HomeMy WebLinkAboutCCMinutes_2009_01_13 26 �
Brookings Ciry Council
January 13,2009
The Brookings City Council held a meeting on Tuesday,January 13, 2009 at 5:00 p.m., at City Hall
with the following members present: Mayor Scott Munsterman, Council Members Julie Whaley,
Ryan Brunner,Tim Reed,Mike McClemans, and Tom Bezdichek. Council Member Mike Bartley
was absent. City Manager Jeff Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes
were also pxesent.
5:00 P.M, WORK SESSION
U�date on Cam�us/Student Housing Issues —SDSU Master Housing Plan Marysz Rames,Vice
President for Student Affairs at South Dakota State University,provided the Ciry Council with the following
update on the campus housing master planning efforts.
Executive Summary Introduction: The South Dakota Sta.te University (SDSL� ten-year Residential
Life and Dining Services Master Plan identifies facilities and service priorities that respond to
student needs. The plan accommodates the minimal enrollment growth anticipated by the
University,replaces and remodels current undergraduate housing and increases the number of
upper-division/graduate students living on campus.
To fulfill SDSU's strategic goals, this plan creates two neighborhoods;undergraduate student
housing on the southeast side of campus and uppex-division/graduate student housing on the
northwest side of campus. The plan includes enhancements to the dining services program to meet
the needs of these neighboxhoods. On-going system-wide maintenance and repair issues are also
addressed.
To accomplish this plan,a three-phased approach was developed to include: Construction of new
undergraduate housing, creation of upper-division/graduate student housing, development of dining
services to support the added housing, and renovation and maintenance of e�usting residential
facilities.
Executive Summary Planning Process
Step One-Residential Life Self-Study: To develop recommendations for the residential life
progxam the Residential Life Facility Planning Committee convened in fall 2007. This committee
conducted the following activities:
• Visited sites of recently constructed residence halls at SUNY-Buffalo, Drake University,
the University of North Dakota and North Dakota.State University.
■ Attended two national conferences that examined residence hall financing and modern
residence hall design.
• Interviewed residential life staff at Minnesota State-Mankato, the University of Illinois
and the University of South Dakota.
• Surveyed students to determine building amenities,price points and potential retail
services.
The self-study recommended creating undergxaduate and upper-division/graduate student
neighborhoods.
Ste�Two - Inde�endent Consulta.nt Review: Anderson Strickler,Limited (ASL) was hired to
conduct a review of the self-study. Their review consisted of
• Convened focus groups with students,Residential Life staff,Student Affairs staff and
Brookings leadership to confirm planning elements.
• Studied University planning documents to include,Student Affaits,Residential Life and
Dinuig Services strategic plans as well as the Comfort Enrollment Projection to assess
congruency between self-study recommendations and e�cisting planning goals.
ASL supported the recommendations to move forwaxd with the creation of neighborhoods devoted
to undergraduate and upper-division/graduate student housing.
Ste�Three- Dining Service Com�onent• Parallel to the development of initial residence hall plans,
a dining services corrunittee conducted the following reseaxch:
• Visited upscale dining services sites at Grand Valley State University and Central Michigan
Universiry.
' Reviewed customer counts in the Student Union,Larson and Medary Commons.
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• Conducted student focus groups to collect information on current and future dining needs.
The information gathered by the committee supported the need to expand the dining operation in
the Student Union and to renovate Larson Commons to accommodate the expanded
neighborhoods on the southeast side of campus.
Ste� Four -Master Plan Develo�ment: 'The Board of Regents convened a Building Comxnittee in
August 2008. A team led by Koch Hazard was selected to review existing planning efforts and
conduct additional research to develop a single comprehensive Residential Life and Dining Services
master plan.
Executive Summary Planning& Construction Phases: To accomplish the plan, the following three-
phased approach is recommended:
Pha.ce I(2008—2010)
■ Esta.blish an undergxaduate neighborhood on the southeast side of campus with the
construction of a 408-bed pod-style residence hall.
■ Expand dining services in the Student Union and improve Larson Commons to
accommodate additional undergraduate students.
■ Reallocate Waneta.Hall to housing upper-division students in singles on the northwest side
of campus.
■ Renovate Mathews Hall by increasing the community space,impxoving asthetics and
integrating natural light
■ Complete previously identified M8cR list which includes bathroom remodels,roofs and
windows.
■ Establish differential rates for halls based on enhancements and pzoximity to amenities.
• Investigate the need for upper-division/graduate student housing and Family Student
Housing.
Pha.re II(2010—2012)
■ Replace Hansen Hall by constructing two 342-bed pod-style residence halls for freshman
and sophomoxe students on the southeast side of campus.
■ Reconfigure Hansen Hall to create housing fot upper-division/gxaduate students on the
northwest side of campus.
■ Renovate rema;n;ng ttaditional halls.
■ Remodel Medary Commons to align dining service offerings with the upper-division
neighboxhood on the northwest side of campus.
Pha.re III(20>2—2018)
• Construct a 300-bed complex on the northwest side of campus for upper-division/gra.duate
students.
• Develop retail opportunities associated with the residential neighborhoods on the southeast
and northwest sides of campus.
BeZdichek a.rked if bike rack.r and.rtorage rvere incorporated into theplan. Ye.r, a new bike.rtorage ar�a with an
awning rvill be in fmnt of the new hadl�: He al.ro a�'ked if SDSU had anyplan,r for.rkywalk.r or tunnel.r. No, the
clu.rter derign of the.rtructure.r i.r ta minimiZe the di.rtance bet�veen building.r. The overall.rtrategy i.r to cr�ate "village.r"
for fr�.rhman to help�tain and graduate them.
Reed a,rked if the number of.rtudent.r living o�'campu,r wasgmwing at the.rame rate a.r the university. Rame.r,raid
theirgoad i.r to.rtay balanced.
IY/eldon a.rked u�hat the projected increa.re in ca�iacity for houring wa.r with each phase. Kames said Phase 1 �vi11 be
replacing W/aneta�vith 236 over to the nerv hal!and remainder will be gmwth and 236 more upper cla.r.r on the north
�ide of campu.r. W/hen a!!three phase.r ar�completed it rvill pmduce 800 additional `bed.r'in the next 10 yearf
Brunner a.rked if the r�,rident hall.r rverr up for di,rcrts�ion in thi.r Legi.rlatrve Se.r.rion. Rame.r.raid r�,ridence ha!!.r don't
go to the Legi.clature for appmval. The Board of Kegent.r appmved the plan in October 2008 and SDSU hope.r to
break gmund thi.r.rprzng for the netv hall and dining to be completed thi.c.rummer 2009.
