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HomeMy WebLinkAboutCCMinutes_2007_05_08 314 Brool�ngs City Council May 8, 2007 The Brookings City Council held a meeting on Tuesday,May 8,2007 at 5:00 p.m., at City Hall with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek,Julie Whaley (arrived at 6:24 p.m.),Mike Bardey, Michael Reitz,Tim Reed and Ginger Thomson. City Manager Dennis Falken, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. 5:00 P.M. WORK SESSION Proposed Amendments to the Citv Governance and Ends Policies. The Council identified several policy areas in a special meeting on Maxch 6,2007 that needed revisions and directed Ciry staff to prepare recommendations for future Council review and action. During the work session they reviewed proposed changes for action during the 6:00 p.m. meeting. Council Membex Reed suggested the following change in Ends Policy#4: Economic Development. 3. Economic development effoxts are conducted with an emphasis on the community's assets. a) The growth and expansion of existing Brookings industries and retail are the primary target for increased employment and economic growth. b) SDSU students and SDSU Colleges are viewed as potential partnexs to tazgeted businesses and industries. A business or industty closely xelated to a field of study at SDSU can profit from the use of a quasi-professional/professional work force willing to work part-time and eventually full- time,the knowledge base held within an SDSU college,and other partnerships with SDSU. Cl The Ciry will partner with the innovation campus at SDSU. A� Quarterly Financial Re�orts. Rita Thompson, City Finance Manager presented the xeports and responded to questions. Campus Transportation Committee Update. Council Member Tim Reed provided an update to the Council on the Campus Transportation Committee project. Reed shared the prelitninary results from the SDSU Transit Study as well as a transit schedule from a community in McDonough County, Illinois,which is a university community of similar size to Brookings. He noted that Western Illinois University is of similar size to Brookings at 18,500 and offers 11 bus routes, 9 of. which serve the campus. A draft of the final report will be completed mid June. Presentation by President David Chicoine. President Chicoine shaxed his thoughts about how the city can partner with SDSU in growing together. He also shared his insights and vision for SDSU, and our community's role in that process. SDSU has identified other universities they want to emulate, and we can learn from the communities of these universities as well. SDSU President Chicoine's presentation to the Council. The organization can build a sustainable competitive advantage three ways: 1)know your competitors,2) identify programs/products in which you compete,and 3) use data to asses your competitive position. The organization can displace top competitoxs and avoid being displaced by near followers with three dimensions: 1) Performance/Quality,2) Resources,and 3) Reputation. In the data that follows,President Chicoine compaxed SDSU to the following peers, aspirational peers and sttetch peers; Montana State University,University of Montana,North Dakota State University,University of Noxth Dakota, Southern Illinois University-Carbondale, University of Wyoming, Utah State University,New Mexico State University, University of Idaho,Colorado State University, Kansas State University, and Oklahoma State University. • Price: SDSU xanked at mid-point of just ovex$5,000.00 for Tuition and Fees per academic year of 30 regular credit hours on a scale of$2,000-$8,000 • Student-Faculty Ratio: SDSU ranked under mid-point of 18.0 Student-Faculty Ratio based on all UG and GR student FTE to instructional faculry FTE on a scale of 14.0-22.0. 315 • Instructional Support Expenditures per Student FTE: SDSU ranked above New Me�co State University and University of Idaho and close to Montana State,at under$6,000 on a scale of$0-$12,000. These numbers do not include room and board, only instructional expendituYes direcdy related to students. • Foundation Lspendituxes per Student FTE: SDSU ranked in the middle of their peers at $800 on a scale of$0-$3,000. Foundation expenditures axe those called"Progxam Services" that are used to support university ptograms such as scholarships, capital items (such as buildings), etc. Student FTE includes all UG and GR students. • Number of PhD Graduates: SDSU ranked lowest, close to North Dakota State University, with under 20 PhD Graduates on a scale of 0-200. • Numbex of PhD Programs compaxed to Graduates: SDSU ranked lowest with under 10 PhD Programs on a scale of 0-20. � Total Research Expenditures in 2004: SDSU ranked lowest with spending under$30 million on a scale of$20-$160 million. • Research Expenditures per Faculty FTE: SDSU ranked above New Mexico State University and Univexsity of Montana at just under$75,000. In a knowledge based economy a research univeYSity is in a unique position. He noted that the university's future and the ciry's axe linked and recommended both leverage each others strengths to get more return on assets. Forry percent of the high school graduates leave the state. What are their preferences? What are they seeking that we don't have? How can we align ourselves to do better? His goal is to reduce that numbex by 10% and bring them to Brookings. Once they leave the state for school it is difficult to recruit them back to the state fox employment. SDSU is refreshing their master plan starting this summer and will be reaching out to the city and county for input. 6:00 P.M. CITY COUNCIL MEETING Oath of Office. Mayor Munsterman presented the Oath of Office and Certificate of Election to Council Member Tim Reed. Consent Agenda: Item 14, Ordinance No. 11-07,was withdrawn from the agenda as the request of the applicant. A motion was made by Thomson, seconded by Reed,to approve the consent agenda which included: A. Agenda, as amended. B. Action to appoint Andrew Creer to the Park& Recreation Board for a term of 5/1/07 to 5/8/2010, filling an unexpired term. C. Action to appoint Dave Miller to the Brookings Committee for People who have Disabilities for a term of 5/8/07 to 1/1/09, �lling an unexpired term. D. Action on annual appointtnents to various volunteer ciry boards, committees and commissions: Airport Board- Lynn Riedesel(5/1/07-5/1/11);Disability Committee —Erin Brubakken (5/1/07-5/1/OS); Human Rights Committee—Joel(Jay)Vargas (5/1/07-5/1/08);Library Board—Amber Ohm (5/8/07-1/1/09)*filled unexpired term; Park& Recreation Board—Ann Martin (5/1/07-5/1/11);Utility Board—Steve Myers (5/1/07-5/1/11). E. Action to schedule a City Council Goal Setting Retreat for June 5,2007. F. Action on Resolution No. 37-07, a resolution authorizing the city manager to sign an operating agreement renewal for a wine Iicense for Perkins Restaurant. Resolution No.37-07 Perkins Family Restaurant Operating Agreement Renewal 316 BE IT RESOLVED by the City of Brookings,South Dakota,that the City Council hereby appxoves a Lease Renewal Agreement fox the Operating Liquor Management Agreement for Wine between the City of Brookings and Perkins for the purpose of a liquor manager to opexate the on-sale establishment or business for and on behalf of the City of Brookings at 2205 Sixth Street. BE IT FURTHER RESOLVED that the City Manager be authorized to execute the Agreement on behalf of the City,which shall be for a period of five(5)years. On the consent agenda; all present voted yes; motion carried. Presentation of the Mayor's Awards for Historic Preservation. • "Commercial Interior Restoration" - Cottonwood Coffee, 509 Main Avenue • "Overall Residential Restoration" -Dr. Rick and Joanie Holm, 725 5�' St. • "New Residential Addition" -Jeff and Stacey Wessels, 705 4`"St. • "New Residential Addition" -Tom and Jeanne Manzer,929 4�''St. 1�`Reading—Ordinance No. 15-07—Conditional Use. First reading was held on Ordinance No. 15-07: An Oxdinance for a Conditional Use fot a ma.jor home occupation (portrait studio) in the Residence R-3 District,Lot 139, Onaka Village, Indian Hills Addition, also known as 973 Broken Bow Trail. Public Hearing.• June 12`�' 1S`Reading—Ordinance No. 16-07—Zoning: First reading was held on Ordinance No. 16-07: An Ordinance to change the zoning within the Ciry of Brookings -- the E500' of the N1300' of land in the NE quadrant of intexsection of Highway 14 diagonal and West 13th Street be and the same from an Industrial I-1R District to an Industrial I-1 District. Public Hearing.• June 12`�' 18`Reading—Ordinance No. 17-07—Conditional Use. First reading was held on Ordinance No. 17-07: An Ordinance for a Conditional Use for a boardinghouse for four (4) pexsons in the Residence R-2 District,Lot 12,Block 2, Skinner's Addition, also known as 719 2nd Street. Public Hearing.�June 1 Z'� . 18`Reading—Ordinance No. 18-07—ZoninQ. First reading was held on Ordinance No. 18-07: An Ordinance to change the zoning within the City of Brookings -- the W600' of the N310' of the S530' of the SW1/4 of the SE1/4 of Section 35-T110N-RSOW from a Residence R1-B District to a Residence R-2 District; and the E150' of the W600' of the S220' of the SW1/4 of the SE1/4 of Section 35-T110N-R50W from a Residence R-1B District to a Business B-2 District. Public Hearing: June 12'�' ([�haley arrived at 6:24�i.m.) Oath of Office. Mayor Munsterman presented the Oath of Office and Cextificate of Election to Council Membet Julie Whaley. Public Hearing—Resolution No. 33-07. A pubiic hearing was held on Resolution No. 33-07, a Proposed Resolution of Necessity for Street Assessment Project 2007-07STA (an alley from 8`�' Avenue to 9`h Avenue between 4`h Street and 5`h Street). Public Hearing.