HomeMy WebLinkAboutCCMinutes_2007_04_17 308
Brool�ngs City Council
Apri117, 2007
The Brookings City Council held a meeting on Tuesday,Apri117, 2007 at 4:00 p.m., at Ciry Hall
with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek,
Mike Bardey, Michael Reitz (arrived 5:03 p.m.),Tim Reed and Ginger Thomson. Julie Whaley was
absent. City Manager Dennis Falken, City Attorney Steve Britzman, and City Clerk Shari Thornes
were also present.
Official canvassing of the Auri110, 2007 municipal election ballot. Shari Thornes, Ciry Clerk,
assisted the Council in officially canvassing the Apri110, 2007 election by opening the sealed official
Poll Books and comparing their results with the election machine reports,precinct recap reports,
registration lists and the final resolution.
Presentation on large residential develo�ment rec�uirements. Dan Hanson, Planning& Zoning
Administrator,gave an overview of the zoning requirements fox a large scale residential
development (LSRD). The nzles are found within the city's subdivision regulations are intended to
allow fle�bility within the subdivision and zoning regulations for this type of development. The two
most flexible components of South Dakota regulations and local zoning ordinances are the LSRD or
a Planned Development District (I'DD). With a PDD exceptions can be granted to zoning
regulations usually in exchange for unusual design features and other aesthetics.
In the case of a LSRD the development is subdivision based and the plan is first heard by the
Planning Commission to determine if what is requested axe appropriate variances to the subdivision.
The first one ever done in Brookings was Indian Hills in the 1960's,which was a cluster
development with smaller lots in cul-de-sacs and open space concept. The Planning Commission
reviewed this proposal from a density standpoint. The density was lower than in the standard R1B
areas.
In 1989 the City adopted a major revision to the city's comptehensive plan to xequire designation of
all variances requested. �
A minor large scale residential development was done in 1976 in Camelot Square. In that case the
zoning was R1B with single family only and lot areas must be 10,000 feet or more and frontages 75
feet or greater,but they xequested R2 setbacks. The City granted shorter setbacks in this case.
A LSRD generally allows a developer some flexibility within a subdivision. Our city's subd.ivisions
are fairly standaxd but major cities have very unique plans and vary greatly. We don't see these
proposals often in Brookings. Many cities use LSRDs because of topography restraints such as
steep slopes. In the past Brookings developers were able to develop 100% of the land developnnent,
however as we grow south there will be natural enviYOnmental constraints that won't allow 100%.
Based on the cost of land the City may have to consider clustering those areas to rnake sure they can
be developed to a certain degree.
The ability to create a LSRD has been in the books since 1966.
Other statistics:
■ Street right-of-ways - 60' for local,70' for collector, and 80' for arterial
■ Roadway size (curb to cutb): 31'local,41'collector, and vary for aYterial depending on 3 or
S lane
• Sidewalks are requixed under the subdivision ordinance
■ Lot size—front, side&rear setbacks vary depending on zoning districts�(all can be
varianced)
■ Densiry: R1B—4.3 units/acre;R2—5/7 units/acxe;R3 or R3A—24/acre (changed in R3
in 1990s to incorporate landscape xegulations and higher parking requirements). Allow
24/acxe but tarely see that many because it can't be done and still meet the landscaping and
parking requirements. Most axe 12/14 acre for standard 2 story apartment design.
Thomson asked if he had statistics on how many vehicles the average petson owns. No, howevex;
Brookings is very low on the number of pexsons/unit xatio of 2.3.
Bezdichek asked if Brookings wasn't unusually high in the owner occupied verses rental. Yes,
52%/48%.
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Bartley asked about the Residenrial Manufactured Housing District Yequirements. Hanson said the
19G6 plan allowed for a MFH to coincide with stick-built developments, bnt many don't. In the late
1990s a RMH District was created that permitted residential districts with both types in sub divisions
with highet standards than usual under R3A. There are several requitements for MFH which
include higher standaxds than for a stick-built house mainly based on appearance standards.
Batdey asked about smaller lot sizes. Hanson said setbacks are usually 20' from the front, 6' from
the sides and 25' from the rear. Sidewalks are required in all subdivisions. Reed asked if the setback
is from the right-of-way. No, setbacks are measured fxom the property lines and they use property
pins.
