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HomeMy WebLinkAbout2007_02_13 CC PKTFebruary 13, 2007 City Council Packet Brookings City Council Tuesday, Febr uar y 13, 2007 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. Economic Development Overview by Al Heuton, BEDC Exec. Director. 2. DBI presentation on sidewalk cafes. 3. Review of 6:00 p.m. meeting topics. 4. Topic introduction for future agendas. 5. Briefing on upcoming council invitations and obligations. 6. City Council Member introduction of topics for future discussion. Any Council member may request discussion of any issue at a future meeting only. Items can not be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 6:00 P.M. REGULAR MEETING 1. Call to order. 2. Pledge of Allegiance. 3. City Clerk Records Council Attendance. 4. Action to approve the following Consent Agenda Items * A. Agenda. B. Minutes. C. Action to hold a special council meeting on March 6, 2007. D. Action on Resolution No. 11-07, directing Preparation of Assessment Roll, Dividing Assessments into Installments, and Providing for the Collection Thereof For Sidewalk Assessment Project 2006-01SWR (2006 Sidewalk Repair Sites). E. Action on an annual wine license renewal for George's Pizza Inc. Action: Motion to approve, roll call 5. Open Forum. 6. SDSU Report. 1 February 13, 2007 City Council Packet Presentations 7. Presentation of MLK Award to Raven Eversgerd. Ordinances – 1st Readings 8. Ordinance No. 05-07 - rezoning Sublots 2 and 3 of Lot A and the west 10 feet of the vacated alley of Block 1, Bane and Poole Addition from a Business RB-4 District to a Business B-2 District; and Lot 9 and the adjoining vacated alley in Block 1, Bane and Poole Addition from a Residence R-1B District to a Business B-2 District. Public Hearing: February 27, 2007 9. Ordinance No. 06-07 - a Conditional Use Permit to establish an outdoor sales use on Lot 1, excluding Tract A, Brookings Mall Addition (2101 Orchard Drive). Public Hearing: February 27, 2007 10. Ordinance No. 07-07 - amending the Zoning Ordinance pertaining to a coffee house as a permitted special use in the Business B-2A District. Public Hearing: February 27, 2007 11. Ordinance No. 08-07 - amending a Conditional Use Permit to modify a concrete plant on Lot 1, Block 6, Gilkerson Addition and Lot 1, Block 1, Telkamp Industrial Addition (110 32nd Avenue) (tabled on January 2, 2007). Public Hearing: February 27, 2007 ** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public hearing is announced. Ordinances – Public Hearings: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Other Business: 12. Discussion and possible action to amend Resolution No. 06-07, Establishing the Railroad Safety Committee (pertaining to quorum requirements). Action: Motion to approve, request public comment, roll call 13. Discussion regarding Resolution No. 126-06, Stop Sign Resolution (discussion with Township Board tabled to this date on 1/9/07). 14. Discussion regarding the draft revised agreement between the city of Brookings and the Chamber of Commerce (including Visitor Promotions Committee Agreement, Resolution Establishing Visitor Promotions Committee). 15. Adjournment. The complete City Council agenda packet is available on the city website: www.cityofbrookings.org 2 February 13, 2007 City Council Packet 5:00 P.M. WORK SESSION 1. Economic Development Overview by Al Heuton, BEDC Exec. Director. 3 February 13, 2007 City Council Packet 5:00 P.M. WORK SESSION 2. DBI presentation on sidewalk cafes. 4 February 13, 2007 City Council Packet 5:00 P.M. WORK SESSION 3. Review of 6:00 p.m. meeting topics. 6:00 P.M. REGULAR MEETING 1. Call to order. 2. Pledge of Allegiance. 3. City Clerk Records Council Attendance. 4. Action to approve the following Consent Agenda Items * A. Agenda. B. Minutes. C. Action to hold a special council meeting on March 6, 2007. D. Action on Resolution No. 11-07, directing Preparation of Assessment Roll, Dividing Assessments into Installments, and Providing for the Collection Thereof For Sidewalk Assessment Project 2006- 01SWR (2006 Sidewalk Repair Sites). E. Action on an annual wine license renewal for George's Pizza Inc. Action: Motion to approve, roll call 5. Open Forum. 6. SDSU Report. Presentations 7. Presentation of MLK Award to Raven Eversgerd. Ordinances – 1st Readings 8. Ordinance No. 05-07 - rezoning Sublots 2 and 3 of Lot A and the west 10 feet of the vacated alley of Block 1, Bane and Poole Addition from a Business RB-4 District to a Business B-2 District; and Lot 9 and the adjoining vacated alley in Block 1, Bane and Poole Addition from a Residence R-1B District to a Business B-2 District. Public Hearing: February 27, 2007 9. Ordinance No. 06-07 - a Conditional Use Permit to establish an outdoor sales use on Lot 1, excluding Tract A, Brookings Mall Addition (2101 Orchard Drive). Public Hearing: February 27, 2007 10. Ordinance No. 07-07 - amending the Zoning Ordinance pertaining to a coffee house as a permitted special use in the Business B-2A District. Public Hearing: February 27, 2007 11. Ordinance No. 08-07 - amending a Conditional Use Permit to modify a concrete plant on Lot 1, Block 6, Gilkerson Addition and Lot 1, Block 1, Telkamp Industrial Addition (110 32nd Avenue) (tabled on January 2, 2007). Public Hearing: February 27, 2007 ** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public hearing is announced. Ordinances – Public Hearings: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Other Business: 12. Discussion and possible action to amend Resolution No. 06-07, establishing the Railroad Safety Committee (pertaining to quorum requirements). Action: Motion to approve, request public comment, roll call 13. Discussion regarding Resolution No. 126-06, Stop Sign Resolution (discussion with Township Board tabled to this date on 1/9/07). 14. Discussion regarding the draft revised agreement between the city of Brookings and the Chamber of Commerce (including Visitor Promotions Committee Agreement, Resolution Establishing Visitor Promotions Committee). 15. Adjournment. 5 February 13, 2007 City Council Packet 5:00 P.M. WORK SESSION 4. Topic introduction for future agendas. February 27th 4:00 p.m. Joint City/County Space Needs Meeting (tentative) (city hall) 5:00 p.m. Work Session ƒ Update on 2006 Activities from First Planning District from Dick Edenstrom (15 minutes) 6:00 p.m. Action Meeting ƒ Minutes ƒ Financial Reports by Rita Thompson ƒ Action on bids for a leachate truck (2/20 bid letting) ƒ Feb. 13: Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Sidewalk Assessment Project 2006-01SWR (2006 Sidewalk Repair Sites) ƒ Action on board appointments recommendations by the Mayor. ƒ Chamber Agreement ƒ Visitor Promotions Committee Agreement ƒ Resolution Establishing Visitor Promotions Committee ƒ Hearing and action on a petition to vacate that portion of 4th Street located west of the First Avenue right-of-way and abutting Lots 20 through 28, Block 1, Mae’s Addition; and Lots 1, 2, and 3, and the west 15.5’ of the vacated First Avenue abutting Lot 1, Block 1, Randall’s Addition; and Lot H-3 in the west ½ of the NW½ of Section 26- T110N-R50W (legal notice required - 9 & 16) March 13th 5:00 p.m. Work Session ƒ Joyce Dragseth on Board of Equalization Hearings ƒ Darla Bockorny - presentation on State Dept. of Labor - big role in feeding economic development (15 minutes) 6:00 pm Action Meeting ƒ Minutes ƒ Resolution Levying Assessment for Sidewalk Assessment Project No. 2006-01SWR (2006 Sidewalk Repair Sites) ƒ 2006 Annual Reports for Boards 6 February 13, 2007 City Council Packet 5:00 P.M. WORK SESSION 5. Briefing on upcoming council invitations and obligations. • Friday, February 23, 2007 - Deadline to file nominating petitions • Tuesday, February 27, 2007 - City Council – 4, 5 & 6 p.m. • Tuesday, March 6th - 4:00 p.m. - Special Council meeting on Governance & Ends Policies • March 10-14, 2007 - 2007 Annual Congressional City Conference - Washington, DC • Tuesday, March 13th – City Council - 5 & 6 p.m. • March 19-23, 2007 - Board of Equalization Hearings • Tuesday, March 27th – City Council – 5 & 6 p.m. • April 10th - Election Day 7 February 13, 2007 City Council Packet 5:00 P.M. WORK SESSION 6. City Council Member introduction of topics for future discussion. Any Council member may request discussion of any issue at a future meeting only. Items can not be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 8 February 13, 2007 City Council Packet 6:00 P.M. REGULAR MEETING 1. Call to order. 2. Pledge of Allegiance. 3. City Clerk Records Council Attendance. 4. Action to approve the following Consent Agenda Items * A. Agenda. B. Minutes. C. Action to hold a special council meeting on March 6, 2007. D. Action on Resolution 11-07, directing Preparation of Assessment Roll, Dividing Assessments into Installments, and Providing for the Collection Thereof For Sidewalk Assessment Project 2006-01SWR (2006 Sidewalk Repair Sites). E. Action on an annual wine license renewal for George's Pizza Inc. Action: Motion to approve, roll call 5. Open Forum. 