• Carl Kline, 825 4`h Street, told the Council that he and his wife did not sign the petition and were opposed to the pxoject. They don't have a garage or access theit property from the alley. They have an unpaved driveway onto 9`''Avenue. They don't feel there is any particular benefit to them from this project. Their home is histoxic and they could always use $3,400 in other ways. He referenced State Law SDCL 9-45-32 that says municipalities can assess cost based on benefit instead of footage. He noted that the projected footage cost of$23/foot at the time the petitions were signed in 2005 had risen to $34/foot. With the constandy rising gas prices,thexe's no guarantee the actual number won't be higher. Can there be some kind of understanding if the bids are over a certain amount then the neighborhood would be consulted and the project rebid? Kline said his neighbor Ruby Shultz to the west had origuially signed the petition but had now changed het mind. Kline said they like their neighboxhood and their neighbors,but they're not sure if fhey want to pay$3,400 to keep them happy. He requested the Council consider an alternative method of assessment based on benefit. Richard Bentass, 816 5`� Street, said he signed the petition due to the condition of the alley. The utilities department tore up the alley in 1997 and it is still a mess and unsatisfactory. He said he'd 317 like the Council to consider absorbing a portion of the paving cost since the majar damage to alley was due to the construction work in the alley done by the city-owned utilities depaYtment. Amy Dunkle, 824 4`'' Street, felt young drivets drive faster in paved alleys and don't stop at the sidewalks before entering the street. Paved alleys can create hazaxds for young childxen and pedestrians on the sidewalks. Public hearing clo.red. A motion was made by Basdey, seconded by Bezdichek, to approve Resolution No. 33-07. Council Di.rcu.r.rion: Thomson asked how the city could determine the assessment cost based on benefit rather than footage. Kline said he didn't seek legal advice;however, the governing body is the decision maker on deterinining benefit. He suggested there would be some type of investigation (by city staf� which would be xeported back to council and the Council would then decide. Steve Britzman, City Attorney, said Kline had accurately stated the la.w as an alternative. Determination of benefit would be discretionary and there would have to be some consideration of equity of everyone affected. He said that is why front footage was deemed as the most equitable and predominant method. Kline said that method isn't fair to ptoperty owners on the ends that don't use the alleys. Bardey noted that 86% of the affected property owners signed the petition in support of the project. He asked staff what the percentage requirements were. Lanning said 55%or more support is needed. The 86%represent frontage owners and 9 of the 10 owners signed the petition. Bardey said paving an alley can incxease propexty values. He doesn't know if it also increases the tax base. This project isn't any different than any other actions the City has taken. Every other alley paving was calculated on front footage and everyone pays the cost. Bezdichek asked about the incxease in cost from when the petitions were signed. Lanning said the owners were given a rough estimate in 2005 based on costs at that time. Hopefully the number won't be at$34/foot,but she won't know until the bids come in. Bardey asked if the petition circulated in 2005 had an amount listed. No. Whaley asked if the bids come in too high could the homeowners reject the project. Yes, this did occut with another project two years ago. On the motion; all pxesent voted yes;motion carried. Resolution No.33-07 Proposed Resolution of Necessity Street Assessment Project 2007-075TA (Alley from 8�'Avenue to 9�'Avenue between 4�'Street and 5�'Street) Be It Resolved by the Ciry Council of the City of Brookings,South Dakota,as follows: The City Council of the City of Brookings hereby declares the necessity of paving with a bituminous wearing surface on an asphalt stabilized base course on an alley as follows:Alley ftom$�n Avenue to 9�h Avenue between 4�h Sueet and 5'h Stteet. 1. The genexal nature of the improvement is above set foxth and xeference for details is hereby made to the drawings and specifications prepared by the City Engineet and on file with the Ciry Clerk. 2. The material to be used is asphalt for paving of the alley: One and one-half inch(1 '/:'� asphalt surface couxse on a one and one-half inch(1 '/z")asphalt stabilized base course on a six inch(6")crushed gravel base couxse for the alley. 3. The improvement is substantially uniEorm. The estimated cost is$68.00 per lineax foot of alley. 4. The estimated cost per linear foot of alley for paving with one and one-half(1 '/z'� bituminous mat on a one and one-half inch asphalt stabilized base couxse on a six inch crushed gravel base course to be paved to a width of 18 feet is$68.00 or�34.00 per side of alley. 318 5. A description of classes of lots to be assessed is as follows: All assessable lots and tracts of land lying contiguous to the alley hereinabove described. 6. The method of apportionment of benefits is as follows:The cost thereof to be assessed against all assessable lots and tracts of land according to the benefits determined by the governing body to accrue to all such lots and tracts from the construction of the improvement. The assessed amount includes a 6%charge for engineering and administration costs.The interest to be charged on the unpaid balance shall be 10%. The above described improvement shall be hereinafter referred to as Street Assessment Project No. 2007-07STA,which shall be deemed a description of the improvement of the streets as hereinabove set forth. Public Hearing—Ordinance No. 11-07—Conditional Use. A public hearing was held on Ordinance No. 11-07 -a conditional use to establish a boardinghouse for four (4) persons on Lot 3 and the north 10 feet of Lot 4, Block 1, Sandersons Addition,also known as 621 13`h Avenue. No comments were made in the public hearing. A motion was made by Whaley, seconded by Reed, to approve. All present voted yes;motion carried. Public Hearing—Ordinance No. 12-07—Conditional Use. A public hearing 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, also known as 325 3`d Avenue South. No comments were made in the public hearing. A motion was made by Whaley, seconded by Reed, to approve. Whaley a.rked if a trailer unth the burine.r.c name ivould be parked outsade. No. All present voted yes;motion carried. Public Hearing—Ordinance No. 13-07—Conditional Use. A public hearing was held on Ordinance No. 13-07 - a conditional use to establish a boardinghouse fox four (4) persons on Lot d of Lot 8 and the east 10 feet of the vacated alley in Block 10,Morehouse Addition, also known as 915 8`h Avenue. Public Hearing.• Lisa Bender, applicant, said the property is currendy a rental and she and her husband are asking to allow 4 tenants. If granted, they will improve the parking situation by installing two haxd surfaced spots. She noted that the conditional use permit is granted solely to them and doesn't transfer with the properry. They are not absentee landlords and it is important to them to keep it maintained. Georgianna Olson,neighborhood resident, commented that there are quite a few boardinghouses in that area. She asked the Council if they had driven around that area lately. She said there axe so many gravel backyaxds, side lots with paxking, and even dumpsters under front windows. Who wants to have a nice home and have these items next door? T'here are several boardinghouses in town. Whete do you dxaw the line? Whose property or which neighborhoods? Public hearing clo.red A motion was made by Thomson, seconded by Reitz, to approve. Council Di.rcus.rion: Bardey noted there are three parking options and he prefexs the third option with two hard surface pads. He asked where the xeat yard fence is a problem. Dan Hanson said there is cu�endy a s� foot privacy fence along the alley and portions would have to be taken down for the parking. Thomson said she appreciated the neighbor's comments and concerns,but in this instance the landlords are stakeholders in the community and would take good care of property. Mrs. Olson said the parking lot would take away from the neighboring houses. Reed said he has always had an issue with boatdinghouses and density of neighborhoods. He only voted for one and it became an R3 zone. We have a problem in that neighborhood. Those problems relate to density (i.e. number of students, cars). Some of the concerns are tied to the ordinances and enforcement of those ordinances. However, all the issues come down to density. Munsterman asked where the Council draws the line on boardinghouses. T'his is a policy discussion for the Council to address and he recommended it be added to the strategic planning meeting in 319 June. Where do we go with SDSU and ouY housing situation? The Council needs to evaluate this issue closely including what it will mean 5-10-15 years down the road. On the motion;BaYdey,Bezdichek,Reitz,Whaley and Thomson voted yes;Reed and Munsterman voted no;motion carried. Public Hearin�—Ordinance No. 14-07 —Rezonin�. A public hearing was held on Ordinance No. 14-07 - tezoning Lot 12,B1aixHill Addition from an Agricultural A District to a Residence R-1B District,located in the 1500 block of 15`h Street South. No comments were made in the public hearing. A motion was made by Reed, seconded by Thomson, to approve. Whaley a.rked if the developer.r had a drainage plan for the entire area. All present voted yes;motion carried. Public Hearing—Resolution No. 32-07. A public hearing and action on Resolution No. 32-07, a Ptoposed Resolution of Necessity for Street Assessment Ptoject 2007-02STA (15`h Street South from 700 feet east of Medary Avenue to the east approximately 1,525 feet; Christine Avenue from 15`h Street South to the north appYO�nately 350 feet;and Camelot Drive from 15`h Street South to the noxth appro�mately 900 feet.). Public Hearing: Dave Fielder, Central Elementary Principal,noted there have been parking and access problems at the othex schools but with the installation of new streets we have the opportunity to do this one right. He said the plan is to widen a section of the street. Another design feature will limit the direcrion of buses and eliminate any turns. He noted that their plans aren't final. Parent paxking on the street would not be allowed. Whaley commented that the parents will still paxk there unless an officer is pxesent. Reed was concerned about the volume of cars for pick-up and drop-off. It is nice to be able to pull in and wait. How long would the lane have to be and is it feasible? Maybe Central isn't better where you have to stop,park,get out and walk your children. Amy Dunkle, School Board Pxesident, supports the project. She also wants the area to be designed to prevent people fxom stopping in ttaffic to let children out or in cars. She urged everyone to think "outside the box"which will take some enforcement through combined city and school efforts. Dunkle said she recendy learned of a fedexally funded program called"Safe Routes" that incorporates safety and fitness into the design of city streets. She urged the city to consider this program when eompleting the design