HomeMy WebLinkAboutCCMinutes_2007_06_26 353
Brookings City Council
June 2G, 2007
The Brookings City Council held a meeting on Tuesday,June 26, 2007 at 5:00 p.m., at City Hall with
the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek,Julie
Whaley, Mike Bardey, Michael Reitz, and Tun Reed. Council Member Ginger Thomson was absent.
City Manager Dennis Falken, City Attorney Steve Britzman, and City Clerk Shari Thornes were also
present.
ADA Policies. Shari Thornes, Bxookings ADA Compliance Officer, said the Bxookings Committee
for People with Disabilities and herself were bringing forward two new policies for Council
consideration and adoption. She noted that the City Council has already adopted a City Facilities
Policy that clarifies compliance requirements to include new construction,xemodels,retrofits of city
facilities and city-funded facilities. This includes any entities receiving city subsidy or 2"d penny
money for a capital project. The City Council has also already adopted a policy that requires family
restrooms in all city facilities and city-funded facilities.
Now, the CoiYUnittee and ADA Cooxdinator are pxoposing that platform lifts not be allowed as
intexior ox exterior access for city and/or city-funded facilities,with limited exceptions considered.
Although the ADAAG, Section 1109.7 Lifts, states that platfoxm (wheelchair) lifts are permitted to
be a part of a xequired accessible route in new construction in some circumstances, the Committee
and Compliance Officer recognize that platfoxm lifts typically result in a separate, stigmatizing
experience for people who use them, a situation that violates the spirit of the ADA as well as the
principles of universal design. She is proposing that this policy not be exempted for new
construction. Lifts will only be considexed in remodeling or retrofit situations where it is infeasible
to install a ramp or elevatox. To exempt a project, the department head or funding applicant must
submit a written request identifying specific reasons for the exemption to the ADA Compliance
Officer. The Officer will provide a written recommendation to the appropriate department head
and City Manager. The City Manager will make a decision in the matter. The City Council will be
advised of any exemptions and pYOVided the opportunity to override the City Manager's decision.
The group also proposed that automatic and/or manual (push-button) door openers will be required
in all new construction,xemodel, or tetxofit of ciry owned or city funded facilities. Automatic door
opening devices, in compliance with ADAAG requixements,must be installed in primary entrances
closest to the accessible parking. Automatic door openers can provide impxoved access to its
services for all ciuzens,including those with disabilities. An exemption process is also provided for
palicy.
Reed said he was nervous having a policy with no option (i.e. platforms fox new construction). He
is concerned about making an absolute when designing a building. A lot of the issue relates to
process making sure that anyone who applies for city funding knows they have to follow this and
make suxe they are notified. There are times when the Council votes to award funds outside the
budget process. Thexe should be something that requires those applicants be notified right away
that they have to contact and work with the ADA Compliance Officex.
Kurt Cogswell, Chair of the Brookings Committee for People who have Disabilities, clarified that
the ADA is Federal Civil Rights legislation and not a building code. Review by the ADA
Compliance Officer and others is always necessary for all projects. Those that have not been
reviewed have required redesign and fixing after the fact. He cited the Swiftel Center (former
Multiplex) as a good example. It was designed by architects without an elevatox,which was later
added at the urging of the Comtnittee.
Bezdichek suggested that engineering and architectuxal firms should know all the aspects of the
ADA and if something falls through it would be their fault because they didn't advise properly.
Cogswell said previous experience has shown that said we can't xely on architects to catch
everything. More eyes on a project is always a good thing.
Reed noted that the policy on the platform lifts goes above and beyond ADA requirements.
Falken said the review of projects provides an important checks and balances. He said the city is
committed to providing bettex accessibility and should serve a model by being willing to go a little
above what is required.
354
Downtown Sidewalk Cafes & Sale of Alcohol. Steve Britzman, City Attorney, researched the
issue since it was discussed in February provided the following memo to the Council on the topic.
`2n order for alcoholic beverage.rale.r and con.rumption to be�iermitted upon the pubdic.rideavalk adjacent to an on-.rale
licen.red premi,re,r, one mu.rt conclude that the "licen.red premi.re.r"include.r not only the legal de.rcription of the premi.res,
but include.r the adjacent right-of-�vay which �vas dedicated to public use. The `public u.re"property i.r technic•ally held
in trzr.rt for the public, and the right.r and control over the public right-of-ivay are not.rubject to the control of the
adjacent propery orvner becau.re the public right-of-u�ay ha.r been, in the words of the Brookings doaamtoavn plat
dedication `dedicated to the public,r u.re forever."
It would appear that modification of State lasv to include a definition of"licen.ced premi.re,r"or a modifzcation of the
,ctatute below aa�ould be needed to firmly conclude that the sideu�alk area adjacent to a licen.red on-sale�remi.re.r is
included tvithzn the definition of a licen.red on-.rale premi.re.r ztpon 2vhich alcoholic beverage.r can be.rold and con.rumed.