6. SDSU Report. Presentations 7. Presentation of MLK Award to Raven Eversgerd. Ordinances – 1st Readings 8. Ordinance No. 05-07 - rezoning Sublots 2 and 3 of Lot A and the west 10 feet of the vacated alley of Block 1, Bane and Poole Addition from a Business RB-4 District to a Business B-2 District; and Lot 9 and the adjoining vacated alley in Block 1, Bane and Poole Addition from a Residence R-1B District to a Business B-2 District. Public Hearing: February 27, 2007 9. Ordinance No. 06-07 - a Conditional Use Permit to establish an outdoor sales use on Lot 1, excluding Tract A, Brookings Mall Addition (2101 Orchard Drive). Public Hearing: February 27, 2007 10. Ordinance No. 07-07 - amending the Zoning Ordinance pertaining to a coffee house as a permitted special use in the Business B-2A District. Public Hearing: February 27, 2007 11. Ordinance No. 08-07 - amending a Conditional Use Permit to modify a concrete plant on Lot 1, Block 6, Gilkerson Addition and Lot 1, Block 1, Telkamp Industrial Addition (110 32nd Avenue) (tabled on January 2, 2007). Public Hearing: February 27, 2007 ** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public hearing is announced. Ordinances – Public Hearings: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Other Business: 12. Discussion and possible action to amend Resolution No. 06-07, establishing the Railroad Safety Committee (pertaining to quorum requirements). Action: Motion to approve, request public comment, roll call 9 February 13, 2007 City Council Packet 13. Discussion regarding Resolution No. 126-06, Stop Sign Resolution (discussion with Township Board tabled to this date on 1/9/07). 14. Discussion regarding the draft revised agreement between the city of Brookings and the Chamber of Commerce (including Visitor Promotions Committee Agreement, Resolution Establishing Visitor Promotions Committee). 15. Adjournment. 10 February 13, 2007 City Council Packet 6:00 P.M. REGULAR MEETING CONSENT AGENDA #4 4. Action to approve the following Consent Agenda Items * A. Agenda. B. Minutes. C. Action to hold a special council meeting on March 6, 2007. D. Action on Resolution 11-07, directing Preparation of Assessment Roll, Dividing Assessments into Installments, and Providing for the Collection Thereof For Sidewalk Assessment Project 2006-01SWR (2006 Sidewalk Repair Sites). E. Action on an annual wine license renewal for George's Pizza Inc. Action: Motion to approve, roll call 11 February 13, 2007 City Council Packet CONSENT AGENDA B. Minutes. The minutes from the November 8, 2006 special council meeting are enclosed for council review and action. 12 February 13, 2007 City Council Packet Brookings City Council November 8, 2006 (unapproved) The Brookings City Council held a special meeting on Wednesday, November 8, 2006 at 3:00 p.m., at City Hall with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek, Julie Whaley, Mike Bartley, Ginger Thomson, Tim Reed, and Michael Reitz. Interim City Manager Dennis Falken, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Deputy Mayor Tim Reed chaired the meeting. Airport. Tom Schauer, Federal Aviation Administration (FAA), presented information on Brookings past history and the current Brookings Airport’s future regarding the environmental process. Schauer clarified the process. He has met with numerous airport tenants and has found a lot of misinformation about the current airport and the process. He reviewed a letter dated April 3, 2006 to the Mayor from Steve Obenauer, FAA Bismarck Airports District Office, regarding compliance issues at the Brookings Airport. The letter cited incompatible land use that was found in the Runway Protection Zone (RPZ). The FAA's directive to the City is to stop making it worse and to move towards a solution through a Master Plan and Environmental Study. If the City chooses to do nothing the city could risk federal airport entitlement and discretionary funds until compliance was achieved. Another option is to bring the current site into compliance or to select a new off-site location. Schauer reviewed the various phases of an on-site and off-site environmental study, which is called a Dual Track Study. Phases include the following: Phase 1 : A. Hold a public open house B. Form an Advisory Committee 1) On Airport - refine evaluation criteria and prepare concept plan 2) New Airport - develop selection criteria, select search areas, evaluation airport sites, prepare concept plan C. Prepare Dual Track Alternatives Report D. Hold a public open house 1) Select preferred on-site concept 2) Select preferred off-site concept Phase 2: A. Prepare draft environmental assessment B. Hold public open house C. Prepare final environmental assessment for both "tracks" Schauer said the firms of Helms and HNTB are the consultants who are conducting the environmental study. They will be seeking information and input about specific things in and around the current and proposed airport sites that could cause problems. In this process the consultants will gather a significant amount of data, review all the alternatives that will meet those 13 February 13, 2007 City Council Packet needs, and review the environmental impacts of 19 different categories (i.e. endangered species, wetlands, people, historical sites). In this process they will review on-site and off-site options. Why off-site? If the City of Brookings came to FAA asking to realign the main runway at the current airport the FAA would require an environmental study that would include all other alternatives. Before the FAA invests more money in the Brookings Airport they want to know if this is the right place to build. He noted that there are numerous criteria and circumstances that must be evaluated with every site. Brookings is not unique in this process. Any time any city is doing a major runway construction they are required to look at other alternatives including looking elsewhere. Once all the data is gathered the consultants will identify which alternatives are the most promising. It's premature for the consultants, the FAA, or the City to state a location preference because they don't have all the information. He said everyone needs to remain open in this process. It can be frustrating because it takes a long time to gather the data. However, better data makes for better decisions. There will be plenty of opportunity in this process for City Council to direct the consultants. Schauer said the City is in the beginning of the process in Phase 1, as outlined above. When the consultants have gathered enough data to identify off-site locations, another public open house will be held to hear concerns. After that public open house the City Council will be asked to select the preferred concepts. It is at that point that the Council starts making a decision. Until then, it's fact- finding mission. If the Council sees things they'd like the consultants to be doing, they should ask them. Once all data is gathered it will help assist the Council in a decision and will help the Council explain to the public why the decision was made. The Council's decision will be subject to public vote. If the City Council has a list of questions they want identified in the impact studies, they should make sure those items are covered. He recommended working through the airport staff or the city manager. He clarified the expectations in the April 3rd letter. The FAA has an expectation that the City of Brookings will move through this process as expeditiously as possible in order the Council to make a decision that will resolve the City's non-compliance issues. If somewhere in this process the City stops, then the FAA will take steps to resolve the non-compliance. If the City reaches this point it would mean losing the $150,000/year funding and the opportunity for Federal discretionary funds. He said there are also other Federal measures beyond FAA funding that would impact the City including the Department of Transportation. Bringing the airport into compliance would also better serve the public because the non-compliance items are safety related. City Council Questions: Thomson asked if the $150,000 per year was an entitlement. Yes, it is a non-primary entitlement. Discretionary funds are for bigger ticket items such as a taxiway, acquiring land, and hangars. Discretionary funds are needs based and are competitive. In ND and SD, funds are allocated annually through a Capital Improvement Plan. The FAA identifies the most critical needs and safety and security issues get top priority. Bartley asked if discretionary funds were being used for this study. Patrick Dame, Airport Manager, said the City is using bank entitlement funds. The City did use discretionary funds to rehab the runway for certification inspection. 