Mun.rterman commented that he u�as very�ilea.ced to see where thi.r pmject i.r at, noting it�va.r only 3 or 4 yearr ago the
Council di.rcu.r.red houring i.r,ruer and need.r�vith SDSU. He commended SDSU o�'zcial.r for a.rtrategic plan that urill
gr»�v the univer.rity and community for the next 10year.r.
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Swiftel Center Events Programming_ At a previous meeting Councilman Bezdichek requested
the Council discuss whether or not to perm.it Cage Fighting (Mi�ced Mastial Arts) as an event at the
Swiftel Center.
Bezdichek said events at a public facility such as the Swiftel Center are in part funded by citizens and
the City should consider the appropriateness of some events held there, specifically referring to cage
fighting. He said he doesn't have a problem with a private entity wanting to bring in this type of
event. In those cases,it would be up to a private enterprise or individuals and the citizens have a
choice whether to go or not. With a cage fighting event at the Swiftel Centex,individuals still have a
choice to attend or not,but every taxpayer in Brookings is paying for that event. The reason for
bringing it up is to have a discussion if that type of event is appropriate at a public facility. He
commented that he knows it is popular spectator sport. He personally doesn't caxe for it and
doesn't like it in a city facility funded by the taxpayers. He noted it may be a signage issue,because
whenever it's scheduled to be in town there's a trailer with advertising paxked along 6�'Street and he
questioned if that violated the sign orciinance.
Steve Britzman, City Attorney,provided the Council with a copy of the Sioux Falls ordinance
pertaining to ultimate fighting,which was passed in 2005, that established guidelines for private
facilities. In the case of Brookings,it would be a city owned facility and city policies could dicta.te
specific rules.
Munsterman questioned if the oxdinance was written fox any public facilities in Sioux Falls or if
these events were prohibited in their public facilities.
Munsterman asked the Council if they'd be interested in discussing this issue further on a future
agenda after there's been some opportunity advextise the topic, obtain feedback from citizens,and
look at sample ordinances.
Reed felt whether the activity is in a public faciliry or not,an oxdinance needs to be put in place that
provides guidelines.
ACTION: A motion was made by Munsterman, seconded by Bezdichek, to direct the City
Attorney to draft an ordinance on ultimate fighting and when it's ready,place on a future
work session agenda and go through it. Discussion: Whaley said she'd like to have the
management team here at the meeting winc �omments and information from the Visitoz's
Bureau on the number of people who attend these events. Brunner said he'd like ro see any
ordinance that would regulate these types of events, but has nor made up his mind on the
topic. He'd like to see it on a future agenda to discuss further. He'd like more information
and.feedback from the public on the topic. All present voted yes;motion carried.
Trans�ortation Bill. Weldon provided the following report. Last year a bill was introduced in the
South Dakota Legislature that would have authorized local units of government to create special
service districts for purposes of generating revenue for transportation improvement projects,as well
as manage and oversee the construction of those projects. The bill passed a Senate committee but
failed on the floor. Given the current condition of state finances for transpoxtation improvements,
this bill would have provided a new mechanism for generating funding at the local level for local
projects based on local option authority.
A new bill is ready for introduction that would authorizes a local unit of government, or a
combination of local units of government, to create a special service district that can levy taxes fox
purposes of making ttansportation improvements to whatever extent, scope,magnitude deemed
necessary by an elected boaxd of the district. The transportation district is totally locally-controlled
and it's taxing and spending authority can be determined based upon the transporta.tion needs of the
district however it is compxised. All policy actions axe subject to referral just like other local units of
government.
Munsterman noted that the only addition to the bill is adding townships. He clarified that the bill
was pulled off the floox in last year's session and not voted down.
ACTION: A motion was made by Reed, seconded by Brunner, to support a Transportation
Bill being promoted by the City of Brookings for this Legislative Session. All present voted
yes;motion carried.
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Trans�ortation Board Re�ort. Weldon presented the Transportation Board's Report to the City
Council on December 9�'and additional review and discussion of the report was requested.
Weldon reviewed the comments made at that meeting and provided responses to some of the
questions that were raised.
Whaley had que.rtioned�vhy emergency planning received only t�vo voter and�vonder�d�vhat that con.ri.rted of. I.Y>eldon
re,rponded that the entire i.rsue wa,r primarily driven by emergency pr�ar�dne.r.r and if bu.re.r could be mobili�ed quickly
enough. This ava.r already handled by the Emergency Planning and Di.ra.rter Preparedne.cr Group and the Board
didn't want to duplicate their�ort.r.
I�eed a.rked if he could get a co.rt e.rtimate on way-fznding rignage before the council di.rcu.r�ion. Weldon re,rponded that
the co.ct.r depend orr how exten.dve the City would proceed. A similar�ztied city.rpent,�'75,000 for adequate.rignage;
horvever, .rome of tho.re co.rt.r�vere driven up for cu.rtomi�ed po.rt.r. I�ith Bmoking.r, the i.r.rue is mon complicated
becau.re 6th Street i.r contmlled by the State Department of Tran.+�ortation and the State svants con�i.rtency in.rignage
and doe.rn't�vant.rign pollution: Hotvever, it i.r the City'r main arterial used to navigate visitor.r.
lY�eldon.raid the Board�vould like to begin�orking on the Plan'.r�commendation.r thi.r.r�ring including�nrking
clo.rely�vith BATA a.r the primary.renrice provider and logical organitiation to jimvide tranrzt need.r and po.rrzbly.rome
fzxed route.r
The City received a `Safe Boute.r to School Grant"inpartner.rhip with the School Di.rtrict, rvhich the Board avil!
undertake thisyear. The City will al.ro be app�ing for fund.r in thi.ryear'cgrant cycle, which i.r due Apri11 st.
Anotherp�nnject will be the de�zgnated bike path with a r�commendation due by March 1.rt and implementatton over
the.rummer�vorking with the.rtudent a.rrnciatron.
I�P/eldon noted that fznances will be a limitation but there are npportunftie.r to achieve opportunity of rcale.
