 637,000 Expenditure Total 673,689 693,689 11% 695,300
143,410 -52,000 88,000 Net Revenue/Cost 6,311 -13,689 -74% 9,900
268,229 216,229 356,229 3RD B Sales Tax Cash Bal 202,540
62,700 62,700 62,700 Restricted Cash 62,700
274,383 222,383 362,383 Unreserved Fund Balance
STREETSCAPE
357,000 357,000 513-000-4-334-09 Grants
1,250,000 1,250,000 513-000-4-446-10 Donations
300,000 300,000 513-000-6-700-00 Transfer in from General Fund
107,722 107,722 513-000-6-700-01 Transfer in from Liquor
100,000 100,000 513-000-6-700-02 Transfer In from Landfill
1,489,560 1,489,560 513-000-6-700-04 Transfer in- Sales & Use Tax
387,495 387,495 513-000-6-700-08 Transfer in Utilities
0 3,991,777 3,991,777 Revenue & Transfer from funds 0 0 -100% 0
0 0 513-000-5-422-03 Consulting/Engineering
0 0 513-000-5-422-11 Contractor Services
0 0 513-000-5-450-08 Designing Fees
339,560 339,560 513-000-5-856-99 Streetscape Contingency
3,264,722 3,264,722 513-000-5-940-00 Streets and Sidewalks
387,495 387,495 513-000-5-940-02 Sewer and Water
0 3,991,777 3,991,777 Expenditure Total 0 0 -100% 0
0 0 Streetscape Cash Bal
0 0 Unreserved Fund Balance
BIKE TRAIL IMPROVEMENT
0 514-000-4-334-09 Grants 584,000
514-000-6-700-04 Transfer in- Sales & Use Tax 141,000
00- Revenue & Transfer from funds 0 725,000 0
514-000-5-940-00 Bike Trail Improvements 725,000
00- Expenditure Total 0 725,000 0
Bike Trail Improvement Cash Bal 0
Unreserved Fund Balance 0
99
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
LIQUOR FUND
- - - 601-000-4-380-33 Sales/Off Sale Keg Deposits 18,000 18,000 100% 18,720
- - - 601-000-4-380-34 Sales/Off Sale Keg Returns (18,000) (18,000) -100% (18,720)
- - - 601-000-4-381-33 Operating Agreemnt/Keg Deposit 20,000 20,000 100% 20,800
- - - 601-000-4-381-34 Operating Agreement/Keg Return (20,000) (20,000) -100% (20,800)
- - - 601-000-4-381-98 Operating Agreement Markup 10% 360,000 360,000 100% 374,400
- - - 601-000-4-381-99 Operating Agreement Markup 11% 80,000 80,000 100% 83,200
- - - 601-000-4-661-00 Interest Income-Investments - - 100% -
8,854 5,000 5,000 601-000-4-661-01 Money Market Interest Income 5,000 5,000 0% 5,200
- - 140,000 601-000-4-380-04 Sales/Off Sale Miscellaneous 140,000 140,000 100% 145,600
- - 16,000 601-000-4-380-05 Sales/Off Sale Lottery Machine 16,000 16,000 100% 16,640
- - 14,000 601-000-4-380-06 Sales/Off Sale Lottery Tickets 14,000 14,000 100% 14,560
- - (7,000) 601-000-4-380-08 Sales/Off Sale Lottery Payout (7,000) (7,000) 100% (7,280)
- - 1,825,000 601-000-4-380-11 Sales/Off Sale Liquor 1,825,000 1,825,000 100% 1,898,000
- - (25,000) 601-000-4-380-12 Sales/Off Sale Liquor Discount (25,000) (25,000) -100% (26,000)
- - 990,000 601-000-4-380-21 Sales/Off Sale Wine 990,000 990,000 100% 1,029,600
- - (25,000) 601-000-4-380-22 Sales/Off Sale Wine Discount (25,000) (25,000) -100% (26,000)
- - 875,000 601-000-4-380-31 Sales/Off Sale Beer 875,000 875,000 100% 910,000
- - - 601-000-4-380-32 Sales/Off Sale Beer Discount - - 0% -
- - - 601-000-4-380-99 Sales/Off Sale Deposit Adjust - - 0% -
- - 1,925,000 601-000-4-381-11 Sales/Operating Agree Liq/Wine 1,845,000 1,845,000 100% 1,918,800
- - 3,520,000 601-000-4-381-31 Sales/Operating Agreement Beer 3,160,000 3,160,000 100% 3,286,400
1,590,633 2,000,000 - 601-000-4-848-00 Sales/Off Sale Sales (P) - - -100% -
4,766,455 5,000,000 - 601-000-4-848-06 Accounts Receivable Sales (P) - - -100% -
1,595,629 1,400,000 - 601-000-4-848-07 Credit Card Sales (P) - - -100% -
(1,211,895) (1,300,000) (1,440,000) 601-000-4-852-01 Purchases/Liquor (1,440,000) (1,440,000) 11% (1,497,600)
(620,083) (600,000) (700,000) 601-000-4-852-02 Purchases/Beer (700,000) (700,000) 17% (728,000)
(108,697) (90,000) (112,000) 601-000-4-852-03 Purchases/Miscellaneous (112,000) (112,000) 24% (116,480)
(618,528) (700,000) (744,000) 601-000-4-852-04 Purchases/Wine (744,000) (744,000) 6% (773,760)
(22,618) (18,000) (23,000) 601-000-4-852-06 Purchases/Lottery (23,000) (23,000) 28% (23,920)
(705,848) (900,000) (1,750,000) 601-000-4-852-07 Purchases/Liquor-Bars (1,750,000) (1,750,000) 94% (1,820,000)
(3,582,809) (3,680,000) (3,200,000) 601-000-4-852-08 Purchases/Beer-Bars (3,200,000) (3,200,000) -13% (3,328,000)
5,200 4,800 5,200 601-000-4-662-12 Rent 5,200 5,200 8% 5,408
803 160 - 601-000-4-861-09 Miscellaneous (P) - - -100% -
1,097,096 1,121,960 1,289,200 Revenue Total 1,289,200 1,289,200 15% 1,340,768
229,209 238,603 228,492 601-000-5-101-00 Regular Pay 228,767 228,767 -4% 237,918
61,705 60,000 70,000 601-000-5-101-01 Temporary Pay 70,000 70,000 17% 72,800
2,757 8,500 7,000 601-000-5-101-04 Overtime Pay 7,000 7,000 -18% 7,000
155 300 100 601-000-5-101-10 Wellness Benefit 300 300 0% 300
21,943 23,341 23,512 601-000-5-120-00 FICA 23,533 23,533 1% 24,474
14,187 15,432 14,241 601-000-5-121-09 Retirement 14,258 14,258 -8% 14,828
20,865 26,432 42,071 601-000-5-123-00 Group Insurance 42,071 42,071 59% 46,278
2,426 2,669 3,769 601-000-5-130-00 Workmans Compensation 3,769 3,769 41% 3,920
353,248 375,277 389,185 Personnel Services Total 389,698 389,698 4% 407,518
4,703 5,174 5,665 601-000-5-421-00 Insurance 5,665 5,665 9% 5,892
1,000 1,000 1,000 601-000-5-422-02 Contracted Auditing Services 1,000 1,000 0% 1,040
2,916 0 - 601-000-5-422-07 Contracting Services 6,300 6,300 100% 6,552
11,197 15,000 15,000 601-000-5-423-05 Advertising/Promotion Fees 20,000 20,000 33% 20,800
74,467 81,700 81,700 601-000-5-424-06 Rent 81,700 81,700 0% 84,968
369 400 400 601-000-5-425-01 Maintenance Office Equipment 400 400 0% 416
659 1,850 5,850 601-000-5-425-04 Maintenance Equipment 700 700 -62% 728
7,035 3,000 7,000 601-000-5-425-05 Maintenance Buildings 2,000 2,000 -33% 2,080
1,219 1,700 1,700 601-000-5-426-01 Office Supplies 1,700 1,700 0% 1,768
20,017 17,000 15,000 601-000-5-426-03 General Supplies 17,000 17,000 0% 17,680
564 1,000 600 601-000-5-426-04 Cleaning Supplies 600 600 -40% 624
1,012 500 1,000 601-000-5-426-17 Uniforms 1,000 1,000 100% 1,040
1,464 1,400 2,000 601-000-5-427-01 Travel & Lodging 2,000 2,000 43% 2,080
4,562 6,000 5,000 601-000-5-428-01 Telephone 5,000 5,000 -17% 5,200
16,109 17,000 18,000 601-000-5-428-02 Electric & Water 17,000 17,000 0% 17,680
2,623 3,000 3,000 601-000-5-428-03 Heat 3,000 3,000 0% 3,120
100
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
1,452 1,700 1,500 601-000-5-428-05 Hauling Service 1,500 1,500 -12% 1,560
337 54 400 601-000-5-429-00 Miscellaneous 400 400 641% 416
225 450 450 601-000-5-429-01 Membership & Dues 450 450 0% 468
250 650 650 601-000-5-429-04 License Fees 650 650 0% 676
39,069 35,000 30,000 601-000-5-469-00 Bank/Credit Card Fees 45,000 45,000 29% 46,800
43,036 20,000 43,000 601-000-5-890-00 Depreciation Expense 43,000 43,000 115% 43,000
234,283 213,578 238,915 Operating Expense Total 256,065 256,065 20% 264,588
00- 601-000-5-920-00 Furniture & Equipment 2,500 100% 8,000
00- 601-000-5-930-00 Machinery & Auto Equipment 0 7,000 0% 0
5,983 10,000 10,000 601-000-5-950-01 Capital less than $5,000 4,500 0 -100% 0
5,983 10,000 10,000 Capital Expense Total 7,000 7,000 -30% 8,000
593,514 598,855 638,100 Total Liquor Store Cost 652,763 652,763 9% 680,106
503,582 523,105 651,100 Net Income 636,437 636,437 22% 660,662
670,000 400,000 400,000 601-000-7-899-00 Transfer out General Fund 420,000 420,000 5% 440,000
0 107,722 107,722 601-000-7-899-23 Transfer Out to Streetscape 0 0 -100% 0
670,000 507,722 507,722 Total Transfer out to Other Funds 420,000 420,000 -17% 440,000
-166,418 15,383 143,378 Net income after Transfers 216,437 216,437 1307% 220,662
534,271 549,654 677,649 Liquor Fund Cash Balance 766,091 220,662
1,419,551 1,434,934 1,562,929 Retained Earnings
101
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
AIRPORT FUND
4,290 6,000 4,500 606-000-4-812-00 Airflight Taxes 4,500 4,500 -25% 4,500
12,513 153,157 341,372 606-000-4-334-09 Grants 227,070 227,070 48% 227,070
549,925 0 - 606-000-4-334-10 Federal Grant 0 0 0% 0
3,910 4,200 - 606-000-4-848-11 Landing Fees 4,200 4,200 0% 4,200
6,237 6,000 4,000 606-000-4-848-15 Av/Jet Gas Sales 4,300 4,300 -28% 4,300
10,008 10,000 - 606-000-4-848-10 Terminal Rent 10,000 10,000 0% 10,000
20,260 20,500 20,500 606-000-4-848-12 Rentals 20,500 20,500 0% 20,500
211 19,400 - 606-000-4-441-08 Reimbursed Expense 19,400 19,400 0% 19,400
00- 606-000-4-692-00 Other Financing Sources 3,000,000 3,000,000 100% 0
520 70 70 606-000-4-861-09 Miscellaneous 75 75 7% 75
266,500 284,000 284,000 606-000-6-700-00 Transfer in General Fund 153,000 153,000 -46% 37,000
0 189,215 - 606-000-6-700-04 Transfer in Sales & Use Tax 0 0 -100% 650,000
874,374 692,542 654,442 Revenue & Transfer from funds 3,443,045 3,443,045 397% 977,045
74,738 85,870 85,870 606-000-5-101-00 Regular Pay 90,584 90,584 5% 94,207
26,347 35,370 5,190 606-000-5-101-01 Temporary Pay 38,500 38,500 9% 38,500
2,604 5,000 5,000 606-000-5-101-04 Overtime 3,000 3,000 -40% 3,000
0 240 - 606-000-5-101-10 Wellness Benefit 240 240 0% 240
7,555 9,646 9,646 606-000-5-120-00 FICA 10,418 10,418 8% 10,835
4,520 5,443 5,443 606-000-5-121-09 Retirement 5,861 5,861 8% 6,095
13,612 22,868 5,424 606-000-5-123-00 Group Insurance 6,008 6,008 -74% 6,609
1,176 1,294 1,294 606-000-5-130-00 Workmans Compensation 3,294 3,294 155% 3,294
130,551 165,731 117,867 Personnel Services Total 157,905 157,905 -5% 162,780
9,144 10,060 10,397 606-000-5-421-00 Insurance 10,996 10,996 9% 11,436
500 500 500 606-000-5-422-02 Contracted Auditing Services 700 700 40% 728
6,972 157,894 367,686 606-000-5-422-03 Consulting/Expense 190,700 190,700 21% 198,328
715 5,000 8,580 606-000-5-422-07 Contracting Services 9,000 9,000 80% 9,360
4,092 4,100 - 606-000-5-423-05 Advertising/Promotion Fees 384 384 -91% 399
562 310 310 606-000-5-425-01 Maintenance Office Equipment 320 320 3% 333
1,257 1,020 1,020 606-000-5-425-03 Maintenance of Trucks 1,015 1,015 0% 1,056
6,724 10,000 9,000 606-000-5-425-04 Maintenance of Equipment 10,313 10,313 3% 10,726
1,020 1,520 1,520 606-000-5-425-05 Maintenance Buildings 1,567 1,567 3% 1,630
106 1,520 1,520 606-000-5-425-06 Maintenance Radio 1,567 1,567 3% 1,630
3,718 11,000 9,000 606-000-5-425-09 Maintenance Grounds 11,345 11,345 3% 11,799
360 1,020 1,050 606-000-5-426-01 Office Supplies 500 500 -51% 520
5,056 4,100 4,100 606-000-5-426-03 General Supplies 4,500 4,500 10% 4,680
398 300 300 606-000-5-426-04 Cleaning Supplies 309 309 3% 321
378 1,020 2,400 606-000-5-426-10 Gas 2,400 2,400 135% 2,496
534 720 720 606-000-5-426-11 Oil & Grease 742 742 3% 772
8,495 1,025 1,025 606-000-5-426-12 Tires 1,057 1,057 3% 1,099
4,816 4,600 7,000 606-000-5-426-13 Diesel Fuel 8,000 8,000 74% 8,320
3,052 0 - 606-000-5-426-14 Fuel - Equipment 0 0 0% 0
0 610 610 606-000-5-426-15 Chemicals 629 629 3% 654
388 820 100 606-000-5-426-23 Sand 200 200 -76% 208
4,455 3,290 3,290 606-000-5-426-28 Extinguishing Agents 3,392 3,392 3% 3,528
6,910 5,740 5,740 606-000-5-427-01 Travel & Lodging 6,840 6,840 19% 7,114
3,987 5,740 5,740 606-000-5-427-02 Registration & Training 5,000 5,000 -13% 5,200
3,412 3,900 3,900 606-000-5-428-01 Telephone 4,022 4,022 3% 4,183
11,155 10,230 10,230 606-000-5-428-02 Electric & Water 11,500 11,500 12% 11,960
3,507 4,300 4,300 606-000-5-428-03 Heat 4,430 4,430 3% 4,607
16 0 - 606-000-5-429-00 Miscellaneous 0 0 0% 0
20 875 300 606-000-5-429-01 Membership & Dues 300 300 -66% 312
1,320 1,440 1,440 606-000-5-429-03 Janitorial Services 1,485 1,485 3% 1,544
7,321 6,107 6,107 606-000-5-470-09 Interest on Advance 4,530 4,530 -26% 4,711
241,326 0 - 606-000-5-890-00 Depreciation Expense 0 0 0% 0
341,714 258,761 467,885 Operating Expense Total 297,743 297,743 15% 309,653
102
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
0 189,215 - 606-000-5-910-00 Land 2,750,000 2,750,000 1353% 0
00- 606-000-5-911-00 Buildings & Structures 183,000 183,000 100% 450,000
373 35,824 35,824 606-000-5-930-00 Machinery & Auto Equipment 36,931 36,931 3% 32,400
4,000 0 - 606-000-5-940-00 Other Capital 0 0 0% 0
7,150 2,000 2,000 606-000-5-950-01 Capital less than $5,000 1,500 1,500 -25% 1,500
0 41,000 85,490 606-000-5-970-00 Runway Improvements 20,000 20,000 -51% 20,000
11,523 268,039 123,314 Capital Expense Total 2,991,431 2,991,431 1016% 503,900
483,788 692,531 709,066 Total Airport Cost 3,447,079 3,447,079 398% 976,333
390,586 11 -54,624 Net Loss -4,034 -4,034 712
80,712 80,723 26,088 Airport Fund Cash Balance 76,689
3,094,794 3,094,805 3,040,170 Retained Earnings
103
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
EDGEBROOK GOLF COURSE
00- 607-000-4-346-04 Green Fees-Executive Course 20,000 20,000 25,000
00- 607-000-4-346-05 Green Fees-9 hole round 62,000 62,000 65,000
00- 607-000-4-346-06 Green Fees-18 hole round 40,000 40,000 42,000
00- 607-000-4-346-07 Green Fees-9 holes 1/2 price 5,000 5,000 5,300
00- 607-000-4-346-08 Green Fees-18 holes 1/2 price 3,000 3,000 3,200
00- 607-000-4-346-09 Season Tickets-Youth 3,000 3,000 3,200
00- 607-000-4-346-10 Season Tickets-Young Adult 13,000 13,000 13,500
00- 607-000-4-346-11 Season Tickets-Individual 37,000 37,000 38,500
00- 607-000-4-346-12 Season Tickets-Senior 12,000 12,000 12,500
00- 607-000-4-346-13 Season Tickets-Couple 13,000 13,000 14,000
00- 607-000-4-346-14 Season Tickets-Family 4,000 4,000 4,200
00- 607-000-4-346-15 Season Tickets-addn'l children 300 300 320
00- 607-000-4-346-26 Driving Range-Bucket 15,000 15,000 15,600
00- 607-000-4-346-27 Driving Range-Seasonal Individ 2,700 2,700 2,800
00- 607-000-4-346-28 Driving Range-Seasonal Family 1,250 1,250 1,300
00- 607-000-4-346-29 Golf Lessons 3,500 3,500 3,650
00- 607-000-4-661-00 Interest Income 0 0 0
00- 607-000-4-661-01 Money Market Interest Income 0 0 0
00- 607-000-4-446-10 Donations 0 0 0
00- 607-000-4-346-16 Golf Carts-9 holes 30,000 30,000 31,500
00- 607-000-4-346-17 Golf Carts-18 holes 19,000 19,000 19,800
00- 607-000-4-346-18 Golf Carts-Senior 9 holes 1,750 1,750 2,000
00- 607-000-4-346-19 Golf Carts-Senior 18 holes 1,250 1,250 1,300
00- 607-000-4-346-20 Golf Carts-9 holes 1/2 price 3,500 3,500 3,700
00- 607-000-4-346-21 Golf Carts-18 holes 1/2 price 3,000 3,000 3,200
00- 607-000-4-346-22 Golf Carts-SR 9 hole 1/2 price 350 350 400
00- 607-000-4-346-23 Golf Cart-SR 18 hole 1/2 price 450 450 500
00- 607-000-4-346-24 Golf Carts-Season Tickets 14,000 14,000 14,600
00- 607-000-4-346-25 Golf Cart-Season addn'l family 400 400 400
00- 607-000-4-441-08 Reimbursed Expense 0 0 0
00- 607-000-4-861-09 Cell Tower Rental 9,600 9,600 9,600
00- 607-000-6-700-00 Transfer in General Fund 145,000 145,000 240,488
0 0 Revenue & Transfer from funds 463,050 463,050 577,558
00- 607-000-5-101-00 Regular Pay 109,737 109,737 114,120
00- 607-000-5-101-01 Temporary Pay 47,500 47,500 47,500
00- 607-000-5-101-04 Overtime Pay 1,000 1,000 1,000
00- 607-000-5-120-00 FICA 12,209 12,209 12,697
00- 607-000-5-121-09 Retirement 6,726 6,726 6,995
00- 607-000-5-123-00 Group Insurance 33,010 33,010 36,300
00- 607-000-5-130-00 Workmans Compensation 6,054 6,054 6,054
00- Personnel Services Total 216,236 216,236 224,666
00- 607-000-5-421-00 Insurance 4,206 4,206 4,374
00- 607-000-5-422-02 Contracted Auditing Services 1,000 1,000 1,040
00- 607-000-5-422-04 Contracting Services/Pro 66,000 66,000 66,000
00- 607-000-5-422-15 Drug & Alcohol Testing 100 100 104
00- 607-000-5-423-05 Advertising & Promotional Fees 1,000 1,000 1,040
00- 607-000-5-424-01 Equipment Rental 1,000 1,000 1,040
00- 607-000-5-425-02 Maintenance Vehicles 1,000 1,000 1,040
00- 607-000-5-425-04 Maintenance Equipment 14,000 14,000 10,000
00- 607-000-5-425-05 Maintenance Buildings 2,000 2,000 2,080
00- 607-000-5-425-08 Maintenance Turf 1,000 1,000 1,040
00- 607-000-5-425-09 Maintenance Irrigation System 2,500 2,500 2,600
00- 607-000-5-426-01 Office Supplies 500 500 520
00- 607-000-5-426-03 General Supplies 8,500 8,500 8,840