14 February 13, 2007 City Council Packet Bartley asked if the certification process was different than compliance or intertwined. Tom Schauer said CERT is part of Federal Aviation and airports are required to meet certain standards when they reach a certain size. Non-compliance with "Part 139" rules can result in fines. Generally the FAA works with cities to fix these items. Airports identify those areas to address and the FAA works with the CERT inspector to buy time for funding or a planning document to catch up. The current issue with the runway isn't a cure-all, but a fix or patch for the next 10 years. Why should the City spend money on a runway if they are thinking of moving the airport? The FAA wants to make sure that the airport is open and safe, but not to spend a lot of money in case it's moving or the city will be doing something different in the near future. The question was asked at what point is a decision made on preferred concept. Schauer said the consultants make recommendations, but the ultimate decision lies with the City Council. That is why it is important along this process if the Council thinks of questions about possible concerns to make sure consultants know about them. He noted that you won't find many regional offices like theirs that provide questions along the way rather than a laundry list at the end. Other regional/district offices prefer to ask for final documents for review and comment which provide more time delays and frustrations. His office doesn't have to be involved in the process. Bartley asked at what point does the City inform potentially effected property owners. Schauer said that won't happen until much further in the process. Right now the consultants don't have anything beyond the initial data. Once alignments are selected there will be sufficient data to evaluate who is affected and who isn't. Bartley said his concern is that some properties get identified as potential sites and some owners are contacted and some are not. That should not be the case until a property is selected. Schauer said it is reasonable in this process to hold an open house inviting those who own property in areas of potential impact. The City would invite those property owners to hear what is going on, but would make it clear that no decisions will be made right now and the City is fact finding at this point. Bartley asked if the City could have the consultants make the contacts rather than through an open house. Schauer said the city could mold the process to include that. Bartley asked if the city does that, when would it be appropriate (now, 6 months, 1 year). Schauer said the city can mold that process; however, cautioned that doing it too early could get people concerned over nothing. If they are informed too early there won't be any data to provide. If they are located in the RPZ area then explain to them that impact. Bartley expressed concern that the process be reviewed so that it's made friendlier to the property owners. Schauer agreed that getting the public involved into the process as early as possible is part of the education process. The City may also find that the public has additional information that is helpful in the study. In order to get buy-in it's best to get as many people to understand the process. Whenever any public open house is held getting information out to the public must be the primary goal. Bartley asked how to bring effected parties into the process without bringing them into a public meeting. Schauer said that would a reasonable item to discuss with the consultants to determine what they are willing to do and what their fees would be. 15 February 13, 2007 City Council Packet Bezdichek said he struggles with this process as a City Council member representing constituents. When in this process are items open to debate if the Council starts to question decisions being made by the Airport Manager which may or may not be in best interests? When does the Council start to interact in this process to question those issues for benefit of the FAA and city of Brookings? Schauer said the FAA views the Airport Manager and the City as one entity. If the Airport Manager doesn't speak for the City, the Council or City must direct the FAA to the appropriate internal contact. However, he noted that the Airport Manager hasn't made any decisions on anything that has been done. All actions require Council approval. The Airport Manager's role is to provide input. The decisions made by the FAA are made in their best interests and not just anything by one person. Schauer couldn't think of any decisions that have impacted this process. Schauer said with Helms as your consultant, he would hope that if they are in non-conformance with the contract or not doing the job by the City's or FAA guidelines that they would dealt with on a contractual basis. The FAA will provide their expertise on their review drawing upon other master plans and other environmentals. Bezdichek noted that several airport projects have exceeded budgets (fire station, drainage problem, etc.). Bezdichek also cited numerous problems with the Willmar, MN airport project and noted that Helms was the consultant on that project. Bartley asked if the FAA had concerns if the Essential Air Service for Brookings ended. Schauer said if the air carrier and EAS end, it won't affect the issues of non-compliance. The FAA would continue to review what is safe and unsafe and address those issues. A forecasting process would be done to identify usage. Bartley noted that the Instrument Landing System (ILS) is 15 years old. Schauer said if the airport moves the ILS will move too as part of the project cost. The FAA would decide if another type of system were to be installed. Schauer commented that the Brookings Airport has had non-compliance issues that have existed for several years and have never been addressed. He provided a copy of the Terms and Conditions the City accepted when it received federal funds and noted the areas of non-compliance. Steve Britzman said he was researching policies of the FAA on decisions on airport safety issues and was looking for a database to help him understand safety issues being imposed. Schauer said all airports in non-compliance go through a Federal judicial process and the FAA is trying to get the cases on a website. He will check to see if that website has been done. Britzman said cases with similar rules can be interpreted in a different way and he wanted to research how they reached their decision in order to help us. Schauer notes that in many cases the issues are resolved without a paper trail. Reed asked Bezdichek if there were other options that should be considered in the process. Bezdichek expressed concern about the lengthiness of the process. He recommended greater interest in emphasizing how to fix the serious problems at the existing airport such as buying out houses to move the crosswind runway. Schauer said they have asked the consultants to discuss alternatives for the crosswind; however, due to air space, wetland & wildlife issues only a handful of options work. All these review items cost money. 16 February 13, 2007 City Council Packet Britzman noted that in this planning process will there be an agenda so the City Council and City officials will know where they are at in the fact finding process. At some point, the staff will discuss the wetlands at the north end of the airport. The Council will want to participate on this issue. They will want to know the timing and process in the fact-finding. Schauer said the City Council would work with consultants on the timetable, but cautioned not to dissect any data and wait until all the data was received in its entirety. Bartley asked how many members would serve on the advisory committee. Dame said the Advisory Committee's task is different. Their role is to provide a check and balance as to what the consultants are doing. They serve as an advisory board to the consultants. Their meetings are not public and they were appointed by the consultants and not the city. They have met twice. The first meeting was to review the master plan and the second was to gather off-site data for seven sites. Falken commented that more public information needs to be shared. More information through the city's website was suggested. Reed recommended a list of milestones at which time the Council would be making decisions. Bezdichek requested a list of the advisory committee members. There was discussion if those names were public or not. Adjourn. A motion was made by Whaley, seconded by Reed, to adjourn. All present voted yes; motion carried. Meeting adjourned at 6:19 p.m. City of Brookings Scott D. Munsterman, Mayor ATTEST: Shari Thornes, City Clerk 17 February 13, 2007 City Council Packet CONSENT AGENDA C. Action to hold a special council meeting on March 6, 2007. City Council action is required to hold a special meeting. The Council is scheduled to hold a special meeting on March 6, 1007. 18 February 13, 2007 City Council Packet CONSENT AGENDA D. Action on Resolution No. 11-07, directing Preparation of Assessment Roll, Dividing Assessments into Installments, and Providing for the Collection Thereof For Sidewalk Assessment Project 2006-01SWR (2006 Sidewalk Repair Sites). The 2006-01SWR Sidewalk and Curb & Gutter repair project is now complete, and we are proceeding with the assessment process to bill the property owners for their sidewalk repair costs. This resolution directs the preparation of the assessment roll and outlines the actual total cost of the sidewalk repairs completed in the 2006-01SWR project. There will be two future resolutions; one to set the hearing date and one to levy the sidewalk assessment. This resolution directs us to calculate the actual cost of the sidewalk repairs for each property owner. Resolution No. 11-07 Resolution Directing Preparation Of Assessment Roll, Dividing Assessments Into Installments, And Providing For The Collection Thereof For Sidewalk Assessment, Project 2006-01SWR (2006 Sidewalk Repairs) BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: 1. More than twenty days have elapsed since the adoption and publication of a Resolution of Necessity for Sidewalk Assessment Project No. 2006-01SWR. The referendum has not been invoked, and no written protests against the making of said improvement have been filed with the City Manager. 2. A contract for Sidewalk Assessment Project No. 2006-01SWR has been duly executed, and the City Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43, SDCL 1967, as amended. 3. The City Engineer has caused an estimate of the expense of the work to be made and filed in his office showing the total cost of said improvement as follows: Contract price $12,315.20 Engineering, inspection, fiscal, legal expense, publication $ 296.26 Total Expense $12,611.46 4. The total cost of said improvement shall be paid as follows: City Repair Costs $ 7,377.50 Assessable costs $ 5,233.96 5. There shall be made and filed in the office of the City Manager an assessment roll for said improvement. The assessments shall be on the basis of benefits upon each lot or tract of land contiguous to the sidewalk constituting said improvement. 