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HomeMy WebLinkAbout2007_10_09 CC PKTBrookings City Council Tuesday, October 9, 2007 City Hall Council Chambers 311 Third Avenue 4:00 p.m. -- Pictures 4:30 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. PHOTOGRAPHS 4:30 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. Project Insight. 2. Policy on city donations/subsidies. 3. Review of the Transportation Study Recommendations. 4. Brookings Airport NAV-AIDS/ WAAS (Wide Area Augmentation System). 5. Red Rink Policy. 6. 6:00 p.m. Meeting Review. 7. City Clerk Reports. 8. City Council Member introduction of topics for future discussion. Any Council member may request discussion of any issue at a future meeting only. Items can not be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 6:00 P.M. REGULAR MEETING 1. Call to order. 2. Pledge of Allegiance. 3. City Clerk records council attendance. 4. Action to approve the following Consent Agenda Items * A. Agenda. B. Minutes. Action: Motion to approve, roll call * Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the 1 October 9, 2007 City Council Packet Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 5. Open Forum. 6. SDSU Report. Ordinances – 1st Readings ** Public Hearing: ** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public hearing is announced. Ordinances – 2nd Readings: 7. Ordinance No. 29-07: A conditional use to establish a boardinghouse for four (4) persons on the east 5 feet of Lot 3, all of Lot 4, and the west 10 feet of Lot 5, Block 9, Pleasant Hill Addition (1010 1st Street). Action: Open & close public hearing, Motion to approve, roll call 8. Ordinance No. 30-07 - Amendments to the Zoning Ordinance pertaining to signs. Action: Open & close public hearing, Motion to approve, roll call 9. Ordinance No. 31-07: Action to rezone the west 1,920 feet of the north 1,320 feet of the SE ¼ of Section 18-T110N-R49W from an A Agricultural District to an Industrial I-1 District (north of Hwy 14 By-pass and east of I-29). Action: Open & close public hearing, Motion to approve, roll call 10. Motion to approve a preliminary plat of Blocks 10-12, Freeland Addition. Action: Motion to approve, request public comment, roll call 11. Executive Session for Personnel Reasons. Action: Motion to enter executive session – voice vote Motion to leave executive session – voice vote 12. Adjourn. The complete City Council agenda packet is available on the city website: www.cityofbrookings.org If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-6281 at least 3 working days prior to the meeting. 2 October 9, 2007 City Council Packet 4:30 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. Project Insight Questions. On August 14th the City Council asked the Leadership Team to prepare possible questions for Council members to use when visiting those communities. The following are sample questions for the Council to consider. Brookings City Council “Project Insight” Partnership with SDSU Project Background: On May 8th SDSU President Chicoine asked the City Council how the City and SDSU could partner in growing together. He also shared his insights and vision for SDSU and our community's role in that process. President Chicoine outlined his plan, “Project Insight”, for SDSU to build a sustainable competitive advantage by knowing the competition, identifying programs/products in which it competes, and using data to assess its competitive position. He noted that an organization can displace top competitors and avoid being displaced by near followers with three dimensions: 1) Performance/Quality, 2) Resources, and 3) Reputation. President Chicoine compared SDSU to the following peers, aspirational peers and stretch peers: 1. Montana State University - Bozeman 2. University of Montana - Missoula 3. North Dakota State University – Fargo 4. University of North Dakota - Grand Forks 5. Southern Illinois University-Carbondale 6. University of Wyoming - Laramie 7. Utah State University - Logan 8. New Mexico State University - Las Cruces 9. University of Idaho - Moscow 10. Colorado State University - Fort Collins 11. Kansas State University - Manhattan 12. Oklahoma State University - Stillwater On June 5th the City Council discussed its 2007 & 2008 goals and agreed that the City should develop a plan to partner with SDSU. That partnership would include participation in SDSU’s “Project Insight” project. City Council 2007 Goals… GOAL #3: PARTNERSHIPS OUTCOME: SDSU 3 October 9, 2007 City Council Packet – Community Research o plan by July 2007 (costs/schedule/process) – Input on their master plan – Obtain their schedule of events o Identify CC members to attend events President Chicoine is now planning trips to some of these communities. Members of the Brookings City Council plan to join the SDSU contingent on these fact-finding trips and spend time meeting with city officials. Council members participating in a trip will be provided a list of questions specific to those communities. Basic Assumptions: The point is the economic base of the area (and in some cases scenery) is a primary determinant of growth or decline. Therefore, key questions to be answered in a peer community research project are related to the economic base that is spurring growth and what factors caused that base to develop in the community. Assumptions: • Most areas of the country experiencing growth tend to be metropolitan areas, university communities and communities with scenic landscapes. • High tech industries grow and prosper where they can find high quality labor in significant concentrations. • People move for different reasons at different stages of their life. For example, young educated people tend to move where the best job opportunities are located, young educated (power) couples move to larger cities because job opportunities exist for both, young families will consider smaller communities if quality jobs are available, equity refugees and empty-nesters tend to move to communities with “bundled” amenities (climate, scenery, shopping, entertainment, etc.). Sample Questions: Economic Development: o From the city’s perspective, are there specific steps, programs, incentives, etc. the city has established to help grow the economic base, or are they just along for the ride? o Has the community established a community vision with broad community support? o Does the city have a formal economic development plan/strategy? o Does the city work collaboratively with organizations such as a Chamber or Development Corporation? Please explain how? o Does the city have an affordable housing and/or other housing development strategy? Code Enforcement: o Has the city adopted maintenance ordinances, weed ordinances, rental housing inspection ordinances, etc.? Does your City perform proactive enforcement of City Ordinances, or 4 October 9, 2007 City Council Packet just on a complaint basis? If yes, how is this supported financially? How many staff personnel do they have? What is their budget for Code Enforcement? What is their process? Zoning & Subdivision Regulations: o Does the city have a comprehensive plan and how often is the plan updated? o Is the plan derived from a formal visioning process? o In zoning/subdivision regulation administration, does the city conform closely to the adopted comprehensive plan? o Does the city require special preservation, landscaping, park provisions, and drainage provisions in the land development/subdivision process? If trips are being taken to the communities, would find it interesting/helpful to review their plans/zoning regulations ahead of time and see what they are attempting to address and/or if it is having the desired effect with new developments. Do the plans/ordinances incorporate special provisions for gateway entrances, corridor development, historic preservation, or other key community features? Development impact and other fees: o How does the city finance its development departments and new public infrastructure? o Does the city use traditional bonding and assessments, fees systems, development impact fees, etc.? o Does the City have a storm utility fee, street maintenance fee, or other recovery mechanisms for infrastructure improvements? Financial: o What are the city’s budget revenue sources and taxation structure (tax lids, home rule options, etc.)? o What type of incentives does the city provide for economic development? o Does the city have any housing projects subsidized by tax increment funding? o Does the city have any transportation issues? o What type of subsidies does the city provide for transportation? o Does the city provide subsidies to nonprofit organizations? o What, how many, and what type of enterprise funds does the City have? 5 October 9, 2007 City Council Packet o Are there any collaborative programs or services offered within the City? Community Aesthetics: (These questions can really only be answered by viewing the community.) o How pleasing are the entrances? o Does signage direct you around the community? o Does the community protect its key physical features? o Does the community have key physical features/amenities (man-made or natural) that entice people to consider the community as a resident location? It was suggested of those visiting other communities to see how Brookings compares as being a “clean” community that they travel some of the alleys in the older parts of the communities, not just the new development, redevelopment areas. Their experience in traveling and looking communities found that some towns at first glance appear to be “clean”, but turn out to have really poor looking alleys and backyards. Human Resources: o What is the city’s annual budget dollar amount? o How many full-time employees does the city employ? o What is the city’s unemployment percentage? o What is the city’s form of government? (e.g. mayor/council, home rule charter with city manager, etc.) Fire: o Does the city’s municipal fire department cover the university campus for fire and rescue? If so, does the college pay the city for the fire and rescue coverage? If so, is payment based on a per call basis or a yearly fee? o Does the city’s municipal fire department provide fire awareness training, fire extinguisher training, or other courses for the students, teachers, or staff? Library: o In what ways does the public library participate in economic and/or cultural growth? o What programs/services encourage library use, both in person and online? o What percentage of the city’s population are library users? Law Enforcement: 6 October 9, 2007 City Council Packet o What are the staffing levels of the Police Department: sworn personnel versus civilian personnel? o What are the division assignments within the department? (e.g. patrol, Investigations, Animal Control, Code Enforcement, Community Policing: SRO, DARE Officers, Records, Communications) o Does the City Police Department manage the Communications component? If so, is it city only, or joint jurisdiction with county or region. Is the university included in this component? How may full-time and/or part-time personnel are assigned to Communications component? o Does the University employee sworn/certified law enforcement officers to perform safety and security functions? If yes, how many? o Does the University employee civilian security personnel to perform safety and security functions? If yes, how many? o Does the University employee both sworn/certified law enforcement officers AND civilian security personnel to perform safety and security functions. If yes, how many? o What is the community crime rate? o What is the university enrollment? o What is the annual operating budget of the city’s Police Department? Event Center o Does the community have a multi-purpose facility, arena or convention center? If so, is it city, county, university owned? o What is the Financing structure? o Is it run by a governmental entity or a management company? Park/Recreation: Ask for examples of unique successful partnership arrangements between Universities/Colleges and community Park and Recreation agencies (could be in area of joint development/management of recreation or wellness facilities, physical education or sports facilities, arts and cultural facilities or programs). Of particular interest would be those that result in efficiency of development and operation and those that encourage integration and co- participation of students and permanent citizens of the community. 7 October 9, 2007 City Council Packet 4:30 P.M. WORK SESSION** ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 2. Proposed policy on city donations and subsidies Per Council request, city staff has drafted a proposed policy related to city donations and subsidies. The policy is in a draft form with various options intended to spur discussion of the issue. The City’s Application for City Funds is also enclosed. If adopted, the policy would be an amendment to the City Council’s Governance and Ends Policies. 8 October 9, 2007 City Council Packet City of Brookings Ends Policy 1, Financial Stability Establishing what is to be done, for whom, at what cost, and Executive Limitations to define unacceptable means Financial Stability – Key Performance Area Guideline H: Appropriation and Subsidy Policy & Guidelines Purpose. The purpose of this policy is to establish guidelines and criteria regarding the allocation and use of municipal subsidies within the City of Brookings. These guidelines shall be used in processing and reviewing applications requesting municipal subsidy assistance. Protecting the financial interest is of the City of Brookings is of the utmost importance, so it is the intent of the city to provide a minimum amount of municipal subsidies, as well as other incentives that the City may deem appropriate, for the shortest term required for the project to proceed. The City reserves the right to approve or reject projects on a case-by-case basis, taking into account established policies, specific project criteria, and demand on city services in relation to the potential benefits to be received from a proposed project. Meeting policy guidelines or other criteria does not guarantee the award of municipal subsidies. Furthermore, the approval or denial of one project is not intended to set precedent for approval or denial of another project. Whenever possible, it is the City’s intent to coordinate the use of municipal services with other local governing bodies and taxing jurisdictions. Objective of Municipal Subsidies. The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. To fulfill this commitment, the Brookings City Council will closely examine its goals and the goals of its city departments to identify outcomes that will meet the standards as outlined in the mission statement above. 