00- 607-000-5-426-04 Cleaning Supplies 1,000 1,000 1,040
00- 607-000-5-426-10 Gasoline 8,000 8,000 8,320
00- 607-000-5-426-11 Oil & Grease Supplies 500 500 520
104
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
00- 607-000-5-426-12 Tires 500 500 520
00- 607-000-5-426-13 Diesel Fuel 5,500 5,500 5,720
00- 607-000-5-426-14 Fertilizer Supplies 17,000 17,000 17,000
00- 607-000-5-426-15 Chemicals 5,000 5,000 5,000
00- 607-000-5-426-17 Uniforms 1,000 1,000 1,040
00- 607-000-5-426-23 Sand 6,000 6,000 6,000
00- 607-000-5-427-01 Travel & Lodging 500 500 520
00- 607-000-5-427-02 Registration & Training 500 500 520
00- 607-000-5-428-01 Telephone 2,000 2,000 2,080
00- 607-000-5-428-02 Electric & Water 14,000 14,000 14,500
00- 607-000-5-428-03 Heat 5,000 5,000 5,000
00- 607-000-5-428-05 Hauling Service 150 150 156
00- 607-000-5-429-01 Membership & Dues 150 150 156
00- 607-000-5-429-07 Miscellaneous Services 500 500 520
00- 607-000-5-429-08 Postage 200 200 208
00- 607-000-5-469-00 Banking & Credit Card Fees 3,000 3,000 3,120
00- Operating Expense Total 173,306 173,306 171,658
00- 607-000-5-930-00 Machinery & Auto Equipment 70,300 70,300 74,500
00- 607-000-5-950-01 Capital less than $5,000 1,250 1,250 170,000
00- Capital Expense Total 71,550 71,550 244,500
00- Total Edgebrook Golf Cost 461,092 461,092 640,825
00- Net Income 1,958 1,958 -63,267
105
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
SOLID WASTE COLLECTION
821,230 798,000 798,000 612-000-4-848-01 Utility Billing 900,000 900,000 13% 940,000
4,633 1,000 1,000 612-000-4-661-01 Money Market Interest Income 1,000 1,000 0% 1,040
33,620 35,000 35,000 612-000-4-848-04 Yard Waste Bags 35,000 35,000 0% 37,000
0 500 500 612-000-4-848-05 Cost of Goods/Yard Waste Bags 500 500 0% 520
859,483 834,500 834,500 Revenue Total 936,500 936,500 12% 978,560
253,787 255,788 255,788 612-000-5-101-00 Regular Pay 258,246 258,246 1% 268,576
1,726 9,000 9,000 612-000-5-101-01 Temporary Pay 9,000 9,000 0% 9,360
7,732 12,500 12,500 612-000-5-101-04 Overtime Pay 13,000 13,000 4% 13,000
3,000 3,000 3,000 612-000-5-101-07 Clothing Allowance 3,000 3,000 0% 3,000
18,757 18,633 18,633 612-000-5-120-00 FICA 19,526 19,526 5% 20,307
15,775 15,413 15,413 612-000-5-121-09 Retirement 14,775 14,775 -4% 15,366
32,307 32,937 32,937 612-000-5-123-00 Group Insurance 72,182 72,182 119% 79,400
13,784 15,163 15,163 612-000-5-130-00 Workmans Compensation 19,788 19,788 31% 19,788
346,866 362,434 362,434 Personnel Services Total 409,517 409,517 13% 428,797
13,256 14,581 14,581 612-000-5-421-00 Insurance 16,078 16,078 10% 16,721
1,500 2,500 2,500 612-000-5-422-02 Contracted Auditing Services 2,500 2,500 0% 2,600
0 300 300 612-000-5-422-06 Medical Services 300 300 0% 312
30,900 45,000 45,000 612-000-5-422-07 Contracting Services 36,000 36,000 -20% 37,000
2,537 4,000 4,000 612-000-5-422-08 Computer Services 4,000 4,000 0% 4,160
184 250 250 612-000-5-422-15 Drug & Alcohol Testing 250 250 0% 260
0 500 500 612-000-5-423-01 Publication/Recording Fees 500 500 0% 520
20,943 14,000 14,000 612-000-5-423-05 Advertising & Promotional Fees 18,500 18,500 32% 20,000
12,980 17,500 17,500 612-000-5-425-03 Maintenance Trucks 15,000 15,000 -14% 15,600
24,986 15,000 15,000 612-000-5-425-04 Maintenance Equipment 17,500 17,500 17% 18,200
3,449 2,000 2,000 612-000-5-425-05 Maintenance Buildings 2,000 2,000 0% 2,080
751 1,000 1,000 612-000-5-425-06 Maintenance Radio 1,000 1,000 0% 1,040
323 1,000 1,000 612-000-5-426-01 Office Supplies 1,000 1,000 0% 1,040
3,718 2,500 2,500 612-000-5-426-03 General Supplies 2,500 2,500 0% 2,600
17,062 15,000 15,000 612-000-5-426-08 Supplies/Dumpsters & Carts 15,000 15,000 0% 15,600
0 1,500 1,500 612-000-5-426-10 Gasoline 2,000 2,000 33% 2,080
1,677 1,500 1,500 612-000-5-426-11 Oil & Grease Supplies 2,000 2,000 33% 2,080
2,756 7,500 7,500 612-000-5-426-12 Tires 7,500 7,500 0% 7,800
29,049 40,000 40,000 612-000-5-426-13 Diesel Fuel 52,500 52,500 31% 54,600
356 500 500 612-000-5-426-17 Uniforms 500 500 0% 520
0 500 500 612-000-5-427-01 Travel & Lodging 500 500 0% 520
0 500 500 612-000-5-427-02 Registration & Training 500 500 0% 520
1,464 2,000 2,000 612-000-5-428-01 Telephone 2,000 2,000 0% 2,080
2,276 2,200 2,200 612-000-5-428-02 Electric & Water 2,500 2,500 14% 2,600
245 8,500 8,500 612-000-5-428-03 Heat 9,000 9,000 6% 9,360
190,043 185,000 185,000 612-000-5-428-05 Hauling Service 210,000 210,000 14% 218,400
050 - 612-000-5-429-04 License Fees 50 50 0% 52
3,482 2,000 2,000 612-000-5-429-31 Paint Exchange 3,000 3,000 50% 3,120
16,593 20,000 20,000 612-000-5-429-35 Yardwaste Program 20,000 20,000 0% 20,800
62,732 0 - 612-000-5-890-00 Depreciation Expense 100,000 100,000 100% 85,000
443,261 406,881 406,831 Operating Expense Total 544,178 544,178 34% 547,265
0 225,000 225,000 612-000-5-930-00 Machinery & Auto Equipment 0 0 -100% 0
0 225,000 225,000 Capital Expense Total 0 0 -100% 0
790,127 994,315 994,265 Total Solid Waste Collection Cost 953,695 953,695 -4% 976,062
69,356 -159,815 -159,765 Net Income -17,195 -17,195 -89% 2,498
275,175 115,360 115,410 SW Collection Fund Cash Bal 98,165 2,498
609,316 449,501 449,551 Retained Earnings
106
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
SOLID WASTE DISPOSAL
1,902,852 1,800,000 1,800,000 625-000-4-848-03 Landfill Tickets 1,985,000 1,985,000 10% 2,064,400
47,930 6,100 6,100 625-000-4-661-00 Interest Income 10,000 10,000 64% 10,400
5,767 7,000 7,000 625-000-4-661-01 Money Market Interest Income 10,000 10,000 43% 10,400
22,323 25,050 25,050 625-000-4-848-22 Recycled Waste Oil Sales 15,050 15,050 -40% 15,652
6,485 6,400 6,400 625-000-4-848-12 Rentals 6,400 6,400 0% 6,656
823 0 - 625-000-4-441-08 Reimbursed Expense 0 0 0% 0
2,825 0 - 625-000-4-664-00 Sale of Fixed Assets 50,000 50,000 100% 50,000
11,200 0 - 625-000-4-861-09 Miscellaneous 0 0 0% 0
2,000,204 1,844,550 1,844,550 Revenue Total 2,076,450 2,076,450 13% 2,157,508
277,774 294,536 294,536 625-000-5-101-00 Regular Pay 302,184 302,184 3% 314,271
8,707 19,000 19,000 625-000-5-101-04 Overtime Pay 10,000 10,000 -47% 10,000
2,250 3,000 3,000 625-000-5-101-07 Clothing Allowance 3,000 3,000 0% 3,000
19,802 23,787 23,787 625-000-5-120-00 FICA 24,203 24,203 2% 25,171
17,288 18,657 18,657 625-000-5-121-09 Retirement 18,983 18,983 2% 19,742
56,075 66,022 66,022 625-000-5-123-00 Group Insurance 72,779 72,779 10% 80,057
10,290 11,320 11,320 625-000-5-130-00 Workmans Compensation 15,585 15,585 38% 15,585
392,185 436,322 436,322 Personnel Services Total 446,734 446,734 2% 467,827
0 16,145 16,145 625-000-5-220-01 Restricted Closure 16,145 16,145 0% 16,145
0 18,396 18,396 625-000-5-220-02 Restricted Post Closure 18,396 18,396 0% 18,396
0 50,000 50,000 625-000-5-220-05 Restricted Future SW Facility 50,000 50,000 0% 50,000
4,970 5,468 5,468 625-000-5-421-00 Insurance 7,346 7,346 34% 7,640
10 300 300 625-000-5-422-01 Legal Services 300 300 0% 312
1,500 2,500 2,500 625-000-5-422-02 Contracted Auditing Services 2,500 2,500 0% 2,600
0 15,000 15,000 625-000-5-422-03 Consulting & Engineering 20,000 20,000 33% 20,800
128 200 200 625-000-5-422-06 Medical Services 200 200 0% 208
12,209 40,000 40,000 625-000-5-422-07 Contracting Services 25,000 25,000 -38% 26,000
4,356 2,500 2,500 625-000-5-422-08 Computer Services 2,500 2,500 0% 2,600
17,516 20,000 20,000 625-000-5-422-09 Testing Services 20,000 20,000 0% 20,800
101 300 300 625-000-5-422-15 Drug & Alcohol Testing 300 300 0% 312
0 100 100 625-000-5-423-01 Publication/Recording Fees 100 100 0% 104
0 3,000 3,000 625-000-5-423-05 Advertising/Promotion Fees 3,000 3,000 0% 3,120
0 1,000 1,000 625-000-5-424-01 Equipment Rentals 1,000 1,000 0% 1,040
661 2,500 2,500 625-000-5-425-03 Maintenance Trucks 2,500 2,500 0% 2,600
48,456 40,000 40,000 625-000-5-425-04 Maintenance Equipment 90,000 90,000 125% 93,600
709 3,500 3,500 625-000-5-425-05 Maintenance Buildings 3,500 3,500 0% 3,640
0 1,000 1,000 625-000-5-425-09 Maintenance Grounds 1,000 1,000 0% 1,040
0 5,000 5,000 625-000-5-425-16 Maintenance Grounds/2 5,000 5,000 0% 5,200
4,735 6,000 6,000 625-000-5-426-01 Office Supplies 6,000 6,000 0% 6,240
7,560 7,500 7,500 625-000-5-426-03 General Supplies 8,000 8,000 7% 8,320
3,715 3,750 3,750 625-000-5-426-04 Janitorial Supplies 3,750 3,750 0% 3,900
0 150 150 625-000-5-426-05 Photographic Supplies 150 150 0% 156
0 250 250 625-000-5-426-09 Subscriptions/Books 250 250 0% 260
6,769 4,900 4,900 625-000-5-426-10 Gasoline 7,875 7,875 61% 8,190
2,830 4,900 4,900 625-000-5-426-11 Oil & Grease Supplies 6,000 6,000 22% 6,240
2,942 12,000 12,000 625-000-5-426-12 Tires 15,000 15,000 25% 15,600
67,844 80,000 80,000 625-000-5-426-13 Diesel Fuel 95,000 95,000 19% 98,800
414 500 500 625-000-5-426-17 Uniforms 500 500 0% 520
7,128 7,500 7,500 625-000-5-426-18 Gravel 8,000 8,000 7% 8,320
6,770 15,000 15,000 625-000-5-426-27 Alternate Cover 10,000 10,000 -33% 10,400
2,793 4,000 4,000 625-000-5-427-01 Travel & Lodging 4,200 4,200 5% 4,368
2,045 2,500 2,500 625-000-5-427-02 Registration & Training 2,600 2,600 4% 2,704
2,253 2,500 2,500 625-000-5-428-01 Telephone 2,600 2,600 4% 2,704
1,406 2,500 2,500 625-000-5-428-02 Electric & Water 2,500 2,500 0% 2,600
5,460 8,000 8,000 625-000-5-428-03 Heat 8,000 8,000 0% 8,320
0 5,000 5,000 625-000-5-428-05 Hauling Service 5,000 5,000 0% 5,200
2,318 2,000 2,000 625-000-5-429-01 Membership & Dues 2,000 2,000 0% 2,080
121 0 - 625-000-5-429-02 Pest Control 0 0 0% 0
603 850 850 625-000-5-429-05 Rodent Control 850 850 0% 884
107
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
0 1,000 1,000 625-000-5-429-07 Miscellaneous Services 1,000 1,000 0% 1,040
42,417 44,000 44,000 625-000-5-429-11 State Fees 44,000 44,000 0% 45,760
100 500 500 625-000-5-429-16 Solid Waste Committee 500 500 0% 520
0 500 500 625-000-5-429-38 Compost Program Supplies 500 500 0% 520
50,088 0 - 625-000-5-432-00 Post Closure 0 0 0% 0
0 138,500 138,500 625-000-5-601-00 Principal Payment 70,500 70,500 -49% 73,320
7,749 4,500 4,500 625-000-5-602-00 Interest Payment 1,000 1,000 -78% 1,040
235,713 150,000 150,000 625-000-5-890-00 Depreciation Expense 200,000 200,000 33% 208,000
1,000 500 500 625-000-5-897-00 Interest Expense 500 500 0% 520
659 0 - 625-000-5-898-00 Asset Disposed Gain/Loss 0 0 0% 0
556,047 736,209 736,209 Operating Expense Total 775,062 775,062 5% 802,683
00- 625-000-5-911-00 Buildings & Structures 150,000 150,000 100% 300,000
0 180,000 180,000 625-000-5-930-00 Machinery & Auto Equipment 250,000 250,000 39% 860,000
2,900 10,000 - 625-000-5-950-01 Capital less than $5,000 10,000 10,000 0% 0
2,900 190,000 180,000 Capital Expense Total 410,000 410,000 116% 1,160,000
500,000 425,000 425,000 625-000-7-899-00 Transfer out General Fund 440,000 440,000 4% 440,000
0 100,000 100,000 625-000-7-899-23 Transfer Out-Streetscape 0 0 -100% 0
500,000 525,000 525,000 Total Transfer out to Other Funds 440,000 440,000 -16% 440,000
1,448,232 1,697,531 1,697,531 Total Cost and Transfers 2,071,796 2,071,796 22% 2,870,510
551,972 147,019 147,019 Net Income after Transfers 4,654 4,654 -97% -713,002
623,509 770,528 770,528 SW Disposal Fund Cash Balance 0 775,182
1,489,592 1,815,118 1,815,118 Restricted SW Disposal Cash 1,899,659
716,509 716,509 716,509 Reserved Retained Earnings 716,509
4,065,480 4,212,499 4,212,499 Retained Earnings
108
2009 PROPOSED BUDGET
2007 2008 2,008 2009 2009 2010
Actual Amended Estimated Account Description City Manager Proposed % Incr Proposed
Budget Proposed 8/12/2008 Propos
RESEARCH & TECHNOLOGY CENTER
1,564 525 525 630-000-4-661-01 Money Market Interest Income 600 600 14% 624
188,559 193,000 193,000 630-000-4-848-12 Rentals 214,000 214,000 11% 214,000
37 0 - 630-000-4-861-09 Miscellaneous 0 0 0% 0
190,161 193,525 193,525 Revenue Total 214,600 214,600 11% 214,624
2,622 2,884 2,884 630-000-5-421-00 Insurance 2,571 2,571 -11% 2,674
2,987 4,092 4,092 630-000-5-422-07 Contracting Services 4,220 4,220 3% 5,000
4,027 3,070 3,070 630-000-5-425-04 Maintenance Equipment 3,166 3,166 3% 6,000
4,076 3,000 3,000 630-000-5-425-05 Maintenance Buildings 5,000 5,000 67% 20,000
0 102 102 630-000-5-426-01 Office Supplies 105 105 3% 109
0 1,020 1,020 630-000-5-426-03 General Supplies 1,052 1,052 3% 1,200
465 815 815 630-000-5-426-04 Cleaning Supplies 841 841 3% 875
226 240 240 630-000-5-428-01 Telephone 250 250 4% 260
11,959 10,955 10,955 630-000-5-428-02 Electric & Water 13,000 13,000 19% 13,520
2,932 3,100 3,100 630-000-5-428-03 Heat 5,000 5,000 61% 5,200
1,348 1,400 1,400 630-000-5-428-05 Hauling Service 1,500 1,500 7% 1,560
3,580 4,173 4,173 630-000-5-429-07 Miscellaneous Services 4,304 4,304 3% 4,476
51,909 0 - 630-000-5-890-00 Depreciation Expense 0 0 0% 0
86,131 34,851 34,851 Operating Expense Total 41,009 41,009 18% 60,874
0 5,000 5,000 630-000-5-911-00 Buildings & Structures 34,000 34,000 580% 0
0 5,000 5,000 Capital Expense Total 34,000 34,000 580% 0
145,000 145,000 145,000 630-000-7-899-00 Transfer out General Fund 145,000 145,000 0% 145,000
145,000 145,000 145,000 Total Transfer out to Other Funds 145,000 145,000 0% 145,000
231,131 184,851 184,851 Total R & T Center Cost 220,009 220,009 19% 205,874
-40,970 8,674 8,674 Net Income after Transfer -5,409 -5,409 -162% 8,750
30,605 39,279 39,279 R&T Center Cash Balance 33,870 8,750
1,913,463 1,922,137 1,922,137 Retained Earnings
I-29 CORRIDOR
0 0 802-000-4-446-10 Contributions 230,000 230,000 230,000
0 802-000-7-899-00 Transfer in from 3rd B Tax 20,000 20,000 100% 20,000
0 0 Revenue Total 250,000 250,000 100% 250,000
0 0 802-000-5-422-03 Consulting 250,000 250,000 250,000
00- Operating Expense Total 250,000 250,000 100% 250,000
00 I 29 Corridor Cash Balance
MOTOR POOL
170.74 50 50 800-000-4-661-01 Money Market Interest Income 52 52 4% 60
1823.73 2250 2,250 800-000-4-662-09 Vehicle Rentals 2320 2320 3% 2,413
1,994 2,300 2,300 Revenue Total 2,372 2,372 3% 2,473
0 385 385 800-000-5-421-00 Insurance 397 397 3% 413
18.14 215 215 800-000-5-425-02 Maintenance Motor Vehicles 222 222 3% 231
48.24 100 100 800-000-5-426-03 General Supplies 103 103 3% 107
539.41 630 630 800-000-5-426-10 Gasoline 700 700 11% 728
05050 800-000-5-426-11 Oil & Grease Supplies 52 52 4% 54
05050 800-000-5-426-12 Tires 52 52 4% 54
606 1,430 1,430 Operating Expense Total 1,526 1,526 100% 1,587
1,389 870 870 Net Income after Transfer 846 846 -3% 886
109
GENERAL FUND REVENUE BY TYPEFees6%Transfers33%Sales Tax36%Real Estate Tax15%Real Estate TaxesBank Franchise TaxesSales TaxState TaxesCounty TaxesLicensesInterest IncomeRental IncomeTransfersFeesGrantsDonationsFinesMiscellaneous IncomeConcessions
2009 General Fund Budget by Departments(All departments less than 3% are not labeled)Subsidy's;3%Forestry;3%Library; 7%Transfer to Other Funds; 5%Police Department; 18%Street Department; 17%Parks;16%Recreation; 6%Fire Department; 6%Community Development;3%Engineering;3%Finance;3%
2009 Capital Expense by Type for All FundsFacilities and Parks68%StreetsSidewalksStorm Drainage15%Vehicles & Equipment15%Total Motor Vehicles &EquipmentTotal Facilities and ParksTotalStreets/Sidewalks/DrainageTotal Office Equip & SoftwareLeases
City Council Packet
September 9, 2008
113
Public Hearings, Second Readings, Ordinances:
12. Ordinance No. 32-08, Animal Control Amendments – an
Ordinance amending Chapter 14 of the Ordinances of the
City of Brookings and pertaining to the Regulation of
Animals in the City of Brookings, South Dakota.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Draft of animal control ordinance
Attached is a comprehensive re-codification of the animal control ordinance for the City as
prepared by the City Attorney’s office and staff. This contains major changes from our current
ordinance. Of note, two sections were modified from the draft that was presented on August
12th.