19 February 13, 2007 City Council Packet 6. The assessment shall be divided into five (5) equal annual installments for all amounts over $300.00. For amounts of $300.00 or less, the entire assessment shall be due. 7. Unless paid to the City in advance of maturity, the assessments shall be collected by the City Manager in accordance with the procedure for Plan One in Chapter 9-43, SDCL 1967, as amended. 8. The interest rate to be borne by the unpaid installments of the special assessment is ten percent (10%). Passed and approved this 13th day of January 2007. CITY OF BROOKINGS ___________________________________ ATTEST: Scott D. Munsterman, Mayor Shari Thornes, City Clerk 20 February 13, 2007 City Council Packet CONSENT AGENDA E. Action on an annual wine license renewal for George's Pizza Inc. The annual state wine licenses expired on December 31, 2006. In accordance with state law, all license renewals must be acted on by the governing body. George’s Pizza Inc. / 311 Main Ave. Wine (on sale) George’s Pizza Inc. was inadvertently omitted from the November 2006 renewals. There was no lapse in the license due to this issue. The period of renewal is from January 1, 2007 to December 31, 2007. The cost of the wine license renewal is $500, payable to the City. All renewal applicants were instructed to complete a new State Alcohol application including corporate information. All were required to verify the application information including their Business Sales Tax Number, number of video lottery machines, if their real estate taxes are paid to date, and if they have ever been convicted of a felony. Action: Open and close public hearing, Motion to Approve, Roll Call City Manager Recommendation - Approve 21 February 13, 2007 City Council Packet 5. Open Forum. 6. SDSU Report. 22 February 13, 2007 City Council Packet Presentations 7. Presentation of MLK Award to Raven Eversgerd. Raven was unable to attend the City Council Meeting on January 23, 2007 and she was invited to attend this meeting to receive her award. Dr. Martin Luther King Poster, Essay & Visual Art Contest Winners Middle School – Essay Raven Huffman – 1st Place - $50.00 Middle School – 7th Grade Teacher – Mrs. Thaler Parent – Spring Huffman-Eversgerd and Chris Eversgerd 23 February 13, 2007 City Council Packet Middle School Essay Winner Raven Huffman Have you ever had a dream? One where robots will take over the world? One where robots will take over the world? Or maybe dinosaurs will come back to life? I have dreams that look toward the future development of our world. I dream that we will learn to respect Mother Nature and our surroundings, find cures to deadly illnesses, and give every human being equal rights. This dream is, I think, the most important dream of all. Learning to respect Mother Nature is the first step in saving the planet! Mother Nature can take care of herself, but with us destroying what she rightfully made, it takes her longer to resolve the problem. I hope one day we will understand her and save the planet! Don’t you wish cures for cancer and AIDS would magically pop up in front of the doctor’s eyes? I do! So many people are dieing from those diseases. Doctors and researchers are working hard to find the cures, but in the mean time more and more people are fighting the diseases. I dream one day the cures will be found and these cures will lead to a healthy population. I think that is a bright future! Martin Luther King, Jr. had a dream that the black brother would be treated equally. One hundred years before King, Abraham Lincoln mad a promise that African-Americans would receive equal rights. Not even in our lifetime will that promise become true. I want my children to grow up with blacks and be friends with them, too! I want them to judge others on the size of their hearts and not on the color of their skin. I have said a lot of things that affect the future, but our efforts should take place now! In the present. Not later. What are your dreams for a better America? 24 February 13, 2007 City Council Packet Ordinances – 1st Readings 8. Ordinance No. 05-07 - rezoning Sublots 2 and 3 of Lot A and the west 10 feet of the vacated alley of Block 1, Bane and Poole Addition from a Business RB-4 District to a Business B-2 District; and Lot 9 and the adjoining vacated alley in Block 1, Bane and Poole Addition from a Residence R-1B District to a Business B-2 District. Public Hearing: February 27, 2007 Planning Commission report from the February 6, 2007 meeting REZONING Applicant: Krogman, Gustafson Land Holding LLC Proposal: Up-zone a neighborhood business district and residential lot to a medium business district Background: These parcels were zoned RB-4 and R-1B in 1966. In 1999, the area now known as Brickwood Plaza was rezoned from RB-4 to B-2. The adjacent residential subdivision is completely developed except for the lots between 6th Street and State Street. Specifics: A B-2 Business District designation for Sublots 2 and 3 would provide greater flexibility for redevelopment. A comparative table of the permitted uses and permitted special uses within each district is provided. The conditional uses are not shown. Lot 9, if rezoned, would be abutting a residential district to the east (Lot 10). This would result in about half of the lot remaining undeveloped due to the landscape buffer requirement. If Lot 9 were not rezoned, then the 40-foot buffer would affect any redevelopment of the south end of Sublots 2 and 3. NOTE: This request was initially submitted in September, 2006. The Planning Commission recommended that this rezoning not be approved. The City Council was unable to acquire the necessary 2/3 votes of the members in order to override the recommendation of the PC and approve the rezoning. Therefore, the request to rezone failed. Recommendation: The Planning Commission voted 6 yes and 1 no (with one abstention) to recommend approval of the rezoning. 25 February 13, 2007 City Council Packet Ordinance No. 05-07 An Ordinance to Change the Zoning within the City of Brookings: BE IT ORDAINED BY 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, to-wit: Sublot 2 and 3 of Lot A and the west 10 feet of the vacated alley in Block 1, Bane and Poole Addition be and the same is hereby rezoned and reclassified from a Business RB-4 District to a Business B-2 District; and Lot 9 and the adjoining vacated alley in Block 1, Bane and Poole Addition be and the same is hereby rezoned and reclassified from a Residence R-1B District to a Business B-2 District. 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 IV of Chapter 94, 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 February 13, 2007 SECOND READING AND ADOPTION PUBLISHED ATTEST: ________________________ Mayor _________________________ City Clerk 26 February 13, 2007 City Council Packet Ordinances – 1st Readings 9. Ordinance No. 06-07 - a Conditional Use Permit to establish an outdoor sales use on Lot 1, excluding Tract A, Brookings Mall Addition (2101 Orchard Drive). Public Hearing: February 27, 2007 Planning Commission report from the February 6, 2007 meeting CONDITIONAL USE Applicant: Dakota Storage Building LLC Proposal: Establish an Outdoor Sales use in the Business B-2 District Background: This parcel along with the Brookings Mall land was rezoned from residential to a Business B-2 District in 1970. A gas dispensing station was built in the southeast corner of the lot in 1983. This business was replaced by a different gas dispensing station in 2001. The remaining portion of the lot has remained undeveloped. Specifics: “Outdoor Sales” includes storage sheds as one of several objects that are permitted as a conditional use in the Business B-2 District. Section 94-290.5 describes guidelines for vehicles but does not speak directly to storage sheds. However, the need to judge this proposal based on its potential impact on adjacent properties is important. Specifics that may need to be addressed are defining the area, proximity to less intensive uses, lot improvements, number of sheds, or customer needs. I have included the applicants drawing and a department drawing that was done to the scale of the surrounding land. This drawing also shows adjacent uses. The shed sizes indicated on the department drawing would be representative of a 12’ x 20’ shed. Recommendation: The Planning Commission voted 8 yes and 0 no to recommend approval of the conditional use with the conditions listed in the ordinance. 27 February 13, 2007 City Council Packet ORDINANCE NO. 06-07 AN ORDINANCE PERTAINING TO AN APPLICATION FOR A CONDITIONAL USE FOR AN OUTDOOR SALES USE IN THE BUSINESS B-2 DISTRICT. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS, SOUTH DAKOTA THAT SAID CONDITIONAL USE SHALL BE APPROVED FOR AN OUTDOOR SALES USE ON LOT 1, EXCEPT TRACT A, BROOKINGS MALL ADDITION WITH THE FOLLOWING CONDITIONS: 1. The maximum number of sheds displayed at any one time shall be six (6). 2. The display area shall contain a maximum of one (1) shed with a dimension not to exceed 14’ X 32’. 3. An additional two (2) sheds may occupy the lot for off-loading purposes only for a maximum period of 24 hours. 