ACTION: A motion was made by Munsterman, seconded by Brunner, to accept and
approve the Transportation Board's Report,noting that the Board's recommendations and
action steps are good and the City Council looks forward to periodic updates from the
Board. Discussion: Whaley agreed the repott was very thorough, but her biggest concern is
chip seal area aslcing ifit extends to areas of the bikeparhs. All present voted yes; motion
camed.
Formation of a Com�lete Count Committee. The Council reviewed a draft resolution that
would establish a Complete Count Committee (CCC). A CCC is a major vehicle for planning and
implementing local, targeted efforts that will uniquely addtess the characteristics of the Brookings
community. Staff recommended adoption of a resolution in January or February in order to get
members appointed and the corYUnittee working on campaign planning. During 2009, Census
officials recommend CCC members obtain training, finalize the plan,and conduct census-generating
activities with at least one activity per month.
There was a question about a joint committee with the County or if the City should take the lead.
Reed asked that Weldon communicate with the County on the issue and then bring back the
resolution for council action.
6:00 p.m. Meeting Review. The City Manager responded to questions pertaining to the action
items on the agenda.
City Clerk Re�ort. Shari Thornes, City Clerk,provided a briefing on upcoming invitations and
obliga.tions. ,
C�Coun�il member introduction of to ics for future discussion. Whaley asked that the City
Council review its snow removal policies and consider increasing its fees. She also asked for a
discussion in January or February regarding the City's 72 hour parking lot policies. She further
requested,on behalf of Council Member Bardey,that the Council discuss and provide an update the
Brookings Health Systems at its January 27`�meeting.
The Council agreed to start the January 27�'meeting earlier than usual at 4:00 p.m.with the storm
drainage topic at 5:00 p.m.
McClemans asked for a discussion regarding the fire station on south Main Avenue and an update
on the Fire Department's ISO rating.
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A motion was made by Reed, seconded by McClemans, to ask that the City Manager and Staff work
with the City Attorney to bring additions and revisions to Rental Licensing ordinances,to a work
session within 3 months. One addition would be to require publication of all xental licenses and
requiYed application information on the city web site. Searchable by rental address. Rental
inspections should be expanded to include the following: Exterior doors equipped with deadbolts,
Locks in working order, Entrances to residences axe properly lit,Windows must have interior locks,
One working CO2 detector if a gas appliance exists, GFI circuit plugs used in wet areas, Electrical
system is in proper wotking order (check plugs),Plumbing system is in working order (no leaks and
sewage gas is properly vented),Balconies are structurally sound, and no visible mold in residence.
City staff including fire,police,building inspectors, and code inspectors should be consulted to
validate and add to this list. Student Association should also be interviewed for possible additions.
All present voted yes;motion carried.
6:00 P.M. CITY COUNCIL MEETING
Consent enda: An update on County space needs plan was added to the agenda. There was a
correction noted in the November 18'''minutes inserting the bid tab information. Action to renew
the joint City/School Facility Agreement was removed from the agenda. Corrections were noted in
Ordinances 44 and 46. A motion was made by Whaley, seconded by Reed, to approve the agenda
with the above amendments,which included:
A. Action to approve the agenda as amended.
B. Action to approve City Council Meeting Minutes from October 28,November 18
(corrected), December 9, and December 16,2008.
C. Action on Resolution No. 01-09, a Resolution Creating And Establishing A
Committee For The Purpose Of Development And Implementation Of Coordinated
Traffic Safety Programs Within The City Of Brookings to be known and Designated
as the City of Brookings Traffic Safety Committee.
Resolution No. 01-09
A Resolution Creating And Establishing A Committee For The
Purpose Of Development And Implementation Of Coordinated
Traffic Safety Programs Within T'he City Of Brookings To Be
Known And Designated As The City Of Brookings Traffic Safety
Committee
WHEREAS, the City Council is of the opinion that it is in the public interest to provide the
citizens of Bxookings with traffic safety programs and services; and
WHEREAS,it is recognized that there is a need in the City of Brookings for coordinated
traffic safety programs that will have full public support;
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL:
SECTION 1. T'R.AFFIC SAFETY COMMITi'EE
There is heteby created and established a comtnittee to be entitled and designated as the
Brookings Traffic Safery Comtnittee.
SECTION 2. FUNDING
Funding for the Cominittee shall be as budgeted by the City Council.
SECTION 3. DUTIES AND RESPONSIBILITIES OF THE COMMITTEE
The committee shall be specifically responsible but not limited to the following:
1) Developing and implementing coordinated traffic safety programs that meet local
needs;
2) Acting in an advisory capacity to the City Manager, City Engineer and the City
Council as a whole in the cootdination of traffic safety activities of the official
agencies and departments of the City of Brookings;
3) Establishing safety prioxities for the City;
4) Reviewing and appxoving project applications for funding;
5) Serving in a liaison capacity between the City of Brookings and the South Dakota
Highway Safety Program in developing the State Highway Safety Program and in
meeting the National Highway Safety Pro�am Standards;
6) Promoting public acceptance of official progxams proposed or instigated by the City;
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7) Fostering public knowledge and support of traffic law enfoxcement and traffic
engineering problems;
8) Cooperating with city schools in promoting educational traffic safety aids; educating
the public in traffic safery;and
9) Generally aiding the overall reduction of traffic accidents,injuries and deaths on the
city streets.
SECTION 4. ORGANIZATION OF THE COMMITTEE
a. Manner of appointment, tertns. T'he Brookings Traffic Safety Committee shall be
appointed by the Mayor,with the advice and consent of the City Council, for three
yeax terms that commence in January. Members may be appointed for additional
terms not exceeding three years each.
b. Membership Composition. T"he Committee shall consist of 13 voting membexs,who
shall be appointed with due regard to tepresentation from the following areas:
1. Brookings Chief of Police or his/her designee
2. Chamber of Commerce Representative
3. City Engineer or his/her designee
4. SDSU Chief of Security or his/her designee
5. School Superintendent or his/her designee
6. Street Superintendent or his/her designee
7. Automobile Insutance Representative
8. Citizen at Laxge
9. Senior Citizen Representative
10. Industry Representative
11. Jogger/Bicyclist Representative
12. Citizen at Large
13. Citizen at Large
c. The Committee is heteby authorized to appoint as ex-officio members of said
Committee any additional persons without voting privileges by majority vote of the
Committee at any meeting where a quorum is present.
d. Vacancies: If a vacancy occurs prior to the expiration of a term,the vacancy may be
filled by appointment for a tertn not exceeding three years,which term shall expire
on Decembex 315L
e. Residency. The majority of the members shall be residents of the city.
f. Elected Officers: The Traffic Safety Cominittee shall annually elect from its
members a chairperson and vice-chairperson to serve a term of one year. The
Cominittee may designate from among its membership such other officers and
subcommittees as it map deem appropriate and necessary.
g. Meetings: The Committee shall regulaxly hold meetings as such times and places as
it shall determine. It may also meet on the call of the chaixperson or on call by a
majority of its members.
h. Quorum: The majority of the members of the Brookings Traffic Safety Committee
shall constitute a quorum for the transaction of its business.