9 October 9, 2007 City Council Packet The Council also recognizes that its support of programs and services outside the scope of its city departments may be necessary to fulfill the commitment and achieve the desirable quality of life for its citizens. As a matter of policy, the City of Brookings will consider using municipal funds to assist in the following areas, but are not limited to, opportunities in the areas of: ƒ Affordable Housing ƒ Arts & Culture ƒ Child Care & After School Programs ƒ Diversity ƒ Economic Development ƒ Education & Literacy ƒ Environment ƒ Government Stewardship ƒ Health ƒ Parks, Recreation & Open Spaces ƒ Partnerships ƒ Preservation/ History ƒ Safety ƒ Transportation/Transit The Brookings City Council may choose to annually allocate a specified funding amount for a specific category, regardless of the number of applicants for that particular programming area. General Guidelines for the Allocation of Municipal Subsidies The City of Brookings may allocate up to four (4) percent of the annual General Fund expenditures to subsidize community needs and programs. The City’s current and projected financial health and stability will be the key deciding factor in determining its ability to provide funds to outside organizations. In addition, the Council will consider a number of factors as defined in the City’s Funding Application when making this decision. A key factor will be the applicant’s ability to provide a service or outcome that improves the quality of life for the citizens of Brookings. The applicant must also provide a “but for” analysis which demonstrates the need for public assistance. Other factors include the applicant’s ability to become self-sustaining, the duration of the funding commitment, and operating verses capital requests. Municipal subsidy will not be used for projects that would place extraordinary demands on city infrastructure and services. Request for donations or subsidies from individuals, religious or political groups based out of the City of Brookings will not be considered. Request for donations or subsidies from qualified organizations outside of the funding timeline will not be considered. 10 October 9, 2007 City Council Packet General Guidelines for Subsidies The Brookings City Council evaluates program-funding proposals on an annual basis for funding in the following calendar year. The City’s fiscal year is January 1 to December 31. Proposals must be submitted to the City Clerk in accordance with the budget cycle schedule and proposal format outlined below. Requests may only be made during this period of time. Completed applications must be received on or before June 1st of each given year. Following, a review by the City Manager and Finance Manager, the application shall be referred to the City Council for further consideration during the annual budget meetings. Organizations applying for a donation or subsidy must submit a completed Application for Funding along with a detailed description of the project; a preliminary site plan; the amount requested; the duration of the funding request; the public purpose of the project; verifiable funding sources and uses; and a “but for” analysis which demonstrates the need for public assistance. Additional documents that may be required include the organization’s current expense statement and budget, Board of Directors listing, current Annual Report, and all other items specified in the City of Brookings Application for Funding. Budget Hearing Process. Brookings City Council budget meetings are held in the months of August and September. All budget meetings are open to the public. Applicants may or may not be invited to make a presentation on their funding proposal. Applicants are encouraged to attend all budget meetings to remain informed during the process. Applicants should be prepared to answer questions based on the application. Final action on the budget occurs at the last Council meeting in September. Brookings School District Subsidies Appropriation of public funds can be set aside for specific purposes which promote the City of Brookings mission and the local quality of life within the City of Brookings. Brookings Municipal Utilities transfers funds each year to the General Fund as a means to keep city property taxes at a low level for the citizens of Brookings. The City of Brookings may annually appropriate up to 15% of the transfer from the Brookings Municipal Utilities to the Brookings School District. Economic Development/Promotions Subsidies A subsidy from the 3rd B Fund shall meet the requirements of the SD State Statute 10-52-8*. Funds will be appropriated from the 3rd B Fund to entities with the capacity to promote and advertise the city, its facilities, attractions, and activities. In any fiscal year, the City may require the unencumbered funds be returned to the City 3rd B Fund. Subsidy Agreement and Reporting Requirements The City of Brookings requires all recipients of municipal funds to enter into appropriate agreements that identify the reason for the subsidy, the public purpose served by the subsidy, subsidy payment schedule, final the specific performance measurements to be attained, and final reporting on outcomes. Failure to provide final reporting of funds and all other required reports will make applicant ineligible for future subsidies. 11 October 9, 2007 City Council Packet The City has established the policy that financial, service and program performance measures be developed and used as an important component of decision making and incorporated into governmental budgeting. The City encourages all departments to utilize performance measures. At a minimum, performance measures should be used to report on the outputs of each program and should be related to the objectives of each department. The performance measurements should: 1. Be based on program objectives that tie to the City Council’s goals and program mission or purpose; 2. Measure program results or accomplishments; 3. Provide for comparisons over time; 4. Measure efficiency and effectiveness; 5. Be reliable, verifiable and understandable; 6. Be reported internally and externally; 7. Be monitored and used in decision-making processes; and 8. Be limited to a number and degree of complexity that can provide an efficient and meaningful way to assess the effectiveness and efficiency of key programs. All agreements and reports shall be timely prepared and filed with the City Clerk. Failure to comply with any of these requirements may result in the revocation of the requested subsidy as well as fines, repayment requirements, and a determination that the organization is ineligible for future municipal subsidies for a period of years. * Applicable State Statute: 10-52-8. Additional tax on lodgings, alcoholic beverages, prepared food, and admissions -- Purposes -- Conformance with state sales and use tax. Notwithstanding the tax rate limitations of §10-52-2 or 10-52-2.1, any municipality may impose an additional municipal non-ad valorem tax at the rate of one percent upon the gross receipts of all leases or rentals of hotel, motel, campsites, or other lodging accommodations within the municipality for periods of less than twenty-eight consecutive days, or sales of alcoholic beverages as defined in §35-1-1, or establishments where the public is invited to eat, dine, or purchase and carry out prepared food for immediate consumption, or ticket sales or admissions to places of amusement, athletic, and cultural events, or any combination thereof. The tax shall be levied for the purpose of land acquisition, architectural fees, construction costs, payments for civic center, auditorium, or athletic facility buildings, including the maintenance, staffing, and operations of such facilities and the promotion and advertising of the city, its facilities, attractions, and activities. Such taxes shall conform in all respects to the state sales and use tax on such items with the exception of the rate. 12 October 9, 2007 City Council Packet City of Brookings, South Dakota APPLICATION FOR CITY FUNDS DURING ANNUAL BUDGET CYCLE 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. Application Process: The Brookings City Council evaluates program-funding proposals on an annual basis for funding in the following calendar year. The City’s fiscal year is January 1 to December 31. Proposals must be submitted to the City Manager in accordance with the budget cycle schedule and proposal format outlined below. Please note that requests may only be made during this period of time. Completed applications must be received on or before June 8, 2007. City Budget Cycle Schedule: June 8 Submit completed funding proposal to City Manager (early submission is encouraged) June Preliminary meetings with City Manager upon invitation August Appearance before City Council upon invitation October Notification of funding Proposal Requirements: 1. Completed funding application. 2. Cover letter signed by the senior administrative official that briefly describes the project and funding request. 3. Narrative statement of program. 4. Most recent audit. 5. Most recent budget. 6. List of current board members of Board of Directors. Submission Instructions: Please read the application form carefully and refer to the Proposal Requirements for clarification. All information should be entered in the space provided or “not applicable” inserted. Incomplete applications will not be considered. o All proposals should be typed. o Submit two (2) full sets of the completed application packet. o Application packets should be assembled with a manila folder or clip; please do not use plastic covers or binders. o Mail or deliver completed application packets to Shari Thornes, Brookings City Clerk, 311 Third Avenue, City Hall, Brookings, SD 57006 (Box 270), AND o Email application packets to sthornes@cityofbrookings.org. 13 October 9, 2007 City Council Packet o All proposed handouts must be provided to the City Manager in advance for approval and distribution. Direct distribution of materials to the City Council members is not permitted. o Do not send program videotapes or architectural renderings. o Materials submitted will not be returned. o Deadline: June 8, 2007 Appearance Before City Council If the applicant is invited to the City Council meeting, no presentation is desired. The applicant should be prepared to answer questions based on the application. 14 October 9, 2007 City Council Packet City of Brookings, South Dakota APPLICATION FOR CITY FUNDS 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. Applicant Information: 1. Name of applicant: address telephone fax email address 2. Contact (individual responsible for the project): name title address (if different) telephone fax email address 3. Applicant is: ‡ nonprofit organization ‡ government agency ‡ for-profit business ‡ an individual ‡ other 15 October 9, 2007 City Council Packet Brief History of Organization/Applicant: If the applicant is a nonprofit organization, please state its mission. State the nature of the business for-profit business: Description of services provided and persons served. Indicate external evidence of program quality and distinctness. Identify the key issues facing your organization at this time. 16 October 9, 2007 City Council Packet Summary Project Description Provide the name of the project or program and describe in it in 50 words or less. Location of project or program: Date(s) of implementation: 17 October 9, 2007 City Council Packet Project Summary: (Attached narrative not to exceed 5 typed pages in 12 point font and 1 inch margins) 1. State the project and/or program’s purpose, significance, ownership, schedule and anticipated outcomes. 2. Discuss how project will help your organization position itself to respond more effectively to the issues described under the organizational information section (key issues). 3. Does this project replace another facility or program? Are there similar programs? 4. Outline total project costs, funds requested from city, funds to be provided by others. 5. Provide reliable information and projections indicating direct net impact on future city operating funds and budgets for five years. 6. Describe efforts for securing funds from others. (non-city) Is your organization eligible for grants for matching funds? 7. Will the project benefit tax revenue and if so, in what way? Is the impact measurable and, if so, what is the estimate? 8. What is the economic benefit to the community other than tax revenues? 9. Effect of completed project on organization’s overall budget. 10. List other Brookings agencies or organizations that interact and cooperate with you. 11. Describe and quantify users and or beneficiaries of the project. How many families/businesses does your program serve or affect? 12. Describe measurable goals that you intent to accomplish in the next year and two years. 18 October 9, 2007 City Council Packet Compliance with Americans with Disabilities Act and City of Brookings ADA Policies Required as Condition of Funding Title II of the ADA prohibits public entities from discriminating against or excluding people from programs, services, or activities on the basis of disability. The standard against which programs and services will be measured for the purpose of ADA compliance is one of overall program accessibility: all City of Brookings programs, services, and activities, when viewed it its entirety, must be readily accessible to and usable by individuals with disabilities. Therefore, the City of Brookings requires all city-owned and/or funded new, remodeled, and retrofitted facilities comply with the requirements of the federal Americans with Disabilities Act guidelines and all city ADA related policies. The City ADA Compliance Officer will review and approve the project scope, final plans, and bid package of all new construction, remodels, and retrofits of City owned and/or funded facilities. The scope and budget development of capital improvement projects will include the identification of ADA needs related to these projects to ensure compliance and accessibility standards. Compliance is a condition for acceptance of the funding. 19 October 9, 2007 City Council Packet Certification Acting as the duly authorized representative for the described project and its sponsoring organization/agency/business, I am submitting this request for funding for the City of Brookings. Name Title Signature Date 20 October 9, 2007 City Council Packet City Council Guidelines for Analyzing Proposals and Requests: 1. Funding Category _ Affordable Housing _ Arts & Culture _ Child Care & After School Programs _ Diversity _ Economic Development _ Education & Literacy _ Environment _ Government Stewardship _ Health _ Parks, Recreation & Open Spaces _ Partnerships _ Preservation/ History _ Safety _ Transportation/Transit 2. Funding Type: _ Capital _ Operating 3. The Effect on the Citizens a. Will services improve? b. Will members of the public find satisfaction with the program or facility? c. Does the action contribute to a diverse economy in Brookings? d. Does the action contribute to a high quality of life in Brookings? 4. Financial Impact a. Relation to Budget. b. Relation to Capital Improvement Plan. c. Relation to Cash Flow. d. Relation to future Budgets and Plans. 