4. The display area shall be contained within an area not to exceed 200 feet directly west of the west lot line of Tract A of Lot 1, Brookings Mall Addition. All sections and ordinances in conflict herewith are hereby repealed. FIRST READING February 13, 2007 SECOND READING PUBLISHED CITY OF BROOKINGS __________________________ Mayor ATTEST: ________________________________ City Clerk 28 February 13, 2007 City Council Packet Ordinances – 1st Readings 10. Ordinance No. 07-07 - amending the Zoning Ordinance pertaining to a coffee house as a permitted special use in the Business B-2A District. Public Hearing: February 27, 2007 Planning Commission report from the February 6, 2007 meeting ZONING AMENDMENTS Applicant: City of Brookings Proposal: Add a coffeehouse as a use in the B-2A Office District Background: The B-2A District is intended to provide for a mixture of office and other compatible and complimentary uses. The district has a limited number of permitted, permitted special and conditional uses. Specifics: The B-2A District serves as a transitional zone between more intensive commercial districts and residential districts. Therefore, the uses allowed in this district have characteristics such as 8:00 – 5:00 PM hours with no weekends, low traffic volume, high aesthetics, or limited building size. In the case of the coffeehouse use, it is important to distinguish it from an eating establishment (restaurant) and a delicatessen, eatery, or luncheonette. Therefore, the language in the definition sets the parameters under which this use would operate or be considered compatible with an office use. Recommendation: The Planning Commission voted 8 yes and 0 no to recommend approval of the zoning amendment. 29 February 13, 2007 City Council Packet ORDINANCE NO. 07-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF BROOKINGS AND PERTAINING TO PERMITTED USES IN THE BUSINESS B-2A DISTRICT FOR PURPOSES OF ADMINISTRATION OF THE ZONING ORDINANCE. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, THAT THE ZONING ORDINANCE SHALL BE AMENDED AS FOLLOWS: I. Sec. 94-1 Definitions Coffee House: An establishment that sells coffee and other similar refreshments and may include the sale of coffee beans and pre-baked pastries, bagels and cookies. The term pre-baked means no baking or food preparation would be allowed on-site. Sec. 94-133. Business B-2A Office District (d) Permitted Special Uses 2. Coffee House a. Floor area of the use shall not exceed 1,000 square feet II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING February 13, 2007 SECOND READING PUBLISHED CITY OF BROOKINGS, SOUTH DAKOTA ____________________________________ Scott Munsterman, Mayor ATTEST: ________________________ Shari Thornes, City Clerk 30 February 13, 2007 City Council Packet Ordinances – 1st Readings 11. Ordinance No. 08-07 - amending a Conditional Use Permit to modify a concrete plant on Lot 1, Block 6, Gilkerson Addition and Lot 1, Block 1, Telkamp Industrial Addition (110 32nd Avenue) (tabled on January 2, 2007). Public Hearing: February 27, 2007 Planning Commission report from February 6, 2007 (tabled in January) CONDITIONAL USE Applicant: Winter, Inc. Proposal: Modify a concrete plant operation Background: Winter, Inc. established a concrete plant (ready mix plant) on this site in 1990. At that time, the use was permitted in the Industrial I-1District. The business constructed a plant, storage shed, office, and storage garage between 1990 and 1991. In 2005, a concrete plant was reclassified as a conditional use in the I-1 District because some aspects of an operation such as this may cause excessive fumes, dust, or runoff that may be incompatible with adjacent uses. Specifics: Winter, Inc. has proposed the following: ƒ Temporarily close the existing plant and build a new 24’ x 80’ enclosure that will encompass the plant and storage shed ƒ Set up a temporary plant toward the rear of the site that will operate from April to November 2007 while the existing plant is under renovations. ƒ Construct a new washout pit in the southeast corner of the lot Winter has indicated that the south lot will be “cleaned up” and be simply a grass area. The outside material storage areas will remain in their existing locations. There is some concern over potential runoff from the site. In the past, there has been runoff that has entered 32nd Avenue and flowed south in the gutter. Another concern is that the emergency overflow pipe in the washout pit is very near the rear lot line, and neighboring property owners could be impacted. The standards require 100% containment on-site. Engineering’s Comments: I reviewed the new plant layout and had questions regarding the new washout pit and emergency overflow design. I visited with the Department of Natural Resources (DENR) regarding discharge permits and requirements. They indicated that the current operation at this facility is required to have a discharge permit, although we do not know if they 31 February 13, 2007 City Council Packet have one. They recommended that the conditional use be tabled until we verify that the current operation has an approved discharge permit. The new operations proposed in this conditional use also require a new discharge permit. DENR would verify that the new washout pit meets their discharge requirements. If the conditional use were approved, the City would not issue a building permit until we could verify a new discharge permit was obtained from the DENR. The City also has EPA requirements regarding storm water runoff, called Phase II. The City is currently permitted with the DENR regarding all storm water runoff, and we have rules on sediment control and many other issues. We have been concerned that there is wash water that runs off this site to the west, directly into the street and ultimately into the drainage ditches. This type of operation needs to be addressed by the developer, both from a discharge permit and Phase II standpoint. Addendum (for Feb. 6 meeting): Winter, Inc. submitted a revised plan with the following changes: • The recycling pond/washout structure was moved to the southeast corner of Lot 1, Block 1, Telkamp Industrial Addition. • A concrete valley gutter would be constructed parallel to 32nd Avenue and would intercept flows from the operation and keep them on-site. • An earthen ditch and dike would be constructed along the south side to contain any overland flows from the operation. • An earthen dike would be constructed along the east lot line to contain runoff. • The access drive on Lot 1, Block 6, Gilkerson Addition would be removed and an access drive further south on 32nd Avenue would be used. City Engineer’s Comments - I have reviewed the Department of Natural Resources (DENR) discharge permit for this site and I am still reviewing the site plan. I will make a verbal report at the meeting. Recommendation: The Planning Commission voted 8 yes and 0 no to recommend approval of the Conditional use with the condition stated in the ordinance. 32 February 13, 2007 City Council Packet ORDINANCE NO. 08-07 AN ORDINANCE PERTAINING TO AN APPLICATION FOR AN AMENDED CONDITIONAL USE FOR A MODIFICATION TO A CONCRETE PLANT IN THE INDUSTRIAL I-1 DISTRICT. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS, SOUTH DAKOTA THAT SAID CONDITIONAL USE SHALL BE APPROVED FOR A MODIFICATION TO A CONCRETE PLANT ON LOT 1, BLOCK 6, GILKERSON ADDITION AND LOT 1, BLOCK 1, TELKAMP INDUSTRIAL ADDITION WITH THE FOLLOWING CONDITIONS: 1. If the proposed concrete valley gutter is insufficient in containing runoff from the operation, a piping system shall be installed to replace it according to the requirements of the city engineer. All sections and ordinances in conflict herewith are hereby repealed. FIRST READING February 13, 2007 SECOND READING PUBLISHED CITY OF BROOKINGS __________________________ Mayor ATTEST: ________________________________ City Clerk 33 February 13, 2007 City Council Packet Other Business: 12. Discussion and possible action to amend Resolution No. 06-07, establishing the Railroad Safety Committee (pertaining to quorum requirements). Action: Motion to approve, request public comment, roll call 34 February 13, 2007 City Council Packet RESOLUTION NO. 06-07 A Resolution Establishing a Brookings Railroad Safety Committee for the City of Brookings, South Dakota. BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as follows: Sec. 1. Creation, purposes. The Brookings Railroad Safety Committee (hereafter also referred to as the "Committee") is hereby created for the following purposes: (1) To review the Community Partnership Agreement (“CPA”) between the City of Brookings and DM&E Railroad which was referred by the voters, in order to determine if the CPA should be revised to improve the safety measures contained therein. (2) To receive public input through public hearings concerning railroad safety issues pertaining to the proposed DM&E Railroad expansion project. (3) To report regularly to the City Council of its findings and hearings and at the conclusion of its proceedings. Sec. 2. Independence, Report. The Committee shall be receptive to public comment from any person, including the City Council, but shall work independently of the City Council and its members, and accordingly, its Report to the City Council shall solely represent the product of its study and work. The Report of the Committee shall be limited to proposed specific safety measures which relate to the proposed DM&E Powder River expansion project. Sec. 3. Composition, qualification, manner of selection of Chairperson and members. The Brookings Railroad Safety Committee shall consist of nine (9) members. Members of the Committee shall consist of a Chairperson and eight (8) additional members, who shall be residents of the County of Brookings. The Chairperson and members shall be appointed by the mayor, subject to the approval of the City Council. In addition, a member of the City Council may be designated by the City Council to serve as an ex-officio member. The City Council member so designated shall not be counted for purposes of determination of a quorum and shall not be entitled to vote or take any official action on matters before the Committee. Sec. 4. Chairperson, facilitator. The Chairperson, in addition to being a voting member, shall also serve as the Committee’s facilitator. The Chairperson shall, in addition to serving as Chairperson, facilitate the study, hearings, work and reporting of the Committee. Accordingly, as facilitator, the Chairperson shall: (1) Maintain focus upon the purposes of the Committee and the process to complete the Committee’s work. (2) Encourage respect for the views of the public and of the Committee members and ensure all Committee members participate. 