SECTION 5. REPEAL OF PREVIOUS RESOLUTION "
Resolution No. 59-03 dated October 14, 2003 is hereby repealed.
D. Action to renew a joint City/ School Facility Agreement (REMOVED FROM
AGENDA).
E. Action on Resolution No. 02-09, a resolution authorizing Change Order(CCO#1
Final) for Brookings Regional Airport Miscellaneous Electrical Improvements
Project AIP#3-46-0005-019-2006 with Brookings Electric Construction, Inc.
Resolution No. 02-09
A Resolution Authorizing Final Change Order (CCO#1 Final) For
.Airport Miscellaneous Electrical Improvement Project AIP# 3-46-0005-019-2006
Brookings Electric Construction, Inc.,Bushnell, SD
BE IT RESOLVED by the City Council that the following change order be allowed for
Airport Miscellaneous Electrical Improvement Project AIP# 3-46-0005-019-2006:
Construction Change Order Number 1 Final (CCO#1 Final):Adjust contract price for the
work to remove&dispose of extra depth pavement at inset lights and for constant
brightness modifications to supplemental wind cone for a total increase of$5,145.52 to final
out the project. Adjust completion date by 213 calendax days.
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F. Action on Resolution No. 03-09, a resolution authorizing Change Order (CCO#1) for
2008-02STA 15`� Street South, Christine Ave. and Camelot Drive Street Assessment
Project with Winter Brothers Underground, Inc.
Resolution No. 03-09 '
A Resolution Authorizing Change Order (CCO#1) For 2008-02STA 15�'Street South,
Christine Avenue and Camelot Drive Assessment Project
Winter Brothers Undergxound, Inc., Sioux Falls,Brookings, SD
BE IT RESOLVED by the City Council that the following change order be allowed for
2008-02STA 15�' Stteet South, Christine Avenue and Camelot Drive Assessment Project:
Construction Change Order Number 1:Adjust contract price for work to modify a 3'x5'
Sioux Falls inlet and to install a 3'x5' storm sewer Junction Box including manhole lid and
casting for a total increase of$3,700.00.
On the motion, all present voted yes; motion carried.
Ordinance No. 43-08 - Conditional Use. A public hearing was held on Ordinance No. 43-08,an
ordinance establishing a conditional use to establish a two-family dwelling on Lot 1,Block 5,Bluegill
Addition (1503 22nd Street South). No public comments were received. A motion was made bq
McClemans, seconded by Reed,to approve Ordinance No. 43-08. Di.rcu.r�ion: It�va.r noted that the
Planning Commi.r.rion voted ta deny thi.r r�que.rt and if the City Council uianted to a�ipmve it,five a�rmattve vote.r
avould be needed. Whaley a.rked if thi.r pr��ject met all the requirement.r for.ritie,parkin� etc. and if the parking�va.r
the bigge.rt concern. Dan Han.ron.raid ye.r, that rva.c correct. She a.rked if there u�a.c anything located on the other�ide
of thi.r property? No. On the motion,Bezdichek,Brunner,Munsterman and Reed voted no.
McClemans and Whaley voted yes;motion failed.
Ordinance No. 44-08 - Rezoning_ A public hearing was held on Ordinance No. 44-08: An
ordinance rezoning the west 338 feet of the N'/z of the NW'/a of Section 34-T110N-R50W, except
the south 92 feet thereof, from an Agricultural a District to a Residence R-1A District. No public
comments were received. A motion was made by Whaley, seconded by Reed, to approve Ordinance
No. 44-08. All present voted yes;motion caxxied.
Ordinance No. 46-08 - Zoning_ A public hearing was held on Ordinance No. 46-08: An
ordinance amending the zoning ordinance of the Jo�t Jurisdiction Area pertauung to an Agricultural
Research Facility as a permitted use in the Agricultural A District. No public comments were
received. A motion was made by Brunner, seconded by Whaley, to approve Ordinance No. 46-08.
All present voted yes;motion carried.
Ordinance No. 47-08 -Conditional Use. A public hearing was held on Ordinance No. 47-08: An
ordinance for an application for a conditional use to esta,blish a beauty shop (hair salon) on Lot 9,
Block 3,Timbezline Addition, also known as 1108 Telluride Circle. No public comments were
xeceived. A motion was made by McClemans, seconded by Whaley, to approve Ordinance No. 47-
08. All present voted yes;motion carried.
TABLED: Resolution No. 115-08. A motion was made by Reed, seconded by Brunner,to
remove Resolution No. 115-08 from the table. (December 16`b Motion.r.• A motzon sva.r made by [Y>hadey,
.reconded by Keed, to approve Ke.ralution NO. 115-08. A motion to amend ava.r made by Mun.rterman, .reconded by
Brunner, to amend the amount to,�'1.00 peryear. Di.rcu.r,rion: Sta�'.rugge.rted clarification to determine if Federal
grant a.r.rurance.r would adlniv thi.r reduction. A motion wa.r made by Bartley, .reconded by Beed, to table action to
January 13, 2009. All pr�.rent voted YES to TABLE to January 13, 2009.) The amendment was
withdrawn by Munsterman and Brunner. On the oxiginal motion, all pxesent voted yes;motion
caxried.
Resolution No. 115-08
Resolution of Intent To Lease Real Property
BE IT RESOLVED by the governing body of the City of Brookings,South Dakota, that the
City of Brookings intends to entex into a Lease with Advance for a period of two (2) years,
commencing on January 1, 2009 and ending January 1, 2011 and pertaining to the following
described property: The designated parking lot of approximately 15,300 square feet in size,located
on Brookings Airport property and adjacent to Division Avenue,in Section 27,T110N,R50W in
the City of Brookings, Brookings County, South Dakota.