35-1-5.3.Misdemeanot to consume or mix alcoholic beverages in public place other than
licensed oti-sale premises -Exception.It i.r a Cla.r.r 2 mi.rdemeanor for any perron to con.rume any
intoxicating liquor or to mix or blend any alcoholic beverage u�ith any other beverage, regardle.r.r of u�hether the beverage
i,r an alcobolic beverage, in any public place, other than upon the premi.re.r of a licen.red on-,rale dealer ivhere the
alcoholic beverage wa,r purcha.red from the dealer for on-.rale purf�ose.r. For purpo.re.r of thi.r.rection 'public place"mean.r
any�ilace, �vhether in or out of a buildin� commonly and cu.rtomarily open to or u.red by the general public and any
.rtreet or highway. Ho2vever, thi.r.rection doe.r not apply if the county commi.r.rioner.r or the governing body of the
municipality, charged�vith the approval of alcoholic beverage licen.re i.r.ruance, in their re.rpective juri.rdiction.r, ,rhall give
prior authori�ation far per.ron.r to con.rume or blend alcoholic beverage.t, Gut not to engage in the.rale thereof, in or upon
�ro�ery de.rcribed by the authori�ing governmental subdivision, which proj�erty i.r publicly o�vned, or`olvned by a
nonprofit cor�oration. The permit period.rhall not exceed tiventy four hourr, and hourr of authori�ed con.rumption.rhall
not exceed tho.re permitted for on-,rale licen.ree.r.
He noted that the public right-of-way has been dedicated to public use forever. It is pxetty cleax
what public use is. It's held for the benefit of the public and is considered public property. We have
adopted certain ordinances that control traffic and sidewalk issues. It is also pxetty clear that the
land in downtown area is public the streets and sidewalks are public right-of-way. This is important
because the State law does govern where alcoholic beverages can be sold and consumed. Cities and
more loosely define where malt bevexages are consumed through othex laws, but liquor and wine
sales must occur within a licensed premise.
In his memo he included an Argus Leader article from 2004 in which the Sioux Falls city attorney
had a difference of opuuon if streets and sidewalks are public property or construed as being
adjacent to and part of the licensed premises. However,Britzman does not conclude that the
sidewalks can be part of the licensed premise.
He noted that some businesses also have a parking lot that is part of the legal pxemise, such as
Guadalajara's, the Pavilion, or Prairie Lanes. However, the downtown does not have the same
opportunity. The front door is private and the sidewalk is public. The City could modify.theit malt
beverage licenses on what is restricted for open container of beer,which is currendy prohibited on
the public right-of-way. .
He noted that he is not stating policy or saying whether the idea is good or bad. He is only
providing an objective opinion on whether or not it is legal under current laws.
Bezdichek noted there are establishments in town that can provide outside access and don't infringe
on public access. The Argus Leadex article mentioned that customers could buy beer or wine. Are
sidewalk sales limited to beer and wine and no liquor? Britzman said historically beer is more
informally or liberally interpreted fox consumption. There isn't a special rule for wine. Laws state
that alcoholic beverages are to be sold and consuxned at a licensed premise. There is a difference on
legal opinions on the matter. He has reviewed this issue before and has spoken with the Sioux Falls
attorneys.
Bezdichek asked if the city could be restrictive if it were beer and wine if they were restaurant
establishments. Britzman said no, the consumption must occur on private properry within their
licensed premises which could be outside in a beer garden or other designated area. However,in
our downtown there is no room in the front of buildings.
Bardey noted that he has attended events in Sioux Falls where there was no restriction and people
could carry alcoholic beverages in the open for 15 blocks. There was free reign but the streets were
blocked of£ Is that related to special events with special permits? The other issue is how they
define their licensed establishments by legal description,which is established by license application.
355
Do cities have the option to change the legal to include sidewalks even though the business doesn't
own it? Britzman said the history of street dances and special licenses go way back. Cities do have
options fox special events. However, changing the legal description to include sidewalks would not
pass all the tests of making it part of a private business to satisfy the statutes. The sidewalks and
stteets have been dedicated to the public.
Doris Roden, Downtown Bxookings Inc. (DBI), said DBI's purpose is to assist businesses become
economically stronget which results in other positive benefits (i.e, preservation of sttuctures). The
cteation of sidewalk cafes with alcohol was a suggestion that came from a downtown business.
From the information out there we know people are atttacted to environments that are active and
inactive. Many communities in the US and abroad have cafes in public space serving alcohol with
certain guidelines. She noted that the City Council has already passed an ordinance to allow
sidewalk cafes. She asked the City Council to consider interpxeting the state law the same way that
Sioux Falls does. She has had conversations with their City Attorney and how they support their
policy of allowing alcohol at sidewalk cafes. DBI wants to attract people that a.re cxeative and this is
the type of thing they really like. The goal is to keep businesses strong and respond to customers'
needs. People want to sit at outdoor cafes and order wine,beer or mixed drink off the menu.