Changes to the existing ordinance are indicated as shaded for new language and strike-outs as
deleted language. Many such changes are minor and technical in nature but significant policy
changes are as follows:
Section 14.4 addresses animals on school grounds and recreation area and was modified
from the draft presented on August 12th.
No owner or caretaker shall permit their animal to be upon any school property while school is in
session or while an organized activity is held upon school property except upon express
permission of the school principal or their designee, when school is in session, or upon any public park
unless the animal is in the control of the owner or caretaker by a leash or similar device, except when a
dog is participating in an organized event or activity.
Section 14-6 limits domestic pets to four (4) per household unless the owner has a valid pet
shelter or kennel license. We would have to institute procedures for regulating pet shelter and
kennel licenses as they currently do not exist.
Section 14-7 makes it an offense to leave pets unattended in vehicles in a manner that
endangers the health of the animal. The most likely situation here is overheating in a parked
car during a hot day without proper ventilation. This issue has to do with humane treatment of
animals.
Section 14-8 makes it an offense to keep stray animals. The application of this language is
problematic since it may be difficult to define “…animals known to be stray…”
Section 14-9 further defines “public nuisance” to any animal “…that is destroying, defacing
property, or is disturbing to any person.” The first two descriptions are easily enforced but the
third is very subjective. “Disturbing to any person” is hereby defined by any person claiming to
City Council Packet
September 9, 2008
114
be disturbed. That could be as benign as a simple bark from a poodle. This language will be
difficult to enforce.
Section 14-47 makes it a requirement for animals in vehicles that are parked in public areas to
be confined to the vehicle. This is significant in situations where large dogs are in the back of
open-box pick-up trucks.
Section 14-121 is commonly thought of as the “leash law.” However, dogs “at large” mean
they are not under the control of their owner. Pets on a leash or otherwise under the voice
control of their owner are not “at large.” This refers to dogs that are running loose. This
section makes it a crime for dogs running who have gotten away from their owners even
though owners are trying to retrieve them. I am not sure we want to criminalize owners
whose dogs have inadvertently escaped their owners and the owners are in the process of
trying to retrieve them.
Section 14-126 is a new section that addresses dangerous dogs.
Staff requests council discussion on these policy issues and further direction to modify the
language in preparation for first reading.
This section was changed per a comment made by Council Member Bezdichek to provide for
utility personnel (see highlighted blue area).
Sec. 14-126. Vicious or biting dogs.
(a) An animal may be declared to be a biting, dangerous or vicious animal by at least two (2) persons
which may include law enforcement and animal control officers, utility personnel or veterinarians, or by
the attending physician of a victim of an animal bite or scratch may request such declaration under the
following guidelines:
Action: Motion to Approve, Request Public Comment, Roll Call
City Manager Recommendation – Approve
City Council Packet
September 9, 2008
115
To: City Council
From: Bryan Gum, Brookings Police Chief
The ordinance pertaining to the number of pets allowed, would be one that
Animal Control could use, if need be, in certain situations.
For instance, when we get a barking dog complaint or the complaint of a strong
smell of animal feces at a residence. We would investigate this and we might find
that there are six dogs in the back yard, causing the problem(s). Or, we might get
a call of cats “at large” causing problems in a certain area. We look into this and
find that someone has 10 cats. They allow them to roam free, they defecate in the
sandboxes, yards and gardens of their neighbors and they get into garbage cans
and make a mess.
This ordinance would be a very useful tool in these instances, and others.
The Animal Control Dept. is aware of a number of people that have more than 3
or 4 pets. As long as there are no complaints, there are no problems to address.
Most people take very good care of their pets. We don’t get any complaints and
perhaps don’t even see their pets. This ordinance would only be used to assist us
with the problem residences.
Also enclosed are ordinance from other towns in our area.
City Council Packet
September 9, 2008
116
ORDINANCE NO. 32-08
AN ORDINANCE AMENDING CHAPTER 14 OF THE ORDINANCES OF THE CITY
OF BROOKINGS AND PERTAINING TO THE REGULATION OF ANIMALS IN THE CITY
OF BROOKINGS, SOUTH DAKOTA.
BE IT ORDAINED BY THE CITY OF BROOKINGS, THAT CHAPTER 14 OF THE
CODE OF ORDINANCES OF THE CITY OF BROOKINGS BE AMENDED TO READ AS
FOLLOWS:
I.
ARTICLE I. IN GENERAL
Sec. 14-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal control officer means the person appointed by the city to act as animal control officer of
the city.
Guard dog means any dog that is utilized to protect property.
Owner or caretaker means any person owning, keeping, harboring or having under their control
one or more dog, cat or other animal.
Sec. 14-2. Unwanted animals.
(a) Acceptance; conditions. The city animal shelter shall accept unwanted animals from residents
of the County of Brookings for adoption or humane disposition, provided that the appropriate
fees are paid and authorization is given by the owner or caretaker.
(b) Fees. The fee for acceptance of animals at the city animal shelter shall be determined from
time to time by resolution of the city council.
Sec. 14-3. Disturbance of peace.
The owner or caretaker of an animal shall not allow the animal to disturb the peace and quiet
of the city or of any person.
Sec. 14-4. Animals on school grounds property or recreation areas.
No owner or caretaker shall permit their animal to be upon any school property while
school is in session or while an organized activity is held upon school property except
upon express permission of the school principal or their designee, when school is in session, or
upon any public park unless the animal is in the control of the owner or caretaker by a leash or
similar device, except when a dog is participating in an organized event or activity.
City Council Packet
September 9, 2008
117
Sec. 14-5. Confinement of animals which cause injury to persons; immunization
against rabies required before release.
(a) An animal control officer, police officer or other person of proper authority are authorized
and empowered to impound and confine any animal which they have reason to believe has bitten,
scratched or otherwise injured any person.
(b) Any animal that has the potential to carry rabies and that has injured any person shall be
confined at the expense of the animals owner or caretaker of the animal for a period of 14 days
in a manner directed by the animal control officer or police department; however, if there is
reason to believe that the animal is rabid, an additional confinement period may be ordered to
determine whether the animal is rabid.
(c) If it is determined during the confinement period that the animal may have rabies and a
tentative diagnosis is given by a licensed veterinarian, the animal control officer shall destroy the
animal by humane means and obtain laboratory confirmation of rabies.
(d) Every owner or caretaker having knowledge that their animal has bitten or is suspected
of biting a human shall immediately report the incident to the animal control officer for
confinement and testing of the animal in accordance with the provisions of this chapter.
(e) The owner or caretaker of any dog or cat confined under the provisions of this section
may obtain release of their dog or cat from confinement upon demonstrating proof of a current
rabies vaccination and proof of a current dog or cat license, and upon approval of the animal
control officer.
(f) The animal control officer or any properly designated city employee is authorized to
enter upon private property for the purpose of enforcing this section. No person shall conceal
any animal or otherwise interfere with the proper enforcement of this section. An animal
control officer or any properly designated city employee may impound an animal for the
purposes of rabies testing or when the owner or caretaker fails to comply with this section.
Sec. 14-6. Number of pets limited.
It is unlawful for any person or caretaker to have or keep more than four domestic pets
over the age of four months, except birds and fish, on any lot or premises in the city, unless
such person or caretaker residing on or within the lot or premises has a valid pet shelter or
kennel license issued by the city. The city animal shelter and veterinarian offices are exempt
from the provisions of this section.
City Council Packet
September 9, 2008
118
Sec. 14-7. Unattended animals in standing or parked vehicles – Authority to
remove – Liability for removal.
No owner or caretaker may leave a dog, cat or other small animal unattended in a
standing or parked vehicle in a manner that endangers the health or safety of such animal. The
owner or operator of a vehicle containing an unattended animal will be contacted if possible
before reasonable force may be used to remove such animal by any animal control officer or
police officer. Removal of an unattended animal by an animal control officer or police officer
shall not constitute an offense.
Sec. 14-8. Stray, abandoned or unkept animals.
No person or caretaker shall harbor or keep any stray animals. Animals known to be
strays shall be immediately reported to the city animal control department by the person who
observes the stray animal.
Sec. 14-9. Public nuisance.
Any animal will be considered a public nuisance if such animal is destroying or defacing
property or is disturbing to any person. Any owner or caretaker of such animal shall be held
responsible for allowing such public nuisance to occur.
II.
ARTICLE II. CRUELTY TO ANIMALS AND RELATED OFFENSES
Sec. 14-41. Cruelty to animals generally.
No person shall cruelly beat, torture or injure any animal, nor overload any working
animal, nor shall any person willfully or negligently abuse, mistreat or neglect any such animal.
Sec. 14-42. Teasing, baiting or harassing.
It shall be unlawful for any person to tease, bait or harass any animal.
Sec. 14-43. Humane care of animals.
An owner or caretaker shall provide their animal with sufficient food and water, proper
shelter, humane care and treatment and veterinary care when needed to prevent suffering. No
person shall mistreat any animal nor shall any animal be abandoned. An owner or caretaker may
take an animal they no longer desire to care for to the city animal control shelter.
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Sec. 14-44. Poisoning of animals.
It shall be unlawful for any person to willfully or maliciously administer or cause to be
administered poison of any sort whatsoever to any animal with the intent to injure or destroy
such animal, or to willfully or maliciously place any poison or poisoned food where the same is
accessible to any animal. Rodenticides must be administered by a licensed exterminator, with
the exception that anyone may administer a warfin rodenticide.
Sec. 14-45. Instigating or allowing fights between animals.
No person shall engage in or allow any fighting between animals, birds or fowl of any
kind upon their premises or premises in their possession or under their control in the city. No
person shall keep any house, pit, or other place to be so used in permitting fights between
animals, birds or fowl. No person shall instigate or encourage any animal, bird or fowl to attack,
bite, wound or worry another animal, bird or fowl for any bet, stake, reward or entertainment.
Sec. 14-46. Injured or ill animals.
Whenever an animal control officer encounters a stray animal suffering pain, the animal
control officer shall take the animal to a veterinarian where the cost of any care or treatment
shall be borne by the owner or caretaker. If ownership of the animal cannot be determined, the
animal control officer shall impound the animal for five days unless it appears that a longer
impoundment will lead to identification of the owner or caretaker. If the owner or caretaker
cannot be located, the animal may be disposed of by humane means without notice.
Sec. 14-47. Restraint of animal in a vehicle.
An animal within a vehicle upon a public street or confined in a parked vehicle in a
public parking lot shall be restrained as necessary so the animal cannot reach outside the
confines of that vehicle.
III.
ARTICLE III. DOMESTIC ANIMALS (DOGS AND CATS EXCEPTED)
Sec. 14-81. Proximity of livestock to dwellings.
No person shall keep any horse, cow, goat, sheep or other livestock, or erect or maintain
any building or enclosure for use in keeping of any such animals within 125 feet of any church,
school or other public building or within 125 feet of any dwelling, store or building used or
occupied as a residence of any person other than that of the owner or caretaker of such animals.
Sec. 14-82. Proximity of fowl to dwellings.
It shall be unlawful for any person to enclose or house any guinea fowl, ducks, geese,
turkeys, or other domestic fowl, except pigeons and except falcons and hawks in the possession
of a state and federally licensed handler, in any house, pen, coop or enclosure or other building
situated within a distance of 125 feet of any church, school or other public building or within 125
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feet of any dwelling, store or other building used or occupied as a residence of any person other
than that of the owner or caretaker of such fowl.
Sec. 14-83. Swine.
No person shall place, keep or maintain live hogs or other swine within the city, except
such hogs as are kept in railroad cars for shipping purposes or in pens and butcher shops and
kept for the purpose of immediate shipment or slaughter, or at South Dakota State University
for purposes of breeding or experimentation.
Sec. 14-84. Sanitary condition required.
No person shall keep or maintain any building or enclosure where livestock or domestic
fowl are kept unless the building or enclosure is kept at all times in a clean and sanitary
condition and in accordance with the rules and regulations of the city.
Sec. 14-85. Keeping of bees.
No person shall keep or have any bees, swarms of bees, or hives of bees in the city.
Sec. 14-86. Pigeons.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Dwelling means a building or portion thereof, designed or used exclusively for occupancy of
at least one person.
Garage means an enclosed building or space designed or used for the storage of personal
motor vehicles and other customary household articles which are owned and used by the
occupants of the building to which it is accessory.
Lot means a piece, plot or parcel of land, or group of abutting and contiguous parcels of land,
established by survey, plat or deed, occupied or to be occupied by a dwelling.
Pigeon means any kind of pigeon, whether wild or kept as a pet, or for hobby purposes such
as breeding, showing, or sporting.
(b) Limit in dwellings or garages. No person shall keep or cause to be kept more than five
pigeons within any dwelling or garage in the city.
(c) Limit upon lots. No person shall keep or cause to be kept upon any lot within the city
more than a total of 25 pigeons.
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Sec. 14-87. Livestock running at large.
No person shall allow any horses, cattle, swine, sheep, goats or other domestic animals
to run at large within the city.
Sec. 14-88. Fowl at large.
It shall be unlawful for any person to permit or allow suffer to permit any guinea fowl,
ducks, geese, turkeys or other domestic fowl, except pigeons and except falcons and hawks in
the possession of a state and federally licensed handler, to run or be at large within the city.
Sec. 14-89. Picketing.
No person shall stake out any domestic animal in such manner as to permit such animal to
go upon any street, alley or sidewalk within the city or to approach within 125 feet of any
dwelling or building within the city which is used or occupied as a residence of any person other
than that of the owner or caretaker of such animal.
IV.
ARTICLE IV. DOGS AND CATS
Division 1. Generally
Sec. 14-121. Dogs running at large.
It shall be unlawful for any person to permit or allow a dog to run at large within the
city. All dogs shall be restrained in such a manner so they cannot run at large within the city. It
shall be unlawful for any person to permit or allow a dog to run at large within the city.
Sec. 14-122. Impoundment of dogs.
The animal control officer may impound any dog which is at large if the owner or
caretaker of the dog cannot be located or is not available to take immediate possession of the
dog. For purposes of this section, a dog is considered at large if it is not on a leash and is either
off its owner’s or caretaker’s premises or is upon or returns to its owner's or caretaker’s
premises and its owner or caretaker is not present at such premises at such time.
Sec. 14-123. Disturbance of the peace or nuisance.
(a) The owner or caretaker of an animal shall not allow the animal to create a
disturbance by making loud continuous noises at any time of the day or night.
(b) Any animal control or police officer may remove and impound any animal which is
disturbing the peace when the owner or caretaker of the animal cannot be located.
If an animal control or police officer removes an animal because of a disturbance,
and the owner or caretaker cannot be located, a notice advising the owner or
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caretaker of the impoundment and complaint shall be left on the premises of the
owner or caretaker.
No person owning or possessing any dog or cat shall permit or allow such dog or cat to
disturb the peace and quiet of the neighborhood by continuous barking or by making other
loud or unusual noises, or by becoming a public nuisance by destroying or defacing property or
causing injury to persons or domestic animals.
Sec. 14-124. Emergency confinement.
An animal control officer or the police chief, in an emergency, may order that all dogs
and cats in the city shall be confined in such a manner as to make it impossible for such dogs
and cats to bite any person, dog, cat or other animal. A statement declaring the confinement
order shall be issued to all local news media and shall require confinement of all dogs and cats
upon 24 hours' notice.
Sec. 14-125. Defecation disposal.
No owner, keeper, caretaker or attendant of a dog or cat shall allow that animal to
defecate on public or private property other than their own. If such dog or cat does defecate
upon such public or private property, the owner, keeper, caretaker or attendant shall
immediately clean the fecal material from such public or private property. Public property shall
include any park in the city.
Sec. 14-126. Vicious or biting dogs.