of the streets. When the school is completed there will be 1,200 kids in this area. One design element to add would be a designated passageway fox bikes and pedestrians. This may also lessen the number of cars in the axea. The key right now is to build this new street correctly. This program provides funds to fix e�cisting problems but won't give money to a city that builds new streets incorrectly. We need to build the school and connection to the neighborhood as a model of how it should be done. Make the streets wide enough and safe. Robb Rasmussen, owner of Sioux River Cyclery, distributed materials to the Council on the Safe Routes program. He said Congress funded the Safe Routes program in August of 2005 in the transportation bill. Each state received funding,but a pxerequisite to spending is the cxeation of a state coordinator. South Dakota has $4.9 inillion but is the last state in the nation to establish a state coordinator. At the urging of Congresswoman Herseth Sandlin the state administration appointed an interim coordinator in March. No money has yet to be allocated in South Dakota. Minnesota has used$1.7 million to fix bus lanes. No one has applied for the $4.9 million and it can't be used for anything else. He urged the Council to requite street design to be more pedestrian and bike friendly. We currendy have a great bike trail system but the streets could use impxovement. Fitness and wellness will take changing habits of an entire generation. Bezdichek asked if the streets were not adequate for biking and walking. Rasmussen said not for walking and only for bikes if there are marked lanes. Bezdichek asked how much of a 31 foot wide street would be needed for bike lanes. Rasmussen said si�c to eight feet for lanes and recommended the creation of a steering committee to work on the design. There have been pilot projects all over the nation and Eutope and all have been successful. 320 Jason Harms, citizen, said dedicated bike lanes are a good idea noting there also needs to be education and enforcement of bike lanes. He bikes everywhere and on a weekly basis he is yelled at to get off sidewalks. He has personal experience about safety on streets verses sidewalks. Keith Rounds, developer of Blairhill, said he owns 62% of this street assessment area and was concerned about bike lanes needing additional right-of-way. Jerry Visser,citizen,encouraged the Council to include the area fxom Indian Hills to Medary Elementary in their strategic transportation plan. He said they should also take into account where the sun is at during the morning. He noted that facing east it is difficult to see the westbound on the north side of Medary. Frank Kurtenbach, Daktronics representa,tive,also urged the Council to really take a look at this project. It can be difficult for local industry to recruit people to Bxookings. A project such as this would show that Brookings leaders axe willing to improve the quality of life for its residents. He noted that many local manufacturing plants have now established plants outside af Brookings, primarily due to the labor market. This new program might be a big thing to help recruit people here. Those considering a move to Brookings carefully look at the schools. Pam Merchant, School Board Member, said we need to change the way we're doing things. There's money out there and the ciry should assemble a committee to work on a plan to incorporate the safe route concept. She recommended postponing the project in order to better plan for the future, utilize the funds and keep the kids very safe. We want them to walk to school. Public Hearing Clo.red A motion was made by Whaley, seconded by Reed, to approve Resolution No. 32-07. Reed asked about the price for a standaxd residential street. Lanning said these are two separate issues. The Council is only dealing with the assessment project right now for the stteet. Bezdichek asked if the plan includes a drop off and pick up. Yes. The design hasn't been finalized and who is paying for the lanes hasn't been determined. Allyn Frerichs noted that these funds will not be available for this new street. During the planning process of the streets they could incorporate the safe routes options. At that point before the project is bid, the design and costs would be brought back to the Council to discuss the implications and determine the direction. Reed clarified that what the Council is acting on tonight has nothing to do with the street design. Yes, that is correct. Anything bigger or better than normal would be the financial responsibility of the city and the school. Lanning noted that this is unusual in that in the past anything with drop-off lanes were paid by the school. Bezdichek asked if Banner would present the proposed designs to the Council. Yes, this could be arranged but is not the usual process. Dennis Falken commented that if the ciry doesn't build this street"right" then it couldn't get any funds to fix the problem stceets. � On the motion, all present voted yes;motion carried. Resolution No.32-07 Proposed Street Assessment Project 2007-02STA BE IT RESOLVED by the City Council of the City of Brookings,South Dakota,as follows: The City Council of the City of Bcookings heteby declares the necessity of construction of the streets of the City as follows: Water main,sewer main,water/sewer services,storm sewer,grading,curb and gutter,and gravel base course for a total street width of forty one(41) feet for collector streets and thirty one(31) for residential streets as listed below: Collector Street: 15�h Street South from 700 feet east of Medary Avenue to the east approximately 1,525 feet. 321 Residential Street: Christine Avenue fxom 15�h Stxeet South to the north approximately 350 feet. Residential Stteet: Camelot Drive fxom 15��'Street South to the noxth appro�cimately 900 feet. 1. The general nature of the impxovement is above set foxth and reference for details is hereby made to the drawings and specifications prepared by the City Engineer and on file with the City Clerk. 2. The material to be used is concrete for curb and gutter and the following materials for paving of the stxeet: One and one-half inch(1 '/z")asphalt surface course on a two and one-half inch(2 • '/z")asphalt base course on twelve(12)inches of crushed gravel for a forty one (41') foot wide collectox street. One and one-half inch(1 '/z")asphalt surface course on a one and one-half inch(1 '/z")asphalt base course qn six(6)inches of crushed gtavel for a thirty one(31') foot wide xesidential street. 3. The improvement is substantially uniform. T'he estimated cost of curb and gutter is$24.00 per linear foot of street or$12.00 per side of street. T'he estimated cost for grading and six(6)inch crushed gravel base course to be constructed to a width of 31 feet back to back oE cuxb,pex Iineax foot of streets is$52.00 or$26.00 per side of street. This is the estimated cost oE a regular residential street and is the estimated assessable cost fox the street. The estimated cost for storm sewex,water main and sewer main to be constructed pex linear foot of streets$152.00 or$76.00 per side of street. Therefoxe,the proposed estimated assessment pet front foot of pxoperty is$114.00. As per City xesolutions,the City will assume and pay,from the general funds,for any extxa thickness required in excess of that described for residential streets and fox the extra width in excess of 31 feet back to back of the cuxb and for the difference in storm sewex pipe material costs above a 24"size pipe. The cost of impxovements to street intersections and the long side of cornex lots will be assessed to benefited properties. The cost of improvements will be apportioned to all assessabie lots and txacts of land lying within one-half block or 300 feet of the street being improved,whichevex is less. 4. A description of classes of lots to be assessed is as follows: The assessable lots and txacts of land lying within one-half block or three hundred feet of the streets hereinabove described, whichever is less. 5. The method of appoxtionment of benefits is as follows: The cost thereof to be assessed against all assessable lots and txacts of land according to the benefits determined by the governing body to accrue to all such lots and ttacts from the construction of the unprovement.The assessed amount includes a 6%charge fox engineering and administration costs.'I'he interest to be charged on the unpaid balance shall be 10%. 6. The above-described impxovement shall be hereinaftet xeferred to at Street Improvement Project No.2007-02STA,which shall be deemed a description of the improvement oE the streets as heteinabove set forth. Resolution No. 36-07 —Onerating Agreement—Star Hos,.gitalitk A motion was made by Reed, seconded by Whaley, to approve Resolution No. 36-07, authorizing the City Manager to enter into an operating agreement for the transfer/reassignment of an On-Sale Liquor Operating Agreement fox Star Hospitality to the Fireside Inc,Lot 12,Telkamp Addition, also known as 2515 E. 6`" Street. All present voted yes;motion carried. Resolution No.36-07 Fireside Inc.Operating Agreement BE IT RESOLVED by the city oE Brookings,South Dakota,that the City Council hereby appxoves a Lease Agreement for the Operating Liquor Management Agreement between the City of Brookings and Fixeside Inc. (dba Staurolite Inn) fox the purpose of a Iiquor manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at the Staurolite Inn located at 2515 E.6th Street. 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 ten years with a renewal in five(5)years. Video Lottery License—Fireside Inc. A motion was made by Reed, seconded by Thomson, to approve a video lattery license for the Fireside Inc,Lot 12,Telkamp Addition, also known as 2515 E. 6``' Street. All present voted yes;motion carried. 