35 February 13, 2007 City Council Packet (3) Remain neutral until final conclusions are reached and encourage trust among Committee members. Sec. 5. Terms - vacancies - compensation of members. The members of the Brookings Railroad Safety Committee shall serve without compensation for a term to conclude following the submission of a final Report to the City Council. Vacancies on the Committee shall be appointed by the mayor and approved by the City Council. Sec. 6. Quorum --organization. A quorum shall consist of seven (7) members. The City Clerk shall serve as staff liaison, but shall not be a member of the Committee or required to attend the meetings of the committee unless information from the City Clerk’s office is required. The Committee shall adopt, amend, or rescind such rules as shall be necessary for the conduct of its meetings. Sec. 7. Legal assistance to Committee, City Manager to provide assistance if requested. The city attorney shall render such legal assistance and counsel to the Committee as may from time to time be required. In addition, the City Manager shall be responsive to requests for assistance by the Committee, but shall not be required to attend meetings of the Committee. Sec. 8. Administrative assistance, funding. The City shall provide administrative assistance to the Committee. The Committee shall submit funding requests for items or services the Committee requires in performing its work. Funding requests shall be reviewed and approved by the City Manager, however if the Committee’s funding requests exceed a total of One Thousand and no/100 ($1,000.00) Dollars, any further funding requests shall be submitted to the City Council in the form of a budget request. Sec. 9. Meetings of the Committee - Monthly Report. The Committee shall hold at least one (1) regular meeting each month, which shall at all times be open to the public. All Committee meeting agendas must be submitted to the City Clerk to comply with public notification requirements. The Committee Chairperson shall electronically submit a monthly Report to the City Council of its proceedings and the progress of its work. Sec. 10. Removal for cause. The mayor, subject to approval of the City Council and following public hearing, shall have the authority to remove any member of the Committee for cause. Cause for removal shall be stated in writing and made a part of the record of such hearing. Sec. 11. Completion of Committee Report. The Committee shall commence its proceedings following adoption of this Resolution, and shall work expeditiously to complete and submit its Report to the City Council. The Committee shall complete its Report within two (2) weeks following the earlier of a request by the City Council or December 31, 2007. Sec. 12. Termination. Following the submission of its Report, the Committee shall terminate its activities unless the City Council determines that the Committee should continue. In the event the City Council determines it is in the best interest of the City to terminate or continue the Committee or expand its role to 36 February 13, 2007 City Council Packet include the negotiation of an agreement with DM&E, the City Council shall amend this Resolution to include such other duties, responsibilities and terms necessary to extend the Committee’s service to the City. Passed and approved on the 9th day of January, 2007. CITY OF BROOKINGS Scott D. Munsterman, Mayor ATTEST: Shari L. Thornes, Brookings City Clerk 37 February 13, 2007 City Council Packet 13. Discussion regarding Resolution No. 126-06, Stop Sign Resolution (discussion with Township Board tabled to this date on 1/9/07). The City Engineer and City Manager visited in January with Mr. Ishol and Mr. Johnson, Brookings Township Board Members, regarding the placement of the stop signs at West 10th Street and 16th Avenue South. The township board members were going to discuss the stop sign issue at their January 29th meeting. However, there was no new information at the time this memo was written. A verbal update will be given at the Council Meeting. From our meeting, the township members seemed to be in agreement that a stop sign is warranted, however, they feel the stop sign should be placed in the north and south sides of this intersection. According to City Attorney Britzman, the City only has authority on the east side of this intersection. The goal would be for the City and the Township to reach an agreement on where the stop sign should be placed. This item is on the agenda for reconsideration to determine if it should be rescinded since an agreement has not been reached. Resolution No. 126-06 Concurring In the Placement of Stop Signs at the Intersection of West 10th Street and 16th Avenue WHEREAS, Section 82-373 of the Revised Ordinance of the City of Brookings, provides for approval by the City Council for placement of stop signs in locations other than along through streets. NOW, THEREFORE, BE IT RESOLVED that the City Council concurs in the recommendation of the Traffic Safety Committee and the City Manager and approves the placement of stop signs on the east and west sides of the intersection of West 10th Street and 16th Avenue. Passed and approved this 12th day of December 2006. CITY OF BROOKINGS ___________________________________ Scott D. Munsterman, Mayor ATTEST: _____________________________________ Shari Thornes, City Clerk 38 February 13, 2007 City Council Packet 14. Discussion regarding the draft revised agreement between the City of Brookings and the Chamber of Commerce (including Visitor Promotions Committee Agreement, Resolution Establishing Visitor Promotions Committee). 39 February 13, 2007 City Council Packet RESOLUTION NO. 12-07 A Resolution Establishing the Visitor Promotions Committee of the City of Brookings, South Dakota. BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as follows: Sec. 1. Creation, purposes. The Visitor Promotions Committee (hereafter also referred to as the “VPC” or "Committee") is hereby created for the following purposes: (1) To attract out of town visitors for events with economic impact and to attract attention and the expenditures of out of town visitors to the City of Brookings and the surrounding area. (2) The Visitor Promotions Committee shall also provide marketing counsel and advice to the Director of the Brookings Area Convention and Visitors Bureau (“CVB Director”) and the Brookings Area Chamber of Commerce Board of Directors. Sec. 2. Composition and manner of selection of members. The Committee shall consist of eleven (11) twelve (12) members: 5 at-large, 3 SDSU Student Association, 1 Chamber of Commerce, 1 Downtown Brookings, Inc., 1 Swiftel Center Advisory Committee. The members shall be appointed by the Mayor, with the advice and consent subject to the approval of the City Council. In making the initial appointments to the VPC, the Mayor and City Council shall consider as prospective members those members who are currently serving on the Chamber’s Visitor Promotions Committee. The Mayor shall follow the City's standard appointment process through public advertising and an application. Five (5) prospective members shall be selected based upon applications filed with the City Clerk. The Mayor shall also consider recommendations for members from the following organizations referenced above.: (1) Three (3) prospective members shall be recommended by the SDSU Student Association; and (2) Two (2) prospective members each shall be recommended by the Brookings Area Chamber of Commerce and by Downtown Brookings, Inc. Sec. 3. Visitor Promotions Committee Communication, Reporting and Accountability. The VPC shall report to the City Manager and shall maintain close communication with the City Manager with respect to the implementation of its annual program, and shall report to the City Manager in such form and frequency as shall by mutually agreeable. The VPC is directly responsible for the VPC finances, and is accountable to the Brookings City Council for the performance of the VPC. 40 February 13, 2007 City Council Packet Sec. 4. VPC Chairperson and Vice-Chairperson. The Chairperson and the Vice-Chairperson of the VPC shall be elected from among the VPC members to each serve a term of one year. The Chairperson shall cooperate with and maintain close communication with the CVB Director and Community Events Coordinator to accomplish the goals and objectives of the VPC. The responsibilities of the Chairperson shall include: (1) organizing the VPC members and volunteers, (2) planning in cooperation with the Director of the Brookings Area Convention/Visitors Bureau and the Community Events Coordinator; and (3) fostering engaged conversation