HomeMy WebLinkAbout2007_02_27 CC PKTFebruary 27, 2007 City Council Packet
Brookings City Council
Tuesday, Febr uar y 27, 2007
City Hall Council Chambers
311 Third Avenue
4:00 p.m. Joint Meeting with County Commission (Meeting Room)
5:00 p.m. Work Session
6:00 p.m. Council Meeting
Mission Statement
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic
base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management.
4:00 P.M. JOINT MEETING WITH COUNTY COMMISSION
1. Space Needs Issues
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 on 2006 Activities from First Planning District from Dick Edenstrom.
2. Quarterly Financial Report from BMU.
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. Action on Resolution No. 13-07, authorizing the City Manager to sign a five year
operating agreement renewal with Ray's Corner.
C. Action on Resolution No. 18-07, awarding bids for a leachate truck.
D. Action on Resolution No. 14-07, Fixing Time and Place for Hearing upon
Assessment Roll for Sidewalk Assessment Project 2006-01SWR (2006 Sidewalk
Repair Sites).
E. Action on Resolution No. 15-07, pertaining to changing the Names of Streets
(changing Pebble Beach Drive to Doral Drive).
F. Action on an agreement with the City of Egan for Animal Control Services.
G. Action on Resolution No. 19-07, awarding bids for 3 police vehicles.
H. Action on an Election agreement between the City of Brookings and Brookings
County.
Action: Motion to approve, roll call
5. Open Forum.
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February 27, 2007 City Council Packet
6. SDSU Report.
Ordinances – 1st Readings
** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public hearing is announced.
Ordinances – Public Hearings:
7. 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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8. 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).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9. Ordinance No. 07-07 - amending the Zoning Ordinance pertaining to a coffee house as a
permitted special use in the Business B-2A District.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10. 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).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Resolutions – Public Hearings:
11. Hearing and action on Resolution No. 17-07, 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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business:
12. Action to approve amendments to an agreement between the City of Brookings and the
Chamber of Commerce.
Action: Motion to approve, request public comment, roll call
13. Action on Resolution No. 12-07, establishing a Visitor Promotions Committee.
Action: Motion to approve, request public comment, roll call
14. Action on Resolution No. 16-07, approving a settlement agreement concerning drainage
between the city of Brookings and Dean Gulbranson.
Action: Motion to approve, request public comment, roll call
15. Adjournment.
The complete City Council agenda packet is available on the
city website: www.cityofbrookings.org
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February 27, 2007 City Council Packet
4:00 P.M. JOINT MEETING WITH COUNTY COMMISSION
1. Space Needs Issues
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February 27, 2007 City Council Packet
5:00 P.M. WORK SESSION
1. Update on 2006 Activities from First Planning District from Dick
Edenstrom.
Dick Edenstrom requested time to present a summary of 2006 activities of the First Planning
District to the City Council.
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February 27, 2007 City Council Packet
5:00 P.M. WORK SESSION
2. Quarterly Financial Report from BMU.
Steve Meyer and staff will be present to present to the City Council, the BMU Quarterly Financial
Report.
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February 27, 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. Action on Resolution No. 13-07, authorizing the City Manager to sign a five year operating agreement
renewal with Ray's Corner.
C. Action on Resolution No. 18-07, awarding bids for a leachate truck.
D. Action on Resolution No. 14-07, Fixing Time and Place for Hearing upon Assessment Roll for
Sidewalk Assessment Project 2006-01SWR (2006 Sidewalk Repair Sites).
E. Action on Resolution No. 15-07, pertaining to changing the Names of Streets (changing Pebble Beach
Drive to Doral Drive).
F. Action on an agreement with the City of Egan for Animal Control Services.
G. Action on Resolution No. 19-07, awarding bids for 3 police vehicles.
H. Action on an Election agreement between the City of Brookings and Brookings County.
Action: Motion to approve, roll call
5. Open Forum.
6. SDSU Report.
Ordinances – 1st Readings
** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public hearing is announced.
Ordinances – Public Hearings:
7. 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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8. 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).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9. Ordinance No. 07-07 - amending the Zoning Ordinance pertaining to a coffee house as a permitted special use
in the Business B-2A District.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10. 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).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Resolutions – Public Hearings:
11. Hearing and action on Resolution No. 17-07, 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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business:
12. Action to approve amendments to an agreement between the City of Brookings and the Chamber of
Commerce.
Action: Motion to approve, request public comment, roll call
13. Action on Resolution No. 12-07, establishing a Visitor Promotions Committee.
Action: Motion to approve, request public comment, roll call
14. Action on Resolution No. 16-07, approving a settlement agreement concerning drainage between the city of
Brookings and Dean Gulbranson.
Action: Motion to approve, request public comment, roll call
15. Adjournment.
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February 27, 2007 City Council Packet
5:00 P.M. WORK SESSION
4. Topic introduction for future agendas.
March 13th
5:00 p.m. Work Session
Joyce Dragseth on Board of Equalization Hearings
Darla Bockorny - presentation on State Dept. of Labor - big role in feeding economic
development (15 minutes)
6:00 pm Action Meeting
Minutes
Resolution Levying Assessment for Sidewalk Assessment Project No. 2006-01SWR
(2006 Sidewalk Repair Sites)
2006 Annual Reports for Boards
Action on board appointments recommendations by the Mayor.
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February 27, 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.
• Monday, March 19th – “State of Chamber” Banquet – 6:00 p.m. – Day’s Inn - RSVP
• March 19-23, 2007 - Board of Equalization Hearings
• Tuesday, March 27th – City Council – 5 & 6 p.m.
• April 10th - Election Day
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February 27, 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.
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February 27, 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. Action on Resolution No. 13-07, authorizing the City Manager to sign a five year
operating agreement renewal with Ray's Corner.
C. Action on Resolution No. 18-07, awarding bids for a leachate truck.
D. Action on Resolution No. 14-07, Fixing Time and Place for Hearing upon Assessment
Roll for Sidewalk Assessment Project 2006-01SWR (2006 Sidewalk Repair Sites).
E. Action on Resolution No. 15-07, pertaining to changing the Names of Streets (changing
Pebble Beach Drive to Doral Drive).