Bardey asked with a gated community if the city regulations are enforced. No, they have standaxds
for private streets and they maintain them. There are separate stanaards for mobile home parks.
Sidewalks are not requited in private developments.
Reed asked what pYOCess developers go through for a private development. Hanson said they
present a plan showing the location of all the buildings meeting the perimeter setbacks and the
layout is approved by the Planrung Commission. Board of Adjustment hears any setback variance
requests. No Council action is needed.
Presentation of the City of Brookin�s Annual Financial Re�orts Rita Thompson, Finance
Manager,presented the nnaudited 2006 annual financial report. The net assets and statement of
activities are published in the paper. She also distributed the 2005 fmal audit and could respond to
questions at a future meeting.
(Reitz arrived at 5:03 p.m.)
Presentation on Performance Measurements & Budgeting for Outcomes. Rita Thompson
ptesented a draft plan for a new budgeting format. Under this plan the City staff would budget by
programs and what services or programs are provided rather than how we'xe going to spend and
what we're going to buy. It would create the platform for the City Council to provide input in the
budgeting pxocess. There are many departments whose programs overlap. Budgeting would be
done by programs rather than by department. There are many cities, counties and states doing
budgets this way,but most are laxger in size. The disadvantages are it will require time and traitung.
The advantage is that it is progression and based on vision and goals which are handed down by the
Council. We don't have it in place right now,but tracking program outcomes is key.
For this to happen there must be a dixective from the Council. The goals and objectives are set by
the Council. A motion was made by Reed, seconded by Thomson, to place on an agenda changes to
the ends policies that incorporates this type of peYformance and outcomes budgeting witli a
recommended timeline of May 8`''. All present voted yes;motion carried.
Update on Tax Increment Finance (TIF District project Dennis Falken, Ciry Manager,along
with city staff,met with Teresa McKxught, Executive Director of the Growth Partnership. The
paperwotk has been started for the Innovation Campus area TIF and for the Department of
Transportation retail park area TIF. Staff has finalized two maps. The procedure would be to create
the maps,legal descriptions,notices to the ta�ng authorities,legal notices,Planning Commission
action on May 15`and City Council action on May 8'''.
Update on Railroad Ad Hoc Committee by Council Member. Mike Reitz reported that the
Committee met on February 21S`to review the Bannex bypass plans fxom the late 1990's. On Maxch
28`h the Mayor pxesented information about the STB,EIS and old agreements. On Apri18�'Todd
Struwe from Emergency Management presented information. 'I1�ings are going well and a.re
continuing their xesearch. On April 25`h the Mayor of Rochester and head of Mayo Clinic safety will
speak to the group.
Review of G:00�.m, meeting topics. The City Manager responded to questions pertauung to the
action items on the agenda.
Topic introduction for future a�endas. Shari Thornes,Brookings Ciry Clerk,pxovided a briefmg
on future agenda items.
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Briefing on upcoming council invitations and obligations. Thornes reviewed the City
Council's upcoming invitations and obligations.
Reitz announced that he'd be in Euxope and miss the next meeting. He asked about the status of
studying the highway 14 and I-29 traffic light issue. City staff has been in contact with the State
Dept. of Transportation who are recommending lower speeds as a first step and then will study
traffic counts to see if signals are warranted. They will look at the I-29 tamps and 32"d Avenue.
Action Meeting: Consent enda: Consent agenda items E and F were removed from consent for
further discussion. A motion was made by Reitz, seconded by Thomson, to approve the consent agenda
which included:
A. Agenda,as amended.
B. Minutes (March 27th).
C. Action on Resolution No. 26-07, approving the official canvass of the Apri110, 2007
municipal election ballot.