of individuals to reach solutions and goals, establish meeting structure, direct performance of committee members and such other action as is in the best interest of the VPC. The Vice Chairperson will preside during meetings in the absence of the Chairperson. Sec. 5. Community Events Coordinator Assistance. The VPC shall cooperate and maintain close communication with staff assigned to assist the VPC. In particular, if a Community Events Coordinator is employed, the VPC shall work closely with the Community Events Coordinator. Sec. 6. Convention Visitors Bureau Director Assistance. In performing the VPC activities pursuant to this agreement, it is anticipated that the Director of the Brookings Area Convention/Visitors Bureau (“CVB”) will also be instrumental in providing assistance to the VPC. The VPC shall cooperate with and work closely with the CVB Director in performing its work. Sec. 7. Development of the VPC Program of work. The VPC shall prepare and recommend to the City a promotional and event development program designed to accomplish the goals set forth above and the overall mission of the VPC. The program shall include the details of the methods to be used to achieve visitor attraction, the financial resources needed and such other information as the VPC or City may deem appropriate. The VPC may, from time to time, recommend changes to the program, which changes shall be subject to the approval of the City Manager before they become effective. Sec. 8. Implementation of the Visitor Promotions Committee program. The VPC recommended program shall be approved by the City Manager before any part of it is implemented. If the program is approved, the VPC shall be responsible for the implementing the program according to its terms. Sec. 8 9. Terms - vacancies - residency compensation of members. 41 February 13, 2007 City Council Packet The members of the VPC shall serve without compensation for terms of three (3) years, with a limit of 2 full terms. Vacancies on the Committee shall be appointed by the Mayor, with advice and consent of and approved by the City Council, following the appointment procedure provided above. Members may reside outside city limits. Sec. 9 10. Quorum --organization. A quorum shall consist of six (6) seven (7) members. The VPC shall adopt, amend, or rescind such rules as shall be necessary for the conduct of its meetings. Sec. 10 11. Budget and funding. The VPC shall submit to the City, at least annually, a its annual proposed budget that has been officially adopted by the VPC, for the implementation of the Visitor Promotions Committee program. The VPC budget shall be in such detail and format as specified by the City. Funding for the Visitor Promotions Committee activities shall be paid from the “3rd” B sales tax revenues after expenditures budgeted and set forth in the City Resolution 83-04 have been paid or reserved for payment in accordance with Resolution 83-04. The City agrees to pay one-twelfth of the annual amount each month to the VPC for the activities and services provided under this agreement. Sec. 11 12. Meetings of the Committee. The Committee shall hold at least ten (10) regular meetings each year, which shall at all times be open to the public, unless legal cause exists to close a meeting. All committee meeting agendas must be submitted to the City Clerk to comply with public notification requirements. Sec. 12 13. Removal for cause. The VPC Mayor shall follow the City's adopted Code of Ethics Administrative Process for Complaints about a Volunteer Committee, Commission or Board Member if a member is being considered for removal from the Committee. the removal of a member subject to approval of the City Council and following public hearing, shall have the authority to remove any member of the Committee for cause. Cause for removal shall be stated in writing and made a part of the record of such hearing. Sec. 13 14. Commencement. The Committee shall commence its proceedings following adoption of this Resolution. The Committee shall report its activities at least monthly to the City Manager. Sec. 14 15. Ex Officio Members. 42 February 13, 2007 City Council Packet The Chamber Exec. Vice President, the CVB Director, the Downtown Brookings, Inc. Program Manager and the General Manager of the Swiftel Center shall serve as ex-officio members of the VPC. Ex-officio members shall not have any voting rights and are intended to provide resources as needed by the VPC. Passed and approved on the ____ day of ________________, 2007. CITY OF BROOKINGS ATTEST: Scott D. Munsterman, Mayor Shari L. Thornes, City Clerk 43 February 13, 2007 City Council Packet City of Brookings - Brookings Chamber Agreement for Chamber and Convention Visitors Bureau Activities ______________________________________ This Agreement is entered into by and between the City of Brookings, a municipal corporation, hereinafter referred to as "City", and the Brookings Area Chamber of Commerce & Convention Bureau, a South Dakota non-profit corporation, hereinafter referred to as the “Chamber”. The “Convention and Visitors Bureau” of the Chamber is sometimes referred to as the “CVB”. RECITALS WHEREAS the City is authorized by the laws of South Dakota to expend public funds to promote the general resources of the City of Brookings for the purpose of improving its economic well-being, and has historically funded such programs, and WHEREAS the City desires to continue its program to continually promote Brookings to prospective visitors, students and their parents, and the workforce personnel that area employers are interested in recruiting; and WHEREAS the City also desires to support programs organized to maximize the visitor attraction potential of the Swiftel Center, Performing Arts Center, Larson Ice Center, Fishback Soccer complex and the Southbrook Diamonds; and WHEREAS the City also desires to promote and support SDSU athletic, cultural, educational and recreational programs, including programs developed by SDSU students; and WHEREAS, the City also desires to support programs organized to strengthen relationships between the community, its employers and the area's agricultural producers, to help citizens prepare themselves for public service and leadership, to help citizens prepare themselves for future change, to assist prospective entrepreneurs prepare themselves for entering business, and to strengthen the community's ability to retain its young people; and WHEREAS the Chamber is a non-profit corporation capable of providing the City with professional services to propose, implement, and carry out such programs, including visitor promotion programs, and desires to enter into this agreement with the City for such purposes; and WHEREAS this Agreement includes the agreements of the parties concerning Chamber activities which were previously addressed in separate agreements; NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOREGOING RECITALS AND AS FOLLOWS: 1. Previous Agreements Superseded. This Agreement is intended to include, in addition to additional terms, all of the terms and provisions set forth in that certain City of Brookings- 44 February 13, 2007 City Council Packet Brookings Chamber Agreement for Visitor Promotion dated July 1, 2005, and the City of Brookings-Brookings Chamber Agreement for Chamber Activities and Visitor Promotion dated February 14, 2006. Accordingly, this Agreement is intended to update and supersede the above- mentioned Agreements referred to in this Section. 2. Term of Agreement. This agreement shall be for an initial term commencing on the date this Agreement is executed by both parties and ending on June 30, 2010, and shall be automatically renewed from year to year thereafter, unless terminated as hereinafter provided. The parties agree this Agreement shall be reviewed annually within the first quarter of the calendar year, beginning in 2008, by the following parties: the City Manager, the Chamber Board of Directors, and the CVB Director. Amendments may be made following such reviews and at other times by mutual agreement of the parties. 3. Supervision by the City Concerning Chamber and Convention and Visitors Promotion Bureau Activities. The Chamber shall maintain close communication with the Brookings City Manager (referred to herein as the “City Manager”) and/or designated department heads, and with the City Council with respect to the Chamber's implementation of its annual program. The Chamber shall report to the City Manager and City Council in such form and frequency as shall be mutually agreeable, said report to cover the activities during the preceding period, anticipated activities during the succeeding period, and any proposed variations of the previously approved annual program involving the expenditure of funds. Any such changes in the annual program will be reviewed by the City Manager, and if warranted, approved by the City Council. Conversely, any changes requested by the City shall be submitted to and approved by the Chamber's Board of Directors. The City shall retain exclusive control of the expenditure of public funds to carry out the purposes of this agreement, and the City shall not be liable for any expenditure of funds not approved by the City Council. 