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The Lease will be an amount of One'Thousand, Six Hundred Eighty Three Dollaxs ($1,683.00) for
2009,which is $0.11 per square foot,payable by the last working day of Januaxy, 2009. The lease
amount may be adjusted by the Brookings City Council for 2010,which will be payable by the last
working day of January, 2010. The City of Brookings may terminate this Lease with a notice of 60
days to the lessee.
BE IT FURTHER NOTED, that a Public Hearing on this Resolution was held on December 16,
2008 at 6:U0 o'clock P.M. at the City Council Chambers and that all persons were given an
opportunity to be heard on the intent to lease real property.
Tax Increment Finance Guidelines. Weldon presented a revised document that would prescribe
the use of tax increment finance for the Ciry of Brookings. He noted that previously he had referred
to it as a"Policy" and since changed it to "Guidelines"because of the substantial latitude that is
available in determining�e specifics of each tax increment application that comes before the
Council. Each TTF application would requixe a sexies of hearings before the Planning Conunission
and approvals from the City Council. Depending upon the specifics of the application,the City
would be able to consider a project plan and development agreement that can be customized to out
project goals with some flescibility instead of an infle�cible policy which must be adhered to unless
and until the policy is changed.
ACTION: A motion was made by Whaley, seconded by Reed,to approve the "Guidelines for the
Use of Tax Increment Finance."
Council Di.rcr�.crion: McCdeman.r expr�.cred concern on how the City tvould turn down an applicant that ha.r compdeted
all the pre-applicatzon r�quir�ment.r. He e.xpr�a.red concern that the TIFs will take o�'and gmw a life of their orvn.
W>eldon noted that Step #2 enable.r the City to r�view each application and determine if ther�'r enough Counci!
intere.rt in the pmject tn pmceed. McCleman.r�va.r concerned that the Councid could determine at that.rtage the pmject
was viable and then turn it do�vn later. Ht u�a.r particularly concerned urith re.ridential pmject.r. The City ha.r done
two re.ridential tax increment financing di.rtricts and think.r for the next six month.r the City.rhould be cautiou.r about
doing morr urrti!it ha.r a better underrtanding what it'r dnne and how the current TIPr are�vorking. I.Y>eldon noted
that would be a legitimate r�ason to turn do�vn an application, becau.re the City alr�ady ha.r trvo in pmce.cr and rvith
the current econnmy and hou.ring market, it want.r to u�atch and evaduate before appmving another one. There ar�
opportunitie.r with.rtep.r 2, 8, 9 and 11 to turn doum an application.
BeZdichek raid thi.r urill be a `learn a.r we go'pmce.r.r and liked.rome of the thing.r in the guideline.r, but noted ther�
could come a time in the pre-application proce.rr wher�the developer need.r to be careful having already inve,rted into a
project and the City.ree.c it and turns it down. Overall, he like.r the guidedine.r and it'r a.rtart and the City 1vi11 learn
a.r itgoe.r. However, he agr�ed that the City.rhould be more casrtiou.r urith�.�dential j�mject.r
On the motion, all present voted yes to adopt the Guidelines for the Use of Tazc Increment Finance
in the Ciry of Brookings,South Dakota.
Guidelines for the Use of
Tax Increment Finance
-City of Brookings, South Dakota-
Purpose of these Guidelines:These guidelines are established to outline the City's position
governing the intended use of tax incxement financing (TI� as an economic development tool for
development. These guidelines operate within the parameters of SDCL 11-9 as amended;and shall
be used as a procedural framework for considering applications for its use. The fundamental
purpose of tax increment financing in Brookings is to encourage desirable development or
redevelopment that would not otherwise occur but for the assistance p�ovided thtough TIF. It shall
further be the intent of TIF use to be for the shortest duration possible to achieve the City's desired
results for the specific project. The City reserves the right to approve or reject projects on a case-
by-case basis, ta.king into consideration established policies,project criteria, existing ordinances, and
demand on city services in relation to the potential benefits fxom the pxoject. Meeting the criteria
does not guarantee the awaxd of TIF to the project. Approval or denial of one project is not
intended to set precedent for approval ox denial of another project. Each pxoject is unique and
must stand on its own merits.
Section I: Objectives governing the use of TIF
The City will consider using TIF to assist private and public development pxojects provided Item (8)
in this Section and one additional of the following public purpose objectives are satisfied.
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1. To retain local jobs and/or incxease the number and diversity of jobs that offer stable
employment and/or attractive wages and benefits. These jobs should be at the level
sufficient to being considered a living wage/head-of-household income, and be considered
primary jobs.
2. To encourage the redevelopment of deteriorated, contaminated, designated"brownfield", or
otherwise blighted real property through the investtnent of TIF funding; to xesult in an
appreciably higher level of quality redevelopment and private reinvestment.
3. To stimulate economic development in Brookings by assisting projects that promote the
long term economic vitality of the community; and contributes to the fulfillment of the
City's development or redevelopment objectives.
4. To stimulate incxeased private investment in areas that would have otherwise remained
undeveloped or undex-developed and which will,in the long term,provide a significant
souxce of additional tax revenues to all taxing jurisdictions.
5. To encourage additional unsubsidized private development in the area, either direcdy or
indirecdy thtough"spin-off' development.
6. To stimulate the construction of safe and affotdable housing units for low and moderate
income residents and expand the genexal housing stock. �The latest available housing
plan/survey, and information from South Dakota Housing Development Authority should
be used as the primary guideline for deterriining affordability levels.)
7. To offset increased costs of redevelopment over and above the costs normally incurred in
development.
8. To facilitate the development process and to achieve development on sites which would not
otherwise be developed BUT FOR the use of TIF. Use of TIF shall be considered a
financing means of last resort as determined by the City Council.
9. To suppoxt and assist in the implernentation of the City's Comprehensive Plan.
10. To broaden and expand the tax base to the benefit of all taxing jurisdictions.
11. To support redevelopment efforts that enhance and preserve unique uxban features �
including but not limited to the downtown central business district,historic districts,
entryway features and amenities, and public assembly axeas.