(a) An animal may be declared to be a biting, dangerous or vicious animal by at least two
(2) persons which may include law enforcement and animal control officers, utility personnel
or veterinarians, or by the attending physician of a victim of an animal bite or scratch may
request such declaration under the following guidelines:
(1) An animal which, in a vicious or aggressive manner, approaches in an apparent
attitude of attack, or bites, inflicts injury, assaults or otherwise attacks a person
or other animal upon the streets, sidewalks or any public grounds, parks or
places; or
(2) An animal, while on private property, approaches in a vicious or aggressive
manner, in an apparent attitude of attack, or bites, or inflicts injury, or otherwise
attacks a postal worker, meter reader, service person, journeyman, delivery
person, or other such person, or other animal, provided such person or animal
is on private property by reason of permission of the owner or occupant of such
property or who is on private property by reason of a course of dealing with the
owner or occupant of such private property.
(3) No animal may be declared biting, dangerous or vicious if the injury or damage is
sustained to any person or animal who is committing a willful trespass or is not
authorized to be upon the premises occupied by the owner or caretaker of the
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animal, or who is teasing, tormenting, abusing or assaulting the animal or was
committing or attempting to commit a crime.
The following conditions shall also be considered:
(i) The nature or severity of the attack or bite.
(ii) Whether the dog has shown a propensity to display dangerously aggressive
behavior and is able or likely to inflict injury to another animal or person.
(iii)Previous incidents of a similar nature.
(b) When the animal in question is declared to be biting, dangerous or vicious, an animal
control officer shall notify the owner of such declaration in writing that such animal must be
registered as a biting, dangerous or vicious animal. The notice shall be served either in person
or by mail.
(c) The owner or caretaker of an animal that has been declared biting, dangerous or
vicious shall register the dog as a biting, dangerous or vicious animal and shall comply with the
following:
(1) The owner or caretaker of the animal shall notify the city animal control
department of any changes in the following:
(i) Ownership of the dog;
(ii) Name, address and telephone number of a new owner;
(iii)Address change of the owner or any change of where the dog is housed;
(iv) Any changes in the health status of the animal; and
(v) Death of the animal.
(2) If the dog is indoors, the dog shall be in control of a person over 18 years old.
(3) If the dog is outdoors and attended, the dog shall be muzzled, on a leash no
longer than six (6) feet and under control of a person over 18 years of age.
(4) If the dog is outdoors and unattended, the dog must be locked in an escape
proof kennel approved by the city animal control department.
(5) The owner shall present proof of current rabies vaccination and current city
license of the dog to the animal control department and shall be required in the
future to maintain current and up to date rabies vaccination and license.
(6) The owner shall present proof the dog has been altered to prevent reproduction
to animal control.
(d) The biting, dangerous or vicious dog shall be impounded by the city animal control
department for a period of no longer than thirty (30) days at the owner’s expense until such
time as all provisions of subsection (c) are fully performed.
(e) If the conditions of subsection (c) are not fully performed, within the thirty (30) days
allowed, the dog shall be euthanized in a humane manner and proof of euthanasia filed with
animal control.
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(f) Any biting, dangerous or vicious dog found off the premises of its owner, other than
provided for in this article, shall be seized by an animal control officer, any police officer or any
sheriff’s deputy and impounded. If the dog cannot be captured, it may be destroyed. If the dog
has been running at large, or bites a person, or bites another animal, the animal control officer,
any police officer or any sheriff’s deputy may order the owner to deliver the dog to the city
animal shelter within twenty-four (24) hours and the owner required to appear in court to
show cause why the dog shall not be destroyed. If the owner of the dog fails to deliver the dog
as ordered, an animal control officer, any police officer or sheriff’s deputy shall use such means
necessary to impound the dog.
Sec. 14-127. Guard dogs.
(a) Designation. The owner or caretaker of a dog whose purpose is to guard and protect
property must designate that their dog is a guard dog at the time of obtaining a city dog license.
(b) Signs. It shall be the responsibility of the owner or caretaker of a guard dog to post
appropriate warning signs indicating that there is a guard dog upon the premises.
(c) Confinement. The guard dog shall be confined to the premises protected by such dog.
Division 2. Licensing Requirements
Sec. 14-151. Required.
It shall be unlawful for any person within the city to keep, maintain or have in their
custody or under their control any dog or cat which is over the age of three months, without
first having obtained a license for the dog or cat from an authorized agent of the city.
Sec. 14-152. Application.
Any person desiring to keep, maintain or have in their custody or control within the city,
any dog or cat, shall on or before December 31st of each year make an application to an authorized
agent of the city for a license to keep such dog or cat. Such application shall be in writing, stating the
name, sex, color and other distinguishing characteristics (e.g., such as guard dog) of such dog or cat
and the name of the owner or caretaker thereof, which application shall be made on a printed form
furnished by an authorized agent and shall be filed with an authorized agent.
Sec. 14-153. Rabies vaccination required.
No dog or cat license tag shall be issued to any owner or caretaker or person in possession
of any dog or cat who does not present to an authorized agent at the time of making application for
such license, a certificate of vaccination against rabies by a veterinarian duly licensed to practice
veterinary medicine within any State. The certificate must show the date of such vaccination and
shall must state the period of time for which the dog or cat is effectively immunized, which period
of immunization shall be for at least one year from the date of issuance of the license tag.
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Sec. 14-154. Fee.
Before any license may be issued under the provisions of this article, the applicant shall
pay to an authorized agent a fee for each dog or cat to be licensed. The annual fee for such
license shall be determined from time to time by resolution of the city council which shall be on
file in the city hall.
Sec. 14-155. Authorized agent's fee.
If the license fee shall be collected by a veterinarian so authorized by the city, the
veterinarian may charge an additional fee in the amount established by resolution of the city for
their services in issuing such license.
Sec. 14-156. Issuance of tag.
It shall be the duty of an authorized agent of the city, at the time of issuance of the
license provided in this division, to furnish and deliver to such applicant a tag for each dog or
cat for which such license is issued, upon which tag shall be stamped or engraved the registered
number of the dog or cat and the year for which such license is issued.
Sec. 14-157. Dog or cat to wear tag.
It shall be the duty of the owner or keeper of any dog or cat to place a collar around
the neck of each dog or cat, on which collar shall be securely fastened the tag furnished by an
authorized agent of the city under the provisions of this article.
Sec. 14-158. Duplicate tag.
In the event of the loss of any tag issued under the provisions of this article, an
authorized agent of the city is authorized to issue a duplicate tag when application has been
made stating the original tag has been lost and payment of the actual cost of the duplicate tag
has been made.
Division 3. Impoundment and Redemption
Sec. 14-181. Notice to owner or caretaker.
The owner or caretaker of any dog or cat impounded under the provisions of this
article shall be notified that their dog or cat has been impounded within 24 hours if the owner's
or caretaker’s identity and location can be obtained by reasonable means.
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Sec. 14-182. Impoundment fees.
Fees for the impoundment of any dog or cat shall be determined from time to time by
resolution of the city council, and such resolution shall be on file in the city clerk's office.
Sec. 14-183. Redemption of a dog or cat by owner or caretaker.
(a) The owner or caretaker of any impounded dog or cat, upon satisfactory proof of
ownership, may redeem their dog or cat upon payment of fees and charges as provided by
resolution and upon proof of a current rabies vaccination and city license.
(b) The owner or caretaker of any impounded dog or cat which has not been vaccinated
or licensed under this article may redeem their dog or cat by providing satisfactory proof of
ownership and by making a deposit in the amount established by resolution with an the animal
control officer. The owner or caretaker shall be allowed five days to vaccinate and license such
dog or cat. Upon presentation within five days of a license issued under this article, the deposit
shall be refunded.
(c) If such owner or caretaker fails to procure a certificate of vaccination and city license
within five days, the deposit shall be forfeited and delivered to the city clerk's office to be
placed in the general fund, and the dog or cat shall be reimpounded.
Sec. 14-184. Redemption by person other than owner or caretaker.
If the owner or caretaker of any dog or cat impounded under the provisions of this
article shall fail to redeem their dog or cat within five days after such impoundment, any other
person may, upon complying with the provisions of this article, redeem such dog or cat from
the animal shelter and become the lawful owner or caretaker of such dog or cat thereafter.
Sec. 14-185. Disposition.
All dogs and cats impounded under the provisions of this article and remaining
unclaimed after five days of impoundment, unless impounded for a longer specified time by
order of an animal control officer, may be placed for adoption or, without notice, disposed of
by humane means by an animal control officer.
Sec. 14-186. Alternate procedure.
If a dog or cat cannot be captured and the owner or caretaker is known to an animal
control officer, the animal control officer may issue a notice to the owner or caretaker that
their dog or cat is in violation of this article, which notice shall state the violation date, time,
location, breed and color of the dog or cat, the license number, if known, and the name and
address of the owner or caretaker of such dog or cat, and such notice shall direct the owner or
caretaker of such dog or cat to pay the impoundment fees as provided in this article section 14-
182 either by mail or in person to an the animal control officer within ten days of such notice.
Failure to pay such fees shall constitute a violation of this article section.
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Sec. 14-187. Pickup and transportation fee.
A pickup and transportation fee shall be charged for every animal picked up from
outside the limits of the city and impounded at the animal shelter of the city.
V.
ARTICLE V. WILD OR DANGEROUS ANIMALS
Sec. 14-221. Registration required.
In the interest of public safety, all wild animals and hybrid animals whose peers exist
predominantly in a wild or nonresidential confined state and whose unconfined presence might
constitute a danger to humans shall be registered with the city animal control department.
Sec. 14-222. Providing registration information to relevant personnel.
The city animal control department shall provide copies of all wild animal and hybrid
registrations to the police department and other emergency rescue personnel which may have
reason to enter the premises where wild animals are present for purposes of rescue operations
resulting from a natural disaster or personal emergency.
Sec. 14-223. Running at large.
It shall be unlawful for any person to permit or allow any wild or hybrid animal to run at
large within the city.
Sec. 14-224. Prohibited generally.
It shall be unlawful for any person to keep, maintain or have in their possession or
under their control within the city any poisonous reptile or any other dangerous animal, hybrid
animal or carnivorous wild animal or reptile, or vicious or dangerous domesticated animal, or
any other animal or reptile of wild, vicious or dangerous propensities.
Sec. 14-225. Prohibited animals enumerated.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Dangerous animal means any wild mammal, reptile or fowl which is not naturally tame or
gentle, but is of a wild nature or disposition, and which, because of its size, vicious nature or
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other characteristics would constitute a danger to human life or property if it escaped from
secure quarters. The term “dangerous animal” also includes any domestic, reptile or fowl which
because of its size or vicious propensity or other characteristic would constitute a danger to
human life or property if it escaped from secure quarters.
(b) Prohibited animals. It shall be unlawful for any person to keep, maintain or have in their
possession or under their control within the city any of the following animals:
(1) Any animal which has been declared to be protected or endangered by the U.S.
Department of Interior;
(2) All poisonous animals, including rear-fang snakes;
(3) Badgers (mellinae);
(4) Bears (ursidae);
(5) Beavers (castoridae);
(6) Canids, that is: wolves, foxes, coyotes, jackals, dingos, raccoon dogs;
(7) Civet (viverrines);
(8) Civet or raccoon dog (nycterevtes procyonoides);
(9) Constrictor snakes;
(10) Crocodilians, that is: alligators, crocodiles, caimans, cavials;
(11) Eagles, hawks, owls (falconiformes) except falcons and hawks in the possession of a state
and federally licensed handler;
(12) Edentata, that is: anteaters, tamanduas, sloths, armadillos;
(13) Emus (casuariiformes);
(14) Felids, that is: lions, tigers, leopards, cheetahs, jaguars, pumas, lynx, ocelots, bobcats;
(15) Game cocks and other fighting birds;
(16) Hyenidae (hyenas);
(17) Marsupials, that is: opossums, Tasmanian wolf, kangaroos, koalas, wombats;
(18) Muskrats (ondatra);
(19) Ostriches (struthio);
(20) Porcupine (hystricomorpha);
(21) Primates (nonhuman), that is: apes, monkeys, baboons, chimpanzees, gibbons, gorillas,
orangutans, siamangs;
(22) Procuonids, that is: raccoons, coatis, kinkajous, ring-tailed cats, pandas;
(23) Rheas (rheiformes);
(24) Skunks (mephitinae);
(25) Squirrels (sciuridae);
(26) Sharks (chondrichthyes);
(27) Swine (suidae);
(28) Ungulates, that is: elephants, zebra, tapirs, rhinoceroses, camel, llama, caribou, antelope,
bison, reindeer, deer, giraffe, hippopotamus, wild boar, gazelle, gnu;
(29) Water buffalo (bubalus);
(30) Wart hogs (phacochorus aethiopicus);
(31) Weasels;
(32) Wolverines (gulo gulo);
(33) Woodchucks (marmota monas);
(34) Any other dangerous animal.
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Sec. 14-226. Exception for medical and education institutions.
The provisions of sections 14-224 and 14-225 shall not apply to prohibit the possession
or keeping of an animal which is in the possession of faculty or staff of South Dakota State
University and is kept for testing, research or educational purposes and is confined in a cage or
enclosure adequate to prevent its escape or the possession or keeping of an animal which is a
circus animal or the temporary display of an animal participating in a licensed circus event or
temporary display, if:
(1) Their location conforms to the provisions of the zoning ordinances of the city.
chapter 94 of this Code.
(2) All animals and animal quarters are kept in a clean and sanitary condition and so do
maintained as to eliminate objectionable odors.
(3) Animals are maintained in quarters so constructed as to prevent their escape.
(4) No person lives or resides within 100 feet of the quarters in which the animals are
kept.
Sec. 14-227. Owner to report escape of dangerous animals or animals not
indigenous to State.
The owner or keeper of any member of a species of the animal kingdom that escapes
from their custody or control and that is a dangerous animal or is not indigenous of this state
or presents a risk of physical harm to persons or property shall, within one hour after they
discover or reasonably should have discovered the escape, report it to a law enforcement
officer of the city and the county sheriff where the escape occurred.
Sec. 14-228. Penalty for violation of article.
(a) The penalty for a violation of this article shall be a fine of $200.00.
(b) Any person violating any provision of this article shall be subject to a fine of fined not
more than $200.00 for each offense, and each separate offense shall be deemed committed
once each day during or on which a violation occurs or continues.
Sec. 14-229. Public nuisance.
The possession or keeping or any animal prohibited by this article is declared to be a
public nuisance.
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Sec. 14-230. Animals declared as a biting, dangerous or vicious animal prohibited.
It shall be unlawful for any person or caretaker to keep, maintain or have in their
possession or under their control within this city any animal which has been declared by
another governmental entity to be a biting, dangerous or vicious animal.
VI.
ARTICLE VI. PET SHELTERS
Sec. 14-261. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Pet shelter means a pen, cage, enclosure or accessory structure used for the purpose of
harboring four to 15 pets, such as rabbits, chinchillas or similar animals at least four months of
age, other than dogs, cats, poultry or domestic livestock.
Sec. 14-262. Right of entry.
An animal control officer or its authorized representative shall have the right to inspect
any pet shelter at any reasonable hour for the purpose of enforcing the provisions of this
article.
Sec. 14-263. Commercial pet shelter prohibited.
It shall be unlawful to maintain or operate a pet shelter as a commercial enterprise in
the city. A pet shelter operated by a nonprofit agency which complies with this article shall be
an authorized pet shelter.
Sec. 14-264. Number of pets.
It shall be unlawful to keep or shelter more than 15 pets over four months of age in a
pet shelter.
Sec. 14-265. Adequate facilities required.
It shall be unlawful to maintain or operate a pet shelter without adequate pens, feeders
and waterers.
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Division 2. License
Sec. 14-291. Required.
It shall be unlawful for any person within the city to keep, maintain or operate a pet
shelter without first having obtained a license therefor from the animal control department.
Sec. 14-292. Application; contents; form.
Any person who desires to maintain or operate a pet shelter shall, on or before
December 31st of each year, make application to the animal control officer for a license for such
pet shelter. Such application shall be in writing, and shall state the name and address of the
applicant, the location of the pet shelter, a description of the type and number of animals being
harbored and the purpose of raising the animals. The application shall be made on a printed
form furnished by an the animal control officer and shall be filed with an the animal control
officer.
Sec. 14-293. Inspection.
An inspection of the sanitary conditions of a proposed shelter by an the animal control
officer shall be required prior to issuance of the initial pet shelter license.
Sec. 14-294. Fee.
Before any license shall be issued under the provisions of this article, the applicant shall
pay to the animal control department agent, a fee for each pet shelter to be licensed. The
annual fee for a pet shelter license shall be as established by resolution of the city.
Sec. 14-295. Right of appeal.
If a pet shelter license is not issued upon initial application therefor, or is revoked, the
applicant may appeal the decision to the city council. Any decision of the city council shall be
final.
Sec. 14-296. Revocation.
A pet shelter license may be revoked for any of the following reasons:
(1) Substantiated complaints to an the animal control officer by adjacent neighbors
about odor or noise.
(2) Unsanitary conditions as determined by an the animal control officer or their its
representative.
(3) Submission of false information upon the application for a pet shelter license.
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(4) Any violation of the provisions of this article.
II.
All ordinances in conflict herewith are hereby repealed.
FIRST READING: August 26, 2008
SECOND READING AND ADOPTION: September
PUBLISHED: September
CITY OF BROOKINGS, SOUTH DAKOTA
Scott D. Munsterman, Mayor
ATTEST:
Shari L. Thornes, City Clerk
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138
Public Hearings, Second Readings, Ordinances:
13. Ordinance No. 34-08, an Ordinance rezoning Lots 3, 4
and 5, Block 1 and Lot 2, Block 2, Telkamp Addition
from a Residence R-3 District to a Planned Development
District and for approval of an initial and final
development plan.
Applicant: Den-Wil Investments, Inc.
Proposal: Create a mixed use development
Background: This area began developing in the late 1960s. Several apartment complexes
now exist from 9th Street to 11th Street and east along the north side of 9th Street. The
apartments have a high percentage of university students due to their proximity to
campus. The balance of the land east of the apartment complexes is undeveloped. The
University is in the initial stage of establishing a research park on South Dakota State
University land north of the proposed development.
The major street plan for this quadrant includes 25th Avenue and 9th Street. The
extension of 10th Street to the east will likely result in an extension of 25th Avenue to
the north.
Specifics: The goals of a Planned Development District (PDD) are listed in the beginning
of Section 94-163. Two primary steps in reviewing a PDD request involve the Initial and
Final Development Plan (FDP). These plans can be submitted separately or concurrently.
Once a FDP is approved, changes can only occur through a minimal, minor, or major
amendment process.
The McCrory Village Apartments project is a two-phase development. The plan for the
north side of 10th Street is proposed as a FDP. It contains two (2) “wings” with three (3)
floors of residential units. A retail area, office, lobby, meeting rooms, and indoor pool
would be centered between the wings. Parking would include a combination of surface
and underground facilities. The grounds would be landscaped and include a storm water
detention area in the northwest corner.
The various elements of the final development plan are as follows:
♦ The property is currently platted into three (3) large lots with a land area
of 6.6 acres.
♦ The development standards for the mixed use would coincide with the
Residence R-3 District and Business B-2 District. The Planning
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September 9, 2008
139
Commission should indicate the traditional district regulations that would
be established along with the overlay district.
♦ Each wing is noted as a separate phase for the project. The center retail
area would be constructed with the west wing (sub-area 1)
♦ The plan has a proposed density of 18 units per acre. Twenty-four units
per acre is the maximum density by standard regulations.
♦ The on-site parking for the apartments and commercial space is 294
spaces. Minimum parking requirements for the apartment units would be
270 with the balance reserved for commercial use.
♦ Proposed driveways, landscaping, and a storm water detention area are
shown. Typical access drive allowances for a standard development such
as this would be two (2).