Resoludon No.26-07
Canvassing the Apri110,2007 Municipal Elecrion �
WHERF.AS,on the lOth day of Apri12007,there was held in the City of Brookings,South Dakota,an election fox
the purpose electing two city council members,and
WHEREAS,the judges and clerks of said elecdon have returned to the City Council of the Ciry of Brookings the
official results for the purpose of the official canvass,and
WHEREAS,the City Council on April 10,2007 has canvassed the results for the purpose of determining the
official elecuon outcome,and
NOW,THEREFORE,BE IT HEREBY RESOLVED By the City Council of the City of Brookings,South Dakota
that the official vote at the Ci Election held A ri110,2007 was as follows:
City A1 Julie Tim Dorothy Over Under Total Rural Total
Council Gtegg Whaley Reed M. Votes Votes Ballots Ballots Votes
3 Year 2) Buder Cast Cast Cast
Precinct 1 22 20 41 19 0 16 59 102
Precinct2 56 83 128 78 0 37 191 345
Precinct3 73 64 95 57 10 37 235 67 289
Precinct4 137 188 290 145 4 68 448 32 760
Precinct5 167 197 341 139 12 84 470 844
Ptecinct6 105 175 254 97 6 53 345 631
TOTAL 560 727 1,149 535 32 295 1,748 99 2,971
D. Action to award bids for paper yard waste bags to DURO Bag Manufacturing. Two bids
were xeceived on April 10, 2047 from Tide Search, Spring Valley,New York (50,000 bags @
$0.4680/bag for$23,400 and DURO-Bag Manufacturing Co, Florence, Kentucky (50,000 bags
@ $.321/bag for$16,050.00).
E. Action on Resolution No. 28-07,writing off credit card purchases for the Liquor Store.
(REMOVED for discussion).
F. 2006 Annual reports from City Boards & Committees (informational). (REMOVED for
discussion).
G. Action to approve Resolution No. 29-07, authorizing the City Manager to sign an
operating agreement with Cubby's Sports Bar& Grill (expires 5J13J07).
Resolurion No.29-07
Cubby's Sport Bar&Grill Operating Agreement Renewal
BE IT RESOLVED by the City of Brookings,South Dakota,that the City Council hereby approves a
Lease Renewal Agreement for the Operating Liquor Management Agreement between the Ciry of
Brookings and Cubby's Sports Bar&Grill Corner for the purpose of a liquor manager to operate the
on-sale establishment or business for and on behalf of the City of Brookings at 307 Main Ave.
BE IT FURTHER RESOLVED that the City Manager be authorized to execute the Agreement on
behalf of the City,which shall be for a period of 6ve(5)years. .
H. Action to authorize the Mayor to sign a Wireless Phase I and Phase II Supplement of E-
911 Service Agreement.
I. Action on Resolution No. 30-07,declafing surplus property: One (1) 1978 Ford F600
Single Axle Dump Truck Chassis and Box serial#F6IEVCE001538. .
Resolution No.30-07
Declaring Surplus Propeny
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WHEREAS,the City of Brookings is the owner of the following described heavy equipment formerly
used at the City of Brookings Street Department:
One(1) 1978 Ford F600 Single Axle Dump Truck Chassis and Box serial
#F6IEVCE001538.
WHEREAS,in the best financial intexest,it is the desire of the City of Bxookings to sell same as
surplus property;
WHEREAS,the City Managex hereby authorized to appoint thxee qualified appraisers to appraise the
value of the pxopexty;
NOW,THEREFORE,BE IT RESOLVED by the governing body of the Ciry of Brookings,South
Dakota,that this propexty be declared surplus property according to SDCL Chapter G-13. The 1978
Single Axle Dump Truck Chassis and Box will be xeplaced with a 2007 Sterling Tandem Axle Truck.
J. Action on Resolution No. 31-07, declaring surplus property: One (1) 1991 Henderson 5
yd. Sander, Model FSHIOSS, serial#14409.
Resolution No.31-07
Declating Surplus Property
WHEREAS,the Ciry of Brookings is the owner of the following described heavy equipment formexly
used at the City of Bxookings Stzeet Department:One(I) 1991 Henderson 5 yd.Sander,Model
FSHIOSS,serial#14409
WHEREAS,in the best financial initerest,it is the desire of the City of Brookings to sell same as
surplus property;
WHERERS,the City Manager hereby authorized to appoint three qualified appraisers to appraise the
value of the property;
NOW,THEREFORE,BE IT RESOLVED by the governing body of the City of Brookings,South
Dakota,that this property be declared surplus property accoxding to SDCL Chapter 6-13. The 1991
Hendetson 5 yd.Sander will be replaced with a 2007 10 yd.hydraulically-driven sandec.