F. Action on an agreement with the City of Egan for Animal Control Services.
G. Action on Resolution No. 19-07, awarding bids for 3 police vehicles.
H. Action on an Election agreement between the City of Brookings and Brookings County.
Action: Motion to approve, roll call
5. Open Forum.
6. SDSU Report.
Ordinances – 1st Readings
** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public hearing is announced.
Ordinances – Public Hearings:
7. 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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8. 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).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9. Ordinance No. 07-07 - amending the Zoning Ordinance pertaining to a coffee house as a
permitted special use in the Business B-2A District.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10. 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).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Resolutions – Public Hearings:
11. Hearing and action on Resolution No. 17-07, 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
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February 27, 2007 City Council Packet
Lot 1, Block 1, Randall’s Addition; and Lot H-3 in the west ½ of the NW½ of Section 26-
T110N-R50W.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business:
12. Action to approve amendments to an agreement between the City of Brookings and the
Chamber of Commerce.
Action: Motion to approve, request public comment, roll call
13. Action on Resolution No. 12-07, establishing a Visitor Promotions Committee.
Action: Motion to approve, request public comment, roll call
14. Action on Resolution No. 16-07, approving a settlement agreement concerning drainage
between the city of Brookings and Dean Gulbranson.
Action: Motion to approve, request public comment, roll call
15. Adjournment.
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February 27, 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. Action on Resolution No. 13-07, authorizing the City Manager to sign a five year
operating agreement renewal with Ray's Corner.
C. Action on Resolution No. 18-07, awarding bids for a leachate truck.
D. Action on Resolution No. 14-07, Fixing Time and Place for Hearing upon Assessment
Roll for Sidewalk Assessment Project 2006-01SWR (2006 Sidewalk Repair Sites).
E. Action on Resolution No. 15-07, pertaining to changing the Names of Streets (changing
Pebble Beach Drive to Doral Drive).
F. Action on an agreement with the City of Egan for Animal Control Services.
G. Action on Resolution No. 19-07, awarding bids for 3 police vehicles.
H. Action on an Election agreement between the City of Brookings and Brookings County.
Action: Motion to approve, roll call
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February 27, 2007 City Council Packet
CONSENT AGENDA
B. Action on Resolution No. 13-07, authorizing the City Manager to sign a five year
operating agreement renewal with Ray's Corner.
The City of Brookings enters into operating agreements for a ten-year period. After five (5) years,
that agreement is subject to a five-year renewal. Ray’s Corner, located at 401 Main Ave., signed an
operating agreement on July 9, 2001. Resolution No. 13-07 would allow the City Manager to enter
into the remaining five years of the agreement.
Resolution No. 13-07
Ray’s Corner Operating Agreement Renewal
BE IT RESOLVED by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Renewal Agreement for the Operating Liquor Management Agreement between
the City of Brookings and Ray’s Corner 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 401 Main Ave, also known
as Ray’s Corner.
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.
Passed and approved this 27th day of February, 2007.
CITY OF BROOKINGS
Scott D. Munsterman, Mayor
ATTEST:
Shari Thornes, City Clerk
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February 27, 2007 City Council Packet
CONSENT AGENDA
C. Action on Resolution No. 18-07, awarding bids for a leachate truck.
To: City Manager, Mayor & City Council
From: Robert b. McGrath
Date: February 20, 2007
RE: Bid Award for Leachate Truck
My recommendation is award the bid to Boyer Trucks of Sioux Falls, for $85,354.00.
Here is a little background information on this bid:
For those who are wondering basically this is a water tender truck. Leachate (which is
what we haul) is the liquid that is produced when rain or melted snow percolate down through the
garbage.
I wrote specifications for the old style diesel engine (new diesel engines starting in 2007)
and Sterling Trucks had purchased several of the old type engines and still had them available.
The other truck dealers didn’t have any of old engines available; therefore only one bid. The new
engines are going to be a little difficult to maintain until they work out some of the bugs not to
mention $5,000 - $10,000 more.
I estimated $85,000.00 for this truck it is over by $354.00 but I would advise still going
forward. I also am going to purchase a pickup this year but have been holding off till I knew
what the leachate truck came in at. I have $25,000.00 budgeted for the pickup. A pickup that is
equipped the way I would like is less than $25,000.00 on state bid. Therefore, I have the money.
Incidentally, the bid limit was finally raised from $15,000 to $25,000 by the
Legislature and signed by the Governor. So if I wait until after July 1st, hopefully I can negotiate
a pickup locally instead of using the state bid. The state bid that I’m looking at is from Murdo
Ford.
Therefore, I recommend awarding the bid to Boyer Trucks of Sioux Falls for $85,354.
Resolution No. 18-07
Resolution Awarding Bids on Leachate Truck
Whereas, the City of Brookings has received the following bid for a Leachate Truck:
Boyer Trucks Sioux Falls, SD $85,354.00
Now Therefore, Be It Resolved that the bid of Boyer Trucks in the total amount of $85,354.00
be accepted.
Passed and approved this 27th day of February 2007.
CITY OF BROOKINGS
________________________________
Scott D. Munsterman, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
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February 27, 2007 City Council Packet
CONSENT AGENDA
D. Action on Resolution No. 14-07, Fixing Time and Place for Hearing upon Assessment
Roll 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 sets the
public hearing date for the sidewalk repair project, which will be March 13, 2007. The engineering office will
mail a hearing notice and the actual cost of sidewalk repairs to each owner on the project as required by State
law. There will be one final resolution to levy the sidewalk assessment after the hearing.
RESOLUTION NO. 14-07
RESOLUTION FIXING TIME AND PLACE FOR HEARING UPON ASSESSMENT ROLL FOR
SIDEWALK ASSESSMENT PROJECT NO. 2006-01SWR
(2006 Sidewalk Repair Sites)
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows:
1. The assessment roll for Sidewalk Assessment Project No. 2006-01SWR having been filed in
the office of the City Clerk on the 14th day of February, 2007, the City Council shall meet in the Council
Chambers, City Hall, in said City on Tuesday, the 13th day of March, 2007, at 6:00 o'clock PM, the said
date being not less than twenty (20) days from the filing of said assessment roll for hearing thereon.