The plan for the lot south of 10th Street consists of one (1) building. The various
elements of the initial development plan are as follows:
♦ This property is currently platted into one lot that contains four (4)
acres.
♦ The proposed development involves one building that would have a
commercial designation on the first floor with a residential use above.
♦ The plan indicates a 42 unit apartment but no specific information on
commercial space. The plan does indicate that each floor would have
24,000 square feet of area.
♦ The density calculates to 10.5 units per acre.
♦ On-site parking totals equal 145 surface spaces plus 58 spaces proposed
for underground. There is no bedroom/unit breakdown so minimum
parking requirements cannot be determined.
♦ Elevations for the building were not furnished.
♦ It is assumed that the project would be completed in one phase.
Recommendation: The Planning Commission voted 7 yes and 0 no to recommend
approval of the rezoning and accompanying initial and final development plans.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Manager Recommendation - Approve
City Council Packet
September 9, 2008
140
Ordinance No. 34-08
An Ordinance to Change the Zoning Within the City of Brookings
Be it ordained by the governing body of the City of Brookings, South Dakota,
Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of
South Dakota, described as follows:
Lots 3, 4, and 5, Block 1; and Lot 2, Block 2, Telkamp Addition
be and the same is hereby rezoned and reclassified from a Residence R-3 District to a Planned
Development District (PDD).
In accordance with Section 94.7 of Article I of Ordinance 25-02 of the Code of Ordinances of
Brookings, South Dakota, as said districts are more fully set forth and described in Articles III
and IV of Ordinance No. 25-02 of the City of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is hereby
altered and changed in accordance herewith pursuant to said Ordinance No. 25-02 of the City
of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
FIRST READING: August 26, 2008
SECOND READING AND ADOPTION: September 9, 2008
PUBLISHED: September 12, 2008
CITY OF BROOKINGS
Scott D. Munsterman, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City Council Packet
September 9, 2008
141
Planning Commission
Brookings, South Dakota
August 5, 2008
OFFICIAL MINUTES
Chairperson Greg Fargen called the regular meeting of the City Planning Commission to
order on August 5, 2008 at 7:00 PM in the Council Chamber at City Hall. Members present
were David Kurtz, Al Gregg, Al Heuton, Curt Ness, Larry Fjeldos, John Gustafson, and Fargen.
Stacey Howlett and Mike Cameron were absent. Also present were Dennis Bielfeldt, Sarah
Aldinger, Dick Dempster, Lyle Pudwill, Tim Burns, City Engineer Jackie Lanning, City Manager
Jeff Weldon, City Planner Dan Hanson, and others.
Item #4 – Den-Wil Investments, Inc. has submitted a petition to rezone Lots 3, 4, and 5, Block
1; and Lot 2, Block 2, Telkamp Addition from a Residence R-3 District to a Planned
Development District (PDD) and for approval of an initial and final development plan.
(Fjeldos/Kurtz) Motion to approve the rezoning and initial and final development plans.
All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #4 – Dennis Bielfeldt, Den-Wil, Inc., stated the rezoning and development plan would be
compatible to the Innovation Campus plan. The development would be aesthetic and unique.
Construction was planned for October.
Hanson noted that the development was a mix use project with apartments and retail
floor space. The zoning district standards that would customarily apply would be the Residence
R-3 and Business B-2 regulations.
Heuton asked if access to a future extension of 25th Avenue would be needed. Bielfeldt
responded that it would depend on the actual location of the street.
Kurtz inquired about the proposed detention area. Lanning replied that review and
approval would occur during the building permit stage.
City Council Packet
September 9, 2008
149
Public Hearings, Second Readings, Ordinances:
14. Ordinance No. 35-08, an Ordinance rezoning Lot 101,
Block 1, First Addition from a Residence R-2 District to a
Planned Development District and for approval of an
initial and final development plan.
Applicant: Larson Foundation
Proposal: Create a mixed use development
Background: Central Elementary was constructed in 1936. The campus size is
approximately 3.8 acres. A playground and ball diamonds are located near the west and
north perimeters of the site. A small playground is on the south side.
Adjacent uses include the Central Business District (B-1) to the west, a Business B-2
District to the north, a Planned Development District (1921 Building) to the east and
both B-1 and B-2A zoning to the south.
Specifics: This proposal is presented as a combined initial and final development plan.
The Final Development Plan sheet addresses each element listed by the ordinance. The
top view site plans, floor plans, and elevation views provide excellent examples of how
the development would look.
The petitioner is requesting to apply the standards of the Business B-1 District for the
multiple uses proposed for the project. The B-1 standards eliminate all on-premise
parking and building setback requirements. The petitioner has provided information on a
parking study on and adjacent to the project. This is in your packet. Elimination of
building setback requirements was due to the proposed location of buildings in the
outdoor display areas. It would also provide flexibility for future modifications.
The Site Content Plan is an expanded vision of how the museum could interconnect
with adjacent public spaces and the library. However, parcels south of 4th Street are not
part of the PDD request.
Recommendation: The Planning Commission voted 7 yes and 0 no to recommend
approval of the rezoning and final development plan.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Manager Recommendation – Approve
City Council Packet
September 9, 2008
150
Ordinance No. 35-08
An Ordinance to Change the Zoning Within the City of Brookings
Be it ordained by the governing body of the City of Brookings, South Dakota,
Section 1. That the real estate situated in the City of Brookings, County of Brookings,
State of South Dakota, described as follows:
Lot 101, Block 1, First Addition
be and the same is hereby rezoned and reclassified from a Residence R-2 District to a
Planned Development District (PDD).
In accordance with Section 94.7 of Article I of Ordinance 25-02 of the Code of
Ordinances of Brookings, South Dakota, as said districts are more fully set forth and
described in Articles III and IV of Ordinance No. 25-02 of the City of Brookings, South
Dakota.
Section 2. The permitted use of the property heretofore described be and the same is
hereby altered and changed in accordance herewith pursuant to said Ordinance No. 25-
02 of the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
FIRST READING: August 26, 2008
SECOND READING AND ADOPTION: September 9, 2008
PUBLISHED: September 12, 2008
CITY OF BROOKINGS
Scott D. Munsterman, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City Council Packet
September 9, 2008
151
Planning Commission
Brookings, South Dakota
August 5, 2008
OFFICIAL MINUTES
Chairperson Greg Fargen called the regular meeting of the City Planning Commission to
order on August 5, 2008 at 7:00 PM in the Council Chamber at City Hall. Members present
were David Kurtz, Al Gregg, Al Heuton, Curt Ness, Larry Fjeldos, John Gustafson, and Fargen.
Stacey Howlett and Mike Cameron were absent. Also present were Dennis Bielfeldt, Sarah
Aldinger, Dick Dempster, Lyle Pudwill, Tim Burns, City Engineer Jackie Lanning, City Manager
Jeff Weldon, City Planner Dan Hanson, and others.
Item #5 – Larson Foundation has submitted a petition to rezone Lot 101, Block 1, First
Addition from a Residence R-2 District to a Planned Development District (PDD) and for
approval of an initial and final development plan.
(Gustafson/Gregg) Motion to approve the rezoning and initial and final development
plan. All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #5 – Sarah Aldinger and Dick Dempster of Architecture Incorporated and Lyle Pudwill of
Confluence presented a layout of the Children’s Museum of South Dakota. Aldinger stated the
first floor would have a new addition containing an entry pavilion, display, and deli. There would
also be a storage area and access to outdoor seating. A ticket office and gift shop would be on
the west side of the elementary building. There would also be a temporary exhibit area and the
north wing would contain service and maintenance rooms.
The second floor, east side, would have exhibit space, an art studio, and movable risers
for presentations. Other areas would contain administrative offices, work spaces, restrooms,
and a conference room above the entry pavilion.
Pudwill addressed the exterior layout. A bus drop-off and redesign of 4th Street was
proposed. Main access to the pavilion would be from the south and west. Outside exhibit space
would be west and north of the building. Outdoor structures would include a shelter near a
skate pond and a “farm style” building in the farm and ranch portion. There would be a
dinosaur bog and two large landscape areas along the perimeter to serve as focal points. A
small parking lot in the northeast corner would hold 16 vehicles. Outside the fenced exhibit
area would be a neighborhood playground.
Heuton asked what fence style was proposed. Pudwill replied that masonry piers with
wrought iron would be used. Gustafson inquired if there were sight angle issues at the
intersections. Hanson responded that both the 5th and 4th Street intersections had traffic
City Council Packet
September 9, 2008
152
controls so sight angle requirements were reduced. Gustafson asked if a student pick-up area
was still planned. Aldinger replied that the 5th Street gymnasium would serve that need.
Dempster noted that construction on the pavilion would start this fall with the project
completed one year later. Heuton inquired about staff. Aldinger responded that staff numbers
would be less than the proposed on-site parking stalls.
Gregg asked about security plans. Pudwill replied that security lighting and possibly
cameras would be installed to monitor the site. He felt the design would provide enough
visibility into the outdoor exhibit area.
City Council Packet
September 9, 2008
153
Sec. 94-163 PLANNED DEVELOPMENT DISTRICT
(a) Intent. It is the intent of this PDD planned development district to provide flexibility from
conventional zoning regulations with increased public review for Planned Development District
projects in order to:
(1) Encourage well-planned, efficient urban development.
(2) Allow a planned and coordinated mix of land uses which are compatible and harmonious,
but were previously discouraged by conventional zoning procedures.
(3) Encourage more creative, higher quality and more ecologically sensitive urban design with
special consideration given to projects which incorporate desirable design features such as
underground parking, orientation or design to take advantage of passive solar energy,
environmental preservation, historic preservation, handicapped accessible structures, unique
use of open spaces, or other desirable design features.
(4) Improve communication and cooperation among the City of Brookings land developers and
interested residents in the urbanization of new lands and the renewal of existing
deteriorated areas.
(b) Scope of section provisions. The regulations set forth in this section are the district
regulations in the Planned Development District, hereafter sometimes referred to as "PDD".
(c) Compliance with the Master Plan. The development within the Planned Development
Districts (PDD) shall comply with the policies and design standards of the existing city Master
Plan. Said developments and adjacent projected developments shall be mutually compatible.
(d) Planned Development District. Zoning: Applications for a change of zoning to a
Planned Development District shall be subject to the requirements of Section 94-7.
(e) Initial Development Plan. A request for a rezoning to a Planned Development District
shall be accompanied by an initial development plan. Said plan shall be submitted at least
twenty (20) days prior to the Planning Commission meeting in which it is to be heard. The
Planning Commission shall review the initial development plan and forward its
recommendation, with or without modifications, to the City Council. The following
information shall be specified on the initial development plan:
1. Project name and legal description.
2. A preliminary subdivision plan in compliance with all applicable subdivision regulations.
3. The proposed development scheme showing the following information:
a. The proposed land uses including the number and type of proposed residential
buildings, the proposed number of dwelling units per building, the number and type of
any proposed nonresidential buildings, and their square footage.
b. The proposed maximum density of the development, which shall not exceed the
density allowed in the traditional zoning districts for similar uses. Where unique
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September 9, 2008
154
physical, environmental or design characteristics exist or are proposed, lesser
densities may be desirable.
c. The proposed maximum height, which shall not be greater than those required in the
traditional zoning districts for similar uses. Where unique physical, environmental or
design characteristics exist or are proposed, lesser heights may be desirable.
d. Proposed design features illustrating compatibility with the surrounding environment
and neighborhood.
e. Anticipated sub-area development sequence.
(f) Final Development Plan. Prior to obtaining building permits for construction on any
lots in the PDD, a final development plan shall be submitted to the Planning Commission,
which shall have sole authority to approve, amend, or deny said plan. The final
development plan may be submitted in conjunction with the initial development plan for
concurrent approval on any sub-areas the developer is ready to commit to a final plan. All
the information required for both an initial and final development plan shall be shown for
the areas submitted for concurrent approval. The final development plan shall be a scaled,
reproducible drawing showing the following information:
1. The subdivision name, the legal description, and individual project name (if any).
2. Boundaries of any sub-area or sub-areas submitted for approval superimposed on the
map of the initial development plan.
3. A subdivision plan of the sub-area or sub-areas submitted for approval in compliance
with all applicable subdivision regulations.
4. The development standards for the area or sub-areas based on the requirements in one
or more of the traditional zoning districts.
5. The size, location and elevation of all proposed structures including height and number of
units.
6. The calculated floor area for each structure and each use within said structure.
7. Off-street parking lot arrangement designating all parking and stacking spaces, off-street
loading spaces, and any outdoor trash container space.
8. Any sidewalks, bikeways or other paths and any areas reserved for recreation activities
such as basketball and volleyball courts.
9. Any outdoor lighting type and location except for standard street lights provided by the
city.
10. A landscaping plan showing the type and location of any walls, fences or berms, the
placement, size, and species of any trees or shrubs, and areas that will be sod or seeded.
11. All existing and proposed utilities, drainage ways and watercourses.
12. All curb cuts and private drives.
13. Adjacent existing and proposed uses.
(g) Amendments. Requests for changes within a PDD shall be submitted as an overlay on
the initial or final development plan. Amendments shall be classified as follows:
1. Major Amendments: The following changes are considered major amendments:
a. Any change in the proposed use(s) of land or buildings.
b. A major change in the street plan.
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September 9, 2008
155
c. An increase of twenty percent (20%) or more in the total density of the development.
2. Minor Amendments: The following changes are considered minor amendments:
a. Any adjustment in the dimensions of a building (length, width or height).
b. Any change in the number or location of access drives.
c. Any decrease in required landscape areas, buffer zones or other open areas.
d. A minor change in the street plan.
e. Any increase of less than twenty percent (20%) in the density of any area or sub-area.
f. Any major change in the exterior design features of a building.
g. Any change in the size or location of signs.
3. Minimal amendments: The following changes are considered minimal amendments:
a. Any minor adjustment within a building which involves a more intensive use.
b. Any change in the location of outdoor lighting, sidewalks or bikeways, recreation
areas or loading docks.
(h) Procedure For Amendments. Amendments to the PDD shall be subject to the
following review procedures
1. Major amendments: Major amendments to the initial and/or final development plan shall
be required to be approved as an amendment to the Zoning Ordinance, requiring the
Planning Commission's review, the City Council’s approval, and public notice in
accordance with Section 94-7.
2. Minor amendments: Minor amendments to the initial and/or final development plan shall
be required to be approved by the Planning Commission at a hearing for which notice
has been published in a locally circulated newspaper at least one week prior to the
Planning Commission meeting. Minor amendments to the initial development plan may
also be made by the submission and approval of a final development plan which is
changed from the approved initial development plan.
3. Minimal amendments: Minimal amendments to the final development plan shall be
submitted to the zoning officer on a reproducible development plan showing the
requested changes. The zoning officer may then approve said changes in writing if they
deem it appropriate.
Sec. 94 – xxx. Children’s Museum Planned Development District
a) Intent. This district is intended to provide the framework for the Children’s Museum
development in order to allow design coordination of public and private spaces adjacent to the
museum property. The museum project will incorporate creative design elements, renovation of a
historic building and extensive landscape treatment with space for exterior exhibits that will be
visible and accessible to the public. Any outdoor storage or trash will be screened from view
behind an opaque fence or wall.
b) Scope of regulations. The regulations set forth in this section are the district regulations in the
Children’s Museum Planned Development District.
c) Permitted uses.
1) Children’s Museum.
2) Retail or service store.
3) Deli, sandwich shop or restaurant.
4) Exterior display structures and exhibits.
d) Permitted special uses.
1) None.
e) Conditional uses.
1) None.
f) Density, area, yard and height regulations. The Children’s Museum Planned Development
District regulations shall be as follows:
TABLE INSET:
Density
Sq. Ft.
Min. Lot
Area Sq.
Ft.
Min. Lot
Width
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height
All
Uses
*
20 feet*
50 feet
*A 30-foot landscaped area shall be required between an abutting residential district boundary line and
any structure, access drive, parking lot or other accessory use.
g) Accessory uses. Accessory uses and buildings permitted in the Children’s Museum Planned
Development District are buildings and uses customarily incidental to any of the permitted uses in
the district such as recreation space including playground play structures and ice skating rink.
h) Parking regulations. Parking, loading and stacking within the Children’s Museum Planned
Development District shall be as follows:
1) Spaces on site: 16
2) Off street loading: 1
3) Spaces in vacated 4th Street: 34
4) Bus loading in vacated 4th Street: 3
i) Exhibits/sign regulations. Signs within the Children’s Museum Planned Development District
shall be in conformance with the regulation set forth in Division 5 of Article VI of this chapter for
a B-1 District.
j) Other regulations. Development within the Children’s Museum Planned Development District
shall be in conformance with the regulations set forth in Article II of this chapter.
(Ord. No. 21-03, 8-26-2003; Ord. No. 39-03, § 1, 12-9-2003; Ord. No. 05-08, 2-12-2008)
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September 9, 2008
173
Other Business.
15. Action on a PROJECT PLAN fore Tax Increment District
Number Four (TID #4).
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Project plan for TID #4
Under previous action, you approved the creation of Tax Increment District Number 4
(TID #4) and set the boundaries as the 33 lots platted as Sieler Addition (see attached).
This tax increment development plan is nearly identical to the one you previously
approved for Valley View Addition.
This district will be for residential homes that do not exceed $160,000. This is a pay-as-
you-go district meaning the developer “fronts” all costs of infrastructure and is
reimbursed over time as the parcels generate incremental taxes to a point where the
infrastructure costs are reimbursed.
The purpose of this economic development tool is to write-down the costs of
development to make the project more affordable. In this case, this is a housing market
that has been identified in our housing plan where affordability and marketability are
difficult to match due to costs, so future taxes are used to pay for the infrastructure.
The Planning Commission considered the plan at their last meeting and recommended
approval of this development plan. If you adopt this, one remaining step needs to be
taken which is the adoption of the development agreement that commits the developers
to certain covenants.
The development costs have to be competitively bid so the City will hold the
infrastructure construction contract and bid it like a traditional city development project
but will get reimbursed by the developer’s lending agent.
The City’s financial advisor, Toby Morris from Northland Securities, will be here to go
through the document.
Action: Motion to approve, Request Public Comment, Roll Call
City Manager Recommendation – Approve
City of Brookings
Tax Increment Distinct Number Four
- 10 -
MAP
City Council Packet
September 9, 2008
175
Planning Department Staff Report:
Applicant: Oakwood Equity Group LLC
Proposal: Review and act on the various elements of a tax increment project plan as required
by SDCL Chapter 11-9.
Background: The Planning Commission recommended approval for the creation and declaration
of boundaries of Tax Increment District #4 on August 5, 2008. This recommendation was
forwarded to the City Council on August 26th.
Specifics: The following excerpts from SDCL 11-9 pertain to a project plan:
11-9-13. Recommendation of project plan by commission--Statement of improvements
proposed, costs, and plan for financing. In order to implement the provisions of this chapter,
the planning commission shall prepare and adopt a project plan for each tax incremental district
and submit the plan to the governing body. The plan shall include a statement listing:
(1) The kind, number, and location of all proposed public works or improvements
within the district;
(2) An economic feasibility study;
(3) A detailed list of estimated project costs;
(4) A fiscal impact statement which shows the impact of the tax increment district,
both until and after the bonds are repaid, upon all entities levying taxes upon property in the
district; and
(5) A description of the methods of financing all estimated project costs and the
time when related costs or monetary obligations are to be incurred.
No expenditure may be provided for in the plan more than five years after a district is created
unless an amendment is adopted by the governing body under § 11-9-23.