322 Preliminary Plat—Valley View Addition. A motion was made by Reed, seconded by Bardey, to approve a preliminary plat of Valley View Addirion in the N'/z of the NE'/a of Secrion 3-T109N- R50W. Scott Hodges,representing BlairHill Pxoperties of Brookings along with co-developers Keith and Cathy Rounds and his wife, Nancy Hodges,gave the following statement: "Tonight i.r a very big night for u,r. It i,r in many svay.r the culmination of nearly ayear of research and planning of the firrt la�e.rcale affordable hounng development in Bmoking.r in nearly 3 decade.c F.ven more so, it i.r an extremely important night for the many people who�vant and need a�ordable home.r in Brooking.r. I.YIhy more.ro for tho,re in need of a�ordable hou�ing than for u.r? . lY>e, a.r developerr, have the option of developing the Valley View proper2y a.r a conventional hou.ring development under approved guideline.r by our city. In fact, the preliminary platting and drainage plan.r have al�zady been done for .ruch a development�vith thi.r property. The re,rult�vould be le.r.r lot.r of larger.ri�e.r atgreater prices de.rigned for larger home.r for buyerr 2vith bigger budget.r. The buyer.reeking a�'ordable hou.ring doesn't have.ruch option.r. lY/e, a.r developer.r, .rzvitched hor.re in mid-.rtream with the properly in the face of a gro�ring need for a,jfordable hou.ring for thi.r city. We're o�ering to do u�hat no one else ha.r offered to do. Ourgoal i.r to create "homes�arithin reach': The.re svill be home.r 2vithin reach ofyoung familie.r, home.r ivithin reach of middk income, homes within reach of older buyer.r, home.r urithin reach of many. We view thi.r a.r more than the creation of new home.r svhich many�vill be able to a�'ord to buy. It.r the c�ation of a neighborhood urith both affordability and desirability in mind. The concept incorporate.c przde of ozvnerrhip svith lo:v maintenance,good de.cign, ,rafety, attractivenes.r, and energy�ciency and lvhich i.rgoing to allow buyer.c to live and rvork in the.rame city. Reducing co.rt.r cannot be achieved, hosvever, urithout change. And let me.rtre.cr—change i.r not alu�ay,r bad, but it i.r alway,r d�erent. If u�e alway.r do 2vhat:ve've al�vay.r done, we'll continue to get what Jve've al�ay.r had---una�'ordable homef The variances we're requesting urith this LSPKD are an eff'ort to accompdish a ne�v level of a�ordability�. W>e have combined the.re development change.r svith economy of safe building practice.r and other co.rt.raving building technigue,r. 1-Y/e are continuing to look at other method.c to add to con,rumer a�jfordability. I'll call it a `iecipe for affordability"but if sve.rtart to change the r�ci�e too rrruch, we urill likely not attain tbe desired result. I believe u�e all agree that u�e want Brookings to e.xj�erience economicg�nrvth. This mean.rgrou�th in indu.rtrial,grosvth in retail,growth in our profe,r.rional community and combined svith retention of ouryoung and old alike. To attain thi.r, zve mu.rt alro e.xpand our opportunitie.r and option.r for hou.ring and.rome of the,re option,r may d�er from tvhat u�e have had in the pa.rt. What rve bave here in Valley Vie�v Villa,ge i.r not a magic buldet svhich will.rolve all our a�'ordable hou.ring problem. It i.r, hozvever, a giant leap in the right direction and svill relieve.rome of the pre.rsure in our local pre.crure-cooker houring economy. The mo.ct contrnverrial of variance.r among our co.rt con.rciou,r variance.c i.r the elimination of side�alk.r. We are in no �vay, ivhat.roever, again.rt.ridewalk.r, let me go on record here. The propo.ra!only came after careful and thoughtful con.rideration of the area and tbe need and benefit. If it be the desire of the council to require side�valks, �e have no i.r,rue avith it a.r the co,rt i.r not absorbed by us, but by tho.re lvho inve.rt in homes in Valley Vie�v like in any other subdivi.rion. It result.r in a co.rt per home of appmarimately,$1,000 -which i.r about j/4 of a percent of the co,rt of the home. Not a.rhosv.rtopper, but nonethelesr, a price increa.re for the buyers. But there ha.r to be a limit to the number of time.r price i,r increa.red for the,rake of"hosv Yve've done it in the pa.rt': I�e are going to have to.rtep beyond "tradition". � �nd thi.r i.c the mo,rt important thing I have to.ray: WIe are not asking for anything that i.r no being done,rucce,c,rfully in other communitie.r throughout the region and the country. [T%.rirrrply ivi.rh to bring thore proven co.rt-.ravings technigue.r home to Brooking.r and pa.r.r them on to tho.re�vho need and want affordable homes. We are her�to do our best to an.nver and add�,r.r any que.rtion.r of the council and eagerly encourageyour timely support of thi.r uital community concern. [Yle would a.rk the Cfty of Brookings to partner svith u.r to help.rolve our af fordable hou.ring cri.ri.r in Brook,ing.r. Thank you.fi»m us and thank you on behalf of tho,re for u�hom I>alley Viesv Village is a long au�aited an,ru�er." Keith Rounds, co-developer, said this is what housing developments are about and how it gets done; it gets down to the details of the infrastructure costs. These details increase the cost of housing that 323 is passed down to the buyers. With their development they are trying to chip away at those costs through various means including smaller lots and narxower streets. It takes courage and financial steps to achieve this and it is what the City Council has asked for-- affordable housing in a large scale planned development. The developers worked their way backwaYds from the ptice of the hotne to get it down to this affordable level. Jim Morgan,Daktronics representative, said the City has known for some time that thexe is a shortage of affordable housing and now someone has come forward with a plan which is something different to address this need. He endorsed the plan and said Daktronics is behind these types of things coming to Brookings. He stressed that the need is urgent. Daktronics alone has hired 400 to 500 employees this year for full-time employment. Of those, 60 percent don't have a Brookings addtess. Brookings is not receiving all the benefits of those employees (i.e. propexty taxes, sales tax). Job oppoxtunities won't come here at the rate that is needed if the housing shoxtage isn't addressed. Daktronics has two plants outside of Brookings which is due to job market and space. We need to figure out how to retain the SDSU Engineering graduates and get them into their fitst home. Kuxt Cogswell, chair of the Brookings Cominittee fox People who have Disabilities, said he applauded the developers for their efforts to create affordable housing opportunities. However, the cost verses benefit on eliminating sidewalks, he felt sidewalks were a necessity. It is simply a bad idea fox people with disabilities to travel where cars are. With their limited mobility they simply can't get out of the way fast enough. There are also safety concerns for those with visual or auditory issues. Having been in a wheelchair himself and later a platform walker,he can speak fxom experience that it is texrifying to travel in the streets. DYivers are not looking for slow moving pedestrians in the streets. He realizes the cost of sidewalks is passed on to homeowners,but that cost that would not be buxdensome at approximately$650 for a 50 foot sidewalk. The benefits from a public safety point of view outweigh the cost. Those safety measures also extend to children for a safeY and friendliex neighborhood. Rich Reid, citizen and Interim Dept. Head of SDSU Engineering, said he used to live in a neighborhood without sidewalks,which is typical in the South. Children with"3 wheels"were off into the streets and couldn't control whete they went. Where he used to live they couldn't do what we do in Brookings, Here they go to the corner store connected by sidewalks. Halloween in Bxookings isn't a big safery issue. It was a big deal where he used to �ive. Will people 20-30 years from now be glad that we saved the original ownex$500 and that is why they don't have sidewalks? Dave Bertelson, Mills architect, said he has designed several neighborhoods through Mills Development and none have fxont sidewalks and we need to continue to let people have choices. If the home owner in this area would xather have ten $100 bills than a sidewalk in front,let them decide. Requiring sidewalks could be the straw that breaks the back of this development. Larry Swain, Habitat fox Humanity, lived 15 years in a neighborhood without sidewalks and enjoyed not shoveling. Kids were in the streets and there were no problems. One way streets also reduces problems. At Halloween the neighborhood was full of kids and everyone watched out. Thexe are bike paths for handicapped people. Whaley said the development idea is great,but noted that the city has had several developments with drainage problems. She asked if there was a drainage plan fox the entire 40 acres. Lanning said the preliminary plat is for the Valley View Addition only. Whaley said some developers have had to do an entire drainage plan before starting to build. She asked where would the drainage ponds be located. She agreed that sidewalks are needed. She had a problem with narrowing the streets and then trying to get through with blades for snow removal. She also had a problem calling this development"affordable." For many bankers a house priced from$118,000-122,000 is the top of the range for many people who work in Brookings. A house at $140,000 is too steep for many people and objected to it being pxomoted as affoYdable. She noted that there are 18 houses in town under$129,000 that are not selling now. Will this development sit with empty lots? She asked about the city park and what was the projected plan to fill that park. Would the city have to spend$40,000 on park equipment plus maintenance and manpower? Batdey applauded the developers for the plan. The last large scale development in Brookings was in Indian Hills where the sidewalks were behind the houses. It took a number of years to fill that development and the houses were affordable at that time. The final results of the development znay or may not lead to affoxdable homes. There is no guarantee that they will sell at a specific amount. The issues before the Council deal with density, setbacks, street widths, and sidewalk. As for 324 sidewalks, there is community support for sidewalks historically with a set community standard. This also relates to the safe routes program discussed earlier in the meeting. Sidewalks are important to a new development. The developers cited that sidewalks would add $1,000 per home. However, on 50' lots there would be 20' of driveway only leaving 30' for sidewalks. According to last year's sidewalk city bids,it would be $4/square foot which would add$660 per home. As for density and setbacks, the developers are thinking outside the box by requesting a higher density with more lots per acre. However,Bardey didn't think one-way streets make for friendly neighborhoods. There currendy aren't any one-ways in Brookings and the reason is they don't flow well in neighborhoods. Streets with parking on one side promote faster traffic. Half the home owners wouldn't have on-street parking. Their driveways are akeady shorter due to setbacks. People drive more. Kids drive themselves