2. The City Engineer is authorized and directed to prepare a notice describing, in general terms
Sidewalk Assessment Project No. 2006-01SWR, the date of filing the assessment roll, the time and place
of hearing thereon, stating that the assessment roll will be open for public inspection at the office of the
City Engineer and referring to the assessment roll for further particulars.
3. The City Clerk is authorized and directed to publish said notice in the official newspaper at
least one (1) week prior to the date set for hearing and to mail a copy thereof, by first class mail addressed
to the owner or owners of any property to be assessed at his, her or their last mailing address as shown by
the records of the Director of Equalization at least one (1) week prior to the date set for said hearing.
Passed and approved this 27th day of February 2007.
CITY OF BROOKINGS
__________________________________
Scott D. Munsterman, Mayor
ATTEST:
______________________________________
Shari Thornes, City Clerk
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February 27, 2007 City Council Packet
CONSENT AGENDA
E. Action on Resolution No. 15-07, pertaining to changing the Names of Streets (changing
Pebble Beach Drive to Doral Drive).
Proposal: Change the name of a portion of Pebble Beach Drive to Doral Drive
Background: Residential development along Pebble Beach Drive began at the intersection of
17th Avenue South and proceeded to the east. Four homes have been assigned addresses in the
1700 and 1800 range between 17th Ave So. and Moriarty Drive according to our standard
horizontal addressing system for streets running east and west. At the intersection of Moriarty
Drive and Pebble Beach Drive, the street curves to the north and ends 4 ½ blocks later at Torrey
Pines Drive. A north and south street follows the same addressing system but in a vertical
direction. This has caused a problem with future addressing along the street and the 911
addressing system. In other words, 1700 and 1800 block addresses would be duplicated on a
different stretch of the same street. This would not work for the 911 system.
Specifics: This resolution would create a new street name for the portion of Pebble Beach Drive
north of the Moriarty Drive intersection and south of the intersection of Torrey Pines Drive. The
new street name was selected by the developer of the subdivision and no permanent addresses
have been assigned along this stretch of road.
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February 27, 2007 City Council Packet
RESOLUTION NO. 15-07
RESOLUTION PERTAINING TO CHANGING THE NAMES OF STREETS
WHEREAS, the City Council is authorized under Article I, Section 74-1 to change the
names of streets within the city; and
WHEREAS, certain streets need to be renamed to facilitate the proper house numbering
system
NOW THEREFORE, BE IT RESOLVED by the governing body that the following
changes be made:
Old street name: Pebble Beach Drive from Moriarty Drive to Torrey Pines Drive
New street name: Doral Drive
Abutting legal descriptions:
Plat of Lots 25A, 25B, 26A, 26B, 27A, and 27B, Block 9 and road rights-of-way in Moriarty
Fourth Addition and Moriarty-Edgebrook Addition filed on April 6, 2006 in Plat Book 24,
Page 97
Plat of Lots 9, 10, 11, and 12, Block 4 and Lots 10 and 11, Block 5 and Pebble Beach Drive
right-of-way in Moriarty-Edgebrook Addition filed on December 30, 2005 in Plat Book 24,
Page 83
Plat of Lots 13, 14, 15, and 16, Block 4 and Lots 6, 7, 8, and 9, Block 5, Moriarty-Edgebrook
Addition filed on December 12, 2006 in Plat Book 24, Page 150
The City Clerk is directed to file a copy of this resolution with the Register of Deeds and to
request that the above referenced plats be notated with the new street names and a reference to
this resolution be added describing the proper miscellaneous record.
Passed and approved this 27th day of February 2007.
City of Brookings
____________________________
Mayor
ATTEST:
______________________________
City Clerk
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February 27, 2007 City Council Packet
CONSENT AGENDA
F. Action on an agreement with the City of Egan for Animal Control Services.
ANIMAL CONTROL AGREEMENT BETWEEN EGAN & BROOKINGS
THIS AGREEMENT is made and entered into between the CITY OF EGAN, SOUTH DAKOTA
(EGAN), and the CITY OF BROOKINGS, SOUTH DAKOTA (BROOKINGS), for the purpose
of providing animal impoundment services to EGAN. For and in consideration of the provisions
contained herein, the parties agree as follows:
1. BROOKINGS agrees to provide impoundment facilities for animals that may be delivered on
behalf of EGAN.
2. EGAN shall pay to BROOKINGS for impoundment of its animals as follows:
2.1 EGAN will pay an impoundment fee of $20.00 plus $8.00 per day boarding fees only
if the impounded animal is unclaimed within the period as hereinafter provided.
EGAN will take a picture of the animal before it leaves the city and a picture will be
posted at the City Office.
2.2 BROOKINGS will be entitled to collect from the person claiming the animal all of
its usual fees, and in that event EGAN will not be charged any fees. BROOKINGS
agrees to collect from the person claiming the animal the additional sum of $25.00
and will remit it to EGAN. In addition, Brookings agrees to collect a deposit of
$25.00 from any person claiming an animal where the animal has not been
vaccinated or licensed as required by Egan Ordinances and said deposit shall be
remitted to EGAN. BROOKINGS agrees to notify EGAN of any animal that has
been redeemed without proof of vaccination or license by identifying the animal and
the person who claimed it, thereby enabling EGAN to follow-up to insure proper
vaccination and licensing.
2.3 BROOKINGS aggress to keep any impounded animal a minimum of five days (120
hours) after impoundment excluding Sundays and holidays and following said period
of time, unclaimed animals will become the property of BROOKINGS and may be
put up for adoption or disposed of in a humane manner at the discretion of
BROOKINGS. BROOKINGS will not charge EGN for any more than five (5)
days boarding fees unless the animal was kept for observation as provided for by
paragraph #3 below.
2.4 When BROOKINGS submits an invoice to EGAN for impoundment fees, the
invoice shall identify the date of impoundment and description of animal for each
impoundment fee.