4. Professional Services of the Chamber. Upon acceptance of this agreement, the City employs the Chamber to promote, encourage, unite and advance area agricultural, commercial, educational, hospitality, industrial, recreational, civic interests and businesses. For these purposes, the Chamber will maintain adequate staffing levels to provide the following specific services for the City: a. Maintain and disseminate community information, tailored when necessary to meet specific requests, that will assist prospective convention and tournament groups, leisure travelers and residents in their research on the area's quality of life; b. Maintain and disseminate community information, tailored when necessary to meet specific requests, that will assist prospective residents in their research on the area's quality of life; c. Maintain and disseminate demographic information, tailored to meet specific requests, that will assist hospitality and entertainment enterprises in their research on the area's market characteristics and business climate; 45 February 13, 2007 City Council Packet d. Maintain and disseminate demographic information, tailored to meet specific requests, that will assist small commercial enterprises in their research on the area's market characteristics and business climate; e. Prepare and submit formal bids for conventions, conferences and athletic tournaments whose venue and housing requirements are within the community's capabilities and work to strengthen the hospitality experience of groups who come to Brookings for conventions, conferences and tournaments, and strengthen the probability that such groups will return; f. Encourage employers to increase their employment of interns in ways that will strengthen student interest in remaining in the area following graduation; g. Organize informative programs on the area's economic strengths, weaknesses, opportunities and threats to foster public - private partnerships that will identify actions needed to encourage employment expansion; h. Organize recognition programs to acknowledge the citizenship, leadership and contributions of educators, major employers, agricultural producers, public officials and others to foster greater citizen awareness of such contributions to the general welfare of the community; i. Provide assistance to the Visitor Promotions Committee as more fully discussed in this Agreement. 5. Convention/Visitors Bureau to assist Visitor Promotions Committee. In performing visitor promotion activities pursuant to this Agreement, the parties understand and agree that the The Brookings Area Convention/Visitors Bureau will assist provide assistance to the Chamber in performing this Agreement Visitor Promotions Committee. 6. Convention and Visitors Bureau Development Program and Visitor Promotion. The Chamber shall prepare and recommend to the City a Convention and Visitors Bureau promotional and event development program designed to accomplish the applicable purposes set forth above. The program shall include the details of the methods to be used to achieve conventions, visitor attraction, the financial resources needed, and such other information as the Chamber or the City may deem appropriate. The Chamber may, from time to time, recommend changes in the program, which changes shall be subject to the approval of the City Manager before they become effective. 7. Development Program for Chamber Activities. The Chamber shall also prepare and recommend to the City information, recognition and leadership development programs designed to accomplish the applicable purposes set forth above. The program shall include a detailed statement of the manner and method whereby such purposes will be accomplished, the number of full and part-time personnel to be involved, and such other information as the Chamber or the City may deem appropriate. The program shall include an annual budget to finance the program. The Chamber may, from time to time, recommend changes in the program, which changes shall be subject to the approval of the City Council before they become effective. 46 February 13, 2007 City Council Packet 8. Visitor Promotions Committee Assistance. In performing the VPC activities pursuant to this agreement, it is anticipated that the The Director of the Brookings Area Convention/Visitors Bureau (“CVB”) will also be instrumental in providing assistance to the VPC. The VPC shall cooperate with and serve as an ex-officio member of the City’s Visitor Promotions Committee and will work closely with the CVB Director in performing its work and provide assistance to the Visitor Promotions Committee. 9. Reporting Procedures. The Chamber shall maintain adequate records of the services performed and expenses incurred in carrying out its programs. The City shall have the right to examine such records at all reasonable times. Progress reports and reviews by the City may be requested by the City as agreed upon under the terms of the programs. The Chamber shall provide the City with a complete annual financial report prepared by a certified public accountant following acceptance of the report by the Chamber Board. 10. Budget and manner of funding. The Chamber shall submit to the City Manager, at least annually, a proposed budget that has been officially adopted by the Chamber's Board of Directors, for the implementation of its programs. The Budget shall be in such detail and in the format as specified by the City. 11. Payments by the City for Chamber Activities. The City agrees to pay one-twelfth of the annual amount each month for the services the Chamber provides under this agreement. It is expressly understood that the City is obligated to pay the Chamber only, and that the City shall not be obligated to pay anyone else for any expenses incurred by the Chamber in carrying out the terms of this contract. 12. City's Responsibility. The City agrees that it will make available to the Chamber through the various city offices such public information and public services as may be available and pertinent to the Chamber's demographic research programs, event, promotion, marketing and research efforts. 13. Independent Contractor. The Chamber is deemed by the parties hereto to be an independent contractor, and any and all officers and employees of the Chamber, while engaged in the performance of any work or services required by this agreement, shall be considered officers and employees of the Chamber only and not of the City. Any and all claims that may arise under South Dakota's workers compensation laws on behalf of said officers and employees while so engaged shall be the sole responsibility of the Chamber. All claims made by any third party because of any act or omission on the part of the Chamber, its officers, employees and agents, while so engaged in any work or services under this agreement, shall be the sole responsibility of the Chamber. The Chamber shall acquire, maintain, and provide the City evidence of workers compensation and public liability insurance during the full term of this agreement, including its renewals, if any. 14. Scope of Authority. It is expressly understood that the Chamber and its officers, employees, or agents are not, except as described herein, authorized and shall not represent themselves as being authorized to enter into any contract on behalf of or otherwise obligate the City to any person, corporation, partnership or association for the expenditure of public funds. The Chamber 47 February 13, 2007 City Council Packet may contractually obligate future CVB funds as incentives to organizations as part of its work to promote Brookings as the site for their respective events. Subject to this limitation, the Chamber and its officers, employees and agents shall encourage on behalf of the City, citizens and groups from throughout the region to visit Brookings for athletic, educational, recreational, professional development, and organization development purposes. In addition, the Chamber and its officers, employees and agents shall encourage on behalf of the City workforce and student in-migration through both written and on-line publications, graduate retention through internships and close cooperation with economic development officials, citizen-preparation for community service roles through the design and implementation of a comprehensive leadership development program, and strengthened employer, education and agricultural producer relationships through various recognition and appreciation functions. 15. Termination. Any party to this agreement may terminate this agreement at the end of any City of Brookings fiscal year (the calendar year), with or without cause, by giving written notice of such termination to the other party at least ninety (90) days prior to the end of the City's fiscal year. If this agreement is terminated under this provision, the City shall reimburse the Chamber according to the terms hereof to the date of such termination. In the event that the City's requests for increased services had resulted in the Chamber's hiring of additional sales, marketing or clerical employees, and such cancellation results in the termination of that/those employee(s), the City shall further reimburse the Chamber for all costs to which the Chamber may have obligated itself in the faithful performance of this agreement, including any additional Unemployment Compensation premiums resulting from employee terminations. 16. Amendments. This agreement may be amended or supplemented from time to time by action of the parties hereto. Dated this ___ day of February, 2007 CITY OF BROOKINGS, SOUTH DAKOTA Scott D. Munsterman, Mayor ATTEST: Shari L. Thornes, City Clerk Dated this ___ day of February, 2007 BROOKINGS AREA CHAMBER OF COMMERCE & CONVENTION BUREAU President, Brookings Area Chamber of Commerce & Convention Bureau Secretary, Brookings Area Chamber of Commerce & Convention Bureau 48 February 13, 2007 City Council Packet 15. Adjournment. 49