to school. Everyone seems to have more"toys" too. This neighboxhood won't be any different. At some point in the future the residents will ask why the city let them build it that way. No sidewalks and one-ways are bad neighborhoods. The standard street width is 31 feet and the developers are asking for 25 foot roads. Bardey estimated the increased costs of requiring sidewalks and two way traffic with parking on both sides to work out to$1,700 per house. We don't know what the homes will cost and neither do the developers. Will an additional$1,700 be a burden to affotdable housing? Bardey didn't think so. AMENDMENT #1: A motion was made by Bartley, seconded by Reitz, to rec�uire standard 4 foot sidewalks in this develo�ment. Discussion: Reed said$1,700 might be the breaking point. What is affordable depends.on income range and what they can get. He was afraid if the City keeps adding costs back into the project it won't be affordable anymore. Other groups scratch and woxk to reduce lot prices by$1,000. Bartley noted that those were non-profit gtoups with a completely different market than affordable. Affordable is relative to the pexson buying and their debt structure. He didn't believe a $141,174 price tag verses $140,000 would stop anyone from qualifying for a loan. He noted that there is no guaxantee that the developers will sell the houses for$140,000. Reed said when the idea is to get someone into a home,an additional$1,000 does mattex. � Bezdichek said the Council is charged with the difficult task considering safety and what is for the betterment of the City of Brookings. In private developments, such as Western Estates, the developers can do anything they want. The City doesn't plow the roads or maintain the stteets. Mills has some private developments. However,when the City has to ta.ke care of the streets the issue becomes more difficult. The City must look at what is the safest and what is t�ie standard for the community. As for sidewalks,it should not be a big issue for the majority of people and he was in support of requiring sidewalks. The issue he believes we have in Brookings is that 1 in 10 children live in poverty. There are 2,100 people that made less than $15,000 last year at$7.20/hour. Having a University in our town has resulted in houses in the $140,000 price range being turned into rental properry. The problem is that wages axen't where they should be and the City Council can't fix that. . Bardey reviewed for the Council's benefit that the issues before them were density, streets, setbacks and sidewalks. When the density is increased so are the number of cars. One parking space for two lots creates problems. The City has held developers to the standard of larger lots,with 31 foot streets with parking on both sides. The R-2 area near the Middle School has 4 bedroom units with probably more than 3 people per unit and cars resulting in no parking left on the streets and they are parking on the sidewa]ks. We'll have the same problem with any development if we don't allow as much parking as possible. If the City is going to allow increased densiry then parking must be provided for. All the other 50'wide lots in Brookings have alleys for parking,deeper lots and longer driveways. He is thinking about the issue in terms of community standards and qualiry of life for the future. ON THE AMENDMENT: All present voted yes;except Reed voted no;motion carried to amend. AMENDMENT #2: A motion was made by Bartley, seconded bv Reitz, to require standard 31 foot wide streets with two wav traffic and uarking on both sides. 325 Thomson said she has difficulty supporting the one-way street concept. She cited potential problems with snow removal, mail boxes,garbage pick-up, and fire truck access. Reed questioned if fite trucks are 20 feet wide and streets are only 31 feet wide, then the city shouldn't allow parking on both sides anywhere in the city. We should add this requirement to ordinances if it is that unpottant. It should be applied to the entite city. There are quite a few communities looking at narrower residential streets. Some have combined driveways. There are "cueing" lanes where people can pull to the side. Madison,WI has 28' streets with 3-10 units per acre and 27' streets foY 3 units per acxe. Missoula,MT has parking on both sides with 26' streets with 3 dwelling units and 32' streets in higher densities. Reasons they list for narrower streets is drainage. We're paving everything and increasing the amount of itnperious suxface. Cities are looking at absorption and pollutants. Bxookings needs to look outside the box and we'xe not. We're doing it tl�e same way as before. Other cities have found ways to make narrower streets work for plowing,waste pick-up, and safety for fire trucks. We're trying to create a utopian neighborhood and we'll never reach it. We need to do what we can do right now in a specific area to provide homes for people in a range that is needed now. Rounds said a 31' street would take 6 square feet away from the infxastructure and homes. Snow removal can be done with narrower streets. Home owners can roll their garbage cans across the street foY one-side pick-up. He feared the message the City was sending is that we want you to work here but not live here. Increasing the impervious area will result in needing more drainage ditches which would el'uninate foux lots,meaning four families won't get homes. Bardey said a 31' street would reduce each lot by three feet. Would that reduce the overall number of lots? Yes,it would take a bigger pond for drainage but didn't have an exact number. Kathy Rounds responded to Whaley's earlier question about a city park stating that the developer has no control over the city's budget regaxding parks. The city requested they put in a park and they agxeed to give the land. The drainage plan they submitted was within acceptance of the city and is for the entire first phase of the project. As for road widths there are studies that indicate narrower streets axe safer because it slows the traffic. Whaley asked if the houses will stay affordable. What is the defin�ition o£affordable? Rounds said no one has a defuution of what that is. She has talked to bankers and contractors while doing research on this project. Many of the houses in the $100,000-$150,000 range have been bought by parents for college students. Howevex,many of those houses need a new roof,bathxooms, electrical and other expensive infrastructure improvements. Whaley said some of the private development such as Meadowgreen and Sutnmexhill are maintenance free because the home owners pay for that service. Rounds said they specifically decided against a private association maintenance development because it's not affordable. T'hey want people to own their home and the land it sits on. Thomson noted there are SDHDA affordable housing loans available for developers. Reed sa.id that pertains to "low income"numbers and in those developments the developer must provide a certain number of houses at much lower ranges. Munstexman said in 2003 the Council identified the need fox affordable homes in order to allow Brookings to grow. He asked if the Council had lost track of that vision. He felt this development would create a tier of ownership that currendy doesn't exist in Brookings. Those that need houses in the $80,000 to $100,000 range won't be in Brookings, they'll be in Elkton and other neighboring communities. Those towns ate taking vacant lots and creating modulax home neighborhoods in a price range that smaller communities can offer. He noted that the risk of this development is on the developers and not the City. If they want narrower streets,it's up to them to maxket that as long as the City is happy with safety aspects. In that price range there are some amenities that homeowners will go without. When they want or can affoxd more amenities they'll move. He sees the City's role as being suppoxtive. When it comes to the growth in this community our City has to be a willing paxtner with developers using guidelines and common sense. The City also has to be ready to make investrnents such as a neighborhood park. We'll figure out how to clean a narrower stteet. If Brookings is to continue to grow,we need to make changes to make that happen. Right now we're experiencing growing pains for thinking outside the box. 326 Reed said the increased cost for road widths may take these houses out of the affordable range. The Council needs to consider the "people" aspect of this issue. He grew up on Orchard Drive east of Medary Avenue. Thinking through his childhood experiences,what if that price range of homes hadn't been available? Would he have stayed in Brookings? Building a house is a wealth builder. As a college graduate this is the range he would have been at. We need to strive to keep our college graduates in Brookings. We have jobs here but no homes. To respond to those that may ask why this neighborhood was built like this,his first home was seven feet off the alley, but was happy to have a home. The Council must look at the issue like this. A1 Heuton, Economic Development Director, said large scale development districts are a tool to do something different. It's a tool to think outside the box. He asked if not this project,what project will it be then. No one else is offering anothex solution. No one else is coming forward with any ideas. Now someone has stepped forward and came up with an idea for the entire project. Whaley responded to an earlier comment by the Mayor that the entire burden is on the developer. She didn't agree stating this will also impact city ctews, equipment and budget. If the City is willing to be partners in this project then it will need to make sure the budget is sufficient to provide for the depatttnents'personnel and equipment. She noted that the development is a great design but she still has trouble with it being called affordable. Say it's new or innovative,but don't say it's affordable. Bezdichek said it's not like the city isn't supportive. The City will maintain the streets,plant trees on the boulevard,and provide other sexvices. The City has given on other issues such as minimum square footage with smaller lots and altering setback requirements. The City has approved 70% of the developers'requests. It's a compromise. Bardey said the City is not calling"foul" for a common sense approach to sidewalks and streets. He is suppoxtive of the development saying it's a wonderful idea and hope it works. He didn't think these requirements for street width and sidewalks wouid