5. Relationship to Ends Policies. a. Council Goals. b. Affected Departmental Goals. 6. Staff a. Is there a management recommendation? b. Is the request or proposal able to be met and/or implemented? 7. Others a. Has it been adequately researched by staff and presenter? b. Does it require a change in policy? 21 October 9, 2007 City Council Packet c. Have those affected been involved? d. Has the proper committee, if necessary, been involved? 22 October 9, 2007 City Council Packet 4:30 P.M. WORK SESSION** ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 3. Transportation Study Report - Recommendations On September 25th, Dave Ripplinger from the Small Urban & Rural Transit Center, Upper Great Plains Transportation Institute, North Dakota State University, Fargo, North Dakota, presented the enclosed Transportation Study Report for the Council and public. The full report is enclosed is and is also available on the front page of the city’s website – www.cityofbrookings.org The City Council will review and discuss Mr. Ripplinger’s proposed recommendations during the October 9th work session. They are as follows: • Establish a coordinated Transportation Board. • Build support for same-day, coordinated service. • Revise existing City Transportation Funding Allocation and Oversight Policy. • Study expanded fixed-route services. • Consider role of transportation in large event planning. • Consider vanpool services. • Incorporate Community Transportation into emergency planning. Estimated Time (20 minutes) 23 October 9, 2007 City Council Packet 4:30 P.M. WORK SESSION** ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 4. Brookings Airport NAV-AIDS/ WAAS (Wide Area Augmentation System). A letter was presented to the City Council at their August 28th meeting regarding the option of using a Wide Area Augmentation System (WAAS) at the Brookings Airport (see attachment). Mike Wilson, Brookings Airport Manager, contacted the Federal Aviation Administration Airport District Office and Andy Olson from HNTB for input on this issue. Mike Wilson has provided the following information: To: Brookings City Council From: Mike Wilson, Airport Manager Date: September 26, 2007 RE: WAAS option for Brookings Airport I spoke with our Federal Aviation Administration Airport District Office regarding the Wide Area Augmentation System (WAAS) letter. FAA clearly stated that a WAAS system would not improve any issues at our airport, either short-term or long-term. One reason is that the imaginary airspace surfaces around the airport, (approach, transitional, part 77) would not change. Furthermore, the ILS would be removed from service before the end of it’s useful life, and the FAA would likely require reimbursement of the cost. The letter suggested that the threshold could be displaced, however, this would not improve the situation because the Runway Protection Zone would not move. The displaced portion of runway is still usable for departure operations, which keeps the RPZ in the same location. Removing that portion of the runway is not a good option because the RPZ would widen, which would create more structures to be in the RPZ. FAA is also against removing portions of runway that they paid to install and most recently to overlay. FAA views this request differently from the option of realigning the runway or moving the airport, since we would still have a runway of the same or greater length with those options. I have also watched large corporate aircraft operate at the Brookings Regional Airport: these aircraft sometimes use our entire runway for landing and taking-off and decreasing the runway length would be a safety concern for these aircraft. One additional concern of the WAAS system is the cost to the aircraft owner. Most of the aircraft flying into the Brookings airport do not have GPS with WAAS capabilities. This would create a financial hardship for the current airport users if all of the aircraft were required to purchase this type of equipment. 71 October 9, 2007 City Council Packet 4:30 P.M. WORK SESSION** ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 5. Red Rink Policy. Memo from Tom Richter, Executive Director, Swiftel Center: “The current policy for the Red Rink is not to use that area of the Larson Ice Center for housing animals. The Red Rink was used for three years for stalling a portion of the Arabian Horses for the Region 6 Arabian Horse Show. The Arabian Horse Show has now moved for three years to Rapid City. We have been told they will be accepting bids for the years 2011 – 2013 in June 2008. The South Dakota Quarter Horse Association Horse Show we currently host in June has their annual meeting November 2 and 3, 2007. At this meeting they will decide their show schedule for 2008. Their biggest concern is if there will be enough stall and warm up space available for their show. They are anticipating needing between 150 and 200 stalls. To have a large warm up arena and enough space for up to 200 stalls with out renting tents we would need to use the entire Larson Ice Center. The Show Arena will be in the Swiftel Center. We need to know how to proceed with both of these shows. “ Memo from Allyn Frerichs, Park/Recreation/Forestry This brief background information relates to the October 8th City Council Work Session agenda item concerning Larson Ice Center Red Rink, and covers the history, as I remember it, of the City Council Policy adopted about four years ago, which permitted use of the Red Rink for the Arabian Horse Show in 2005, 2006 and 2007. When the Swiftel Center prepared the bid to host the Arabian Show, they knew the numbers would require the use of the entire Ice Center, as well as the Swiftel arena, in order to accommodate pens, warm up area and performance arena. An administrative decision was made by the City Manager, with concurrence from myself and the Park & Recreation Board, that this would be permissible and was in accordance with the original intent that the Ice Arena should be a multi-use facility. However, the Brookings Ice Skating Association disagreed with this decision, feeling that they had been assured the multi-use provision had not included animal events in the Red Rink. Eventually, the City Council chose to make a policy decision that pertained to only the three years of the Arabian Horse Show – 2005, 2006 and 2007, allowing the use of the Red Rink, providing adequate precautions were in place to prevent damage to the facility. Those three years have passed, and the Arabian Show will be hosted elsewhere the next three years. The Swiftel Center now wishes to request use of the Red Rink for other horse shows next summer and thereafter, so this will require the issue to be re-visited by the City Council, as current policy, according to the September 23, 2003 Council Minutes, states that use of the Red Rink would be via City Council approval on a case-by-case basis. 76 October 9, 2007 City Council Packet Brookings City Council Tuesday, September 9, 2003 The Brookings City Council convened in a special planning meeting with the Event Center Board on Tuesday, September 9, 2003 at noon in the Research and Technology Center with the following members present: Mayor Scott Munsterman, Council Members Tim Reed, Tom Bezdichek, Julie Whaley, Mike McClemans, and Doris Roden. Council Member Tom Bozied was absent. Members and staff of the Events Center Board, City Manager Mike Williams, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Long Range Planning. The Event Center Board distributed the following statement: “The vision of the development of the Wiese Industrial park from the mid 1990s has in large part been completed. The original site plan is enclosed. The vision of today, approximately 8 years later, is similar in scope….The Brookings Event Center Board vision for the future contains the following: Convention Center, Hotel (attached or in close proximity), RV sites, additional parking, livestock stalling facilities, storage building, and R&T Center expansion.” Hotel. The Department of Transportation land will soon be vacant. The area south of the tree grove was also discussed. Parking. The City Manager was asked to prepare a cost analysis and timeline on additional parking spaces. Livestock Stalls. Most shows will require 200 to 300 stalls. They currently have 100 stalls in the Center and 75 stalls in the Ice Center blue rink. An additional 125 stalls are needed if the red rink is not utilized. Usage of the Larson Ice Center. The following policy guideline was approved on September 8th at the regular meeting of the Park & Recreation Board. The policy covers year- round use of the facility, but of particular interest at this time is the last section covering special activities, which includes animal events. “Motion was made by Bill Everding, seconded by Scott Herreid that the request of the Swiftel Center to use the Red Rink for animal pens in order to facilitate hosting a Regional Arabian Horse Show in 2005, 2006, 2007 be approved; contingent on meeting conditions of the policy on use of the Larson Ice Center, and that all direct costs to the Larson Ice Center for this event be recovered by the Parks and Recreation Department.” Swiftel Center Draft Policy and Capital Improvement Plan. These items were deferred to a future meeting. 77 October 9, 2007 City Council Packet Brookings City Council Tuesday, September 23, 2003 The Brookings City Council held an action meeting on Tuesday, September 23, 2003 at 5:30 p.m. at City Hall with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek, Tom Bozied, Tim Reed, Julie Whaley, Doris Roden, and Mike McClemans. City Attorney Steve Britzman, and Shari Thornes, City Clerk, were also present. City Manager Mike Williams was absent. Larson Ice Center – Policy Recommendation. A motion was made by Munsterman, seconded by Bezdichek, to approve a policy with the following amendments: 1) Use of the Larson Ice Center red rink would be via the City Council approval on a case-by-case basis; 2) The policy clearly define who is responsible for clean-up of the Larson Ice Center and at what condition would be required. 3) Regarding the Swiftel Center usage, the City Council commit themselves to finishing a long term site plan for that area taking into consideration the scope of the Swiftel Center. A motion was made by McClemans, seconded by Bozied, to amend the main motion to state the Larson Ice Center red rink be not used for animals at all. All present voted yes except Bezdichek, Reed, Roden, and Whaley; motion failed to amend. A motion was made by Roden, seconded by Bezdichek, to amend the main motion to address the three points individually. All present voted yes; except Munsterman, Reed, and Bozied; motion carried to amend. Main motion 1) Use of the Larson Ice Center red rink would be via the City Council approval on a case-by-case basis. A motion was made by McClemans, seconded by Reed, to amend the main motion to state the Larson Ice Center be available 3 times 2005, 2006 and 2007 for the Arabian Horse Show, if no other suitable building is available. All voted yes; motion carried to amend. On the main motion as amended, use of the Larson Ice Center red rink would be via City Council approval for three times in 2005, 2006, and 2007 for the Arabian Horse Show, if no other suitable building is available. All present voted yes; motion carried. Main Motion 2) The policy clearly define who is responsible for clean-up of the Larson Ice Center and at what condition would be required. All present voted yes; motion carried. Main Motion 3) Regarding the Swiftel Center usage, the City Council commit themselves to finishing a long term site plan for that area taking into consideration the scope of the Swiftel Center. All present voted yes; motion carried. LARSON ICE CENTER POLICY ON PRIORITIES AND USE GENERAL Brookings Parks and Recreation Department is responsible for operation of the Larson Ice Center as an ice skating and multi-purpose recreational facility. To further define priorities, 78 October 9, 2007 City Council Packet suitable and appropriate multi-purpose use, these guidelines are necessary to determine policies for operation of the Ice Center facility. PRIORITIES Ice skating and related activities are the priority use of the Larson Ice Center, with no exception. During non-ice (dry floor) times, other community recreation activities will have priority use of the Ice Center, with exceptions permitted. Second priority will be use by non- profit and charitable agencies, including Swiftel Center activities. Third priority use during non- ice time shall be for commercial and private for-profit rentals. Priorities shall be administered through the Recreation section of the Parks and Recreation Department. Special requests for exceptions that do not fall within the scope of these guidelines and policy shall be referred to the Park and Recreation Board for review and a decision. ICE SEASON USE Ice Season The Larson Ice Center ice season shall include the traditional winter months of late October through March, with extended time at either end by mutual agreement with skating organizations. In addition a summer ice season will be scheduled during late July thru mid- August each year in the Red Rink. Only ice skating or ice related activities will take place during those times ice is in place and ice will not be removed for other uses of the facility. OFF SEASON (DRY FLOOR) USE Multi-Purpose Activities Following previously described priorities, it shall be the goal of the city and Parks and Recreation Department to promote as many “dry floor” activities as possible during off-season periods of no ice. In determining the extent of use and what constitutes an appropriate activity relative to the suitability of the building to accommodate such use, several factors will be considered: 1. Recovery of direct and overhead costs. A. Rental fees shall be adequate, if possible, to cover all direct costs to the city, such as building preparation, post-use cleanup if necessary, use of special equipment, tables, chairs, security, etc. B. Rental fees must also cover the utility costs for the period being used. 2. Potential damage to facility. A. Activities shall not be permitted that have a high likelihood of permanent damage. B. When a small probability of repairable damage is possible, a bond, property insurance coverage, or a refundable deposit fee shall be included in the rental contract. C. When protective measures or equipment are necessary to prevent potential damage, these items shall be available and required as part of the use agreement. 