3. If any animal impounded with BROOKINGS under this Agreement is known to have bitten any
person, BROOKINGS agrees to keep the animal in its possession and under observation for a
period of not less than ten days and to have a licensed veterinarian examine it at the end of said
observation period. Thereafter any person claiming the animal shall pay the cost of the
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February 27, 2007 City Council Packet
veterinarian’s examination along with all other costs. If not claimed, EGAN shall pay the cost
of the veterinarian’s examination and all other fees as provided for herein. Any animal
reasonably believed to have rabies shall be property disposed of by BROOKINGS.
4. Any party to this Agreement may terminate this Agreement at any time upon providing all other
parties notice in writing at least 30 days prior to termination.
CITY OF EGAN, SOUTH DAKOTA
By:
Board President Date
CITY OF BROOKINGS, SOUTH DAKOTA
By:
Date
Its:
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February 27, 2007 City Council Packet
CONSENT AGENDA
G. Action on Resolution No. 19-07, awarding bids for 3 police vehicles.
To: Brookings City Council
From: Bryan Gums, Chief of Police
Re: 2007 Vehicle bids for 3 police vehicles
On Tuesday, February 13, 2007 bids were received for the replacement of three (3) patrol vehicles which
were budgeted for in 2007.
Einspahr Auto submitted the bids as follows:
1 - 2007 Dodge Durango $23,552
2 - 2007 Ford Police Interceptor $22,950 (2 = $45,900)
Total purchase price $69,452
I am respectfully requesting permission to purchase these vehicles. If you have any questions concerning
my recommendation please contact me.
Resolution No. 19-07
Resolution Awarding Bids on 3 Police Vehicles
Whereas, the City of Brookings has received the following bids from Einspahr Auto, Brookings, SD
for Police Vehicles:
2007 Dodge Charger Sedan $24,853.00
2007 Ford Police Interceptor Sedan $22,950.00
2007 Ford Expedition 4wd $25,063.00
2007 Dodge Durango 4wd $23,552.00
Now Therefore, Be It Resolved that the bids from Einspahr Auto for:
(1) 2007 Dodge Durango $ 23,552
(2) 2007 Ford Police Interceptor Sedan $ 22,950
in the total amount of $69,452.00 for 3 vehicles be accepted.
Passed and approved this 27th day of February 2007.
CITY OF BROOKINGS
________________________________
Scott D. Munsterman, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
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February 27, 2007 City Council Packet
CONSENT AGENDA
H. Action on an Election agreement between the City of Brookings and Brookings County.
ELECTION AGREEMENT FOR BROOKINGS COUNTY
This agreement is entered into between Brookings County, the City of Brookings and the Brookings
School District.
Combined Elections:
Follows provisions provided under SDCL 12-2-5 and 12-2-6.
Cost Share:
• Each entity shall publish its own required notices, except where they may by law be jointly
published. The cost of jointly published notices shall be shared equally, except for the cost of
publishing the sample ballot, where the cost shall be shared proportionately by ballot issue and/or
candidate.
• Salaries and expenses of shared election workers shall be shared equally by the parties. The
County is responsible for finding election workers.
• The cost of materials (ballots, poll books, absentee envelopes, etc…) will be shared
proportionately by ballot issue and/or candidate. Each entity will pay the cost of its individually
used materials and supplies.
• Programming costs (ballots, AutoMARKs, scanner, etc…) shall be shared proportionately by
ballot issue and/or candidate.
Brookings County will pay all costs associated with the election and the City of Brookings and the
Brookings School District agrees to reimburse the County for their share of the costs as determined in this
agreement.
Absentee/Early Voting: Absentee/Early ballots shall be available at the County Auditor’s Office for
voters who wish to vote absentee or early.
Election Night Counting Board: If Brookings City and/or the Brookings School District place an item on
a June Primary or November General Election ballot, those entities agree to provide a minimum of one
(1) worker to assist in the intake and counting process of the ballots on election night.
Canvassing the Vote: Each entity shall canvass the votes of their election at the next designated meeting
following the election. Poll books will be opened by the County canvassing board, canvassed, resealed,
and passed on to the other boards which will canvass their portion of the ballot.
The Brookings County Auditor and Election Supervisor and either the Brookings City Clerk or their
designee and/or the Brookings School District Business Manager or their designee are hereby empowered
and directed to cooperate in any manner that will accomplish the purpose and intent of this agreement in
order to facilitate elections in the most efficient and economical manner.
Other elections in which Brookings County is not a participant:
Cost Share: Brookings County is not responsible for supplying entities with the supplies (absentee
envelopes, poll books, etc…) needed to hold their own election. However, if the county can offer
assistance in an emergency situation, the county will be refunded the cost of the supplies that were used.
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February 27, 2007 City Council Packet
Equipment: Brookings County agrees to supply voting booths, secrecy sleeves, and the required signage
at no cost. The entity holding the election is responsible for setting a time and assisting with getting that
equipment ready for Election Day. They are also responsible for the costs of any damage, other than
mechanical failure, of the machines.
Scanner and AutoMARKs: Brookings County agrees to pay the maintenance and upkeep costs of the
M650 scanner and the AutoMARK voter assist terminals. If another entity wishes to use these machines
for their elections, they are responsible for the costs of programming, set-up, delivery and pick-up. They
are also responsible for the costs of any damage, other than mechanical failure, of the machines.
Election Supervisor: The County Election Supervisor will be available in the weeks leading up to another
entity’s election to help answer questions or assist with emergencies that may arise. If you wish to hold
election training in the County Commission Chambers and/or have the Election Supervisor do that
training and/or assist in that training, a minimum of two weeks notice must be given. The Election
Supervisor or other qualified employee will be present in the Auditor’s Office from 7:00 a.m. to 7:00 p.m.
on Election Day to assist with registration issues and questions.
Election Night: For entities using the M650 scanner to count their ballots, the Election Supervisor, or
other designee, will be present on election night to assist with the counting and intake process.
County Only Elections (Primary & General Elections):
Election Night: In return for using the M650 scanner and other voting equipment at no cost, Brookings
City and the Brookings School District agree to make every effort to provide a minimum of one (1)
individual to assist with the county’s election night counting process. The county is not responsible for
paying those individuals for their time.
Other
At any time Brookings County, the City of Brookings, or the Brookings School District can ask to revisit
this agreement to make any needed changes or updates.