11-9-14 Definition of project costs. "Project costs" are any expenditures made or estimated
to be made, or monetary obligations incurred or estimated to be incurred, by a municipality
which are listed in a project plan as costs of public works or improvements within a tax
incremental district, plus any costs incidental thereto, diminished by any income, special
assessments, or other revenues, other than tax increments, received, or reasonably expected
to be received, by the municipality in connection with the implementation of the plan.
11-9-15. Specific items included in project costs. Project costs include, but are not limited to:
(1) Capital costs, including the actual costs of the construction of public works or
improvements, buildings, structures, and permanent fixtures; the demolition, alteration,
remodeling, repair, or reconstruction of existing buildings, structures, and permanent fixtures;
the acquisition of equipment; the clearing and grading of land; and the amount of interest
payable on tax incremental bonds or notes issued pursuant to this chapter until such time as
positive tax increments to be received from the district, as estimated by the project plan, are
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176
sufficient to pay the principal of and interest on the tax incremental bonds or notes when due;
(2) Financing costs, including all interest paid to holders of evidences of
indebtedness issued to pay for project costs, any premium paid over the principal amount
thereof because of the redemption of such obligations prior to maturity and a reserve for the
payment of principal of and interest on such obligations in an amount determined by the
governing body to be reasonably required for the marketability of such obligations;
(3) Real property assembly costs, including the actual cost of the acquisition by a
municipality of real or personal property within a tax incremental district less any proceeds to
be received by the municipality from the sale, lease, or other disposition of such property
pursuant to a project plan;
(4) Professional service costs, including those costs incurred for architectural,
planning, engineering, and legal advice and services;
(5) Imputed administrative costs, including reasonable charges for the time spent by
municipal employees in connection with the implementation of a project plan;
(6) Relocation costs;
(7) Organizational costs, including the costs of conducting environmental impact
and other studies and the costs of informing the public of the creation of tax incremental
districts and the implementation of project plans; and
(8) Payments made, at the discretion of the governing body, which are found to be
necessary or convenient to the creation of tax incremental districts or the implementation of
project plans.
11-9-16. Statement as to zoning and property use impact--Relocation methods. The plan
required by § 11-9-13 shall also include:
(1) A map showing the existing uses and conditions of real property in the district;
(2) A map showing the proposed improvements and uses therein;
(3) A map showing the proposed changes of zoning ordinances;
(4) A statement listing changes needed in the master plan, map, building codes, and
municipal ordinances;
(5) A list of estimated nonproject costs; and
A statement of a proposed method for the relocation of persons to be displaced.
Recommendation: The Planning Commission voted 5 yes and 0 no to approve the Project Plan
for TID # 4.
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September 9, 2008
177
Planning Commission
Brookings, South Dakota
September 2, 2008
OFFICIAL MINUTES
Chairperson Greg Fargen called the regular meeting of the City Planning Commission to
order on September 2, 2008 at 7:00 PM in the Council Chamber at City Hall. Members present
were, Al Gregg, Al Heuton, Curt Ness, Larry Fjeldos, and Fargen. Stacey Howlett, Mike
Cameron, David Kurtz, and John Gustafson, were absent. Also present were Wade Price,
Colleen Vukovich, City Engineer Jackie Lanning, City Manager Jeff Weldon, Toby Morris,
Wayne Wagner, Beverly Dobbs, City Planner Dan Hanson, and others.
Item #5 – Oakwood Equity Group LLC has submitted a project plan for Tax Incremental
District 4.
(Gregg/Heuton) Motion to approve the project plan. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item #5 – City Manager Jeff Weldon stated the project plan was very similar to the plan for
TID #3. The Sieler Addition had 33 residential lots that would be developed with lower priced
homes. The developer would obtain the loan and front the costs. The city would reimburse the
developer with the tax increment generated in the district. He added that the project would
have to be competitively bid.
Toby Morris of Northland Securities stated the projections indicated a 10 year payoff.
He reiterated that the developer assumed the risk. Morris added that the timetable was to
build 15 homes in 2009 and 18 homes in 2010. The target price per home was $160,000.
Wayne Wagner, a partner in Oakwood Equity Group LLC, stated he had built about five
(5) homes in the $160,000 range. Fjeldos remarked that, if the purpose was to build affordable
housing, low income families may not be able to afford a home priced over $120,000 to
$130,000. Wagner responded that the $160,000 was the high end. Their emphasis would be on
energy efficiency to keep monthly costs down.
Fargen asked what the savings per house would be with the TIF. Weldon replied that an
easy method would be the loan amount divided the number of houses. However, this excluded
debt service costs. Fargen inquired as to how resale values were determined. Weldon
remarked that a subsequent buyer would pay market rate.
Heuton supported the project and felt a TIF project was one of only a few methods to
build affordable housing. Fjeldos also felt the market was efficient and hoped that the homes
would be affordable and that developers understood their role in making these projects
attractive.
TAX INCREMENTAL DISTRICT
NUMBER FOUR,
CITY OF BROOKINGS
TAX INCREMENTAL PROJECT PLAN
- 1 -
Section 1. Introduction and Purpose. ...................................................................................... 1
Section 2. General Definitions. ................................................................................................ 1
Section 3. Tax Increment District Legal Description. ............................................................... 4
Section 4. Listing of Kind, Number, Location and detailed costs of proposed public
works and improvements. ............................................................................................................... 5
A. Costs of Public Works or Improvements ................................................................... 5
Section 5. Detailed Project Costs. ............................................................................................ 6
Section 6. Fiscal Impact Statement. ......................................................................................... 6
Section 7. Method of Financing, timing of costs and methods of payment. ........................... 6
Section 8. Maximum Amount of Note, Bond or other Monetary Obligation. ......................... 6
Section 9. Duration of Tax Incremental Plan ........................................................................... 7
Section 10. Estimated Impact of Tax Increment Financing on Revenues of Taxing
Jurisdictions ..................................................................................................................................... 7
Section 11. The legal description of the eligible property is provided in Attachment 1. ........ 7
Section 12. Statement of Displacement and Relocation. ........................................................ 7
Section 13. Changes to the City of Brookings master plan, map, buildings codes and City
ordinances. ...................................................................................................................................... 7
Section 14. List of Estimated Non-project Costs. ...................................................................... 7
Section 15. Impact on School District. ..................................................................................... 8
ATTACHMENTS .......................................................................................................................... 8
LIST OF SCHEDULES ................................................................................................................... 8
Feasibility Study ...................................................................................................................... 23
Feasibility Study ...................................................................................................................... 25
BLIGHT STUDY ......................................................................................................................... 26
Existing Conditions ............................................................................................................. 28
Background and Definition of the Study Area ............................................................... 28
Existing Land Use ................................................................................................................ 28
Vacant and Underutilized Properties ................................................................................. 28
Public Improvements .......................................................................................................... 28
CONCLUSIONS .................................................................................................................... 28
Section 1. Introduction and Purpose.
The purpose of this plan, to be implemented by the City of Brookings, is to satisfy the
requirements for a Tax Incremental District Plan Number Three, City of Brookings as specified in
SDCL Chapter 11-9. There are 11 mandated requirements of the plan, each to be addressed in
this plan. The principal purpose of the plan is to define eligible property and to define a tax
increment plan for funding eligible activities of a functionally obsolete and blighted area of the
City.
Section 2. General Definitions.
The following terms when found in this plan shall have the meaning set forth in this section 2
unless the context clearly indicates otherwise.
"Blighted" means property that meets any of the following criteria:
I. Any area, including slum area, in which the structures, buildings, or improvements, by
reason of:
(1) dilapidation, age, or obsolescence;
(2) inadequate provisions for ventilation, light, air, sanitation, or open spaces;
(3) high density of population and overcrowding;
(4) the existence of conditions which endanger life or property by fire and other
causes; or
(5) any combination of such factors;
are conducive to ill health, transmission of disease, infant mortality, juvenile
delinquency, or crime, and which is detrimental to the public health, safety, morals,
or welfare, is a blighted area. SDCL § 11-9-9
II. Any area which by reason of:
(1) the presence of a substantial number of substandard, slum, deteriorated, or
deteriorating structures;
(2) predominance of defective or inadequate street layouts;
(3) faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
(4) unsanitary or unsafe conditions;
(5) deterioration of site or other improvements;
(6) diversity of ownership, tax, or special assessment delinquency exceeding the fair
value of the land;
(7) defective or unusual conditions of title;
(8) the existence of conditions which endanger life or property by fire and other
causes; or
(9) any combination of such factors;
City of Brookings
Tax Increment Distinct Number Four
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substantially impairs or arrests the sound growth of a municipality, retards the
provision of housing accommodations, or constitutes an economic or social liability
and is a menace to the public health, safety, morals, or welfare in its present
condition and use, is a blighted area. SDCL § 11-9-10
III. Any area which is predominantly open and which because of obsolete platting,
diversity of ownership, deterioration of structures or of site improvements, or
otherwise, substantially impairs or arrests the sound growth of a municipality, is a
blighted area. SDCL § 11-9-11.
"City of Brookings" means Brookings, South Dakota, a home rule city.
"Council" means the City Council of the City of Brookings.
"Department of Revenue" means the South Dakota Department of Revenue.
"Economic Development" means all powers expressly granted and reasonably inferred
pursuant to SDCL 9-54.
"Fiscal year" means that fiscal year of the City of Brookings.
"Generally Applicable Taxes" shall have the same meaning as set forth in 26 CFR § 1.141-
4(e).
"Governing Body" means the City Council.
"Infrastructure Improvements" means a street, road, sidewalk, parking facility, pedestrian
mall, alley, bridge, sewer, sewage treatment plant, property designed to reduce, eliminate, or
prevent the spread of identified soil or groundwater contamination, drainage system, waterway,
waterline, water storage facility, rail line, utility line or pipeline, or other similar or related
structure or improvement, together with necessary easements for the structure or
improvement, for the benefit of or for the protection of the health, welfare, or safety of the
public generally.
"Municipality" any incorporated City in this state.
"Planning commission" means the city planning commission.
“Plan” means this Project Plan.
“Project Costs” " means any expenditure or monetary obligations by the City of Brookings,
whether made, estimated to be made, incurred or estimated to be incurred, which are listed in
Section 4.1. Project costs will include any costs incidental thereto but diminished by any
income, special assessments, or other revenues, other than tax increments, received, or
reasonably expected to be received, by the City of Brookings in connection with the
implementation of this Plan.
City of Brookings
Tax Increment Distinct Number Four
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“Project Description” means a public works project providing infrastructure to construct
affordable houses in Brookings.
“Project Plan” means the plan required by SDCL § 11-9-13.
"Public Works" means the acquisition by purchase or condemnation of real and personal
property within the tax incremental district and the sale, lease, or other disposition of such
property to private individuals, partnerships, corporations, or other entities at a price less than
the cost of such acquisition which benefit or further the health, safety, welfare and economic
development of the City.
"Taxable property" all real taxable property located in a tax incremental district;
"Tax increment valuation" is the total value of the tax incremental district minus the tax
incremental base pursuant to § 11-9-19.
"Tax Incremental District" or “TID” a contiguous geographic area within a City defined and
created by resolution of the governing body and named City of Brookings Tax Incremental
District Number Four;
“Tax Increment Law” means South Dakota Codified Laws Chapter 11-9.
{Remainder of Page Left Blank}
City of Brookings
Tax Increment Distinct Number Four
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Section 3. Tax Increment District Legal Description.
The real property to be located with in the Tax Increment District is shown in Diagram 1
below and legally described as:
Description: the east 610 feet of the west 1,110 feet of the south 640 feet of the
north 1,150 feet in the SE 1/4 of Section 35-T110N-R50W (unplatted land north of
Cardinal Drive in Hunter's Ridge Addition)
Diagram 1.
City of Brookings
Tax Increment Distinct Number Four
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Section 4. Listing of Kind, Number, Location and detailed costs of proposed
public works and improvements.
In order to implement the provisions of SDCL Chapter 11-9, the following are project costs
and expenditures made or estimated to be made and the monetary obligations incurred or
estimated to be incurred by the City. The Project costs includes capital costs, financing costs,
real property assembly costs, professional fee costs, imputed administration costs, relocation
costs, organizational costs and discretionary costs, plus any costs incidental thereto, diminished
by any income, special assessments, or other revenues, other than tax increments, received, or
reasonably expected to be received, by the City.
The City is working to develop an economic and competitive base to benefit the City and the
State as a whole. All the project costs are found to be necessary and convenient to the creation
of the tax incremental district and the implementation of the Tax Increment District. The
project constitutes a proper public purpose of the City. The City shall enter into all contracts in
accordance with South Dakota bid laws.
A. Costs of Public Works or Improvements
In accordance with SDCL 11-9-13(1) & (3) the following is the kind, number, location and
dollar amount of estimated project costs.
PROJECT COSTS LOCATION NUMBER
Capital Costs
Public Works $377,000 Public Right of
way
See
Schedule 1
Public Improvement
Buildings
Structures
Permanent Fixtures
Demolition of existing buildings
Alteration of Existing Buildings
Remodeling of existing buildings
Repair of existing buildings
Acquisition of equipment
Clearing and grading of land Public Right of
way
See
Schedule 1
Capitalized interest $77,000 Public Right of
way
See
Schedule 1
Financing Costs
Financial Advisor $6,500
Origination Fee $9,500
Reserve
Real Property Assembly
Professional service costs
City of Brookings
Tax Increment Distinct Number Four
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Architectural
Planning
Engineering
Legal $5,000
Services
Imputed administrative costs
Relocation Costs
Organizational costs
Environmental impact studies
Other studies
Informational meetings
Discretionary costs / Contingency
TOTAL $475,000
Any expenditure made beyond the fifth anniversary of the creation of the Tax Increment District
would require an amendment of this plan under SDCL §11-9-23.
Section 5. Detailed Project Costs.
Attached as Schedule 1 is a detailed list of estimated project costs. No expenditure for
project costs is provided for more than five years after the district is created.
Section 6. Fiscal Impact Statement.
Attached as Schedule 3 is the Fiscal Impact Statement on other taxing districts found within
the Tax Increment District, both until and after the bonds are repaid.
Section 7. Method of Financing, timing of costs and methods of payment.
Project costs shall be paid by the proceeds of tax incremental revenue bonds, notes or other
monetary obligation. There shall be no advances by the City. The City may reimburse for
employee time from the tax increments at the end of the plan after payment of all bonds.
Section 8. Maximum Amount of Note, Bond or other Monetary Obligation.
The maximum amount of bonded indebtedness shall depend on the anticipated revenues
from the tax increment and is anticipated not to exceed $475,000.00 or such lesser amount as
may be feasible with the estimated revenue generated by the Tax Increment District.
City of Brookings
Tax Increment Distinct Number Four
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Section 9. Duration of Tax Incremental Plan
The duration of the plan will extend to the number of years it will take for the retirement of
bonded indebtedness except that the plan duration shall not exceed 20 years from the date of
creation of the District.
Section 10. Estimated Impact of Tax Increment Financing on Revenues of
Taxing Jurisdictions
The site will generate taxes to the local jurisdictions at the current level of development on
the property. All taxing districts shall receive that base which will be the value set for 2008
taxable payable in 2009. The new tax revenues will be available to the taxing jurisdictions 20
years after the development is completed or earlier if the actual collections are greater than
anticipated. Schedule 3 details the tax capture implications to each of the local taxing
jurisdictions.
Section 11. The legal description of the eligible property is provided in
Attachment 1.
A general list of real property improvements subject to property tax at the site is listed in
Attachment 2.
Section 12. Statement of Displacement and Relocation.
No residents or families will be displaced by the project. There are no families or persons
residing on the premises. Therefore, no relocation plan is needed.
Section 13. Changes to the City of Brookings master plan, map, buildings codes
and City ordinances.
The City has made no changes in the master plan, map, building codes and City ordinances
as indicated on Attachment 3.
Section 14. List of Estimated Non-project Costs.
Developer Improvements Dollar Amount of Improvements
Non Project - Housing Improvements 32 affordable homes
City of Brookings
Tax Increment Distinct Number Four
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Section 15. Impact on School District.
The school districts will receive the taxes on the base value of the parcels within the District
and the taxes to be raised on the tax incremental value will be used to repay the bonds for the
project improvements for a maximum of a 20-year period. After the repayment of the bonds,
the school district will receive their proportionate share of tax dollars for the base value and the
tax incremental value.
The taxing entities located within the District may be required to raise an additional levy for
revenue loss from the formation of the District.
ATTACHMENTS
ATTACHMENT 1 Map and Legal Description and existing uses and conditions
ATTACHMENT 2 LIST of Real property Improvement and uses
ATTACHMENT 3 Map of proposed changes in zoning ordinances
LIST OF SCHEDULES
SCHEDULE 1 Detail of Project Costs
SCHEDULE 2 Estimated Captured Taxable Values
SCHEDULE 3 Revenues from Capturable Taxable Value by Local Jurisdiction
SCHEDULE 4 Schedule According to Agreement
City of Brookings
Tax Increment Distinct Number Four
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ATTACHMENT 1
Description: the east 610 feet of the west 1,110 feet of the south 640 feet of the
north 1,150 feet in the SE 1/4 of Section 35-T110N-R50W (unplatted land north of
Cardinal Drive in Hunter's Ridge Addition)
City of Brookings
Tax Increment Distinct Number Four
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MAP
City of Brookings
Tax Increment Distinct Number Four
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ATTACHMENT 2
(List of Real Property Improvements)
The real property improvements include:
Description Amount
Structures (32*$160,312.50)
Site Work & Improvements
5,130,000
475,000
TOTAL 5,605,000.00
The Improvements shall be located in the real property described in Attachment 1 and is the highest
and best use for the real property.
City of Brookings
Tax Increment Distinct Number Four
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ATTACHMENT 3
(ZONING CHANGES)
The following map indicates that there the property is currently zoned residential and that no zoning
changes will take place.
Property in gray is currently zoned R-2 and is not no changes to the zoning are required.
City of Brookings
Tax Increment Distinct Number Four
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SCHEDULE 1 – "DETAIL OF PROJECT COSTS"
Item
No.