79 October 9, 2007 City Council Packet 3. Suitability of facility for special activities. Blue Rink (Practice Rink): A. Proximity to adjacent dirt floor multi-purpose area/holding barn and connecting overhead door passages were intended to allow occasional use for Swiftel Center animal events, with appropriate precautions and special accommodations. B. Floor events such as roller-blading and roller skating, auto shows, auction sales, etc. are suitable events on the unpainted floor. Red Rink (Competition Rink): A. Limited use as a support facility for Swiftel Center events, such as trade shows; rummage and auction sales are also suitable uses on the painted floor. B. Not intended for animal events, except on a very limited and occasional basis, upon request. Requests to be approved by Park and Recreation Board and only if adequate safeguards can be assured to prevent damage to the floor and boards. Multi-Purpose (Dirt) Floor: A. When not in use by Swiftel Center for scheduled events, multi-purpose area shall be available for city recreation related activities. A motion was made by McClemans, seconded by Roden, that the City Council review the operating agreement between the Park and Recreation Board and Swiftel Center prior to it being signed. All present voted yes; motion carried. A motion was made by Bozied, seconded by McClemans, to enter executive session for personnel reasons at 8:25 p.m. with the City Attorney and City Clerk present. All present voted yes; motion carried. A motion was made by Bozied, seconded by Whaley, to leave executive session at 9:35 p.m. All present voted yes; motion carried. 80 October 9, 2007 City Council Packet Brookings City Council May 10, 2005 The Brookings City Council held an action meeting on Tuesday, May 10, 2005 at 5:30 p.m., at City Hall with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek, Michael Bartley, Tim Reed, Julie Whaley, Ginger Thomson, and Michael Reitz. City Manager Alan Lanning, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Consent Agenda. Authorization for the Mayor to sign a letter in support of the Santee Sioux Tribe’s regional economic development proposal and a discussion regarding the use of the Larsen Ice Center Red Rink were added to the agenda. A motion was made by Reed, seconded by Whaley, to approve the consent agenda which included: 1. Adoption of the agenda as amended, and 2. Approval of April 26th Minutes. All present voted yes; motion carried. Larson Ice Center Red Rink. Alan Lanning requested council interpretation of the policy to determine if the following event was consistent or inconsistent with the policy. Description: The Arabian Horse Show in June is scheduled to use the blue rink as the performance arena for their show June 21-26th. As planned, the floor in the blue rink will have the special sand/clay mix hauled in for the show. On June 4th the blue rink is rented by the Brookings Rabbit Club for their annual spring rabbit show. The rabbit show must be held on a concrete floor for ADA accessibility and convenience of the exhibitors. A scheduling issue has arisen, since the Swiftel staff would like to have the sand hauled in before June 4th, so that other work can take priority during the first two weeks of June, getting ready for the show. There are no other events scheduled in the blue rink between now and June 21st. In order to accommodate Swiftel’s request, it has been tentatively decided to move the rabbit show to the red rink. There may be a question or concern if the red rink is used for the rabbit show, due to a statement in the Larson Ice Center Policy adopted by the City Council on April 6, 2004, which states, regarding the red rink: No live animal events (other than the 2005, 2006, 2007 Arabian Horse Show already approved prior to this agreement). It is believed that the intent of the “No Animal” statement in the policy agreement was directed toward what might be described as more traditional farm animals (horses, cattle, sheep etc.). A rabbit show is a carry- cage event; all judging is done on tables, etc. There is really no chance of damage to the floor or any other negative effects. The show has been held in the old ice arena and in the red rink the year it opened and the blue rink the last two years. Discussion: Whaley spoke out against any animals ever being in the red rink and to follow the policy. Bartley recommended the Park and Recreation Board reexamine the rule. No action was taken. 81 October 9, 2007 City Council Packet 4:30 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. 6. Review of 6:00 p.m. meeting topics. At this time the City Manager will note any changes to the published agenda and respond to questions council members have any agenda item. 1. Call to order. 2. Pledge of Allegiance. 3. City Clerk records council attendance. 4. Action to approve the following Consent Agenda Items * A. Agenda. B. Minutes. 5. Open Forum. 6. SDSU Report. Ordinances – 1st Readings ** Public Hearing: ** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public hearing is announced. Ordinances – 2nd Readings: 7. Ordinance No. 29-07: A conditional use to establish a boardinghouse for four (4) persons on the east 5 feet of Lot 3, all of Lot 4, and the west 10 feet of Lot 5, Block 9, Pleasant Hill Addition (1010 1st Street). Action: Open & close public hearing, Motion to approve, roll call 8. Ordinance No. 30-07 - Amendments to the Zoning Ordinance pertaining to signs. Action: Open & close public hearing, Motion to approve, roll call 9. Ordinance No. 31-07: Action to rezone the west 1,920 feet of the north 1,320 feet of the SE ¼ of Section 18-T110N-R49W from an A Agricultural District to an Industrial I-1 District (north of Hwy 14 By-pass and east of I-29). Action: Open & close public hearing, Motion to approve, roll call 10. Motion to approve a preliminary plat of Blocks 10-12, Freeland Addition. Action: Motion to approve, request public comment, roll call 11. Executive Session for Personnel Reasons. Action: Motion to enter executive session – voice vote Motion to leave executive session – voice vote 82 October 9, 2007 City Council Packet 4:30 P.M. WORK SESSION** ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 7. City Clerk's Reports: o Topic introduction for future agendas. October 23rd 9 Storm Water Management Update by Jackie Lanning (20 minutes) 9 Campaign Finance Ordinance / Political Action Committees 9 Amendment to agreement between City of Brookings and State of SD (DOT property) 9 Executive Session - City Manager Recruitment 9 Liquor Store Quarterly Financial Reports (10 minutes) 9 R&T Rental Rates 9 Comprehensive Traffic Study 9 Presentation of Housing Study by Al Heuton 9 FAA Update by Jackie November 5 & 6 – INTERVIEWS 9 ACTION: Candidate Profiles/Recommendations of Finalists to City Council (executive session) November 7th – Special meeting 9 Action to extend offer to finalist (special meeting) November 13th – Council Meeting -4:00 pm start time 2-4 pm Open House / Streetscape 4:00 pm start time 9 Streetscape Project 5:00 pm 9 City Attorney contract (expires 12/31/07) 9 Resolutions on Reserves 9 Presentation of 2006 financial reports by Auditors (not confirmed) 83 October 9, 2007 City Council Packet o Briefing on upcoming council invitations and obligations. Date Day Event Time Location Oct. 9th Tuesday City Council Oct. 11th Thursday VISIONING 8 am to 7 pm Swiftel Center Oct. 14th Sunday Diversity Potluck 5:00 pm Old Sanctuary Oct. 19th Friday LUCA Census Mtg Sioux Falls Oct. 23rd Tuesday City Council Oct. 28th Sunday Diversity Potluck Sponsored by Human Rights Committee 5-7 pm Old Sanctuary Nov. 5th Monday INTERVIEWS Nov. 6th Tuesday INTERVIEWS Nov. 7th Wednesday Special Meeting Nov. 11th Sunday Veteran’s Day 2:00 pm Swiftel Center Nov. 13-14 Tues/Wed SD Housing Annual Conference Pierre Nov. 13-17 Tues-Sat NLC Conference New Orleans Dec. 4th Tuesday City Council Dec. 6th Thursday Mayor’s Christmas Party 5:00 pm Art Museum Dec. 11th Tuesday City Council Jan. 8th Tuesday City Council Jan. 22nd Tuesday City Council 84 October 9, 2007 City Council Packet 4:30 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. 8. City Council Member introduction of topics for future discussion. Any Council member may request discussion of any issue at a future meeting only. Items can not be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 85 October 9, 2007 City Council Packet 6:00 p.m. Meeting Agenda 6:00 P.M. REGULAR MEETING 1. Call to order. 2. Pledge of Allegiance. 3. City Clerk records council attendance. 4. Action to approve the following Consent Agenda Items * A. Agenda. B. Minutes. Action: Motion to approve, roll call * Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 5. Open Forum. 6. SDSU Report. Ordinances – 1st Readings ** Public Hearing: ** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public hearing is announced. Ordinances – 2nd Readings: 7. Ordinance No. 29-07: A conditional use to establish a boardinghouse for four (4) persons on the east 5 feet of Lot 3, all of Lot 4, and the west 10 feet of Lot 5, Block 9, Pleasant Hill Addition (1010 1st Street). Action: Open & close public hearing, Motion to approve, roll call 8. Ordinance No. 30-07 - Amendments to the Zoning Ordinance pertaining to signs. Action: Open & close public hearing, Motion to approve, roll call 9. Ordinance No. 31-07: Action to rezone the west 1,920 feet of the north 1,320 feet of the SE ¼ of Section 18-T110N-R49W from an A Agricultural District to an Industrial I-1 District (north of Hwy 14 By-pass and east of I-29). Action: Open & close public hearing, Motion to approve, roll call 10. Motion to approve a preliminary plat of Blocks 10-12, Freeland Addition. Action: Motion to approve, request public comment, roll call 11. Executive Session for Personnel Reasons. Action: Motion to enter executive session – voice vote Motion to leave executive session – voice vote 86 October 9, 2007 City Council Packet 6:00 p.m. Meeting CONSENT AGENDA #4 4. ACTION TO APPROVE THE FOLLOWING CONSENT AGENDA ITEMS A. AGENDA. B. MINUTES Action: Motion to approve, roll call 87 October 9, 2007 City Council Packet B. MINUTES. The minutes from the September 25th City Council meeting are enclosed for review and approval. 88 October 9, 2007 City Council Packet Brookings City Council September 25, 2007 (unapproved) The Brookings City Council held a meeting on Tuesday, September 25, 2007 at 5:00 p.m., at City Hall with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek, Julie Whaley, Mike Bartley, Ryan Brunner, Tim Reed and Ginger Thomson. City Manager Dennis Falken and City Clerk Shari Thornes were also present. City Attorney Steve Britzman was absent. SDSU Transportation Study Alex Brown, SDSU Student Senate President, briefly reviewed the “Campus Transit Development Planning: A Case Study Prepared for Brookings Area Transit Authority,” which was prepared by David Ripplinger, Small Urban & Rural Transit Center, Upper Great Plains Transportation Institute, NDSU, in July 2007. Brookings Transportation Study Report. David Ripplinger from the Upper Great Plans Transportation Institute at NDSU presented a Transportation Gap Analysis on Taxi Service and Public Transportation in Brookings. He said their objective was to identify and provide recommendations regarding passenger transportation funding and oversight alternatives for the City of Brookings. The end result is a community resource that will assist in future transportation planning and funding decisions. In their study, they found no significant gaps in service, but pleasantly found a moderately high level of coordination of transportation. Some areas of concern are same-day transportation, intercity transportation, youth and school transportation, large event transportation, emergency mitigation, signs and way finding. Some potential service opportunities are coordinated same-day transportation, fixed-route service, and vanpooling. Their recommendations to Brookings include: revise the existing City Transportation Funding Allocation and Oversight Policy, recognize the role of private enterprise, coordinate, funding, and reporting. Ripplinger researched eight communities in South Dakota of comparable size to Brookings: Aberdeen, Watertown, Mitchell, Pierre, Yankton, Huron, and Vermillion. In the communities that offered Taxi Service, four (Aberdeen, Brookings, Huron and Yankton) have privately-owned Taxi Service, two (Mitchell and Watertown) have city-owned Taxi Service, and 2 (Pierre and Vermillion) don’t have Taxi Service. Two (Brookings and Mitchell) have city-funded Taxi Service. Brookings Taxi Service is privately-owned and Mitchell Taxi Service is City-owned. In the communities that also offered Public Transportation, seven (Pierre, Aberdeen, Watertown, Mitchell, Brookings, Yankton, and Vermillion) have city-funded public transportation, one (Mitchell) is city-owned and the other seven are non-profit organizations. 89 October 9, 2007 City Council Packet In regards to city-funded monies, Brookings was fifth with $25,000, where Pierre was the highest with $89,000 and Vermillion the lowest with $7,500, with Huron not funding any Public Transportation. Some additional recommendations to Brookings in working on Taxi and Public Transportation issues are: to establish a coordinated transportation board, to support same-day coordinated service, to study expanded fixed-route service, to consider the role of transportation in large event planning, to consider feasibility of van pool service, and to incorporate transportation in emergency planning. Munsterman asked if Ripplinger had a funding allocation recommendation. He did not wish to comment on funding; noting that was a policy matter and each community is different. The Council needs to do what is best for Brookings. He noted that having a quality cab service is a benefit to the citizens. Bartley asked if Easy Cab, the other taxi provider, was contacted to participate in the study. Yes, attempts were made to contact them; however, due to the sporadic nature of their service Ripplinger determined there was no impact. Bezdichek asked about the impact of a central air service or lack of service on the locating of business and industry. Ripplinger said the report didn’t note a negative impact and it would be beneficial if an airport shuttle service were available. Bartley asked if there were recommendations if the Essential Air Service (EAS) was to end. Ripplinger said if the EAS is lost there would be some impact. However, when he thinks of gaps of service he thinks of the needs of low income, elderly, and disabled. Driving to Sioux Falls for air service isn’t a “gap in service” or a hardship. Thomson questioned why Brookings is the only community providing a subsidy for taxi service. She contacted the City of Watertown and learned that a private operator runs the taxi with six employees 24 hours, seven days a week, without public subsidies. She questioned why it’s necessary for Brookings to subsidize a private taxi company $55,000 per year. Ripplinger said the biggest issue is that there are many people in Brookings who rely on the taxi. There is a place in the transportation plan for taxi operators. What the city is willing to pay for that service is local. They also have the capability of leveraging funds to receive additional money through federal sources. Reed