______________________________ _________ _________________________ _________
Brookings County Commission Chair Date Brookings Mayor Date
______________________________ _________ _________________________ _________
Brookings County Election Supervisor Date Brookings City Clerk Date
______________________________ __________
Brookings School Board Chair Date
______________________________ __________
Brookings School Business Manager Date
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February 27, 2007 City Council Packet
5. Open Forum.
6. SDSU Report.
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February 27, 2007 City Council Packet
Ordinances – Public Hearings
7. 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.
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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Manager Recommendation: Approve
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February 27, 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 February 27, 2007
PUBLISHED March 1, 2007
CITY OF BROOKINGS
________________________
ATTEST: Mayor
_________________________
City Clerk
26
February 27, 2007 City Council Packet
Planning Commission
Brookings, SD
February 6, 2007
OFFICIAL MINUTES
Chairperson Sean O’Brien called the regular meeting of the City Planning Commission to
order on February 6, 2007 at 7:00 PM in the Council Chamber at City Hall. Members present were
Curt Ness, Justin Hyde, John Gustafson, Larry Fjeldos, Mike Cameron, Dave Kurtz, Greg Fargen,
and O’Brien. Sandra Moore was absent. Also present were Jeff Mataya, Mike Wells, Ryan Krogman,
Julie Whaley, Allen Westby, Mike McCann, Blaine Grophenteen, John Rychtarik, Ben Esh, Sally
Damm, City Engineer Jackie Lanning, Planning and Zoning Administrator Dan Hanson and others.
Item #8 – Krogman, Gustafson Land Holding LLC has submitted a petition to rezone Sublot 2 and
3 of Lot A and the west 10 feet of the vacated alley in 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.
(Ness/Cameron) Motion to approve the rezoning. Fargen, Fjeldos, Cameron, Kurtz, Hyde,
and Ness voted aye. O’Brien voted no. Gustafson abstained. MOTION CARRIED.
Item #8 – Mike Walls, area franchisee for Arby’s, stated he would build a restaurant on the land if it
were rezoned. He would use Lot 9 for parking, and the existing evergreen trees on the lot would
remain.
Ryan Krogman, of Krogman Gustafson Land Holding LLC, also referenced the plan. He
noted the proposed location of the building, access drives to 6th Street, and access to the alley. He
felt the access to the alley was needed so motorists would not drive over onto Brickwood’s property.
He did not think other heavier B-2 uses would be able to use the parcel due to its size.
Julie Whaley, representing neighboring property owner Mabel Lindahl, felt that additional
stormwater runoff from a new development would cause problems in the alley. In addition,
Lindahl’s driveway was on the alley, and additional traffic flow from a restaurant could cause
problems. She also noted that no traffic control was present at the intersection with State Street, and
parking in the alley could become an issue.
Allen Westby, of 1902 State Street, was concerned about increased traffic in his
neighborhood. Mike McCann, 1912 State Street, felt the RB-4 zone was an appropriate buffer. He
also felt Lot 9, if rezoned, would protrude into the R-1B zoned land. He cited traffic, noise, lighting,
proximity to homes, and garbage as reasons to deny the request. He felt the plan was too intensive
for the size of the lot. Several other residents in the neighborhood opposed the request for various
reasons including poor transitioning of land uses, increased traffic, and access to the alley.
Mike Walls addressed the traffic concerns in the alley. He noted that it is already connected
to Brickwood Plaza.
Hyde remarked that the Commission was not voting on the Arby’s Restaurant plan but on
whether or not a B-2 District was appropriate in the area. Cameron did not feel that a rezoning
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February 27, 2007 City Council Packet
would substantially increase stormwater runoff. Whaley stated that surfacing on Lot 9 would
increase flows. O’Brien noted that an exit to the alley could be installed regardless of the zoning.
Kurtz was concerned with all the uses that were currently allowed in the B-2 District.
Hyde stated that adjacent commercial zoning already bordered the residential district. This
particular rezoning was buffered from a residential district by a street and an alley. The property also
accessed 6th Street which was the main commercial strip. He added that the lots were small which
would limit the types of commercial uses that could use the property. He felt traffic concerns were
important, but the impact would be minimal in this case. He supported the rezoning. O’Brien
commented that certain RB-4 District uses could create the same issues pertaining to noise, litter,
and traffic as uses within a B-2 District.
Dan Hanson, Secretary Dave Kurtz, Chairperson
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February 27, 2007 City Council Packet
Ordinances – Public Hearings
8. 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).
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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Manager Recommendation: Approve
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February 27, 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 February 27, 2007
PUBLISHED March 1, 2007
CITY OF BROOKINGS
__________________________
Mayor
ATTEST:
________________________________
City Clerk
35
February 27, 2007 City Council Packet
Planning Commission
Brookings, SD
February 6, 2007
OFFICIAL MINUTES
Chairperson Sean O’Brien called the regular meeting of the City Planning Commission to order on
February 6, 2007 at 7:00 PM in the Council Chamber at City Hall. Members present were Curt Ness, Justin
Hyde, John Gustafson, Larry Fjeldos, Mike Cameron, Dave Kurtz, Greg Fargen, and O’Brien. Sandra Moore
was absent. Also present were Jeff Mataya, Mike Wells, Ryan Krogman, Julie Whaley, Allen Westby, Mike
McCann, Blaine Grophenteen, John Rychtarik, Ben Esh, Sally Damm, City Engineer Jackie Lanning, Planning
and Zoning Administrator Dan Hanson and others.
Item #9 – Dakota Storage Building LLC has submitted an application for a Conditional Use on Lot 1, except
Tract A, Brookings Mall Addition. The request is to establish an Outdoor Sales use in the Business B-2
District.
(Ness/Hyde) Motion to approve the application
(Fjeldos/Hyde) Amendment to the motion to add 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 present voted aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION CARRIED.
Item #9 – Hanson stated the request was to establish pre-built sheds on the lot to display for sale. The sheds
had been located on the same site a couple years ago but were removed since the zoning did not allow it at
that time.
Ben Esh, representing Dakota Storage Building LLC, felt the sheds were attractive. He added that he
would be leasing the site on a month to month basis.
John Rychtarik, a neighbor, felt there should be a buffer on the north and west side of the lot.