stop the project. Scott Hodges said what is affotdable will always be different to others. He has been a realtor in Brookings for over 30 years. He recently had a house listed at$138,000 with 18 showings on the first day,multiple offers and it sold for well over the asking price. He said this is not a rare example. They are ttying to help and they are not crying foul. They are trying to make this development affordable by keeping the price tag as low as possible without sacrificing quality. They want to keep the industries in Brookings. When working with new construction,you can use the "shopping cart" analogy to building a house. Each item added to the cart adds to the cost. These changes may not seem like a lot,but it could be for people trying to get into a house. They are trying to keep the costs as low as possible and get as many people into homes they can afford. With the existing house situation,houses are selling well ovex list price. These houses will be sold at list price without multiple offers that run up the process. They hope this development will solve a problem that is deeper than people realize. Munsterman felt the Council,by not allowing them the opportunity to do what they had planned to do,is micromanaging. � Dennis Falken pointed out that with a 31 foot street with a 45 foot right-of-way the boulevards would only be 2 '/2 feet on either side which isn't large enough to plant trees. Standard right-of-way on a 31 foot street is 60 feet. On the amendment, all present voted yes except Munsterman and Reed voted no,motion carried to amend. On the MAIN MOTION AS AMENDED (made by Reed, seconded by Bardey): Dircu.r�ion on main�notion a.r amended.• The Council asked if the changes to the plat were significant enough to be returned to the Planrung Commission. No. Reed felt this action says if you ca�only afford a$140,000 house don't come here because we can't do it. Industries keep adding jobs and we're not doing anything to provide affordable housing. Brookings doesn't have enough homes in this moderately priced range. We're pushing people out of Brookings. 327 Bezdichek disagreed noting that city department heads have made recommendations and we need to believe in those individuals,if not, then we need to get tid of them. The Council is listening to theiY recommendations in order to make this neighboYhood safe. Reed said if that is die case then thexe should only be one-side parking on all 31 foot streets in town. Our streets have woxked fine. Should that standaxd be changed? On the motion, all present voted yes, except Munsterman and Reed voted no;motion carried. Resolution No. 34-07—Tax Incrernent Finance District#1. A motion was made by Reed, seconded by Reitz, to approve Resolution No. 34-07,a Resolution Declaring Boundaries, and Recommending Creation of Tax Incremental District Number One,City of Brookings. Todd Meierhenry,Bond Counsel, said this is the first step in order to move forward. Once the district is created by resolution,a letter is sent to the State Dept. of Revenue to establish the tax base. Aftex they set the base, all tax xevenues in the base goes to the City and the County and any unprovernents collected on the property go to the TIF. What the funds ate used for is determined by a plan which is developed at a later stage. Whether there is debt issue or the city fronts the money and is reitnbuxsed is determined later by the plan. Once the plan is established the city determines the interest Yate and what improvements the proposed revenue stream can support. Then the TIF goes to the bond buyex to review debt service ratios to detezmine what they are comfoxtable with. If the Council approves this xesolution,it will be published and can be referred withixi 20 days after publication. Tkat pexiod ends June 15`and then the letter is sent to the SD Department of Revenue to set the base using last year's value through November 1S` Dennis Falken asked if after the plan is established, the base is set, and the project is bonded and something else develops within the district that could use TIF funds. Does the city create another TIF or xedo the existing TIF? Meierhenry cautioned that the plan should be a 15-20 yeax plan calculating the top inflation numbers incorporating how to finance the improvements. Cities can have small districts and large districts, but with laxge ones there needs to be enough funds in the plan when the district collapses. Reed said he was happy to have the Research Park in Brooking rather than a meat packing plant. He urged the City to continue to partner with SDSU to get these types of projects that benefit the communiry. Reitz asked if the exact details of the plan come later with another chance to vote. Yes, the final plan will need to go before the Council. On the motion, all present voted yes;motion carried. Resolution No.34-07 Resolution Providing for the Creation of Tax Incremental District Number One(2) City of Brookings WHEREAS,the Planning Commission has xecommended the District Boundaries fox Tax Incremental District Number One,City of Bxookings,and has xecommended its creation;and WI iEREAS,the City of Brookings has the powers,pursuant to SDCL 11-9-2,to create Tax Incremental District Number One,City of Brooking,and to define its boundaries. NOW THEREFORE,IT IS HEREBY RESOLVED: 1. Authority and Declaration of Neeessity. The Ciry of Brookings declares the necessity fot the cxeation of Tax Incxemental District Number One,City of Brookings(hereinafter sometimes referred to as the"District"),puxsuant to SDCL Chapter 11-9. Further,the City finds that the improvement of the area within the District is likely to enhance significantly the value of substantially all of the other real property in the District and is necessary for economic development within the city. . 2. Findings of Blight. The City Council makes the following findings with xegard to blight: a. More than 25%of the property in the District is a blighted axea; b. Improvements to the District are likely to add millions of dollars of assessed valuation to the District and will significandy and substantially enhance the value of all pxoperty within the District; 328 c. 'Thexe is a reasonable likelihood that there will be a technology park,multi-family , housing and retail stoxes built within the District. d. A majority of the property within the District which is suitable for development as a technology park is currendy unplatted and is not on the tax rolls of the county or city; e. The aggregate assessed value of the District plus the tax incremental base of all other e�sting Districts in the city does not exceed Ten(10%)percent of the total assessed valuation in the Ciry. f. The District is predominanfly open bare land void of site improvements,that impai�s the sound growth of the City. g. The District also lacks water connections in the areas of unimpraved land which substantially impairs the sound growth of the District. h. There exist inadequate street layouts which tetard the provision of housing accommodations. i. The District lacks sewerage connections in many areas wluch substantially limits the sound growth of the District. j. The District constitutes a blighted area as defined in SDCL Chapter 11-9. 3. Findings of Maacimum Percentage of Tax Incremental Districts. The aggregate assessed value of the taxable property in the District,plus all other taac incremental districts,does not exceed Ten(10%)percent of the total assessed valuation of the City of Brookings. 4. Cteation of District. Theie is hereby created,pursuant to SDCL Chapter 11-9,Tax Incremental District Number One,Ciry of Brookings. The District is hereby created on the day this Resolution becomes effective,which shall be twenty days after publication of this Resolution. 5. Designation of District boundaties. The District shall be located with the northem,southem, western and eastem boundaries of the following described real property: NW 1/4 of Section 19-T110N-R49W NE 1/4,SW 1/4,excl.platted areas thereof,in Section 19-T110N-R49W Lot 3,Block 1,Telkamp Addition Lot 4,Block 1,Telkamp Addition Lot 5,Block 1,Telkamp Addition Lot 2,Block 2,Telkamp Addition Lowes First Addition Tract A,Block 13,Telkamp Addition Tract B,Block 13,Telkamp Addition Block 12,Telkamp Addition East 104.5 feet of Lot 1,Block 2,Telkamp Addition 6. Creation of Tax Incremental Fund. There is hexeby created,pursuant to SDCL 11-9-31,a City of Brookings Tax Incremental District Number One Fund,which shall be a segregated asset account. All tax increments collected pursuant to Ta�c Incremental District Number One shall be deposited into the Tax Incxemental District Numbet One Fund. All funds in the Tax Incremental District Number One Fund shall be used solely for those puxposes expressly stated and reasonably inferred in SDCL Chapter 11-9. Resolution No. 35-07—Tax Increment Finance District#2. A motion was made liy Reed, seconded by Thomson, to approve Resolution No. 35-07, a Resolution Declaring Boundaries, and Recommending Creation of Taa� Incremental District Number Two, City of Brookings. All present voted yes;motion carried. Resolurion No.35-07 Resolution Providing for the Creation of Tax Incremental District Number Two (2) City of Brookings WHEREAS,the Planning Commission has recommended the District Boundaries for Tax Incremental District Number Two,City of Brookings,and has recommended its creation;and WHERF.t3S,the City of Brookings has the powers,pursuant to SDCL 11-9-2,to create Tax Incsemental District Number Two,Ciry of Biooking,and to define its boundaries. NOW THEREFORE,IT IS HEREBY RESOLVED: 1. Authoriry and Declaration of Necessity. The City of Brookings declares the necessity fox the creation of Tax Tncremental District Number Two,City of Brookings(hereinafter sometimes referred to as the"District"),pursuant to SDCL Chapter 11-9. Further,the City fmds that the improvement of the area within the District is likely to enhance significandy the value of substantially all of the other real property in the District and is necessary for economic development within the city. 2. Findings of Blight. The Ciry Council makes the following findings with regard to blight: a. More than 25%of the property in the District is a blighted area; . b. Improvements to the District are likely to add millions of dollaxs of assessed valuation to the District and will significandy and substanrially enhance the value of all property within the District; 329 c. Theze is a xeasonable likelihood that there will be a shopping center,motel and various retail and service stores built within the District; d. The aggregate assessed value of the District plus the tax incxemental base of all other existing Districts in the city does not exceed Ten(10%)percent of the total assessed valuation in the Ciry; e. The District is predominantly open bare land void of site unpxovements,that impairs the sound growth of the City; f. The District also lacks water connections in the areas of unimpxoved land which substantially irnpairs the sound growth of the District; g. There e�ust inadequate street layouts which retard the provision of housing accommodations; h. The District lacks sewerage connections in many areas which substantially limits the sound growth of the District;and i. The District constitutes a blighted area as defined in SDCL Chapter 11-9. 