suggested the City could still look at a subsidy but direct it to the need through a discount ride pass. He said the issue the Council can address right now is the creation of a Transportation Board. This item will be placed on a work session yet this year. Visitor Promotions Committee Report. Victoria Blatchford, VPC Chairperson, provided the Council with a brief review of the timeline: July 2005 3rd B Tax went into effect, January 2006 started receiving funds, April 2006 created the committee under Chamber/CVB, May 90 October 9, 2007 City Council Packet 2006 hired a Community Events Coordinator, June 2006 created priority action steps, February 2007 created Visitor Promotions Committee, and that brings us to September 2007 where the new “Imagine” campaign is underway. The VPC created some action steps to include: return on investment from events and promotions, proactively promote or create sustainable events, communication pipeline of events to coordinate efforts, and to attract out of town and local consumers as well as businesses. Within their promotional plan is an intermediate plan through December 2007 or January 2008. This plan has several goals that include: to build community awareness and increase traffic in Brookings, to capture dollars being spent outside Brookings, to promote Brookings as a great place to live, work and play, to be an active part in the visioning process to market Brookings, to be part of the collaborative effort to further the economic development and growth of our community, and to develop a long-range promotional plan. Their current marketing plan platform is “Imagine Life in Brookings, SD.” They are currently using a website (www.ImagineBrookings.com) through the Chamber site www.BrookingsSD.com, advertising Brookings on two Billboards North and two Billboards South of Brookings along I-29, promoting local events, and airing television commercial on Keloland Television. Financials: The 3rd B Tax has been increasing every year. Beginning in 1999 with a year end total of $131,853.13 to August 2007 with a balance to date of $464,026.47. In the PC Budget, one will notice that there was a carry-over of funds from 2006 to 2007. That was caused by funding that was cut early 2006 and reinstated late 2006, not leaving time enough opportunity to spend all allotted dollars. Amounts that were carried over are: Visitor Promotion Fund $160,354.14, Swiftel Fund $45,000 and Student Fund $26,000. In 2007, the Committee began the year with $225,000, in addition to the amount carried over from 2006. In February 2007, the Committee saw structure changes when the Committee became a City Committee. The Committee is developing methods to use the money to promote Brookings. The carry over balances are being utilized to develop a promotional plan through a number of venues that will begin community awareness. The Committee continues to use the money to sponsor events and help develop the events. The Committee is also developing an immediate promotional plan to attract visitors and promote top of mind awareness to market Brookings. As the community visioning process is completed in late 2007, the Committee will develop a long term promotional campaign for accomplishing the vision and goals set for the community. She went through a listing of first time events, reoccurring events, requests, sponsorships, and shared the dollar figures in regards to projected and actual economic impact on Brookings, as well as money retained in the community. 91 October 9, 2007 City Council Packet Bridgit shared some of the highlights of her position as Community Events Coordinator. Some of those highlights include: rules and regulations for public meetings, parliamentary procedure, formula for figuring economic impact, how to prepare an application for funding, develop working relationships with a number of event organizers and take part in the planning and organizing for an event, marketing, advertising, business writing, public speaking, the process involved in branding your city, registering and recruiting volunteers, and of course the chance to attend some events I normally may not have attended. 6:00 P.M. CITY COUNCIL MEETING Consent Agenda: A motion was made by Whaley, seconded by Bezdichek, to remove Res. 63 from the consent agenda. All present voted yes; motion carried. A motion was made by Reed, seconded by Whaley, to approve the consent agenda as amended. All present voted yes; motion carried. A. Agenda, as amended. B. Resolution No. 63-07 – removed from Consent Agenda. C. Resolution No. 64–07: Resolution Setting the 2008 Storm Drainage Fees. Resolution No. 64-07 Setting The Unit Financial Charge For 2008 Storm Drainage Fees WHEREAS, Chapter 72, Section 72-1 (b), of Code of Ordinances for the City of Brookings, provides for setting the unit financial charge of Storm Drainage, by Resolution. NOW THEREFORE, BE IT RESOLVED that the unit financial charge shall be .00036 for Storm Drainage purposes. Resolution No. 63-07 – Change Order. A motion was made by Thomson, seconded by Reed, to approve Resolution No. 63–07, Change Order No. 1 (CCO#1) for 2007-03SSI Indian Hills Drainage Project. Discussion: Whaley questioned what the final appearance of the site would be and if additional safety items such as fences were planned. Jackie Lanning, City Engineer, said once the area is seeded it will be mowed and maintained. The side slopes have been adjusted to make it as mobile as possible. It will have the appearance of a grassy swale. To prevent algae build-up, they have installed additional pipe. On the motion, all present voted yes; motion carried. Resolution No. 63-07 A Resolution Authorizing Change Order CCO#1 For 2007-03SSI Indian Hills Drainage Project (Rounds Construction, Inc., Brookings, SD) Be it resolved by the City Council that the following change order be allowed for 2007-03SSI, Indian Hills Drainage Project: Change Order Number 1: Adjust bid quantities to include the addition of the following items: furnish and install 24” arch RCP and flared ends, furnish and install 6” perforated HDPE with rock and geotextile fabric, and work to adjust the weir length on the existing pond, at the appropriate unit prices as bid for a total increase of $30,726.43. 1st Reading - Ordinance No. 29-07 – Conditional Use. First reading was held on Ordinance No. 29-07: A conditional use to establish a boardinghouse for four (4) persons on 92 October 9, 2007 City Council Packet the east 5 feet of Lot 3, all of Lot 4, and the west 10 feet of Lot 5, Block 9, Pleasant Hill Addition (1010 1st Street). Public Hearing: October 9th 1st Reading - Ordinance No. 30-07 – Signs. First reading was held on Ordinance No. 30- 07: Amendments to the Zoning Ordinance pertaining to signs. Public Hearing: October 9th 1st Reading - Ordinance No. 31-07 – Rezone. First reading was held on Ordinance No. 31-07: Action to rezone the west 1,920 feet of the north 1,320 feet of the SE ¼ of Section 18- T110N-R49W from an A Agricultural District to an Industrial I-1 District (north of Hwy 14 By- pass and east of I-29). Public Hearing: October 9th 2nd Reading - Ordinance No. 27-07 – Budget. A motion was made by Reed, seconded by Thomson, to approve Ordinance No. 27-07: Fiscal Year 2008 Appropriation Ordinance, an Ordinance appropriating monies to fund the necessary expenditures and liabilities of the city of Brookings for the 2008 Fiscal Year and providing for the annual tax levy and annual tax for all funds. Discussion: Reed noted that when he made a motion at a previous meeting to add funding for code enforcement, they had discussed the funding coming out of surplus or undesignated funds and added back in as revenue. He questioned the current reporting method because it isn’t clear that reserve funds are being used. Munsterman said it was okay for this year, but if this is an ongoing issue it will require further discussion next year. AMENDMENT: A motion was made by Thomson, seconded by Bezdichek, to reduce the taxi subsidy by $25,000 and reallocate those funds to the Brookings Area Transit Authority. Discussion: Thomson said she doesn’t see why the taxi needs $55,000 from the city to operate when the city of Watertown doesn’t subsidize their taxi anything and they give $40,000 to public transit. She didn’t think the Brookings Taxi was doing business as well as it could be. If there is Federal money that could be leveraged, she’d like to see more coordinated efforts and a zero subsidy eventually. Rita Thompson, City Finance Manager, noted that the Transportation Study presentation heard earlier in the meeting recommended more discussion about the transportation issue. She said the change proposed by Council Member Thomson wouldn’t require an amendment to the budget ordinance. All funds related to transportation could be as one line item and the Council could decide at a later date how to distribute it. AMENDMENT: A motion was made by Thomson, seconded by Bezdichek, to amend her motion to remove line item money for the Taxi and BATA and move it into the “other transportation” line for a total of $85,733. Falken said it will be important for the City Council to meet and discuss this issue. There have been many changes to the transportation system over the years and there are reasons why it is subsidized. One of which is to keep the rates low for the citizens in need. They could certainly charge more for fares; however, they are providing a service. There are a number of people who require the taxi for 93 October 9, 2007 City Council Packet transportation to work and to medical appointments. He has met with representatives of BATA and the Taxi and left them to work out the issues. It’s possible that the taxi could become an arm of BATA and use the same funding sources. He noted that the taxi company isn’t getting rich by the subsidy. He wouldn’t want to take away $25,000 from their annual funds without meeting with them. Bartley agreed and the taxi has a business plan that is structured for the year. This action could cause them to close down. He recommended leaving the arrangement as it is because there are several areas of policy the Council needs to review. Reed thought there were many other things that could be done such as providing vehicles to the company through Federal funds or subsidizing the riders. He recommended getting a Transportation Board up and running and work over next six months to decide how to go forward with funding. Bartley noted that Federal funding applications are a year out and so is this issue. The City needs to move toward central transportation and it would be short sited to pick on one part or business. Thomson felt anyone assuming that their funding applications would be adopted was making a mistake. They should be operating with assumption that they will get funds but don’t know for sure. Bartley was concerned that the representatives of the taxi weren’t at the meeting to defend themselves and for that reason it wouldn’t be a fair decision. Falken noted that the cost of cars isn’t the issue, it’s the operating costs of the employees and insurance that’s the problem. On the amendment, all present voted yes; motion carried. Bartley asked for clarification on what was changed in the budget to adjust for the $75,000 of funding for the Boys and Girls Club. Rita Thompson noted the following changes: increased the transfer from the liquor fund by $30,000, decreased the City Managers Contingency by $7,000, decreased the Contingency by $20,000, decreased the Community Cultural Subsidy by $2,000, and decreased the School Districts Subsidy by $16,000. Bartley asked if there was any consideration to using Third B money for the Boys & Girls Club. Thompson said no, but Watertown does subsidize their Club with Third B funds but doesn’t know if our ordinance would allow it. Munsterman said the City ordinance follows state law and felt it would be a stretch to allow funding the club. Bartley asked if the city wrote something more restrictive. Thompson said the City’s ordinance mirrors state law and was amended slightly allowing funds for emergency capital needs. Munsterman said the Third B state law defines use and recommended the entire Council review that law again. Thompson noted that the Watertown club is unique in that the City gave $400,000 for a recreation center and their city recreation program uses that facility. It’s a totally different structure than ours. 94 October 9, 2007 City Council Packet The Council asked that the City Attorney review the issue. Bartley said the City Council needs to look at a policy at a future work session concerning what the City is willing to spend on these activities. He suggested funding by category. He also expressed concern about providing funds to organizations that compete with city programs. Munsterman agreed and said the Council should also discuss the school district funding. Bezdichek felt further review of the agreement between the school and Brookings Municipal Utilities was needed. Thompson noted that the funding levels used to be six percent of the gross revenues, but now it’s based on reserves from the capital plan. On the motion to approve (as amended), all present voted yes; motion carried. 2nd Reading - Ordinance No. 28-07 – Conditional Use. A motion was made by Bartley, seconded by Whaley, to approve Ordinance No. 28-07: A conditional use to establish a 4-unit apartment in the Residence R-2 District on Lots 1 and 2, Block 2, Timberline Addition (404/406 and 410/412 Telluride Lane). All present voted yes; motion carried. Resolution No. 65-07 – Capital Assets. A motion was made by Thomson, seconded by Whaley, to approve Resolution No. 65-07, a policy regarding Capital Assets. RESOLUTION NO. 65-07 - CAPITAL ASSET POLICY Whereas, the City of Brookings is committed to maintaining accountability of all property under its control, and Whereas, it is therefore necessary to provide a standard method of maintaining records for capital assets of the City and to insure that all City departments comply. NOW THEREFORE, BE IT RESOLVED by the City of Brookings, South Dakota that the following Capital Assets Policy be adopted to provide control and accountability over all capital assets of the City. CITY OF BROOKINGS CAPITAL ASSET POLICY The purpose of this capital asset policy to 1) to provide control and accountability over capital assets, 2)to provide uniform procedures for furnishing information needed for effective analysis and control of capital expenditures, and 3) to provide a data base of inventory information to meet the reporting needs for the preparation of the Cities financial statements. The Benefits of Inventory System: 1. Property control and accountability through a comprehensive citywide inventory system. 2. Improved equipment utilization through control and identification of capital assets. 3. Database to meet the GAAP, Federal grants and City of Brookings requirements. 4. Data base to meet requirements of proper risk management and provide basis for identifying equipment for the City’s insurance. 