On the consent agenda; all ptesent voted yes; motion carried.
Resolution No. 28-07- Lic�uor Store Check Write-off. A motion was made by Reed, seconded by
Thomson, to approve Resolution No. 28-07,writing off credit card purchases for the Liquor Store.
BiII Purrington,Liquor Store Manager,was asked what procedures are now in place so this doesn't
happen again. Dennis Falken said this happened as a result of setting up the new store and the
debt/credit caxd machines on a third cash register in test znode but operated as if it were completing
transactions. Effoxts were made to collect the funds.
Resolurion No.28-07
Uncollectible Credit Cards Removed Ftom Liquor Store Records
WHEREAS,The Brookings Municipal Liquor Store had a total o£$4,265.84 in uncollectible credit
card sales from October of 2006;and
WHEREAS,effoxts to collect and recovei from customers was unsuccessful;
NOW,THEREFORE,BE IT RESOLVED the amount of$4,265.48 in credit card sales for the
Liquor Store be determined as uncollectible and removed from the xecords.
Volutiteer Board Annual Reports. It was clarified that these xeports axe from the volunteer
boards, co�nmittees and coininission in compliance with the Governance and Ends Policies related
to volunteex groups. Representatives of those gYOUps should be invited to a future meeting if the
Council has.questions about any report.
1S` Readin�—Ordinance No. 11-07—Conditional Use. First reading was held on Ordinance No.
11-07 - a conditiona�use to establish a boardinghouse for four (4) persons on Lot 3 and the north
10 feet of Lot 4, Block 1, Sandersons Addition (621 13'''Avenue). Public Hearing: May 8'h
1s` Reading—Ordinance No. 12-07—Conditional Use. First reading was held on Ordinance No.
12-07 - a conditional use to establish a contractors shop and storage yard on Lot 8 and the south 13
feet of Lot 9,Block 2,Robert's Second Addition (325 3`�Avenue South). Public Hearing: May 8`b
18`Reading—Ordinance No. 13-07—Conditional Use. First reading was held on Ordinance No.
13-07 - a conditional use to establish a boardinghouse for four (4) persons on Lot d of Lot 8 and the
east 10 feet of the vacated altey in B1ock 10,Morehouse Addition (915 8`h Avenue). Public Hearing.•
.May s,�,
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1S`Reading—Ordinance No. 14-07—Rezonin�. First reading was held on Ordinance No. 14-07
- rezoning Lot 12,B1airHill Addition from an Agricultural A District to a Residence R-1B District
(1500 block of 15`'' Street South). Public Hearing: May 8'`'
2°d Reading�—Ordinance No. 10-07—Budget Amendment. A second reading was held on
Ordinance No. 10-07, Budget Amendment#2 -An Ordinance Entided"An Ordinance Authorizing
A Supplemental Appropxiation To The 2007 Budget For The Purpose Of Providing For Additional
Funds For The Operation Of The City. Motion was made by Thomson, seconded by Reed, to
approve. All present voted yes;motion carried.
2"a Reading—Ordinance No. 09-07—Building Code. Motion was made by Reed, seconded by
Thomson, to remove item from table. A second reading was held on Ordinance No. 09-07,An
Ordinance Amending Article II of Chapter 22 of the Code of Ordinances of the City of Brookings
and Pertaining to the Building Code with Certain Amendments Thereto. Motion was made by
Reed, seconded by Thomson, to remove the item from the table. Motion was made by Reed,
seconded by Reitz,to approve. All present voted yes;motion carried.
Cancel Meetin�. It was determined that thexe would not be a quorum for the April 24, 2007
meeting. A motion was made by Reed,seconded by Reitz,to cancel the Apri124, 2007 meeting. All
present voted yes;motion carried.
Exclusive Right to Negotiate Agreement. A motion was made by Thomson, seconded by Reed,
to amend the Exclusive Right to Negotiate Agreement. All present voted yes;motion carried.