3. Findings of Maximum Percentage of Tax Incremental Distticts. The aggxegate assessed value of the taxable pxopexty in the District,plus all other t�incremental districts,does not exceed Ten(10%)percent of the total assessed valuation of the Ciry of Brookings. 4. Creation of Disttict. There is hereby created,puxsuant to SDCL Chapter 11-9,Tax Incremental � District Iyumber Two,City of Brookings. The District is hereby created on ttle day this Resolution becomes effective,which shall be twenty days after publication of this Resolution. 5. Designation of District boundaries. The District shall be located with the northern,southern, westetn and eastern boundaries of the following described xeal pxoperry: Block 3,and Lot 5 of Block 8,and Block 8,excluding Lot lA,Wiese Addition SW Y4 of the SE '/4 of Section 19-T110N-R49W Block 1,Wiese Addition 6. Creation of Tax Incremental Fund. There is hexeby created,pursuant to SDCL 11-9-31,a City of Brookings Tax Incxemental District Number Two Fund,which shall be a segregated asset account. All tax increments collected pursuant to Tax Incremental District Number Two shall be deposited into the T�Incxemental District Number Two Fund. All funds in the Tax Incremental District Number Two Fund shall be used solely for those purposes expressly stated and reasonably infetred in SDCL Chapter 11-9. Traffic Li�hts. A group of citizens submitted petitions urging the City Council to take immediate steps to reduce hazards at the I-29 and Highway 14 intersection. They have requested the speed limit be reduced on Highway 14 by at Ieast 10 mph to a point past the Swiftel Center and stoplights be installed. Jackie Lanning,City Engineer,gave the following report: `�-Iighway 14 is a state-o�ned highsvay, and any improvement.r rvould be initiated and implemented by the SD DOT. I vi.rited with Al Petrick, DOT regional tra�c engineer, al�out the.rpeed limit on Highavay 14 and the requert for.rignal.r in the off ramp area. Mr. Petrick.raid there avould be two d�erent.rtudie,r in thi.r case, one to,ret the.rpeed limit and orre to.rtudy the.rigna!i.r.rue. Petrick said the DOT svill perform a.cpeed.rtudy thi.r.rummer for the.rection of the highway between 22"d Avenue and 32"`� Avenue. The DOT zvill document vehicle,rpeed.r for both ea.ct bound and ive.rt bound tra�ic, and they will examine a 200 vehicle.rample. They try to captu�z the f�e flozv tra�c lvhich svillgive the be.rt indication of.rpeed.r. They calculate the median.rpeed and the average,rpeed, and from that they urill examine the 85'�',bercentile.rpeed. Speeds are u.rually.ret near the 85'''percentile, 6ut they may adju.ct that num6er slightly. They al.ro examine�vhat�iercentage of car.r ar�5 mph and 10 mph over the.rpeed limit. After the.r�eed.rtudy, they zvill.rend the Cily a.rummary of the report. The o�cial change to the.cpeed limit i.r done by the DOT commi.rsion. In the meantime, the City may i.r.rue a re.rolution or letter of suppor�for a lo�ver.rpeed limit. The DOT would include any letter.r and petition.r of support to the DOT commi.r.rion. Petrick also di.rcus.red the.rignal.r in thi.r area. He.raid the DOT widl initiate a.rignal.rtudy in thi,r area, lvhich widl mo.rt likely begin in Augu.rt afler the.rtudents are in.re.r.rion. They unll examine the,rpeeds, tra�c counts, acczdent.r, and other data for the.rignal study. According to DOT'.r access management policy, the interrection that i.r the proper di.rtance azvay from 25'�'Avenue svould be 32"'�Avenue. Hoivever, the DOT ivould need to perform the.rtudy before they zvould be certain�vhich interrection:vo.uld receive a.rignal. Sagnal.rtudie.r follosv criteria li.rted in the Manual of Uniform Tra�c Control Device,r,MUTCD. If DOT.rta�'determine.r a.rignal meet.r the MUTCD criteria, they may program the intercection for funding, and then con.rtrzrct tbe project." Judy Hillmoe, petition signer,urged the Council to take immediate steps to correct the situation with the State Dept. of Transpottation. The Council questioned if a resolution verses a letter would be more effective. Britzman said either would have the same legal effect. 330 Jim Morgan,Daktronics representative, said the 32"`'Avenue intersection is equally urgent citing many accidents. Dennis Falken said the State Department of Transportation will be studying that area this August. Hillmoe was concerned that waiting until August was too long and something should be done before the Arts Festival. A motion was made by Munsterman, seconded by Thomson, to send a resolution of support to the South Dakota Departtnent of Tzansportation requesting they study that atea and that the matter is urgent. All present voted yes;motion carried. Governance & Ends Policy Amendments. A motion was made by Whaley, seconded by Reed, to approve the following amendments to the City's Governance and Ends Policies. All present voted yes;motion carried. 1.3 Governing Process, Council Style&Vision 2) Cultivate a sense of excellence.The Council, --�``'-° °`°`;will be responsible for excellence in governing. The Council will be an initiator of policy,with the advice and counsel of the Citv � Mana�er . 2.1 Council-Staff Linkage,City Managex Role As the Council's single official link to the operating City gover�ment, the City Manager's performance will be considered to be synonpmous with organizational performance as a total. Consequently, the City Manager's job contributions can be stated as performance in these e�y�-t�ve a�eRS, but not limited to: 1. City government accomplishment of the provisions of Council policies within the Policy Governance Model,especially Ends Policies,but also including Governance Process, and Council-Staff Linkage policies. 2. City government operation within the boundaries of prudence and ethics established in Council policies on Executive Limitations. F,nd.r Policy 1, Financial Stability "...Therefore,budgeting for any fiscal period or the remaining part of any fiscal period shall not deviate materially from Council Policies as established in key performance areas, or other City Council policies.The City Manager is thexefoxe prohibited fxom budgeting or spending that: 1. Lowers the City's bond rating; 2. , (replaced with new wording within Guideline A, Item 5) 3. 2. Violates Fedexal,State, or Municipallaws;ethical standards;and generally accepted accounting and budgeting principles. In addition, the Ciry Manager may not bypass Council judgment to allow budgeting tha't: 5. Increases operating expenses (meaning personnel and capital excluded) in any department beyond inflation using at least a rolling su�month average of the Midwest Consumer Price Index; Guideline A: With respect to budget preparations, the City Manager shall stay within the confines of what constitutes a conservative perspective,as it is the Council's intention to: 5. The City has established the,polic,kthat financial, service and program performance measures be develoned and used as an im,portant component of decision making and incorporated into �overnmental 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 obiectives of each deuartment. Performance measures should: a. Be based on�ro�ram objectives that tie to the City Council's goals and program mission or�ur�ose; b. Measure program results or accomplishments; c. Provide for comtiarisons over time; d. Measure eff'iciency and effectiveness; e. Be reliable,verifiable and understandable; f. Be reported internall,X and externallX; g. Be monitored and used in decision-making processes; and 331 h. Be limited to a number and degree of com�lexity that can provide an efficient and meaningful wa�to assess the effectiveness and efficiencX of key�rograms. Guideline C: 2. Lowers the following funds below the following: a. The Industrial Development fund—a cash flow reserve of 10% ° and a capital reserve of 90% funded with a�-revenue from the sale of industrial lands with a minimum of$500,000 in capital reserve. , b. The Special Assessment fund—a reserve based on an annual analysis of current develo�ment and future needs � c. 'I'he Storm Dxainage fund- a cash flow reserve of 20%58�mof annual revenues and a capital reserve based on the capital improvement plan with a iniiuinum of 80%�8A°�o-�of annual revenues from the previous year. Ends Policy 2,Municipal Services Guideline A: In terms of Life Safety,involving the police and fire departments, the City Manager sHa�teE-wil� 1) In emergency situations,u�hold the es�e��decisions made by the fire or police chief� ; 2) Maintain�e�ee personnel�e�et�- at established baselines; 3) �e provide appropriate equipment to ma�mize safety of personnel; 4) �e enforce ordinances and laws; 5) Not allow situations to develop that may Yaise insurance xates for citizens or for the City; 6) Maintain�ee�at$�e the budget in such a way that will not as-�e lower the quality of services. Guideline B: In terms of Functional Services,which include all departments of the City other than Life Safety, the City Manager�will• 1. �e repair infrastructure in a timely manner; 2.. Increase services�while forecasting benefits; 3. Expand department budgets�onlv while documenting baselines; 4. AppYOVe changes that€a�e fall within the long-term plan; 5. be intolerant to�e waste or inefficiency of any kind; 6. be intolerant to�'�e poor service by City Employees; 7. �e enforce ordinances and laws; 8. �e document ongoing citizen satisfaction and performance xeviews for sexvices provided; 9. ��s provide support and guidance for staff when they are forced to work outside of their expettise; 10. Seek 9�e�lee�opportunities to share facilities with othet entities; 11. �e-anticipate foYeseeable needs; 12. �si�-�e use foresight in developing services; 13. ��deliver services in a timely and quality manner; 14. £�i�e consider citizen complaints; 15. �e emphasize a usex-friendly