Std. Bid
Item Item Description Approx Qty Unit Unit Bid Price Amount Bid
GRADING / STREET IMPROVEMENTS
1 9.0010 Mobilization 1 LS $20,000.00 $20,000.00
2 120.0010 Unclassified Excavation 3340 CY $4.50 $15,030.00
3 120.0100 Unclassified Excavation, Digouts 40 CY $4.50 $180.00
4 250.0020 Incidental Work, Grading 1 LS $2,500.00 $2,500.00
5 250.0040 Incidental Work, Utilities 1 LS $1,000.00 $1,000.00
6 120.0600 Contractor Furnished Borrow 3300 CY $8.00 $26,400.00
7 230.0010 Placing Topsoil 6450 CY $1.80 $11,610.00
8 230.0300 Salvage Topsoil 6450 CY $1.80 $11,610.00
9 260.1010 Base Course 1650 Ton $9.50 $15,675.00
10 320.1200 Asphalt Concrete Composite 950 Ton $56.00 $53,200.00
11 380.4010 6" PCC Fillet Section 50 SY $50.00 $2,500.00
12 650.7000 Concrete Curb & Gutter Type SF66 2300 LF $12.00 $27,600.00
13 650.8000 Concrete Valley Gutter 6" Thick 34 SY $60.00 $2,040.00
14 SPECIAL Silt Fence or Silt Ditch 730 LF $3.00 $2,190.00
15 730.0100 Cover Crop Seeding 8.0 Bu $150.00 $1,200.00
16 734.6001 Temporary Vehicle Tracking Control 1 Each $1,000.00 $1,000.00
17 734.6006 Concrete Washout Area 1 Each $400.00 $400.00
SANITARY IMPROVEMENTS
18 260.7010 Trench Stabilization Material 20 Ton 10.00$ $200.00
19 950.0102 8" Sanitary Sewer Pipe 8' to 10' Deep 622 LF 36.00$ $22,392.00
20 950.2000 8" Sanitary Sewer Pipe Bedding Material 622 LF 4.00$ $2,488.00
21 950.4002 48" Manhole 8'-10' Deep 2 Each 2,500.00$ $5,000.00
22 950.4802 8" Boots For Manhole 4 Each 113.00$ $452.00
23 SPECIAL Sanitary Service Excavating & Backfilling 1176 LF 12.00$ $14,112.00
24 950.4950
4" Sanitary Sewer Service & Bedding (24
Inline, 9 Exist Taps) 33 Each $125.00 $4,125.00
25 950.5100 Connection Into Existing Manhole 2 Each $400.00 $800.00
City of Brookings
Tax Increment Distinct Number Four
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26 950.5300 Manhole Frame and Cover 2 Each $425.00 $850.00
27 950.5600 Manhole Exfiltration\Vacuum Test 1 Each $350.00 $350.00
28 950.5610 Sanitary Sewer Exfiltration Testing 622 LF $1.20 $746.40
29 950.5620 PVC Sewer Pipe Deflection Test 622 LF $1.00 $622.00
WATER MAIN IMPROVEMENTS
30 SPECIAL Remove & Salvage Fire Hydrant to BMU 2 Each $500.00 $1,000.00
31 260.7010 Trench Stabilization 20 Ton $10.00 $200.00
32 900.0201 6" C900 DR 18 PVC Watermain 58 LF $22.00 $1,276.00
33 900.0202 8" C900 DR 18 PVC Watermain 1208 LF 27.00$ $32,616.00
34 SPECIAL
INSTALL CITY FURNISHED 6" MJ Gate
Valve with Box 4 Each 350.00$ $1,400.00
35 SPECIAL
INSTALL CITY FURNISHED 8" MJ Gate
Valve with Box 4 Each 350.00$ $1,400.00
36 SPECIAL
INSTALL CITY FURNISHED Fire Hydrant
3 Each 550.00$ $1,650.00
37 900.0402 8" MJ Elbow 11.25/22.5/45 Degree 2 Each $300.00 $600.00
38 900.0501 6" MJ Elbow 11.25/22.5/45 Degree 2 Each $280.00 $560.00
39 900.0450 8" x 8" MJ Tee 2 Each $400.00 $800.00
40 900.0502 8" x 6" MJ Tee 1 Each $325.00 $325.00
41 900.0600 Water Service Excavating & Backfilling 1208 LF $11.00 $13,288.00
42 SPECIAL
City Water Tapping Fees and
Corporations for Services 58 Each $145.00 $8,410.00
43 SPECIAL
Water Services & Bedding (1" Copper
Tubing, Curb Stop, & Barrel) 33 Each $300.00 $9,900.00
44 900.0708 Connect To Existing Watermain 2 Each $500.00 $1,000.00
45 900.0802 8" x 6" MJ Reducer 4 Each $250.00 $1,000.00
46 950.5410 Manhole Construction Plate Marker 2 Each $125.00 $250.00
47 900.8001 6" Watermain Bedding Material 58 LF $3.00 $174.00
48 900.8002 8" Watermain Bedding Material 1208 LF $3.00 $3,624.00
TOTAL GROSS BASE BID $325,745.40
Plus $51,254.60 Contingency $377,000.00
32 $160,312.50 Residential Housing Units 5,130,000.00
City of Brookings
Tax Increment Distinct Number Four
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Sources of Funds
First Bank and Trust $475,000
Total Sources $475,000
Uses of Funds
Public Improvements
Grading / Street Improvements $218,500
Sanitary Improvements $58,500
Water Main Improvements $100,000
Financing Costs
Capitalized Interest $77,000
Bank Origination Fee 2%$9,500
Legal Estimated $5,000
Advisor $6,500
Total Uses $475,000
Sources and Uses
City of Brookings
Tax Increment Distinct Number Four
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SCHEDULE 2
???Construction YearValuation YearRevenue YearValuation IncrementCity Mill RateSchool Mill RateCounty Mill RateTotal Mill RateTotal Increment 100% Assessed ValuationTotal Increment for Debt Service2009 2010 20112,250,000.00$ 2.61 10.77 4.86 18.24 41,040.00$ 41,040.00$ 2010 2011 20122,880,000.00$ 2.61 10.77 4.86 18.24 52,531.20$ 93,571.20$ 2011 2012 2013-$ 2.61 10.77 4.86 18.24 -$ 93,571.20$ 2012 2013 2014-$ 2.61 10.77 4.86 18.24 -$ 93,571.20$ 2013 2014 2015-$ 2.61 10.77 4.86 18.24 -$ 93,571.20$ 2014 2015 2016-$ 2.61 10.77 4.86 18.24 -$ 93,571.20$ 2015 2016 2017-$ 2.61 10.77 4.86 18.24 -$ 93,571.20$ 2016 2017 2018-$ 2.61 10.77 4.86 18.24 -$ 93,571.20$ 2017 2018 2019-$ 2.61 10.77 4.86 18.24 -$ 93,571.20$ 2018 2019 2020-$ 2019 2020 2021-$ 2020 2021 2022-$ 2021 2022 2023-$ 2022 2023 2024-$ 2023 2024 2025-$ 2024 2025 2026-$ 2025 2026 2027-$ 2026 2027 2028-$ 2027 2028 2029-$ 2028 2029 2030-$ 5,130,000.00$ 789,609.60$ Present Value of Revenue Stream 6.00% 540,384.48$ Tax Increment District #4Base ValueOwner Occupied Payable in 2008
Estimated Base Value???Construction YearValuation YearRevenue YearValuation IncrementSchool Mill Rate*Yearly School ImpactCumulative ImpactPresent Value at 6%County Mill RateYearly County ImpactCumulative ImpactPresent Value at 6%2009 2010 20112,250,000.00$ 3.30 7,425.00$ 7,425.00$ 6,449.72$ 4.86 10,935.00$ 10,935.00$ 9,498.67$ 2010 2011 20122,880,000.00$ 3.30 9,504.00$ 16,929.00$ 13,872.97$ 4.86 13,996.80$ 24,931.80$ 20,431.11$ 2011 2012 2013-$ 3.30 -$ 16,929.00$ 13,087.71$ 4.86 -$ 24,931.80$ 19,274.63$ 2012 2013 2014-$ 3.30 -$ 16,929.00$ 12,346.90$ 4.86 -$ 24,931.80$ 18,183.61$ 2013 2014 2015-$ 3.30 -$ 16,929.00$ 11,648.02$ 4.86 -$ 24,931.80$ 17,154.35$ 2014 2015 2016-$ 3.30 -$ 16,929.00$ 10,988.70$ 4.86 -$ 24,931.80$ 16,183.35$ 2015 2016 2017-$ 3.30 -$ 16,929.00$ 10,366.69$ 4.86 -$ 24,931.80$ 15,267.31$ 2016 2017 2018-$ 3.30 -$ 16,929.00$ 9,779.90$ 4.86 -$ 24,931.80$ 14,403.13$ 2017 2018 2019-$ 3.30 -$ 16,929.00$ 9,226.32$ 4.86 -$ 24,931.80$ 13,587.85$ 2018 2019 2020 -$ -$ -$ -$ 2019 2020 2021 -$ -$ -$ -$ 2020 2021 2022 -$ -$ -$ -$ 2021 2022 2023 -$ -$ -$ -$ 2022 2023 2024 -$ -$ -$ -$ 2023 2024 2025 -$ -$ -$ -$ 2024 2025 2026 -$ -$ -$ -$ 2025 2026 2027 -$ -$ -$ -$ 2026 2027 2028 -$ -$ -$ -$ 5,130,000.00$ 142,857.00$ 97,766.93$ 210,389.40$ 143,984.02$** The school impact is calculated by the following: $3.00 for Capital Outlay $.30 for PensionTax Increment District #4 - Impact on Local Jurisdictions* Note the full school levy is 10.77, but will only realize an impact of 3.40 per $1,000 of valuation. The difference is made up by levying the amount on the districts tax payers
Valuation Multiplier Value for General Levy Calc
Ag Value $91,755,877 1.00000 $91,755,877
NA-Z Value $2,739,032 1.36900 $3,749,735
OO Value $541,990,215 1.57200 $852,008,618
Other Value $344,962,755 3.36160 $1,159,626,797
Utility Value $9,776,365 3.36160 $32,864,229
Total $991,224,244 $2,140,005,256
$2,250,000
Owner Occupied Levy $4.26
Base Impact $9,585
Tax Impact Per $1,000 $0.0045
Type of Value Taxable Value Multiplier Tax Impact
Taxable Value / 1000 x Multiplier
Ag Value $150,000 1.00000 $0.67
NA-Z Value $150,000 1.36900 $0.92
OO Value $150,000 1.57200 $1.06
Other Value $150,000 3.36160 $2.26
Utility Value $150,000 3.36160 $2.26
$1,050,000
Spec. Ed Levy $1.40
Base Impact $3,150
Tax Impact per $1,000 $0.00318
Type of Value Taxable Value Multiplier Tax Impact
Taxable Value / 1000 x Multiplier
Ag Value $150,000 1.00000 $0.48
NA-Z Value $150,000 1.00000 $0.48
OO Value $150,000 1.00000 $0.48
Other Value $150,000 1.00000 $0.48
Utility Value $150,000 1.00000 $0.48
Type of Value Taxable Value Tax Impact
Ag Value $150,000 $1.15
NA-Z Value $150,000 $1.40
OO Value $150,000 $1.53
Other Value $150,000 $2.74
Utility Value $150,000 $2.74
Special Education Levy
Amount of Valuation
Increase
Property Tax Impact for Special ED
Total Property Tax Impact for Blair Hill Property TIF
TIF Increment Multiplier Calculation
Property Tax Impact
Brookings School Valuation
Calculation of TIF Increment / Impact
State of South Dakota - Payable 2008
Amount of Valuation
Increase Max amt set by State of SD is
4.26 on OO
This amount is set by
the Legislature every
year
City of Brookings
Tax Increment Distinct Number Four
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SCHEDULE 3-FISCAL IMPACT STATEMENT
Fiscal Impact Statements
Tax Increment District Number Four
Introduction
The fiscal impact statement is intended to provide a succinct analysis of the estimated impact of the
Tax Increment District to the public pursuant to SDCL § 11-9-13(4). It is not intended to rival the level of
detail required by a detailed financial analysis.
Fiscal Impact Statement
A fiscal impact statement shows the impact of the tax increment district, both until and after the
bonds or obligations are repaid, upon all entities levying taxes upon property in the district.
Definitions
“Fiscal Impact” means the increase or decrease in revenues and generally refers to an impact to
revenues caused by the district.
“Revenue” means ad valorem taxes.
“Assumptions” means factors or definitions used in the fiscal analysis. Assumptions may include
facts and figures identified by the District and educated guesses that are sometimes necessary when not
all of the information is available. Assumptions are often used to extrapolate an estimate. Assumptions
may include an estimate of tax levies of each taxing entity, the school aid formula contribution, the value
of the real property, etc.
Assumptions:
1. The property will have improvements which at completion will be valued for taxable purposes
estimated to be $5,130,000.
2. The maximum tax levy of all taxing districts will be $25.00 per thousand dollars of taxable
valuation.
3. Tax increment will start to be collected in 2011 for a maximum of 18 years.
City of Brookings
Tax Increment Distinct Number Four
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4. This is the amount of tax increment that could be derived from the district. A estimated
maximum dollars per thousand was used for each taxing district.
Estimate
Taxing Entity
Dollars
Per thousand Yearly
City of Brookings $ 5.13 $26,317 136,190
Brookings County $ 2.74 $14,056 72,741
Brookings School District $ 17.13 $87,879 454,765
TOTAL $ 25.00 $128,250 663,696
After the termination of the District, the taxing entities will receive all tax increment as part of their
general levy tax collections.
City of Brookings
Tax Increment Distinct Number Four
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SCHEDULE 4
ECONOMIC FEASIBILITY STUDY
TAX INCREMENT FINANCING
FEASIBILITY STUDY
AND
BLIGHT STUDY
City of Brookings, South Dakota
Feasibility Study
INTRODUCTION
A Housing District is proposed in Tax Increment District Number Four (the “TID FOUR”) at a
site located in the south west portion of the City of Brookings described in the tax increment financing
proposal submitted by Developer to the Brookings City Council.
The development of the TID FOUR is development of affordable housing units, and without
the City’s financial participation and support, the TID FOUR could not be constructed. An essential
component of the City’s participation is City funding for the construction of public sewer, water, road
and other infrastructure improvements (“Project Costs”) needed to support the Project (or any other
comprehensive development of the site), total project costs to complete the entire project is
estimated to exceed $5,130,000. The project will not exceed $475,000 to construct the public works.
No portion of the tax increment district revenues shall be used to construct housing units as described
in SDCL 11-9.
The City has made it clear that City funding for these public improvements must be supported
by the tax revenues generated by the Project, and not by the general revenues of the City. The vehicle
through which this can be accomplished is “tax increment financing” under the South Dakota Tax
Incremental District Law (South Dakota Codified Laws Chapter 11-9). Tax increment financing is an
indispensable self-financing tool used throughout the United States to help local governments
successfully develop and redevelop areas and encourage economic development.
In tax increment financing, the current real property tax assessed value of all properties in a
designated project area (“tax increment financing district”) is established as the “base value.” As
development in the tax increment financing district increases the assessed values of the redeveloped
properties, a portion of the additional tax revenue generated by the increase in assessed value over
the base value is set aside and committed by the City for debt service on tax increment bonds, the
proceeds of which would be used for the acquisition or construction of the Project Costs.
Tax increment financing is permitted only in connection with a “project plan” duly adopted by
the City. The process is set forth in the Tax Increment District Law, and is generally as follows:
Any person may request the City Council to designate a tax increment financing
district. The request may be through a formal application process, or a presentation to
the City Council. Upon receiving any request, the City Council determines preliminary
feasibility of the project. This preliminary feasibility determination includes fiscal,
legal and political considerations.
If it is determined feasible, the City Council directs staff or the planning commission to
initiate the process. The planning commission then sets a proposed hearing date and
starts the notice procedure.
City of Brookings
Tax Increment Distinct Number Four
24
Notice of the intent to create a tax increment district is published and sent to all
taxing districts not less than 10 days prior to the hearing.
The planning commission holds a hearing and allows members of the general public to
comment upon the proposed creation of a tax increment district. At the end of the
hearing, the planning commission may recommend the creation of the tax increment
district to the City Council.
The City Council places the recommendation on the agenda and at the public meeting
may pass a resolution to create the tax increment district in accordance with the Tax
Increment District Law. The resolution is published and becomes effective on the 21 st
day after publication, unless it is referred to a vote of the electors.
After the resolution becomes effective, the Department of Revenue of the State of
South Dakota is sent a letter requesting to determine the base.
Once the base is determined, a tax increment project plan is prepared by or at the
direction of the planning commission, approved and forwarded to the City Council for
their determination.
Once the project plan is approved by the City Council, the City has five years to spend
tax increment revenues or bond proceeds on or for project costs.
After the project plan is approved, the City Council is authorized to issue by resolution
tax increment bonds “for the purpose of carrying out or administering a project plan”.
The resolution would irrevocably pledge its tax increment revenues to the debt service
on the City’s tax increment bonds. (See Tax Increment District Law Section 11-9-37).
The Developer has requested that the City issue tax increment bonds in the amount necessary to
cover the costs of construction of the public improvements, infrastructure and road and bond
issuance and related financing costs (including capitalized interest and a reserve fund), currently
estimated to total approximately $475,000.
City of Brookings
Tax Increment Distinct Number Four
25
Feasibility Study
The following study indicates the project is feasible.
Assumption:
1. Housing construction Projections attached.
2. Dollars per thousand levy = $18.24 per $1000 of assessed valuation.
3. Duration = not to exceed 20 years from creation of the district
4. Interest rate = 7.50%.
5. Capitalized interest period < 36 months.
6. Tax increment collection beginning in year 2011.
Tax Increment Revenue Note1st NoteLMI House LotsTIF Note is assumed to be gross funded Current Valuation$0TIF Revenue84,214$ Note Date:10/01/08Valuation is assessed at 90%Total Developed Valuation5,130,000$ Semi Annual Revenue42,107$ Note Rate:7.50%Increment Value$5,130,000Par Amount $475,000Percent of Value90.00%Net Proceeds $397,813Adjusted Valuation$4,617,000Mill Levy0.01824Loan Semi-Annual PV ToSemi-Annual Capitalized Balance Cap Coverage @ Excess Net Tax Work 10/01/08 Semi-AnnualDate Principle Interest P & I Net Revenue Interest Outstanding Interest 1.00x Coverage Increment Interest 7.50% Periods475,000.0012/01/080.00 0.00 0.00 0.00 5,937.50 475,000.00 5,937.500.000.000.005,938 0 0.3306/01/09 0.00 0.00 0.00 0.00 17,812.50 475,000.00 17,812.500.000.000.0017,813 0 1.3312/01/09 0.00 0.00 0.00 0.00 17,812.50 475,000.00 17,812.500.000.000.0017,813 0 2.3306/01/10 0.00 0.00 0.00 0.00 17,812.50 475,000.00 17,812.500.000.000.0017,813 0 3.3312/01/10 0.00 0.00 0.00 0.00 17,812.50 475,000.00 17,812.500.000.000.0017,813 0 4.3306/01/11 655.50 17,812.50 18,468.00 18,468.00 0.00 474,344.50 0.00 18,468.00 0.0018,468.0017,813 15,176 5.3312/01/11 680.08 17,787.92 18,468.00 18,468.00 0.00 473,664.42 0.00 18,468.00 0.0018,468.0017,788 14,627 6.3306/01/12 24,344.62 17,762.42 42,107.04 42,107.04 0.00 449,319.80 0.00 42,107.04 0.0042,107.0417,762 32,145 7.3312/01/12 25,257.55 16,849.49 42,107.04 42,107.04 0.00 424,062.25 0.00 42,107.04 0.0042,107.0416,849 30,983 8.3306/01/13 26,204.71 15,902.33 42,107.04 42,107.04 0.00 397,857.54 0.00 42,107.04 0.0042,107.0415,902 29,863 9.3312/01/13 27,187.38 14,919.66 42,107.04 42,107.04 0.00 370,670.16 0.00 42,107.04 0.0042,107.0414,920 28,784 10.3306/01/14 28,206.91 13,900.13 42,107.04 42,107.04 0.00 342,463.25 0.00 42,107.04 0.0042,107.0413,900 27,743 11.3312/01/14 29,264.67 12,842.37 42,107.04 42,107.04 0.00 313,198.58 0.00 42,107.04 0.0042,107.0412,842 26,740 12.3306/01/15 30,362.09 11,744.95 42,107.04 42,107.04 0.00 282,836.49 0.00 42,107.04 0.0042,107.0411,745 25,774 13.3312/01/15 31,500.67 10,606.37 42,107.04 42,107.04 0.00 251,335.82 0.00 42,107.04 0.0042,107.0410,606 24,842 14.3306/01/16 32,681.95 9,425.09 42,107.04 42,107.04 0.00 218,653.87 0.00 42,107.04 0.0042,107.049,425 23,944 15.3312/01/16 33,907.52 8,199.52 42,107.04 42,107.04 0.00 184,746.35 0.00 42,107.04 0.0042,107.048,200 23,079 16.3306/01/17 35,179.05 6,927.99 42,107.04 42,107.04 0.00 149,567.30 0.00 42,107.04 0.0042,107.046,928 22,245 17.3312/01/17 36,498.27 5,608.77 42,107.04 42,107.04 0.00 113,069.03 0.00 42,107.04 0.0042,107.045,609 21,441 18.3306/01/18 37,866.95 4,240.09 42,107.04 42,107.04 0.00 75,202.08 0.00 42,107.04 0.0042,107.044,240 20,666 19.3312/01/18 39,286.96 2,820.08 42,107.04 42,107.04 0.00 35,915.12 0.00 42,107.04 0.0042,107.042,820 19,919 20.3306/01/19 35,915.12 1,346.82 37,261.94 37,261.94 0.00 0.00 0.00 42,107.04 0.0042,107.041,347 19,199 21.3312/01/19 0.00 0.00 0.00 0.00 0.00 0.00 0.00 42,107.04 0.0042,107.040 18,505 22.3306/01/20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 42,107.04 0.0042,107.040 17,836 23.33475,000.00 188,696.50 663,696.50 663,696.50 77,187.50 77,187.50 1,468,575.36 0.00 1,468,575.36 265,884 664,767City of BrookingsTax Increment Financing District Seiler AdditionWORK COLUMNSNOTE AMORTIZATION REVENUE BREAKDOWNNorthland Securities, Inc. - 8/20/2008 at 9:13 AMTIF Analysis 081608 - 10 yrs
City of Brookings
Tax Increment Distinct Number Four
26
BLIGHT STUDY
This section presents an analysis of existing buildings, or lack thereof, and lot conditions within the
proposed development project area (the “Study Area”). The Study Area is depicted in Attachment 1
“Proposed Tax Increment District Project Area Boundary”. The development project proposed for the
Study Area is the TID FOUR, which consists of approximately 16.1 acres or 701,500 square feet of
potential residential development. In order to provide economic development by providing affordable
residential lots, tax increment bonds are proposed to issued by the City to fund the certain public
project costs and cause construction of the land preparation, infrastructure, sewer, water and other
improvements required to sustain the TID FOUR. No portion of the proceeds of the tax increment bonds
will be used to construct or rehabilitate residential housing units.