TERMINATION OF EXCLUSIVE AGREEMENT TO NEGOTIATE
This TERMINATION OF EXCLUSNE AGREEMENT TO NEGOTIATE is entered
into by and between the City of Brookings, South Dakota, a South Dakota Municipal Corporation,
("Brookings") and Prairieland Partnership,I.LP,a Minnesota Corporation, ("Prairieland").
RECITALS
A. Brookings and Prairieland are parties to a certain Exclusive Agreement to Negotiate dated as
of February, 2006, ("the Agreement") concerning approximately Sixty-S� (66) acres of land located
at the northeast corner of Interstate 29 and U.S. Highway 14 in the City and Counry of Brookings,
State of South Dakota.
B. The Agreement provides for an effective period of March 1, 2006 through December 15,
2007.
C. 'The parties have determined that the above-described Agreement is no longer required and
the parties now desire to provide for the termination of the Agreement at this juncture and to return
each of the parties to theit respective positions with no furthex obligations under the Agreement.
NOW THEREFORE, in consideration of the foregoing and the mutual covenants and
agreements contained herein, the City of Bxookings, South Dakota and Prairieland Partnership, LLP
hereby agree as follows:
A. Termination of Agreement. The paxties agtee that in lieu of the original expiration date of
the Agreement, the Agreement described above shall terminate as of the last date of execution of the
parties hereto (the "Termination Date"). Brookings and Prairieland hereby confirm and declare that
the above-mentioned Agreement has been termuzated. �
B. Effect of Termination of Agreement. Upon the mutual execution of this Agreement by the
parties hereto, the Exclusive Agreement to Negotiate shall terminate and the parties shall be xeleased
from all obligations with respect to the subject matter thereof. '
C. Mutual Hold Harmless and Indemnification. There are no claims, whether asserted or
unasserted, between Brookings and Prairieland arising out of the parties' Exclusive Agreement to
Negotiate. Nevertheless, Brookings and Prairieland agree to indemnify each other against, and hold
each other harmless from, all liabilities (including reasonable attorney's fees in defending against
claims) arising out of the Exclusive Agreement to Negotiate.
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D. Re�orts and Surve�s. Prairieland has provided Brookings with copies of various documents
in accordance with Section 4. of the Exclusive Agteement to Negotiate. Brookings agxees to use
such documents for its own inteYnal uses and will not provide third parties with any of such
documents without the express prior approval of Prairieland.
E. Futuxe Working Relationship. The teimination of the Exclusive Agreement to Negotiate
between Brookings and Prairieland is not intended to xestrict the future, "non-exclusive" working
relationship between the parties. Accordingly, the parties are only terminating their Exclusive
Agreement to Negotiate and are not intending to restrict their future woYking relationship.
F. The parties each represent and warrant to the other that it has full power and authority to
entex into this Termination Agreement and to undertake the actions contemplated by this
Termination Agreement.
G. This Termination Agreement shall be binding upon and inure to the benefit of the parries
hereto and theix transferees, successors and assigns.
H. This Termination Agreement and the ptovisions hereof may not be amended, modified or
changed except by a document in writing signed by the parties hereto.
I. This Termination Agreement shall become effective (the "Effective Date") upon the date it
" is executed by the Iast party.
IN WITNESS WHEREOF, this Termination Agxeement has been entered into by the
parties hereto.
Dated this 17'''day of April,2007.
Ciry Bro kin
ATTEST: S unstexman,Mayor
Shari L. Thornes,City Clerk
Dated this 17`'' day of April,2007. Pxairieland Partnership,LLP
Executive Session. Motion was made by Thomson, seconded by Bartley, to enter into Executive
Session at 6:34 p.m. for the purpose of personnel matters with the Council,Manager, HR Director,
City Clerk, and Attorney pxesent. Motion was made by Thomson, seconded by Reed,to exit
Executive Session at 7:07 p.m.
Adjoarn. A motion was made by Reed, seconded by Reitz, to adjourn. All present voted yes;
motion carried. Meeting adjourned at 7:07 p.m.
Ciry of Brool�ings
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t D. Muristerman,Mayor
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A rnes,City Clerk