12. To the extent permitted by law, tax increment proceeds may be used to finance eligible city-
owned projects and unprovements within the district as deemed necessary by the City
Counc.i.l.
Section II: General guidelines governing the use of TIF
1. The Ciry of Brookings will comply with all requixements of SDCL 11-9 as amended. The
City will undertake a comprehensive analysis to ensure the proposed project satisfies the
`BUT FOI�"criteria. The project must demonstrate to the satisfaction of the City Council,
that it is not economically feasible without the use of TIF.
2. The City of Brookings will use tax increment financing only when a clearly identified city
development objective is served and only to the degxee necessary to accomplish that
development objective.
3. Tax incxement financing will only be used in cases where the City has the financial capacity
to provide the needed public assistance,the Council deems it fiscally prudent to pxovide
such assistance, and the developer can clearly demonstrate the development will be able to
meet it's financial and public purpose obligation.
4. The financing method of TIF districts shall be a `�ay-a.ryougo"method whereby the
applicant fronts the costs and will be reimbursed by the City over time as increment
becomes available. The developer shall be considered the borrower under`pay-as-you-go"
and the City shall not be lia.ble for debt. As an alternative, the City Council may consider the
issuance of bonded indebtedness through tax increment bonds only when unique
circumstances determine"pay-as-you-go"is not feasible.
5. As a condition of using TIF, applicants agree to waive their right to use the discretionary
formula. The discretionary formula provides a financial incentive in addition to the use of
27 �
tax increment. Using the discretionary formula lessens the availability of increment needed
to finance the project.
6. Only those public improvements and redevelopment costs direcdy associated with, or
needed to service the proposed development plan or project, should be financed through tax
increment proceeds.
7. The amount of increment xemitted to the developer shall not exceed the amount in the
approved project plan as adopted by the City Counc.il; and shall be only for the lesser of
either actual or budgeted expenditutes in the approved plan.
8. 'I'he duration of the tax increment district shall be detenni.ned in the approved project plan
as adopted by the City and shall terminate at such time as the sufficient incxement has been
generated puxsuant to the approved project plan. In the event sufficient incxement has not
been generated by the time of the scheduled decertification of the district, the developer
shall be responsible for any shortfall.
9. Tax increment expenditures shall only be made for items directly related to, and ancillary to,
a bona fide public purpose or public benefit as determuled exclusively by the City Council.
10. The City shall advertise for competitive bids for construction of the project, shall hold the
construction contract, and shall make payments to the contractor with reimbursements from
the applicant for pay-a.ryougo projects, or fxom the bond fund for bonded indebtedness
funds. The City shall not make any payments to the contractor until the applicant has made
sufficient deposits to the City to cover the contractor payments fox j�ay-a.ryougn projects.
11. All development proposals should seek to maximize the amount of private investment per
dollar of public assistance. Public assistance as a pexcentage of total development costs will
be determined for each project as part of the review and compaxed to other development
projects or subprojects of similax scope and magnitude whenever possible.
12. The City may, on a case-by-case basis, establish public putpose requirements specific to an
application that must be met for the project. Such requixements shall be described in the
project plan, development agreement, or other binding document between the City and the
applicant,which may be in addition to the scope of applicable city ordinances or policies.
Such items which may be included and if included would requ.ire performance by the
Applicant may include but are not limited to: prescribed valuation of a home or building,
acreage ox building sizes,wages,number of jobs created/xetained,building materials
affecting appearance,landscaping, signage,property valuation increases, sales tax generating
capacity, historic pxeservation, envixonmental improvements, transporta.tion impxovements,
blight remediation,parking improvements, etc.
13. Applicant shall demonstrate to the satisfaction of the City that sufficient ma,rket demand
exists fox the proposed project. TIF shall not be used to support speculative projects.
14. Applicant must pxovide adequate financial guaxantees to constitute a minimutri of 10 percent
equity investment cash infusion by Applicant into the overall project. Private lender
financing and TIF shall not be�counted toward the 10 percent equity requitement.
15. Applicant must provide adequate financial and legal guarantees to ensure completion of the
project,including, but not limited to letters of credit,performance bonds, and personal
guarantees.
16. For the purposes of underwriting the proposal, the applicant shall provide any requested
market, financial, environmental, or other data pertaining to the proposed TIF project
requested by the City or its consultants.
17. The project must be consistent with the City's Comprehensive Plan, Zoning Ordinances,
Subdivision Regulations,Land Use Plan, and any other duly-adopted master plans affected
by the use of T�Increment Financing.
18. The applicant shall adequately demonstrate,to the City's sole satisfaction, an ability to
complete the proposed project based on past development experience,general reputation,
and cxedit history, among other factors,including the size and scope of the project.
19. The City may reject the use of TIF if it determines the project would place an extraordinary
demand on city services or if the project that would have significant detrimental impacts on
the health, safety,or general welfare of the community. •
20. The City may consider amendments to either the district boundaries after a district is
certified, or to the previously-adopted project plan. Amendments may be necessary to
accommodate changes to desired public purpose outcomes.
21. The final interest rate and terms on the TIF Note shall be determuied by the City Council
and incorporated into the Development Agreement.
Section III: Economic Analysis and Risk Assessment Process
1) Proposed uses of tax increment will be subject to rigorous economic analysis and risk
assessment. T'his analysis will be conducted by the TIF Review Staff Team through their
review process. The analysis may include review and assessment by consultants. ('I'he TIF
,
273
Review Staff Team shall consist of: City Manager (or designee), City Finance Officer, City
Engineer, Community Development Director,Planning/Zoning Administrator,BEDC
Economic Development Director.)
2) The analysis and assessment of all proposed uses of tax increment will address the following
questions as paxt of the standard format for reports to the City Council.
i. What is the public purpose of the financial assistance for this project?
ii. Why is there a financial need for public investment and/or subsidy?
iu. What is the total cost of the project?
iv. What is the appropriate level of public participation?
v. What are the risks associated with the project?
vi. What axe the alternative plans for managing the risk?
vu. How does the proposed project finance pla.n compare with previously approved
compatable projects?
viu. What is the project's impact on other publicly financed projects?
3) 'I'he results of the Economic Analysis and Risk Assessment will be presented to the City
Planning Commission and City Council at a time consistent with the schedule provided in
Section V. The report shall identify any elements of the proposed project that are not in
conformance with this policy.