Gustafson asked how many sheds would be placed on the lot at any one time. Esh replied four (4) to
six (6). Hyde favored restrictions on the number of sheds and the location. Kurtz asked if he planned on
accessing 22nd Avenue. Esh replied no. Fjeldos supported restricting the maximum size for any sheds. Esh
remarked that he did not oppose the proposed conditions.
Dan Hanson, Secretary Dave Kurtz, Chairperson
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February 27, 2007 City Council Packet
Ordinances – Public Hearings
9. Ordinance No. 07-07 - amending the Zoning Ordinance pertaining to a coffee house
as a permitted special use in the Business B-2A District.
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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Manager Recommendation: Approve
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February 27, 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 February 27, 2007
PUBLISHED March 1, 2007
CITY OF BROOKINGS, SOUTH DAKOTA
____________________________________
Scott Munsterman, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
41
February 27, 2007 City Council Packet
Planning Commission
Brookings, SD
February 6, 2007
OFFICIAL MINUTES
Chairperson Sean O’Brien called the regular meeting of the City Planning Commission to
order on February 6, 2007 at 7:00 PM in the Council Chamber at City Hall. Members present were
Curt Ness, Justin Hyde, John Gustafson, Larry Fjeldos, Mike Cameron, Dave Kurtz, Greg Fargen,
and O’Brien. Sandra Moore was absent. Also present were Jeff Mataya, Mike Wells, Ryan Krogman,
Julie Whaley, Allen Westby, Mike McCann, Blaine Grophenteen, John Rychtarik, Ben Esh, Sally
Damm, City Engineer Jackie Lanning, Planning and Zoning Administrator Dan Hanson and others.
Item #11 – The City of Brookings has submitted amendments to the Zoning Ordinance pertaining
to a Coffee House as a permitted special use in the Business B-2A District.
(Hyde/Cameron) Motion to approve the amendments. All present voted aye. MOTION
CARRIED.
Item # 11 – Hanson stated the amendment would add a coffeehouse use in the B-2A Office
District. A maximum floor area standard was included to insure the use would not become too
intensive.
_______________________ _________________________
Dan Hanson, Secretary Sean O’Brien, Chairperson
42
February 27, 2007 City Council Packet
Ordinances – Public Hearings
10. 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).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Manager Recommendation: Approve
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:
Temporarily close the existing plant and build a new 24’ x 80’ enclosure that will
encompass the plant and storage shed
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.
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
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.
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February 27, 2007 City Council Packet
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.
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February 27, 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 February 27, 2007
PUBLISHED March 1, 2007
CITY OF BROOKINGS
__________________________
Mayor
ATTEST:
________________________________
City Clerk
45
February 27, 2007 City Council Packet
Planning Commission
Brookings, SD
February 6, 2007
OFFICIAL MINUTES
Chairperson Sean O’Brien called the regular meeting of the City Planning Commission to
order on February 6, 2007 at 7:00 PM in the Council Chamber at City Hall. Members present were
Curt Ness, Justin Hyde, John Gustafson, Larry Fjeldos, Mike Cameron, Dave Kurtz, Greg Fargen,
and O’Brien. Sandra Moore was absent. Also present were Jeff Mataya, Mike Wells, Ryan Krogman,
Julie Whaley, Allen Westby, Mike McCann, Blaine Grophenteen, John Rychtarik, Ben Esh, Sally
Damm, City Engineer Jackie Lanning, Planning and Zoning Administrator Dan Hanson and others.
Item #3 – William A. Winter has submitted an application for an amended Conditional Use to
modify a concrete plant operation on Lot 1, Block 6, Gilkerson Addition and Lot 1, Block 1,
Telkamp Industrial Addition.
(Hyde/Ness) Motion to take the motion from the table. All present voted aye. MOTION
CARRIED.
(Hyde/Cameron) Amendment to the motion to add the following condition:
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 present voted aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION CARRIED.
Item #3 – Hanson stated that the changes on the modified plan presented by Winter, Inc. were
designed to contain wash water on the site. This issue was a major concern at the January meeting.
Lanning remarked that there were anticipated flow calculations for the amount of water that would
enter the valley gutter so she could not confirm that the plan would work.
Kurtz asked if Winter, Inc. had a discharge permit from the state. Lanning replied yes. Hyde
asked if the proposed changes in the driveways would cause any traffic problems. Lanning
responded that reducing from two driveways to one would be an improvement.
Hyde felt the new plan addressed the concerns from the previous meeting. The changes
would contain run-off from the operation, and the modifications would not be detrimental to
adjacent property owners.
Dan Hanson, Secretary Dave Kurtz, Chairperson
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February 27, 2007 City Council Packet
Resolutions – Public Hearings:
11. Hearing and action on Resolution No. 17-07, 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.
Applicant: United Retirement Center
Proposal: Vacate the part of 4th Street that is west of 1st Avenue
Background: This Street was created in 1886 along with the platting of Mae’s Addition. In 1957,
a portion of Mae’s Addition and some right-of-way was vacated by the platting of Lot H-3. In
1991, the west 15.5 feet of 1st Avenue next to Lot 1 was vacated since the roadway portion of 1st
Avenue was on the east side of the right-of-way (not centered). This created a 40 foot boulevard
on the west side that was unnecessary.
Specifics: The United Retirement Center owns 100% of the land abutting the portion of 4th
Street requested to be vacated. There are several utility lines in the street including electric,
telephone, sanitary sewer, water, and gas. Therefore, the vacation, if approved, should be
contingent upon retaining a utility easement over the entire vacated portion. It is my
understanding that the United Retirement Center would use the land for expansion of their
parking lot. A parking lot over the utility lines would be permissible.
City Engineer’s Comments –
In general, street vacation requests are studied very carefully by the City, due to the impact the
vacation may have. A street vacation may impact traffic patterns, utilities, maintenance,
emergency services and other issues. The portion of 4th Street proposed for vacation is a short
extension west of First Avenue, primarily used by vehicles entering the URC property. Also,
this portion of 4th Street is more difficult for the City to remove show due to its “dead end”
nature. I do not have concerns about this street vacation from a traffic or maintenance
standpoint. I concur with Dan’s recommendation that the plat approval be contingent upon
retaining a utility easement over the entire vacated portion.