95 October 9, 2007 City Council Packet 5. Basis for management to project and budget future capital replacement requirements. The Finance Department is required to: 1. Establish a Generally Accepted Accounting Principles (GAAP) based accounting system and procedures to ensure the cities assets, including capital assets, are properly accounted for. 2. To provide a standard method of maintaining records for the cities owned equipment that city departments must follow. 3. To provide for the maintenance of an inventory of city owned or controlled land resources by the City. Policies differ in cases of absolute title and residual title. 1. When an external entity, such as the federal government retains residual title to a capital asset it will be included in the capital asset inventory (title remains at the disposal of the governmental authority after a delegation). 2. This includes capital on lease or long-term loan. 3. Temporary custodial responsibility or title shall not be considered absolute and should not be included as the cities capital asset. Component units of the city must designate, in writing, one or more persons to be responsible for maintaining and safeguarding the component unit’s capital assets. The component unit is responsible for developing internal policies and procedures to protect and control the use of all capital assets. Capital projects will be tracked within a work in progress number assigned by the Finance Department. At the completion of the project the department in charge will: a) Break down the project into the proper categories to be added into the capital assets inventory. b) The Finance Office enters the above information in the Capital Assets Management System. 1) General Guidelines/Applicable Policies The City of Brookings requires all departments to be accountable for all property under its control. a) In accordance with state and federal guidelines, the current threshold for which an inventory of capital assets is maintained is $5,000 unless conditions of a grant require a lower threshold or assets of less value are subject to high rate of theft. b) The enterprise funds will continue to depreciate equipment purchased prior to 2003 in the same manner as previous to this policy until the equipment is fully depreciated. c) The City’s Departments responsibilities are to be accountable for all property under its control. 2) Department Responsibilities The departments have an important role in the maintenance of an accurate, up-to-date inventory system. Adherence to the following guidelines helps to ensure that departmental inventory records are as accurate and complete as possible. a) Entering correct information on purchases through the Accounts Payable (AP) system. Most of the data recorded on the Capital Assets system is taken directly from the vouchers. Correct coding by departments avoids the need for later corrections. 96 October 9, 2007 City Council Packet b) Proper coding of capital assets expenditures. Equipment purchases must be coded with a ”5” and “900” expenditure object. Use of an object code outside the 5-900 ranges increases the possibility that the asset will be omitted from the CAP system. c) Entering correct asset location, serial numbers, make, etc on voucher saves considerable time and effort. 3) Capital Assets-Additions This statement explains the procedures for the addition of assets to the Capital Assets Management System. b) All capital equipment, regardless of whether the items are loaned to or owned by the City, must be included on the Capital Assets Management System. Additions of capital assets are generated by accounts payable, donations to the City, or equipment loans or private sources. c) The Finance Office is provided with copies and documents relating to the equipment purchases. (i.e. cost, fair market value, serial numbers, model numbers, building/room location of assets) d) The Finance Office enters the above information in the Capital Assets Management System. 4) Capital Assets-Retirement a) Property unfit for use by reason of age, wear, tear, or otherwise and is beyond repair will be determined by City Manager and City Council. A note shall be given to the Finance Office to be entered into the Capital Assets Management System for that year of the condemnation of such property. b) Auctions or sealed bids for sale of unfit property is required. The property described on page 2 in 4 a) shall be sold only for cash at public auction or upon opening of sealed bids (1) The notice of the sale shall be published in the newspaper stating the following: 9 A day on which the sale is to be made (at least fifteen days after first publication) 9 Location where such auction will be held, or a place where offers or bids will be received (which day shall be at least fifteen days from the first publication of the notice). 9 The right to reject any or all bids shall be reserved. c) All money derived from the sale of public personal property shall be deposited to the City. d) Record retention. Departments should retain copies of surplus property forms, assets transfer form, stolen property reports and any other documentation regarding equipment dispositions. The information must be retained by the department for verification purposes until the Finance Office removes the item from the department’s inventory. Lost or destroyed property is to be noted in the inventory. An item is considered stolen when it has been illegally removed from its designated location. Send the Finance Office a copy of the stolen property report. 5) Capital Assets-Transfers 97 October 9, 2007 City Council Packet This statement explains the procedures for the transfer of assets in the Capital Assets Management System. Transfers are recorded on the City’s inventory when there is a permanent change in asset location or physical custody. (i.e. from one department to another). If the equipment is temporarily loaned or relocated and the intention is to reclaim the item in the near future, the asset record need not be changed a) The physical custody of equipment is the responsibility of the department. All transfer data submitted to Finance Office must be accurate in order to ensure the reliability of the City’s inventory. b) Fill out the Equipment Transfer Disposition Request Form showing the old location and the new location. The form must be signed and dated by department head for the new location. 6) Capital Assets-Home Use of Equipment This statement explains the procedures for notifying the Finance Office of equipment being used at home by management and staff. City management and staff may use equipment that is the property of the City at home, provided the following criteria are met: a) Use of the equipment at home will not interfere with the operational needs of the department. b) The appropriate department head approves home use. c) The equipment is used for City business only. d) Individuals who receive approval to remove equipment from the City for use at home for a period greater than 30 days should complete the Equipment Tracking Home Use Authorization Form. This form must be completed on any piece of equipment that is taken home regardless of the cost of the equipment or whether the asset is tagged. e) The first half of the form should be filled out when an employee is approved to use City equipment in his or her home for a period greater than 30 days. The original should be kept in the department’s files and a copy should be given to the employee. Once the equipment has returned to the City, the department should complete the bottom half of the original form that was retained in the departmental files. f) If the use of City equipment is less than 30days, then department should keep an internal record of equipment that has been approved for use off city property. The list should include a description of the equipment, the asset number, serial number, and the individuals name using the equipment, where the equipment is being used and the expected return date. 7) Capital Assets-Storage of Equipment on Privately Owned/Leased Premises This statement explains the procedures for requesting storage of assets at off-city locations that are privately owned or leased to the City. a) In order to maintain accurate inventory records and comply with asset control procedures, the Finance Office must be aware of approved storage of equipment at off- city locations. City personnel should anticipate storage needs in advance in order to obtain the proper approvals before removing the assets from the City. b) Fill out a request storage of assets at locations that are privately owned or leased to the City. The form must be signed by the City Manager and the Department Head and forwarded to the Finance Office. 98 October 9, 2007 City Council Packet 8) Capital Assets-Gifts-in-kind This statement explains the procedures for reporting equipment and other assets donated to the City. a) All capital assets that are donated to the City must be included in the Capital Assets System inventory. It is the responsibility of each department head to notify the Finance Office when equipment and other assets are donated to the City. b) When donated items are received by departments, the pertinent sections of the Notification of Gift For must be completed and forwarded to the Finance Office. The Finance Office will record the information on its Capital Assets System. 9) Capital Assets-Annual Equipment Inventory This statement provides policies and procedures relating to the annual physical inventory of capital assets conducted by departments. a) State regulations require the City to take an annual equipment inventory. Each department is responsible for verifying information about its own inventory and making all changes and corrections and forwarding them to the Finance Office. b) The Finance Office distributes annual inventory reports and instructions to departments in December of each year. All inventory reports are due back to Finance by January 11th. c) All changes and corrections should be made directly on the inventory printout. The department should keep a copy and send the original of the completed printout to the Finance Department. d) Use the departmental inventory printout to conduct a room-by-room equipment verification. Please verify all information on the report. 10) Capital Assets-Useful lives a) Depreciation is the systematic and rational allocation of the historical cost of a capital asset over its estimated useful service life. (1) Buildings/Permanent structures 50 years (2) Buildings/Portable structures 25 years (3) Buildings/Excavation 50 years (4) Buildings/Foundation 50 years (5) Buildings/Frame 50 years (6) Buildings/Floor structure 50 years (7) Buildings/Floor covering 15 years (8) Buildings/Carpeting 10 years (9) Buildings/Computer flooring 10 years (10) Buildings/Exterior walls 50 years (11) Buildings/Roof cover 10 years (12) Buildings/Interior construction 15 years (13) Buildings/Interior renovation 10 years (14) Buildings/Ceiling finish 10 years (15) Buildings/Plumbing 20 years (16) Buildings/HVAC 20 years (17) Buildings/Electrical 20 years (18) Buildings/Fire system 25 years 99 October 9, 2007 City Council Packet (19) Buildings/Elevator 20 years (20) Land Improvements (i) Fencing, gates 35 years (ii) Landscaping 10 years (iii) Outside sprinkler system 25 years (iv) Athletic fields 40 years (v) Soccer Fields 40 years (vi) Golf Courses 40 years (vii) Septic systems 15 years (viii) Underground tanks 30 years (ix) Stadiums 45 years (x) Swimming Pools 40 years (xi) Tennis Courts 20 years (xii) Fountains 20 years (xiii) Retaining walls 20 years (xiv) Bleachers 20 years (xv) Sports lighting 30 years (xvi) Running track 30 years (xvii) Playground equipment 20 years (21) Outdoor lighting 20 years (22) Roadways/Dirt 10 years (23) Roadways/Gravel 15 years (24) Roadways/Concrete 40 years (25) Roadways/Asphaltic Concrete 30 years (26) Roadways/Brick or Stone 50 years (27) Alleys/Concrete 40 years (28) Alleys/Asphaltic Concrete 25 years (29) Alleys/Dirt 10 years (30) Alleys/Gravel 15 years (31) Alleys/Brick or Stone 50 years (32) Road Signage 10 years (33) Electronic Street Signals 15 years (34) Bike-Jogging Paths/Dirt 10 years (35) Bike-Jogging Paths/Gravel 15 years (36) Bike-Jogging Paths/Concrete 30 years (37) Bike-Jogging Paths/Asphalt 20 years (38) Bike-Jogging Paths/Composite rubber 7 years (39) Bike-Jogging Paths/Brick or stone 50 years (40) Sidewalks/Concrete 30 years (41) Sidewalks/Asphalt 25 years (42) Sidewalks/Gravel 10 years (43) Sidewalks/Brick or Stone 45 years (44) Parking Lots/Concrete 35 years (45) Parking Lots/Asphalt 20 years (46) Parking Lots/Gravel 10 years (47) Parking Lots/Brick or Stone 45 years 100 October 9, 2007 City Council Packet (48) Airport Runways 30 years (49) Bridges/Continuous Concrete 50 years (50) Bridges/Prestressed Concrete 45 years (51) Bridges/Steel with Truss 50 years (52) Bridges/Steel Without Truss 45 years (53) Bridges/Timber/wood 30 years (54) Bridges/Pedestrian/Steel 30 years (55) Bridges/Pedestrian/Concrete 30 years (56) Bridges/Pedestrian/Wood 25 years (57) Major Culverts/Concrete 40 years (i) Precast box, precast elliptical Cast in place (58) Major Culverts/Concrete pre stress 40 years (59) Major Culverts/Timber log treated 30 years (60) Major Culverts/Steel 30 years (i) Corrugated round, Corrugated Bottomless arch (61) Small Culverts/Plastic 25 years (62) Small Culverts/Cast Iron 30 years (63) Small Culverts/Metal corrugated 30 years (64) Small Culverts/Concrete 50 years (65) Storm Drains/Plastic 25 years (66) Storm Drains/Cast Iron 30 years (67) Storm Drains/Metal Corrugated 30 years (68) Storm Drains/Concrete 40 years (69) Storm Drains/Ditch/Trench 100 years (70) Moveable Equipment (i) Athletic equipment 10 years (ii) Appliances/food service equipment 10 years (iii) Audio visual equipment 7 years (iv) Books 7 years (v) Multi-media materials 7 years (vi) Business machines 7 years (vii) Communications equipment 10 years (viii) Computer software 5 years (ix) Contractors/construction equipment 12 years a. Sweepers 10 years b. Garbage truck – rear loader 10 years c. Garbage truck – automated loader 8 years d. Landfill crawler loader 5 years e. Landfill compactor 5 years f. Landfill wheel loader 5 years (x) Computer equipment 5 years (xi) Fire department equipment 12 years (xii) Furniture 20 years (xiii) Grounds/equipment 10 years 101 October 9, 2007 City Council Packet (xiv) Law enforcement equipment 5 years (xv) Licensed vehicles 10 years (xvi) Police Patrol vehicles 3 years or 100,000 miles (xvii) Police vehicles 4 years (xviii) Machinery and tools 15 years (xix) Outdoors recreational equipment 15 years (xx) Stage and auditorium equipment 20 years (xxi) Custodial equipment 15 years (xxii) Photocopiers 5 years (xxiii) Sculptures/Wood 20 years (xxiv) Sculptures/Stone 30 years (71) Landfill – Excavation of Cells (estimated # of years to fill excavation) (72) Landfill – Leachate System (estimated life of landfill) (73) Landfill – Liners (estimated life of landfill) (74) Landfill – Test Wells (estimated life of landfill plus 30 years) 11) Forms a) Capital Asset Purchases b) Equipment Transfer Disposition Request c) Storage of Equipment on Privately owned/Leased Premises d) Equipment tracking home use authorization Executive Session. A motion was made by Thomson, seconded by Whaley, to enter into executive session at 7:24 p.m. for the purposes of personnel matters with the Council, Manager, Clerk and Human Resources Director present. All present voted yes; motion carried. A motion was made by Whaley, seconded by Thomson, to leave executive session at 7:45 p.m. All present voted yes; motion carried. Adjourn. A motion was made by Brunner, seconded by Whaley, to adjourn. All present voted yes; motion carried. Meeting adjourned at 7:45 p.m. City of Brookings Scott D. Munsterman, Mayor ATTEST: Shari Thornes, City Clerk 102 October 9, 2007 City Council Packet OPEN FORUM 5. INVITATION FOR A CITIZEN TO SCHEDULE TIME ON THE COUNCIL AGENDA FOR AN ISSUE NOT LISTED. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 6. SDSU REPORT 103 October 9, 2007 City Council Packet ORDINANCES – PUBLIC HEARINGS 7. ORDINANCE NO. 29-07: A CONDITIONAL USE TO ESTABLISH A BOARDINGHOUSE FOR FOUR (4) PERSONS ON THE EAST 5 FEET OF LOT 3, ALL OF LOT 4, AND THE WEST 10 FEET OF LOT 5, BLOCK 9, PLEASANT HILL ADDITION (1010 1ST STREET). Applicant: Rudolph Curtler Proposal: Establish a boardinghouse in a medium density residential district Background: The immediate neighborhood consists mainly of single-family homes on smaller lots. Most lots have 50 feet of primary frontage width and alley access. A home one-half block to the north is a two-family dwelling. Lion’s Park borders the south end of the neighborhood. Specifics: The lot has 50 feet of frontage, 8,250 square feet of lot area and alley access. There is a singlewide driveway that leads to the detached garage. The rear of the lot can accommodate several vehicles for added parking. The adjacent properties to the east and west have large accessory buildings in their rear yards. The west property also has a privacy fence along its east side. Recommendation: The Planning Commission voted 5 yes and 1 no to recommend approval of this request subject to the conditions stated in the ordinance. ACTION: Open and close public hearing, motion to approve, roll call City Manager Recommendation: Approve 104 October 9, 2007 City Council Packet Ordinance No. 29-07 An ordinance pertaining to an application for a Conditional Use for a boardinghouse for four (4) persons in the Residence R-2 District. Be it ordained by the governing body of the City of Brookings, South Dakota that said Conditional Use shall be approved for a boardinghouse for four (4) persons on the east 5 feet of Lot 3, all of Lot 4, and the west 10 feet of Lot 5, Block 9, Pleasant Hill Addition with the following conditions: 1. All required parking shall be hardsurfaced 2. A privacy fence shall be erected along each side lot line in the rear yard. 3. The Conditional Use shall be granted to the applicant only All sections and ordinances in conflict herewith are hereby repealed. FIRST READING: SECOND READING: PUBLISHED: CITY OF BROOKINGS __________________________ Mayor ATTEST: ________________________________ City Clerk 109 October 9, 2007 City Council Packet Boardinghouse USE REGULATIONS (R-2 District) DEFINITION A building or place, other than a fraternity or sorority house, where lodging and/or boarding is provided by prearrangement for definite periods of time for compensation for four (4) or more persons not related by blood or law but no more than six (6) persons not related by blood or law and is not open to transient guests. RESIDENCE R-2 DISTRICT Conditional Uses. 1. Vocational or trade school 2. Retirement or nursing home 3. Group home 4. Major home occupation 5. Public recreation facility 6. Non-municipal library, museum, art gallery, community center, private club or lodge 7. Domestic abuse shelter 8. Townhouse 9. Apartment or condominium 10. Boardinghouse 11. Office 12. Bed and breakfast establishment 13. Fraternity/Sorority 14. Day Care Facility CONDITIONAL USE STANDARDS This use shall not be located in an area where it could have a negative impact on adjacent properties due to its size or the traffic generated from such use. The parking area shall be designed to have a minimal impact on surrounding residential properties and shall be surfaced with asphalt or concrete when 5 or more spaces are required. . A boardinghouse with four (4) persons shall have a minimum lot area of 7,500 square feet, a minimum frontage width of 50 feet and alley access to the rear yard provided the alley frontage is equal to or greater than the primary right-of-way frontage. A lot with two or more frontages is acceptable in lieu of alley access provided it meets the lot area requirements. A boardinghouse for five (5) or six (6) persons shall have a minimum lot area of 9,900 square feet and 65 feet of frontage width. PARKING One on-premise parking space shall be provided for each person residing in the boardinghouse. 110 October 9, 2007 City Council Packet Planning Commission / Brookings, SD / September 4, 2007 OFFICIAL MINUTES Chairperson Justin Hyde called the regular meeting of the City Planning Commission to order on September 4, 2007 at 7:00 PM in the Council Chamber at City Hall. Members present were Greg Fargen, Sandra Moore, Curt Ness, Larry Fjeldos, Mike Cameron, and Hyde. David Kurtz, John Gustafson, and Stacy Howlett were absent. Also present were Mike McClemans, Allan Austreim, Jeffery Peters, Dawn Waldner, Amy Selleck, Carrie Peters, Dean Gulbranson, Mike Robbins, Frank Kurtenbach, City Engineer Jackie Lanning, Planning and Zoning Administrator Dan Hanson and others. Item #5 – Rudolph Curtler has submitted an application for a Conditional Use to establish a boardinghouse for four (4) persons on the east five feet (5’) of Lot 3, all of Lot 4, and the west 10 feet of Lot 5, Block 9, Pleasant Hill Addition. (Cameron/Ness) Motion to approve the Conditional Use. (Cameron/Fargen) Amendment to the motion to add the following condition: • “All required parking shall be hardsurfaced. “ All present voted aye. AMENDMENT CARRIED. (Ness/Fargen) Amendment to the motion to add the following condition: • “A privacy fence shall be erected along each side lot line in the rear yard. All present voted aye. AMENDMENT CARRIED. (Fjeldos/Ness) Amendment to the motion to add the following condition: • “The Conditional Use shall be granted to the applicant only. All present voted aye. AMENDMENT CARRIED. The motion, as amended, was voted on. Ness Fargen, Fjeldos, Cameron, and Hyde voted aye. Moore voted no. MOTION CARRIED. SUMMARY OF DISCUSSION Item #5 – Allan Austreim, co-owner of the property, stated they would like to add an additional tenant in the house. He felt parking was not a concern since there was ample room in the rear yard. Jeffery Peters, a neighbor, felt parking would become more congested on the street with this use. He wanted to know if the rear parking area would be paved or gravel because aesthetics was also a concern. Dawn Waldner opposed the request and felt a privacy fence around the backyard should be installed. Amy Selleck also favored a privacy fence if the request was approved. Gena Hult was concerned about parking. Ricky Nase felt parking areas in the rear yard were inconvenient and would not be used. Carrie Peters felt traffic safety was the primary concern. She added that the apartment complex on 12th Avenue brought a lot of traffic through the neighborhood. Hyde asked Austreim if he were going to hard surface the rear yard parking area. Austreim responded that the gravel was proposed. Fjeldos asked if screening had been considered. Austreim said he would consider it now. Ness favored fencing as a buffer to the neighboring properties. Fjeldos added that the screening would reduce the impact of traffic and headlights in the rear yard. He noted that the property 111 October 9, 2007 City Council Packet met the standards regarding lot width, lot area, and alley access. Hyde concurred and noted that the density in the neighborhood was lower than the maximum allowed. He felt one additional resident and one additional vehicle would not be detrimental. 112 October 9, 2007 City Council Packet ORDINANCES – PUBLIC HEARING 8. ORDINANCE NO. 30-07 - AMENDMENTS TO THE ZONING ORDINANCE PERTAINING TO SIGNS. Proposal: Amend the sign regulation portion of the zoning ordinance pertaining to electronic message display signs. Background: Temporary Zoning Controls were created on October 24, 2006, by the City Council in order to study electronic message display signs prior to any further permitting in the Business B-1 District and for certain institutional uses. A subcommittee was formed in December 2006, to review the regulations and forward their findings/recommendations to the Planning Commission. The Planning Commission received the report in March and discussed amendments to the zoning ordinance in July and August. Specifics: The amendments include a new definition for an electronic message display (EMD) sign and a description of its characteristics. Other amendments refer to internal ambient light monitors, limiting the maximum size of an EMD in certain zones and creating regulations for portable EMD signs. Additional Enclosures: ƒ Correspondence from Downtown Brookings Inc. ƒ Correspondence from the Brookings Historic Preservation Commission Recommendation: The Planning Commission voted 6 yes and 0 no to recommend approval of the amendments. ACTION: Open and close public hearing, motion to approve, roll call City Manager Recommendation: Approve 113 October 9, 2007 City Council Packet NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Division 5 of Chapter 94, Zoning Ordinance, pertaining to signs. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 7:00 PM on Tuesday, September 4, 2007, in the Council Chamber in the lower level of City Hall, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 24th day of August, 2007. ______________________________ Secretary, City Planning Commission 117 October 9, 2007 City Council Packet Planning Commission / Brookings, SD / September 4, 2007 OFFICIAL MINUTES Chairperson Justin Hyde called the regular meeting of the City Planning Commission to order on September 4, 2007 at 7:00 PM in the Council Chamber at City Hall. Members present were Greg Fargen, Sandra Moore, Curt Ness, Larry Fjeldos, Mike Cameron, and Hyde. David Kurtz, John Gustafson, and Stacy Howlett were absent. Also present were Mike McClemans, Allan Austreim, Jeffery Peters, Dawn Waldner, Amy Selleck, Carrie Peters, Dean Gulbranson, Mike Robbins, Frank Kurtenbach, City Engineer Jackie Lanning, Planning and Zoning Administrator Dan Hanson and others. Item #8 – The City of Brookings has submitted amendments to Division 5 of Chapter 94, Zoning Ordinance, pertaining to signs. (Cameron/Fargen) Motion to approve the amendments. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #8 – Hanson summarized the changes to the sign ordinance. The amendments were exactly like those that were reviewed in August. Hyde noted that no persons spoke in favor or in opposition to the amendments. He felt the changes were reasonable and did not perceive a problem with electronic message signs in the community. He felt the Temporary Zoning Controls should be lifted. He also felt the amendments answered the concerns that were raised. Cameron stated he had asked Downtown Business Inc. (DBI) to do a survey of downtown merchants to get their feelings on these signs. Hanson responded that he had not received any information. 118 October 9, 2007 City Council Packet Report To: City Council From: Historic Preservation Commission Re: Proposed Sign Ordinance Amendments Date: September 27, 2007 Ladies and Gentlemen: The Historic Preservation Commission respectfully requests that the proposed amendments, as presented, not be adopted for the following reasons: a. The Planning Board subcommittee which convened to study the issue was composed of membership which could be construed as having a built-in conflict of interest. 1. Two of the members were employees of the sign company which is the prime contractor for the type of signs considered, and one member was a former employee of that firm (3 out of 8 committee members). 2. The sign company most affected by the proposal was asked to write the proposed amendment under which its own future applications would be reviewed (and that is what is before you). b. The subcommittee was not able to consider relating these signs to street types (interior, collector, arterial) since they were told by the planning staff that no such categories existed. This would have been an important consideration when discussing appropriateness of these signs in residential neighborhoods because of street lighting, traffic volumes and auto lights, and presence of traffic signals compared with stop signs. Later, it has been found that such street categories do exist and are listed in the Brookings 2020 Plan. c. At the time of the subcommittee vote several members who had spoken in opposition to what is presently proposed were absent, particularly those representing CBD interests. d. The staff report to the Planning Board was incomplete as it related to the issues discussed by the committee, and contained misstatements and inaccuracies which were not corrected since there was no subsequent meeting to review and adopt those minutes; therefore, the Planning Board in essence received no guidance from the subcommittee except what may have been presented verbally weeks later by Planning Board members who had been present at the discussions. The subcommittee was not contacted by staff so that they could be present to respond to questions. e. One of the Community Goals is to “Enhance the image of Brookings as a place that is visually, aesthetically and physically pleasing and stimulating”. Another is (for the Downtown) “Maintain and strengthen the economic, historical, visual and functional elements of the central business district”. Allowing these “animated” signs in residential neighborhoods and the historic downtown would, in our opinion, by contrary to these goals. 