4) Applicants shall pay a TIF application fee as determined by City resolution as a means of
cost recovery for time and resources involved with approval of a TIF project. The fee shall
be due and payable as part of the application process in Section V, Step 3. The process
outlined in Section V shall not pxoceed until this amount has been paid in full. Applicants
shall pay the fees associated with the Bond Counsel and Financial Advisor who shall be
retained by the City for review of the TIF project. Applicants shall pay direct costs
associated with processing the TIF application including but not limited to postage,hearing
notices, surveys,platting, engineering, copying,legal fees, appraisals,recording fees, etc.
Such costs shall not be the responsibility of the City.
5) The City may require periodic repoxts on the financial and developmental performance of
the TIF district during the term of the district.
Section IV: Eligible costs of tax increment revenue
The City reserves the right to furthex restrict eligible costs as enumerated in state law in this section
as well as for each TIF project. Private buildings, structures,utilities or other private-use
improvements are not eligible for TIF assistance. Development costs that are eligible for
xeimbursement with tax increment revenues axe listed below.
• Property acquisition
• Elimination of sluxn and blighted conditions on property/land clearance
• Soils corrections
• Site preparation/clearing and grading of land
• Removal of hazardous wastes or xemediation of site contamination
• Construction of capital public improvements such as:
Streets Curb and gutter
Storm drainage utilities/ponds Wastewater utilities
Water utilities Sidewalks/trails/pathways
Landscaping improvements Signage&traffic controls
Lighting Public patking lots
• Organizational costs
• Capitalized interest/finance chaxges
• Professional service costs
• Imputed administrauve costs
• Relocation costs
• Other costs permitted by state law as may be prescribed in the TIF project plan.
Section V: Tax Increment Finance application and approval process
Each step must be approved before the project can move to the next step. The project shall be
terminated for failure to meet the requirements of each step unless each step is satisfactorily
completed or the step is modified to the satisfaction of the City in order to advance to the next step.
1) Applicant submits pte-application for TIF project to Community Development Director.
(Attachment 1)
2) City Council reviews pxe-application to assess viability/feasibility of pxoject.
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3) Applicant submits full application,including application fee, to Community Development
Director. (Attachment 2)
4) TIF Review Team undertakes review of the application and project.
5) Project Plan is written by Review Team, Bond Counsel, &Financial Advisor.
6) Notices of a Public Hearing before Planning Commission are distributed.
7) Planning Commission holds public hearing; approves the district boundaries and project
plan.
8) TIF Review Team develops Development Agreement.
9) City Council approves disttict boundaries and Project Plan.
10) City Engineer and Community Development Director give final approval of development
plans.
11) City Council apptoves Development Agreement.
12) City advertises for bidders fox the construction of the project.
13) City staff holds bid opening, City Council awards contract for construction.
14) City Engineer gives contractor notice to proceed with construction.
15) City forwards appropriate xecords to Dept. of Revenue and County Officers.
16) Review/evaluation of project performance. (Attachment 3)
NOTE: In the event the TIF Review Team rejects the project in Step 4,the applicant may appeal to
the City Council. The TIF Review Team shall provide the applicant a list of deficiencies as
justification for any rejection of the project.
Attachments: 1) Pre-application,2)TIF Application, 3) Evaluation/project performance
_PQtential�rojects for Federal Economic Stimulus Package. A motion was made by Whaley,
seconded by Reed, to adopt these local projects as potential candidates to be submitted for
consideration for federal economic stimulus funding: Innovation Campu.r infrastrarcture, ,�4 million;Wie.re
Bu.rine.r.r Park infra.rtructure, ,j2 million;34`b Avenue/20`b Str�et impmvement, ,�'12 million; 11`�St. infra.rtructure
and.rtreet, ,�> million;Storm drainage impmvement.r, ,�20 midlion;Bailroad.rafety improvement.r, �'1 million;Smart
grid/demand mgmt/con.reruation, �'S10,000 (electrrc);Tran.rmi.rrion/di.rtribution replacement, ,�1.9 million (electric);
Sub.rtation/tran.rformer r�lacement,$2.5 million (electric);Bmadband telecommunication netrvork, ,�750,000
(telecommunications);Wa.rtervater collector yrtem r�hab, �'600,000 (wa.rtewater);and Water main r�air and
�zplacement, ,�560,000 (water),for a total of�'46.82 million. All present voted yes;motion carried.
Preview of 2009 Ca�ital Construction Items. Weldon provided the Council and public with a
pteview of the City's 2009 capital improvement project list that addresses construction pxojects,
noting that staff is in the pxocess of developing work plans to execute these projects during the
coming construction season. This list does not include minor capital construction items which axe
mosdy maintenance in nature: Com�letion of 2008�xo�ects: Downtown streetscape project
(intersection Main/3`�;landscaping;punch-list),Timberli.ne Ponds (sidewalks, seeding, trees), 15�'
Street at Camelot School, 32"d Avenue North (asphalt wear course),Edgebrook Golf Course
Executive Coutse (seeding),Moriarty Park resttoom building, and Hillcrest Paxk playground
equipment. 2009 Construction�rojects—streets and infrastructure: Innovation Campus
infrastructure,Martin Dxive mill and overlay, 5�`St. from 3`�Ave. to Main Ave. mill and overlay, 4�`
St. from 3`�Ave. to Main Ave.mill and ovexlay,East corridor Bike Trail Project (DOT with city
match),Traffic signal upgrade at Orchard Dr./22°d Ave. (DOT with city match), 15�`/Medary 8-lot
subdivision for ICAP,Bike lane designations, Storm Drainage projects fxom Master Plan (s�ecific �., -
projects TBD by April),Airport fuel system, Electronic storage building at Landfill/So�id��ast� . -
faciliry, and Roof& overhead door repairs at three buildings. 2009 Construction�rojects-�arks:
Safe-Route-to-School sidewalk&trail sqstem,Larson Ice Center—xed rink seating,Larson Ice
Center—west parking lot and west building fac�ade improvements,Larson Ice Center—east parking
lot re-surfacing,Pioneer Park band shell rehab, Camelot Park playground equipment and sidewalk,
Hillcrest Park picnic sheltex,Northbxook Paxk—Chittick Gardens sheltex and restroom,
Library/Senior Center landscaping (former Calhoon bldg. site), Edgebrook Golf Course—sign on
22°a Ave.,and ADA modifications to various playground equipment. .