The proposed development project is being considered in accordance with the provisions of the Tax
Increment District Law, which grants municipalities the power to redevelop blighted areas or cause
them to be redeveloped by private parties, and fund the costs of public improvements through the
issuance of tax increment bonds and/or notes.
Blight is a legally defined term and is found in the Tax Increment District Law Sections 11-9-9 through
11-9-11.
Any area, including slum area, in which the structures, buildings, or improvements, by reason of:
(1) Dilapidation, age, or obsolescence;
(2) Inadequate provisions for ventilation, light, air, sanitation, or open spaces.
(3) High density of population and overcrowding;
(4) The existence of conditions which endanger life or property by fire and other
causes; or
(5) Any combination of such factors;
are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime,
and which is detrimental to the public health, safety, morals, or welfare, is a blighted area.
Any area which by reason of:
(1) The presence of a substantial number of substandard, slum, deteriorated, or deteriorating
structures;
(2) Predominance of defective or inadequate street layouts;
(3) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
(4) Insanitary or unsafe conditions;
(5) Deterioration of site or other improvements;
(6) Diversity of ownership, tax, or special assessment delinquency exceeding the fair value of the
land;
(7) Defective or unusual conditions of title;
(8) The existence of conditions which endanger life or property by fire and other causes; or
(9) Any combination of such factors;
City of Brookings
Tax Increment Distinct Number Four
27
substantially impairs or arrests the sound growth of a municipality, retards the provision of housing
accommodations, or constitutes an economic or social liability and is a menace to the public health,
safety, morals, or welfare in its present condition and use, is a blighted area.
The site has no street layout, lack of sewer, lack of storm sewer, impairs sound growth and retards
housing accommodation.
Any area which is predominantly open and which because of obsolete platting, diversity of
ownership, deterioration of structures or of site improvements, or otherwise, substantially
impairs or arrests the sound growth of a municipality, is a blighted area.
This study: (1) surveys and analyzes the Study Area to determine if it is blighted within the meaning of
the Tax Increment District Law; and (2) assesses the feasibility of conducting a development project
(which is proposed to be the TID FOUR) in the Study Area in accordance with Tax Increment District Law.
Field inspections of the Study Area were conducted in 2008. In addition, aerial photographs and City
land use and property data were reviewed, and building and site conditions, existing land uses, including
under-utilization of land, parcel sizes and configurations, and other factors which may contribute to
blighting were analyzed.
The following conditions were observed in the Study Area:
1) lack of water mains and fire protection;
2) faulty lot layout in relation to its size, adequacy, accessibility and usefulness;
3) inadequate streets and street access;
4) underutilized parcel; and,
5) incidence of significant deterioration or entire lack of public infrastructure including
roads, sidewalks, curbs and storm drainage. The detailed results of the survey are presented
below.
City of Brookings
Tax Increment Distinct Number Four
28
Existing Conditions
Background and Definition of the Study Area
The Study Area boundary, as shown in Exhibit 1, “Proposed Tax Increment District Project Area
Boundary,” was drawn to include the TID FOUR sites, and other properties likely to benefit directly and
indirectly, from the public improvements proposed to be made in the Study Area. It was observed that
other surrounding areas were not served by public services which due to the density, there exists risk to
life and property by fire.
The boundary of the Study Area encompasses all tax parcels within the boundary described
generally as follows:
The boundary starts at a point which is formed by the northern, western, southern, and eastern
boundaries as shown hereafter.
Existing Land Use
The Study Area comprises a total of approximately 20 acres, and contains bare ground. Even though
the area is in the City limits, there are no city services. In addition, the area abuts another development
which was developed without adequate city services. There exists lack of sanitation which is conducive
to ill health, transmission of disease, infant mortality, and which is detrimental to the public health,
safety.
Vacant and Underutilized Properties
The entire district is vacant and underutilized.
Public Improvements
The existing infrastructure systems in the Study Area, including the water mains and combined
storm and sanitary sewer lines are obsolete and inadequate for any comprehensive development
program. The area suffers from lack of all services.
CONCLUSIONS
The Study Area is a blighted area under the criteria set forth in the Tax Increment District Law,
and the existing conditions warrant the preparation by the City of a plan for a development project in
the Study Area.
City Council Packet
September 9, 2008
209
Other Business.
16. Discussion and possible action regarding Den-Wil Tax
Increment Assistance Request.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Request for tax increment expenditures in TID #1
The City has received a request to use tax increment expenditures for public
improvements within Tax Increment District #1 associated with the Den-Wil mixed use
project. TID #1 was established by the City in 2007 and includes the SDSU Innovation
Campus as well as substantial amount of developed and undeveloped property south
toward 6th Street. (See attached map of TID #1) The increment requested would be
generated by the increase in property value from the Den-Wil project. The stated
public purpose of the creation of this tax increment district was to pay for
infrastructure improvements of the SDSU Innovation Campus. It was anticipated
increment would be generated from new development both inside and outside the
Innovation Campus.
The purpose of this memo is to provide background information and to suggest a
“conceptual” solution in order to keep the project progressing. Final approval is not
contemplated with this memo. Details need further analysis but the developer and staff
are asking the Council for some policy direction on some aspects of this project so
resources can be expended wisely in accordance with your policy directives.
The following discussion provides information about the project and related issues as a
means of working toward a final resolution that will accomplish the private and public
goals of this project.
Description of Den-Wil Project:
The project is McCrory Village, a mixed use residential and commercial located just
south of the Innovation Campus on the north side of 10th Street between 22nd Avenue
and the proposed right-of-way for the future 25th Avenue. The legal description is Lot
6, Block 1, Telkamp Addition. A plat map is attached. Phase I includes a three story
structure with 120+ upscale apartments on three floors and approximately 5,000 square
feet of commercial space on the first floor. The property is being re-zoned for this
intended use. Phase II will be directly across the street on the south side of 10th Street
and would be built at a time yet to be determined. Phase II is envisioned as additional
mixed use for residential and commercial use but with a higher percentage dedicated to
retail use. The developer has installed utilities in 10th Street and needs to yet install the
street, curb and gutter easterly to the end of their property. The estimated
construction cost of the Phase I building is $10.1 million.
City Council Packet
September 9, 2008
210
Other needed improvements:
In order for the project to be complete, there are several other improvements that
need to be undertaken. In addition to the street completion of 10th Street which the
developer is doing, the right-of-way for future 25th Avenue needs to be dedicated from
9th Street to the SDSU Innovation Campus. Where 25th intersects with 10th, we are
envisioning a continuous street. Where 25th north of 10th goes to the Innovation
Campus, this right-of-way would be for emergency vehicles, possibly delivery vehicles,
but primarily it would be a pedestrian/bicycle “plaza” connecting McCrory Village and
existing commercial and residential development to the south with the Innovation
Campus. This dedicated right-of-way for 25th Avenue is a component of the City’s
master street plan and would be advantageous to encouraging development on the
remaining 25 acres of farmland east of this area to Interstate 29 right-of-way.
Other associated improvements would be the installation of water, sanitary sewer,
storm drainage, street surface, curb and gutter, streetlights, sidewalks, landscaping, and
signage on 10th Street and 25th Avenue from 9th Street to the Innovation Campus.
Estimated costs of public improvements:
The following are estimated costs of the needed public improvements that could be
financed by tax increment generated from this project if the Council so desires. Please
be advised that any increment spent on these described improvements diminishes the
amount of increment available for infrastructure in the Innovation Campus. That price
tag for completing Phases II-IV is $3.8 million in today’s dollars for the Innovation
Campus. Phase I is currently under construction and is being financed by the Growth
Partnership.
These are very preliminary cost estimates for discussion only and have not yet been
adequately analyzed by qualified engineers.
Acquisition of right-of-way for future 25th Avenue $383,737
Installation of infrastructure in 25th, connection to 10th $300,000
Lighting $175,000
Landscaping $100,000
Sidewalks, pedestrian ‘plaza’ to Innovation Campus $120,000
Total $1,078,737
Increment generated by McCrory Village project:
As the above list constitutes the “uses” of revenue, the “sources” of revenue is the
amount of tax increment generated by this project that could be available to pay for
them. According to the developer’s financial advisor, after the discretionary formula is
applied to the property taxes, Phase I will generate $118,495 annually to service this
debt. If the project begins construction immediately, the first increment will not be
available until 2011 and this full amount ($118,495) will not be available until 2014
because of the discretionary formula. This calculation, however, has not yet been
independently verified by City’s financial advisor, which will have to be done.
City Council Packet
September 9, 2008
211
Financing of the improvements:
Since the improvements will need to be installed at the beginning of the project, and
since tax increment is available in annual payments over time, the City will need to
finance these costs up-front either through cash or the issuance of debt. Annual
increment generated through new tax growth will be used to retire the debt or repay
the cash outlay.
Diversion of use of increment:
As you know, TID #1 was established for the purpose of generating increment to pay
for infrastructure in the Innovation Campus. Phase I is being financed by the Growth
Partnership but Goal #3 from the City’s Strategic Plan is to finance the subsequent
infrastructure phases for the Innovation Campus. The TID district was intentionally
made larger than the boundaries of the Innovation Campus for the explicit purpose of
capturing increment over a larger area to help accelerate the available increment to pay
for the infrastructure.
In a memo to you dated June 3, 2008, I outlined the specifics of the financing plan we are
proceeding with as a means of executing this goal. That memo also predicted a private
development may wish to use generated increment to pay for associated public
improvements. McCrory Village is that project. A policy decision will need to be made
as to how much increment you wish to divert from the Innovation Campus
infrastructure to pay for infrastructure associated with 25th Avenue and 10th Street for
the proposed McCrory Village project.
I believe a strong case can be made for using some of the increment for the McCrory
Village project as opposed the Innovation Campus infrastructure. First, McCrory Village
is an imminent project that could help “jump-start” private development in the
Innovation Campus which is more long-range. Second, it will also address a housing goal
for this style of apartments as identified in our housing plan. Third, it will encourage
retail development in areas on both sides of 25th Avenue and 10th Street. Fourth, it
completes a goal of installing 25th Avenue as a major street transportation system
identified in our master plan. What’s more, any new development that occurs in the
district generates more increment that can be used toward the Innovation Campus
infrastructure.
Project plan needs to be prepared:
Tax Increment District #1 needs to have a project plan written and filed with the state
and county. The last official action taken was the establishment of the district. The
project plan needs to delineate the work to be completed with the generated
increment. As a reminder, the infrastructure must be completed within five years of
certification of the district and in accordance with the project plan but increment can be
captured for 20 years.
“Remnant” outlot created by street alignment:
City Council Packet
September 9, 2008
212
To complicate the issue further, the alignment of the proposed North 25th Avenue as it
enters the Innovation Campus creates an outlot .94 acre in size between the right-of-
way for this street and the east edge of the McCrory Village project. As a condition of
dedicating the right-of-way, the owner wants to sell this lot. We have an interest in
acquiring approximately one-third of this parcel as BMU-Swiftel would like to locate a
switch building at this location. The balance of the lot remains available for a small
commercial development, parking, or open space. At the time of writing this memo, a
price has not yet been established by the owner.
Analysis of expenditures financed by TIF proceeds:
While the above itemized cost estimates totaling $1,078,737 are permitted as TIF
expenditures under state law, the question becomes how much does the City was to
use for this project that would not go toward the Innovation Campus; and which of
these items the City desires to finance. The primary item of concern is the purchase of
right-of-way for the future 25th Avenue. As a matter of policy, the City has required
developers to dedicate the necessary right-of-way for their respective project and has
not purchased it. The reason being is that such right-of-way is necessary for the success
of the project and ultimately benefits the project. This is the position I put forth to the
developer and have advocated a position the City not pay for the right-of-way
associated with the extension of 10th Street and 25th Avenue South to connect to 9th
Street. However, I did suggest that City may be interested in purchasing the area
associated with 25th Avenue NORTH of 10th Street as the connection to the Innovation
Campus. Since this corridor would also serve as a pedestrian and bikeway connection
to the Innovation Campus, I suggested the City may wish to consider purchasing this
parcel, again depending upon the price. Related to this is, of course, the “outlot” parcel
described above. Since BMU-Swiftel is interested in a small piece of this parcel, and the
balance could be re-sold, the final dispensation of this parcel is problematic and its
resolution needs to be part of the solution.
The other expenses are all public improvements and I would suggest they be financed all
or in part with increment.
If the City does not use increment for the right-of-way acquisition for 25th Street as
listed above, and does use increment to finance the other improvements, the cost drops
to $695,000 plus a yet-to-be determined amount for the all or any portion of the outlot
and the area north for the connection to the Innovation Campus.
Possible solution to the right-of-way acquisition cost:
The developer has suggested a financing mechanism called “cost recovery” for the right-
of-way. This method provides for the developer paying the cost of right-of-way
acquisition for 25th Avenue between 9th and 10th, as well as the extension of 10th, and
then filing a “cost recovery” against adjacent, benefiting property owners. When said
property develops, that new project developer will reimburse the original developer the
pro rata share of the cost as measured against the benefitting parcel; generally on a
linear foot basis. It is basically a system of allowing a private party to assess their
neighbor for improvements and provides for equity to property that benefits from
City Council Packet
September 9, 2008
213
shared infrastructure when development is expected to occur at different times. This is
permitted under SDCL 9-43 to 9-49.
Policy considerations:
The policy questions before us are:
1) Does the City want to use any increment for the McCrory Village
project?
2) If yes, to what level and for what expenditures?
3) At what financial level is the City interested in using TIF proceeds to
acquire the outlot parcel and the connection lot to the Innovation
Campus knowing some of this has value to BMU-Swiftel; and the balance
could be re-sold?
Obviously, the answers to these questions are somewhat dependent upon how much
increment is generated to pay for them which is projected above but needs more
analysis for a quantitative answer.
I would like some policy direction from the City Council as to conceptual support for
this proposal so I know which direction you would like to proceed.
Action: Motion to approve, Request Public Comment, Roll Call
City Manager Recommendation – Approve
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City Council Packet
September 9, 2008
217
Executive Session
17. Executive Session for consulting with legal counsel or
reviewing communications from legal counsel about
contractual matters.
SDCL 1-25-2. Executive or closed meetings.
Executive or closed meetings may be held for the sole purpose of:
1. Discussing the qualifications, competence, performance, character or fitness
of any public officer or employee or prospective public officer or employee.
The term “employee” does not include any independent contractors;
2. Discussing the expulsion, suspension, discipline, assignment of or the
educational program of a student;
3. Consulting with legal counsel or reviewing communications from legal
counsel about proposed or pending litigation or contractual matters;
4. Discussing marketing or pricing strategies by a board or commission of a
business owned by the state or any of its political subdivisions, where public
discussions would be harmful to the competitive position of the business.
However, any official action concerning such matters shall be made at an open official
meeting. An executive or closed meeting shall be held only upon a majority vote of the
members of such body present and voting, and discussion during the closed meeting is
restricted to the purpose specified in the closure motion. Nothing in 1-25-1 or this
section may be construed to prevent an executive or closed meeting if the federal or
state Constitution or the federal or state statutes require or permit it. A violation of
this section is a Class 2 misdemeanor.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
City Council Packet
September 9, 2008
218
Other Business.
18. Tabled Resolution No. 67-08, a Resolution Authorizing
the Transfer of Real Property to Brookings Economic
Development Corporation, Inc. for Economic
Development Purposes.
Action on Resolution No. 67-08 was tabled on August 26th. Action to
remove the item from the table would be required.
Resolution No. 67-08 – Real Property Transfer. A motion was made by
Brunner, seconded by Reed, to table Resolution No. 67-08, a Resolution
Authorizing the Transfer of Real Property to Brookings Economic Development
Corporation, Inc. for Economic Development Purposes. All present voted yes;
motion to table carried.
Motion to remove from the table, request public comment, roll call
City Council Packet
September 9, 2008
219
Resolution No. 67-08
A Resolution Authorizing the Transfer of Real Property to Brookings Economic
Development Corporation, Inc. for Economic Development Purposes
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as follows:
WHEREAS, the Brookings Economic Development Corporation, Inc. desires to purchase two
parcels of real property, one approximately 6 acres and a second approximately 7 acres,
located in Telkamp Addition or the Freeland Addition to the City of Brookings, South Dakota,
for the price of zero dollars ($0) per acre, and
WHEREAS, for the express purpose of furthering economic growth and development of the
City of Brookings, South Dakota the Brookings Economic Development Corporation, Inc.
agrees to sell, convey or otherwise transfer said property to a legal entity which is, or will be,
conducting business in the City of Brookings, South Dakota, and
WHEREAS, it is in the best interests of the City of Brookings that the City provide its
economic development assistance in this matter to aid and assist with the completion of the
aforesaid transaction which will further economic development in the City of Brookings; and
WHEREAS, the City is authorized to enter into this transaction as an economic development
activity under the laws of the State of South Dakota;
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Brookings,
South Dakota, as follows:
A. That the City convey title to the above-described property to the Brookings
Economic Development Corporation, Inc. for the purposes of furthering
economic growth and development of the City of Brookings, South Dakota; and
B. That the Mayor, City Clerk and City Manager are authorized to execute the
required documents in accordance with this Resolution.
Passed and approved on the 9th day of September, 2008.
CITY OF BROOKINGS
________________________
Scott D. Munsterman, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
September 9, 2008
220
19. Adjourn.