119 October 9, 2007 City Council Packet f. A Community Goal related to Transportation is “Minimize negative transportation effects upon residential neighborhoods.” Another is “Prevent through traffic on local streets within established neighborhoods”. Permitting these “animated” signs within residential neighborhoods on interior streets (as opposed to arterial and collector streets where most high traffic-generating uses are located) would conflict with these Goals. g. The Brookings 2020 Plan states the following, “Central Business District. Downtown Brooking is the most important image-defining asset in our community. A downtown often mirrors a communities (sic) overall health and vitality. The local shops, restaurants and drinking establishments share a compact commercial area that has maintained and improved its historic past by rehabilitating older, distinctive buildings. It is important that the downtown continues to cultivate a unique and appealing atmosphere that sets it apart from other commercial areas.” It also states, relating to Urban Design, “…regulations could be updated…to require that new developments meet higher aesthetic standards.” Allowing “animated” signs in the downtown and residential neighborhoods conflict with these elements of Brookings’ long-range community plan. As presented, the proposed sign regulation amendments would allow animated signs in the downtown and residential neighborhoods as an automatic right. At the very least, there should be a public hearing requirement so that there is an opportunity for adjacent property owners to have a voice in those elements of the signs which could affect them – size, brightness, movement, colors, and hours of operation. Respectfully, Jerry F. McCollough Chairman, Brookings Historic Preservation Commission 120 October 9, 2007 City Council Packet To the Brookings City Council: I attended the Planning Commission’s meeting that was held the evening of July 3rd - even though we were originally planning to leave town for the holiday. I was unable, however, to attend the September 4th Planning Commission meeting because I was a program presenter at a meeting in Sioux Falls. Regarding the comment in the Sept. 4th Commission minutes about a survey of downtown merchants… We surveyed 53 business owners in the Commercial Historic District regarding electronic message displays. This is the area of most concern because it contains the historic fabric of our downtown. The 53 owners represent 100% of the occupants of these buildings. These surveys were taken anonymously. The owner did not have to put their name on the form thus making them freer to express their opinion. The top of the form reads: “The Brookings Planning Commission is considering whether animated display signs (electronic message displays) are appropriate for the Central Historic Business District. They would like your input.” “Animated digital signs or electronic message displays are signs capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. A message can be static or dissolve, fade, scroll vertically, transition or travel horizontally. The sign may be animated or video.” This short explanation was followed by four questions and an area for comments. When asked “Do you think animated digital signs (electronic message displays) should be allowed in downtown Brookings?” 30 of the 53 said NO. (57%) When asked “Would you use them?” 40 of the 53 said NO. (75%) When asked “Would you want one across the street from your business?” 30 of 53 said NO. (57%) When asked “If you approve of the use in downtown Brookings, should the number be limited or should every business be able to use them?” Of the 23 that were in favor of the signs, 9 said they thought the size and number of signs should be limited. (39%) A comment that was made by some of the business owners that were in favor of the signs was that they didn’t think they should be restricted by historic preservation guidelines either just because they were located within a historic district. And yet, it has been proven many times over that the National Trust’s guidelines are a valuable tool for preserving the historic fabric of communities. We believe the restriction of electronic message displays within the Brookings Historic Commercial District will preserve the historic fabric of your downtown and increase its value to those who do business there. Doris Roden, Program Manager, Downtown Brookings, Inc. 121 October 9, 2007 City Council Packet Digital Sign Survey Results Do you think animated digital signs should be allowed in downtown Brookings? No: 30 Yes: 23 Would you use them? No: 40 Yes: 13 Would you want one across the street from your business? No: 30 Yes: 23 If you approve the use in downtown Brookings, should the number be limited or should ever business be able to use them? Every business: 14 Limited: 9 Other comments yDo not limit number, limit size yHad considered use of one, but decided against it ySize matters yWhoever can afford it should be able to do it yPerhaps some size guidelines yLikes old fashioned flair without digital signs yCost vs. value will control economics yLikes the small town feel – no animated signs yDoesn’t want the downtown to get too showy and flashy yWhy restrict business growth by restricting advertisement yIf one can use them, they all should be allowed to yWould use one if business wasn’t downtown yLimit size yDon’t think downtown businesses should be restricted by historic guidelines either – just because I’m are located within the historic district. 122 October 9, 2007 City Council Packet ORDINANCES – PUBLIC HEARING 9. ORDINANCE NO. 31-07: ACTION TO REZONE THE WEST 1,920 FEET OF THE NORTH 1,320 FEET OF THE SE ¼ OF SECTION 18-T110N-R49W FROM AN A AGRICULTURAL DISTRICT TO AN INDUSTRIAL I-1 DISTRICT (NORTH OF HWY 14 BY-PASS AND EAST OF I-29). Applicant: City of Brookings Proposal: Rezone farmland for future industrial purposes Background: The land north of “Ag Plaza” has been farmed for decades. Since the late 1960s, land north of the Highway 14 By-pass and east of I-29 has been platted and rezoned to accommodate mostly intensive commercial and light industrial uses. Specifics: The parcel to be considered is approximately 54 acres in size. It is surrounded by I-1 zoning on the south and east, I-29 on the west, and agricultural land to the north. The Vision 2020 Future Land Use Map indicates industrial zoning as the recommended use for this area. The land is currently served with sanitary sewer and water under the future 32nd Avenue right- of-way. It also travels east along the quarter line to 34th Avenue. The street is constructed up to the south lot line of this parcel at this time. Recommendation: The Planning Commission voted 6 yes and 0 no to recommend approval of the rezoning. ACTION: Open and close public hearing, motion to approve, roll call CITY MANAGER RECOMMENDATION: Approve 123 October 9, 2007 City Council Packet Ordinance No. 31-07 An Ordinance to Change the Zoning Within the City of Brookings Be it ordained by the governing body of the City of Brookings, South Dakota, that shall be amended as follows Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows: the west 1,920 feet of the north 1,320 feet of the SE 1/4 of Section 18-T110N-R49W be and the same is hereby rezoned and reclassified from an A Agricultural District to an Industrial I-1 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 III and IV of Ordinance No. 25-02 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to said Ordinance No. 25-02 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. FIRST READING: SECOND READING AND ADOPTION: PUBLISHED: CITY OF BROOKINGS ______________________________ Mayor ATTEST: _________________________ City Clerk 124 October 9, 2007 City Council Packet Sec. 94-136 INDUSTRIAL I-1 LIGHT DISTRICT (a) Intent. This district is intended to provide for a number of light manufacturing, light processing, warehousing and service uses. This district includes the supportive commercial uses for the industrial businesses. (b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in this title, when referred to in this section, are the district regulations of the Industrial I-1 Light District. (c) Permitted Uses. 1. Assembling and packaging 2. Freight handling 3. Manufacturing, light 4. Storage and warehousing 5. Processing, light 6. Parking facility or lot 7. Office 8. Truck stop 9. Automobile service station 10. Public utility facility 11. Reverse vending machine 12. Contractors shop and storage yard 13. Motor vehicle repair shop 14. Semi-trailer storage 15. Farm Implement Sales 16. Telecommunications Tower (d) Permitted Special Uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein: 1. Day care facility a. A four-foot (4') high transparent fence shall be constructed between the play area and the street. b. An off-street pick-up and drop-off area shall be provided. 2. Light processing facility for recyclables a. All storage and processing areas shall have perimeter fencing on all sides. 3. Buy back center for recyclables a. A list of the types of recyclable material to be collected shall be approved prior to the issuance of any permit 4. Citizens drop-off facility for recyclables a. Containers or bins shall be provided for all waste material. b. No container shall be located within 100 feet of a residential district. 5. Household hazardous waste site a. Such uses shall be within a completely enclosed building. 128 October 9, 2007 City Council Packet b. The applicant shall comply with the provisions of all applicable laws and ordinances. 6. Transfer site for recyclables a. All storage areas shall have perimeter fencing on all sides. b. A list of the types of recyclable material to be collected shall be approved prior to the issuance of any permit. 7. Automobile storage yard a. Impound area shall be surfaced with gravel, asphalt or concrete. (e) Conditional Uses. 1. Kennel 2. Broadcast Tower 3. Outdoor Sales 4. Concrete Plant (f) Density, Area, Yard and Height Regulations. The I-1 district regulations shall be as follows: Min. Min. Min. Min. Min. Max. Lot Lot Front Side Rear Height Density Area Width Yard Yard Yard Sq.Ft. Sq.Ft. All Uses 20' 20'* 20'* 50' *A fifty foot (50') landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. (g) Accessory Uses. Accessory uses and building permitted in the I-1 District are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking Regulations. Parking, loading and stacking within the I-1 District shall be in conformance with the regulations set forth in division 4 of article VI of this chapter (i) Sign Regulations. Signs within the I-1 District shall be in conformance with the regulations set forth in division 5 of article VI of this chapter (g) Other Regulations. Development within the I-1 District shall be in conformance with the regulations set forth in article II of this chapter 129 October 9, 2007 City Council Packet Planning Commission / Brookings, SD / September 4, 2007 OFFICIAL MINUTES Chairperson Justin Hyde called the regular meeting of the City Planning Commission to order on September 4, 2007 at 7:00 PM in the Council Chamber at City Hall. Members present were Greg Fargen, Sandra Moore, Curt Ness, Larry Fjeldos, Mike Cameron, and Hyde. David Kurtz, John Gustafson, and Stacy Howlett were absent. Also present were Mike McClemans, Allan Austreim, Jeffery Peters, Dawn Waldner, Amy Selleck, Carrie Peters, Dean Gulbranson, Mike Robbins, Frank Kurtenbach, City Engineer Jackie Lanning, Planning and Zoning Administrator Dan Hanson and others. Item #9 – The City of Brookings has submitted a petition to rezone the west 1,920 feet of the north 1,320 feet of the SE ¼ of Section 18-T110N-R49W from an A Agricultural District to an Industrial I-1 District. (Fjeldos/Fargen) Motion to approve the rezoning. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #9- Cameron stated that the rezoning proposal followed the Vision 2020 Plan. Hyde felt the rezoning would not adversely impact neighboring properties. 130 October 9, 2007 City Council Packet ORDINANCES – PUBLIC HEARING 10. MOTION TO APPROVE A PRELIMINARY PLAT OF BLOCKS 10-12, FREELAND ADDITION. Applicant: City of Brookings Proposal: Preliminarily plat a future industrial park Background: This acreage has been farmed for decades. The land was annexed in April 2006, and a portion of the annexed land is being developed by the South Dakota Department of Transportation. The SDDOT land was rezoned in November 2006, and the remaining acreage was approved for rezoning by the Planning Commission in September. Specifics: The preliminary plan for this area is very basic since the land will be used for industrial purposes, and any land transfers will involve several acres. The street plan shows an extension of 32nd Avenue north to the quarter line and then east to 34th Avenue. The adjoining land will be subdivided into three (3) large blocks. The city engineer will address the stormwater drainage plan for the area. City Engineer’s Comment: The existing contours are shown on the preliminary plat. In general, the existing ground slopes from west to east, with the lowest areas being in the northwest and southwest corners of Block 10. A preliminary drainage plan has not been completed. However, it should be completed soon. I recommend approval of the preliminary plat contingent upon an approved preliminary drainage plan. Recommendation: The Planning Commission voted 7 yes and 0 no to recommend approval of this preliminary plan subject to approval of a preliminary drainage plan. Action: Motion to approve, request public comment, roll call City Manager Recommendation: Approve 131 October 9, 2007 City Council Packet Planning Commission Brookings, SD October 2, 2007 – OFFICIAL MINUTES The City of Brookings has submitted a preliminary plat of Blocks 10 – 12, Freeland Addition (Fjeldos/Fargen) Motion to approve the preliminary plat. (Gustafson/Fargen) Amendment to the motion to add “subject to the completion of a stormwater drainage plan”. All present voted aye. AMENDMENT CARRIED. The motion, as amended, was voted on. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Hanson stated that the plan involved three (3) future blocks and right-of-way extensions. Thirty-second Avenue would continue north to the ¼ line ( 24th Street ) and then travel east and connect to 34th Avenue. Thirty-third Avenue was proposed to connect to a future street that would also access 34th Avenue. VonEye stated that the preliminary drainage plan for the entire area was in the development stage. Hanson noted that final drainage plans for final platted lots would be required prior to the issuance of a building permit since industrial projects would exceed one (1) acre in size. Hyde commented that the plan showed appropriate access to the proposed blocks, and it conformed to the minimum requirements of the subdivision ordinance except for the drainage plan. 134 October 9, 2007 City Council Packet 11. EXECUTIVE SESSION FOR PERSONNEL REASONS SDCL 1-25-2. Executive or closed meetings. Executive or closed meetings may be held for the sole purpose of: 1. Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractors; 2. Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student; 3. Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4. Preparing for contract negotiations or negotiating with employees or employee representatives; 5. Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, where public discussions would be harmful to the competitive position of the business. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Action: Motion to enter executive session – voice vote Motion to leave executive session – voice vote 135 October 9, 2007 City Council Packet 12. ADJOURN. 136