Recommendation: The Planning Commission voted 8 yes and 0 no to recommend approval of
the street vacation subject to the contingency stated in the Resolution.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City manager Recommendation: Approve
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February 27, 2007 City Council Packet
Resolution No. 17-07
STREET VACATION
WHEREAS, a petition to vacate has been filed with the City Clerk of the City of Brookings,
and
WHEREAS, the petition was filed in proper form and signed by one hundred percent
(100%) of the adjacent property owners.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brookings:
That the portion of Fourth Street located west of the First Avenue right-of-way and abutting Lots
20-28, Mae’s Addition; and Lots 1, 2 and 3, Block 1, Randall’s Addition and the west 15.5 feet of the
vacated First Avenue abutting Lot 1, Block 1, Randall’s Addition; and Lot H-3, excluding County
Highway First Addition, in the west ½ of the NW ¼ of Section 26-T110N-R50W is vacated subject
to a utility easement over the entire portion of street to be vacated.
Passed and approved this 27th day of February 27, 2007.
CITY OF BROOKINGS
__________________________
Scott D. Munsterman, Mayor
ATTEST:
_______________________
Shari Thornes, City Clerk
53
February 27, 2007 City Council Packet
Planning Commission
Brookings, SD
February 6, 2007
OFFICIAL MINUTES
Chairperson Sean O’Brien called the regular meeting of the City Planning Commission to
order on February 6, 2007 at 7:00 PM in the Council Chamber at City Hall. Members present were
Curt Ness, Justin Hyde, John Gustafson, Larry Fjeldos, Mike Cameron, Dave Kurtz, Greg Fargen,
and O’Brien. Sandra Moore was absent. Also present were Jeff Mataya, Mike Wells, Ryan Krogman,
Julie Whaley, Allen Westby, Mike McCann, Blaine Grophenteen, John Rychtarik, Ben Esh, Sally
Damm, City Engineer Jackie Lanning, Planning and Zoning Administrator Dan Hanson and others.
Item #10 – United Retirement Center has submitted a petition to vacate the portion of 4th Street
located west of the First Avenue right-of-way and abutting Lots 20 through 28, Mae’s Addition; and
Lots 1, 2 and 3 and the west 15.5 feet of the vacated First Avenue abutting lot 1, Block 1, Randalls
Addition; and Lot H-3, excluding County Highway First Addition, in the west ½ of the NW ¼ of
Section 26-T110N-R50W.
(Gustafson/Kurtz) Motion to approve the street vacation
(Kurtz/Cameron) Amendment to the motion to add “provided a utility easement is retained
over the entire vacated portion.” All present voted aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION CARRIED.
Item #10 – Sally Damm, Director of the United Retirement Center, stated that they wanted to
vacate a small portion of 4th Street in order to develop additional parking areas for future projects.
Hanson pointed out that several utility lines existed under the street. Cameron indicated that
there were certain restrictions on building over an easement. Damm showed the Commission a
future site plan with an expanded parking lot over the street. Installing a parking lot over an
easement was permitted.
Dan Hanson, Secretary Dave Kurtz, Chairperson
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Other Business:
12. Action to approve amendments to an agreement between the City of Brookings and
the Chamber of Commerce.
Action: Motion to approve, request public comment, roll call
City Manager Recommendation: Approve
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February 27, 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 the visitor
promotion programs traditionally provided by the CVB, 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:
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February 27, 2007 City Council Packet
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-
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. Coordination with Supervision by the City concerning Chamber and Convention and
Visitors 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;
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February 27, 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. Organize annually a formal leadership development program, and provide the City
with the interest areas of the participants to encourage greater volunteer participation in city
government.
j. Provide assistance to the Visitor Promotions Committee as more fully discussed in
this Agreement.
5. Convention/Visitors Bureau to assist Visitor Promotions Committee. The Brookings Area
Convention/Visitors Bureau will provide assistance to the Visitor Promotions Committee. In
particular, the Director of the Brookings Area Convention/Visitors Bureau (“CVB”) will serve as
an ex-officio member of the City’s Visitor Promotions Committee and will work closely with
and provide assistance to the Visitor Promotions Committee.
In addition, a Community Events Coordinator is now employed to perform substantial services
for the Visitor Promotions Committee. Provided funding for the position by the City continues,
the Chamber shall employ the Community Events Coordinator and will train, supervise and
perform all employment-related duties concerning the Community Events Coordinator position.
6. Convention and Visitors Bureau. The Chamber shall prepare and recommend to the City a
Convention and Visitors Bureau 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, 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.
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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.
8. Visitor Promotions Committee Assistance. The Director of the Brookings Area
Convention/Visitors Bureau (“CVB”) will serve as an ex-officio member of the City’s Visitor
Promotions Committee and will work closely and provide assistance to the Visitor Promotions
Committee. Moved to #5
8. 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.
9. 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.
10. 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.
11. 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.
12. 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
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February 27, 2007 City Council Packet
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.
13. 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
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.
14. 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.
15. 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
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President, Brookings Area Chamber of Commerce
& Convention Bureau
Secretary, Brookings Area Chamber of
Commerce & Convention Bureau
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February 27, 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 the visitor
promotion programs traditionally provided by the CVB, 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-
Brookings Chamber Agreement for Visitor Promotion dated July 1, 2005, and the City of
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February 27, 2007 City Council Packet
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. Coordination with the City concerning Chamber and Convention and Visitors 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;
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;
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February 27, 2007 City Council Packet
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. Organize annually a formal leadership development program, and provide the City
with the interest areas of the participants to encourage greater volunteer participation in city
government.
j. Provide assistance to the Visitor Promotions Committee as more fully discussed in
this Agreement.
5. Convention/Visitors Bureau to assist Visitor Promotions Committee. The Brookings Area
Convention/Visitors Bureau will provide assistance to the Visitor Promotions Committee. In
particular, the Director of the Brookings Area Convention/Visitors Bureau (“CVB”) will serve as
an ex-officio member of the City’s Visitor Promotions Committee and will work closely with
and provide assistance to the Visitor Promotions Committee.