approach; 16. �e apply technology whenever beneficial. Guideline C: The City of Bxookings has unique enterprise operations including the Solid Waste Disposal (landfilt), the Solid Waste Collection, the Liquox Retail Stoxe,and the LiquoY Ovexride. In terxns of enterprise operations the City Manager�e�will: 1. �e cornply with Guideline B; 2. �e review the Return on Assets (ROA) on an annual basis. The Return on Assets will be calculated comparing the net profit to the total assets of each enterprise operation. Net profit will be calculated using the total revenue of each enterprise including the sales of services or goods,interest,xents, sale of fixed assets,and miscellaneous income minus all expenses including depreciation, but excluding the General Fund transfer expense. Total assets will include long- term assets and current assets,but not restricted cash controlled by other entities (such as gxants, closure funds, etc.). (chart) 3. �e-compare, as a percentage, the General Fund Transfex to the gross revenue of each enterprise operation on an annual basis; (chart) 332 4. �e compare the enterprise operations against other similar government opexated enterprises in the state of South Dakota every two years. However, a description of the uniqueness of the enterprise operations must accompany the comparisons,which may include: • Services provided • Service area • Fees charged � General Fund Transfers (if any) • Total gross revenue generated • Source of funding for capital expenditures (xevenues,grants, second penny sales tax, general fund,loans, etc.) (chart) 5. ��e calculate earnings ratio on an annual basis; (sales of goods or services minus expenses including depreciation, but excluding the General Fund transfer;divided by sales of goods and services times 100) (chatt) 6. ��s-review a five year Capital Improvement Plan (CTP) on an annual basis. The CIP must list the capital oudays and source of funds,including demonstrating that needed capital resexves are maintained so that the enterprises axe being operated in a stable financial manner. Each department prepares a Five-year CIP on an annual basis. Ends Policy 4,Economic Development 1. City Government is ptepaxed for economic development opportunities. 2. Economic development entities are working cooperatively and collaboratively. 5 o� 6. The land around the Swiftel Center/Ice Arena is developed to enhance and complement the existing land use in the area. �°c-�vi=c"�i-ceii ici�c�z�a`�ciazr 7. Tourism is bringing outside money to the community. e) Facilities (Ice Arena,Swiftel Center, Sports Fields,Performing Arts Center, � Wellness Center) are used at capaciry. 10. 'The cost for tourism and promotion will not exceed the sum of the "3`d Penny",revenues raised annually�s-to$300,000. Ends Policy 5,Employee Training and Development Guideline B: "...Infrequently, full maxket surveys may be required to evaluate and implement necessary modifications to the City's pay system. Full market surveys that might require the services of a consultant to evaluate the City's compensation levels will be completed only upon xecommendation of Cit�Manager � and a roval�by the Council. The organizations to be included in the market research for non-exempt positions will consist of othex public sector entities primarily in South Dakota, as well as private sector organizations in the 333 local region, as a��ro�riate, that�have similar positions. Fox management and professional positions, the market will include many of the organizations previously identified, plus similarly sized cities in surrounding states that the city would com�ete with foY a�licants as identified b�the Citv Manager . It is not intended that the market will include significandy larger South Dakota cities, such as Sioux Falls and Rapid City,unless the market conditions clearly suggest the need to do so. In order to ensure that there is consistency in the methodology used when determining the compensation ranges and benefits, the City Manager will follow the guidelines below: In addition to infxequent full market surveys,periodic checks of benchmark positions will be completed as directed by the City Manager to monitoY and maintain the City's compensation program. To maintain compensation levels that are comparable to market, the City Manager will identify and select benchmark positions and organizations to survey on a timetable a��to�riate to �coming budget�ear. Efforts will be made to sutvey the same or like organizations as in the previous survey unless an exception to this policy can be justified. In oxder to maintain the internal equiry of the compensation system, the Job Factor Evaluation System adopted by the City will be used for all job cla.ssification reviews. The job evaluation is not intended to provide a specific value for a position;rather it is intended to provide an assessment of the "relative"value of a position to the oxganiaation,compared to other positions. The following criteria defined in the Job Factor Evaluation will be used in evaluating the internal equity placement of City positions: 1. Scope of Supervision—Factor measures both the level of supervision required as well as the number of individuals supervised. 2. Job knowledge—Factor measures the extent and nature of knowledge required to perform the duties of the position. 3. External Contacts—Factor measure the nature and £requency of external contacts. 4. Decision Making—Factor measures the level of decision-making and independent thought required. 5. Job Comple�ty—Factor measuxes level of analytical ability required in the position and the complexiry of rypical situations faced. 6. Physical Working Conditions—Factor measuxes nature of physical working envixonment and frequency in which employee typically works in that environment. 7. Exposure to Hazards—Factor measures employee's typical exposure to health and physical dangers and frequency of such exposure. The pay grade.r and pay ranges zvill r�main eon.ri.rtent and uniform a.r follou�.r. 1. The 6argaining unit avill have�Eee�e.rtabli.rhed baygrade.r�vith range.r of 21.7%,��e�h-e��% , and a.rix percent d�er�ntial bet2veen each grade. The i�av Qrade,r urill be determined Ga.ced on�iositzon title, .r�ecifzc dutie.r involved, and�ob�actor evaluation sv.rtem. 0 0 2. The manageinentgroup svill al.ro have�en-establi.rhed paygr�e.r�s��fi ranges of 35% s� 0 e�ve� Pav range.c zvill be e.rtablished bv�o.rztion title .r�ieci�ic dutie.r involved, and iob factor evaluation.rv.rtem. The non-union/non-managemefit tvill�e placed on a.rimilar pay.ry.ctem with ranges of 21.7%�+�-�i�-s��i�i-s�4-°�e Ther�i.r al,ro in�lace,for mana�ement exem�it em,plo�ee.r a�a�for�er�ormance,rvstem which is admini,rtered bv the Citv Mana�er ba.red on budgeted und.r to�rnvide recognition to management sta��or their additional contribartion.r, achievement.r and,reruice to the Cit�of Brooking.r over the ba.rt year. 3. For the police bargaining the Council will a���e have�pay grade.r urith range.r of 21.7%avith exception.c with le.r,r than 21.7% range.r to minimi�e overlap�� ° . f� com�ination of the data collected on the identified benchmark po.cition.r and the job factor evaluation.ryrtem�trill be u.red to place eacb City po.rition at appropriate paygrade.r in the City of Brnoking.r Pay Plan Schedule,r. By u,ring both the market.ruruey data and the job factor evaluation, the City avill have a�iay.rystem that i.r svithin market and reflects the City of Brooking.r or�ani�ation. The Council will not assume an obligation to automatically increase pay ranges without justification. Justification will xely on a review of the Midwest CPI and s�ecific salary date received/obtained 334 from sources as deternuned a�ro�riate b� Cit� Mana�er, . The purpose of this process is to develop a pay system that is fair.and within market and to provide a process that is consistent and reproducible. � „ � « „ . , « „ Executive Session. Motion was made by Reed, seconded by Whaley, to enter into Executive Session at 9:40 p.m. for the purposes of pricing and negotiations with the City Council, City Attorney, City Manager, Ciry Clerk and Mike Struck,Brookings Development representative present. Motion was made by Bardey, seconded by Reed, to exit Executive Session at 10:20 p.m. Resolution No. 38-07—Industrial Land. A motion was made by Reed, seconded by Whaley, to approve Resolution No. 38-07,a Resolution Authorizing the Ttansfer of Real Property to Brookings Economic Development Corporation, Inc. for Economic Development Purposes. All present voted yes;motion carried. Resolution No.38-07 • A Resolutiott Authorizing the Transfer of Real Property to Bcoolciags Economic Development Corporation,Inc.for Economic Development Purposes BE IT RESOLVED by the City Council of the City of Bxookings,South Dakota as follows: WHEREAS,the Brookings Economic Development Corporation,Inc.desires to: A. Purchase 30 acres of real properry located in Wiese Addition to the City of Brookings,South Dakota,for the price of Forty three thousand five hundred sixty dollars and zero cents(�43,560.00)per acre. WHEREAS,for the express purpose of furthering economic growth and development of the City of Brookings,South Dakota the Brookings Economic Development Corporation,Inc.agrees to sell, convey or otherwise transfer said property to a legal entity which is,or will be,conducting business in the City of Brookings,South Dakota,and WHEREAS,it is in the best interests of the City of Brookings that the City provide its economic development assistance in this matter to aid and assist with the completion of the aforesaid ' rransaction which will further economic development in the City of Brookings;and WHEREAS,the City is authorized to enter into this transaction as an economic development activiry under the laws of the State of South Dakota;and NOW THEREFORE,IT IS HEAEBY RESOLVED by the City Council of the City of Brookings, South Dakota,as follows: • A. That the City convey tide to,and hold,the above-described property to the Brookings Economic Development Corporation,Inc. fox the puxposes of furthering economic growth and development of the Gity of Bxookings,South Dakota;and B. That the Mayor,City Clerk and City Manager are authorized to execute the required documents in accordance with this Resolution. Adjourn. A motion was made by Reed, seconded by Whaley,to adjourn. All present voted yes; motion carried. Meeting adjourned at 10:23 p.m. City of Brookings � Sco . Munsterman,Mayor ST: oo,�� c,r ���. ,......,co a� i���� �'� � > C%� �- �� o: �. . `�°�T..,,wS}�a'�2 hornes, City Clerk yDAKOTP