City/County S,�ace Needs Utidate. Weldon reported that the BEDC recendy hosted a meeting
involving city and county representatives xelated to space needs. Munsterman,Reed and Weldon
attended on behalf of the City. The group discussed a new option that would involve demolishing
the Elks and Seniox Citizens buildings,both owned by city,and then build a new joint city/county
administration facility. The plan would provide for a 15,000 square foot three story building. One
option discussed under this plan was the possibility of acquiring the property from the McCann/
Ribstein Law Firm. Another part of this plan would be to secure another facility for the senio�s and
provide assurances to them that the new location and opportunities would be the same or better.
Paxking in this plan may be an issue. Acquiring property to the west for parking was discussed.
275
There have been concerns zaised about other properties under considexation because it would
involve taking viable taxable commercial property off tax roles.
Munsterman commented that this is a viable option to explore,particularly since the City already
owns the land and there may be opportunities for conjoining spaces and services.
Reed noted that the County Commission representatives who attended that meeting felt positive
about the plan. However, the County is ready to move forward right now with their building plans.
This plan could be fle�ble in not building out the site completely at first and joining the County at a
later date.
Whaley expressed concern about moving the senioxs out of downtown. She was concerned that site
would not provide enough parking for both city and county needs. She felt the City and County
services were sepaxate and needed their own facilities. She also doesn't like that area because it
would be too congested.
Weldon said the vacated road by the future museum will xetain one-way traffic with diagonal
parking. He noted that the City was aware that the seniors prefer to stay downtown.
Whaley liked the idea of the Seniox Citizen Center being located between the new museum and
library because it could become a more intergenexational facility.
Brunner felt the concept was worth e�loring including how to deal with the parking issue.The City
would need to make sure the seniors'needs are taken care of and are provided with a quality center.
This concept could meet a lot of needs for both the City and County.
Whaley said she would need to be convinced on both the parking and the joint use concepts.
Munsterman noted that downtown needs more parking. .
There was Council consensus to explore the concept. Weldon with have a conversation with
County officials, fast track this exploration process and the City will offer the County whatever it
can to assist in expediting the project.
Adjourn. A motion was made by Reed, seconded by Whaley, to adjourn. All present voted yes;
motion carried. Meeting adjourned at 6:47 p.m.
CITY ROOKINGS
y=3'��e•T�E�'o Scott unsterman,Mayor
:o
C1: ✓�9� :�c
O: 0'2
f�. �
GT• A• �(//-�
Shari Thornes,City Clerk
27 �
January 2009 Salaries: Mayor, 400.00; Council, 300.00; City Manager, 9,333.33;
Receptionist/Records Clexk,15.03; City Clerk,4,410.77;Deputy City Clerk, 18.48;Human Resources
Director, 5,323.46;Human Resources Asst,20.01;Finance Manager, 5,478.58;Deputy Finance
Officer,4,40�.94;Accounting Specialist,22.62;Accounting Clerk, 17.92;IT Specialist, 24.14;
Community Development Director, 5,666.67;Planning, Zoning&Housing Administrator, 4,651.54;
Code Enforcement Officer, 17.20; Code Enforcement Officer,20.12; City Engineer,6,782.56;
Asst.City Engineer, 5,046.34;Building Services Administrator, 4,526.48;Executive Asst, 19.00;
Engineering Technician I, 18.98; Senior Secretary, 16.90;Airport Manager, 4,116.76; Airport
Operations/Maintenance Technician,17.91;Police:Patrol Officers, 22.12;Patrol Officers, 19.68;
Sergeant, 22.61;Patrol Officers, 20.45;Lieutenant, 4,904.94;Police Clerk, 16.43;Patrol Officers,
21.28; Police Chief, 6,045.28; Sergeants,24.45;Sergeant,23.53; Office Clerk, 14.61;Lieutenant,
_ 4,721.89; Captain, 5,353.51;Patrol Officer, 18.92;Lieutenant, 4,863.50; Captain, 5,353.51;Dispatch:
Communications Operator, 14.57;Communications Operator, 15.76; Communications Opexators,
17.74; Communicarions Commander,4,409.80;Communications Operatoz, 16.40;Animal Control
Officer, 17.64;Depury Fire Chief, 4,303.04; Office Manager, 19.00; Fire Chief, 5,493.67;Street:
Shop Supervisor/Mechanic, 20.12; Street Maintenance Technicians, 17.91; Street Maintenance
Technician,16.55; Heavy Equipment Operators,20.12; Street Superintendent,4,976.01; Office
Manager, 19.00;Traffic Contxol Supervisor,20.12;Advanced Equipment Operators, 19.00;
Park/Recreation/Forestry: Recreation Program Cootdinatox, 3,440.06;Paxk Technician, 15.93;Park
Technician, 16.55;Paxk Technician, 17.23;Park Technician, 17.91;Recreation Superintendent,
4,453.29;Building Trades Technician, 17.91;Shop Supervisor/Mechanic, 20.12; Office
Manager,20.12;Directox Park/Rec&Forestry, 5,646.73; Golf Course Superintendent, 4,117.73;Parks
&Forestry Supervisor, 4,210.90;Bu.ilding Trades Specialist, 20.12;Park Supervisor, 20.12;Park
Supervisor, 19.36;Park Supervisor, 19.49; Forestry Supervisor, 20.12; Forestry Technician, 15.31;
Forestry Technician, 17.91;Library: Community Services Coordinator, 16.90;Young Adult Sevices
Coordinator, 18.24;Children Services Librarian,21.34;Technology Services Librarian, 23.97;
Circulation Manager,17.91;Circulation Asst I, 9.00;Library Director, 5,202.84;Interlibrary Loan
Services Coordinator, 15.95;Adult Services Librarian,•23.97; Circulation Asst II/Technician Services
Asst, 15.95;Administtative Asst, 16.90;Liquor: Sales Associates, 15.03;Accounting Officer II,
20.12, Store Manager, 4,578.31; Landfill: Sanitation Collector,14.72; Sanitation Collectors, 17.91;
Sanitation Supervisor, 19.00; Solid Waste Worker, 15.93; Solid Waste Coordinator, 21.34;Director
of Solid Waste Management, 5,141.11;Advanced Equipment Operator, 19.00;Landfill Scale
Operator, 14.47;