In addition, a Community Events Coordinator is now employed to perform substantial services
for the Visitor Promotions Committee. Provided funding for the position by the City continues,
the Chamber shall employ the Community Events Coordinator and will train, supervise and
perform all employment-related duties concerning the Community Events Coordinator position.
6. Convention and Visitors Bureau. The Chamber shall prepare and recommend to the City a
Convention and Visitors Bureau 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, 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
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February 27, 2007 City Council Packet
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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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
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February 27, 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.
14. 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.
15. 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
ATTEST: Scott D. Munsterman, Mayor
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
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February 27, 2007 City Council Packet
13. Action on Resolution No. 12-07, establishing a Visitor Promotions Committee.
Action: Motion to approve, request public comment, roll call
City Manager Recommendation – Approve
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February 27, 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) 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 of the City
Council. In making the initial appointments to the VPC, the Mayor 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. The Mayor shall also consider recommendations for members
from the organizations referenced above.
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.
Sec. 4. Subcommittees.
The VPC may form subcommittees to advance its work. At a minimum, subcommittees
must have at least three (3) members, each of whom shall be members or ex-officio members of
the VPC. A majority of the subcommittee members present shall constitute a quorum. Formal
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February 27, 2007 City Council Packet
subcommittee recommendations must be approved by a simple majority vote of subcommittee
members present. Subcommittee chairs or their designee will report regularly to the VPC about
their meetings, deliberations, and recommendations. The VPC is responsible for providing
oversight of all subcommittee work.
Sec. 5. 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 VPC shall preside during meetings 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. 6. Community Events Coordinator/Duties/Supervision Assistance.
A Community Events Coordinator is now employed by the Chamber to perform
substantial services for the Visitor Promotions Committee, including the following:
(1) Planning in cooperation with the Director of the Brookings Area
Convention/Visitors Bureau; and the Community Events Coordinator; and
(2) Fostering engaged conversation of members of the VPC to reach solutions and
goals, establish meeting structure, direct performance of VPC committee
members and such other action as is in the best interest of the VPC.
(3) The Community Events Coordinator shall also prepare 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 may deem appropriate.
The Community Events Coordinator position is funded by the City of Brookings, through
the 3rd B Sales Tax revenues (Resolution 83-04). The process of recruitment and selection of the
Community Events Coordinator position shall hereafter include both the Chamber and the VPC or
a subcommittee of the VPC.
The VPC shall cooperate with 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.
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Sec. 7. Development of the VPC Program of work. Moved to Sec. 6 #3
The VPC shall prepare 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 may deem appropriate.
Sec. 7. 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. 8. Terms - vacancies - residency of members.
The members of the VPC shall serve without compensation for terms of three (3) years,
with a limit of two (2) full terms.
Vacancies on the Committee shall be appointed by the Mayor, with advice and consent of
the City Council, following the appointment procedure provided above.
Members may reside outside city limits.
Sec. 9. Quorum --organization.
A quorum shall consist of six (6) members. The VPC shall adopt, amend, or rescind such
rules as shall be necessary for the conduct of its meetings.
Sec. 10. Budget and funding.
The VPC shall submit to the City 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. 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.
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Sec. 12. Removal for cause.
The VPC 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.
Sec. 13. Commencement, reporting.
The Committee shall commence its proceedings following adoption of this Resolution.
Sec. 14. Ex Officio Members.
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
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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:
(3) 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.
(4) 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) 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 of the City
Council. In making the initial appointments to the VPC, the Mayor 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. The Mayor shall also consider recommendations for members
from the organizations referenced above.
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.
Sec. 4. Subcommittees.
The VPC may form subcommittees to advance its work. At a minimum, subcommittees
must have at least three (3) members, each of whom shall be members or ex-officio members of
the VPC. A majority of the subcommittee members present shall constitute a quorum. Formal
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subcommittee recommendations must be approved by a simple majority vote of subcommittee
members present. Subcommittee chairs or their designee will report regularly to the VPC about
their meetings, deliberations, and recommendations. The VPC is responsible for providing
oversight of all subcommittee work.
Sec. 5. 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 VPC shall preside during meetings of the
VPC.
The Vice Chairperson will preside during meetings in the absence of the Chairperson.
Sec. 6. Community Events Coordinator/Duties/Supervision.
A Community Events Coordinator is now employed by the Chamber to perform
substantial services for the Visitor Promotions Committee, including the following:
(1) Planning in cooperation with the Director of the Brookings Area
Convention/Visitors Bureau; and
(2) Fostering engaged conversation of members of the VPC to reach solutions and
goals, direct performance of VPC committee members and such other action
as is in the best interest of the VPC.
(3) The Community Events Coordinator shall also prepare 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 may deem appropriate.
The Community Events Coordinator position is funded by the City of Brookings, through
the 3rd B Sales Tax revenues (Resolution 83-04). The process of recruitment and selection of the
Community Events Coordinator position shall hereafter include both the Chamber and the VPC or
a subcommittee of the VPC.
The VPC shall cooperate with and maintain close communication with staff assigned to
assist the VPC. In particular, the VPC shall work closely with the Community Events
Coordinator.
Sec. 7. 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.
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Sec. 8. Terms - vacancies - residency of members.
The members of the VPC shall serve without compensation for terms of three (3) years,
with a limit of two (2) full terms.
Vacancies on the Committee shall be appointed by the Mayor, with advice and consent of
the City Council, following the appointment procedure provided above.
Members may reside outside city limits.
Sec. 9. Quorum --organization.
A quorum shall consist of six (6) members. The VPC shall adopt, amend, or rescind such
rules as shall be necessary for the conduct of its meetings.
Sec. 10. Budget and funding.
The VPC shall submit to the City 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. 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. Removal for cause.
The VPC 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.
Sec. 13. Commencement, reporting.
The Committee shall commence its proceedings following adoption of this Resolution.
Sec. 14. Ex Officio Members.
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
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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
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14. Action on Resolution No. 16-07, approving a settlement agreement concerning
drainage between the city of Brookings and Dean Gulbranson.
Action: Motion to approve, request public comment, roll call
City Manager Recommendation: Approve
(The materials for this item were not ready at print time and will arrive to City Council Members under separate
cover.)
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15. Adjournment.
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