Britzman said there has been no change in the state law that would allow for it. He has talked to
Sioux Falls officials about their interptetation, Their justification is that with a dedicated street the
land underneath is ultimately the landowners if the street were ever vacated. It would revert to the
adjacent land owner.
Roden said she wasn't satisfied with Britzman's answer and knows that sidewalk cafes with alcohol
axe allowed throughout the country. She said it is time that the City let its tesident allow to enjoy
that amenity.
Munsterman suggested that DBI talk to state legislators about sponsoring a bill. Roden said right
now there are cities that interpret the current law and allow it. She isn't suxe what law change is
necessary when it is already implemented.
Bartley sugg.ested the City take the issue to the SD Municipal League to inquire what other
communities want.
Roden said she was surprised that Britzman didn't talk to Sioux Falls officials to write this report.
Britzman said he feels he is up to date on the law and feels comfortable in making his interpretation.
He has talked to Sioux Falls officials in the past and knows their interpretation basis.
Munsterman agreed that this is a good question for the SDML.
Reed said if there is a challenge to the law it would stir the pot. Because the sidewalks and streets
are public right of way thexe is nothing stopping them from going up and down the sidewalk.
Clarification on the law is needed.
ACTION: A motion was made by Munsterxnan, seconded by Reed, to direct the City Attorney to
draft a letter to SDML about the conversations and ask for their input on the subject matter.
Di.rcu.r.rion: BeZdichek said he didn't think that wa.r nece.r.rary. There are already other citie.r in the rtate senring.ruch
a.r Hill Cit.y and Dead�vood. Aeit�sugge.rted it may be ea.rier to a.rk for forgivene.r.r. Who will.rtop it� It may be
ea.rier to go ahead and do it. Falken.raid clarification.r are needed. It if again.rt the law to rvalk on a public.rtreet
svitb an o�ien container. It 2vould take a lasv change to allow licen.ce.c to extend their�iroperty onto the.ride�valk. In
hi.r apinion, Sioux.Fall.r i.c skirting the i.r.rue. Roden.raid there.rhould be defined places�vhe�z liguor would be
:bermitted and not r�ntil 2 am. Only place.r that.rerue food off the menu. Cut it off at 10 pm. Motion was
withdrawn.
Bezdichek requested this item be scheduled for a public meeting for discussion and possible action.
Drainage policies. Jackie Lanning, City Engineer, said the Ciry has been proceeding with the
master drainage plan for the City. The city has unique topography where it has been built on a
"ridge" causing water flows to both the north and south. The master plan will likely occur in
phases,where one drainage basin will be studied at a time. The first area being studied is the
southwest dxainage basin,which runs from the Tunbexline Addition in a southeasterly direction to
Medary Avenue South, near the Larson Soccer Complex. The second area of study will be the
drainage basin that runs from the Brookings Mall axea in a southwesterly direcrion to Medary
Avenue South,near Larson Soccer Complex.
356
The drainage fee had been taised significandy for 2007 to have more funds available for the master
plan and drainage improvements. The drainage project being implemented in 2007 is the Indian
Hills detention pond, and the funds available will only cover the construction project and not the
land purchase agreed to in 2007. However, there is a need to build a second detention facility near
the Brookings Mall which would involve land purchase, design, and construction and most likely the
2008 funds available will not be adequate fot the entire project.
Lanning asked the Council to consider the following questions. Should the City raise the drainage
fee to fund more projects? Should the city bond for funds to build more projects in a quickex time
frame? Should the City utilize other funds for drainage improvements? Falken said Council
direction will be very helpful as we proceed into the budget season.
Munsterman asked if there was any indication what these projects will cost. Lanning said no,but
would pxovide estimates at the next council meeting after she confers with the drainage consultant.
Munsterman said it's hard to know how to pay for it if we don't know how much it will be. Lanning
said they are still in the master pian design phase but have idenrified the first two projects that need
to be done.
Baxtley said the Council needs to know how many pxojects. Would it be two pxojects per year?
Lanning said a total number is unknown until the drainage basins are modeled. The priorities would
be axeas of complaints and those can visually see the affects of rainfall. Bartley reiterated that the
Council will need to know how many yeaxs and how many projects in order to budget.
Munsterman said the Council will have to fund the highest need and highest priority. It will need to
identify which areas have the most potential for the most damage.
Lanning said the study will be completed in July.
Falken said the staff doesn't want to make these decisions without Council involvement. The
Council will need to prioritize which projects need to be done as soon as possible and which ones to
work into a plan. Staff needed to bring this issue forward before budgets are prepared in order to
know what to request.
Consent Agenda: The executive session was removed from the agenda. A motion was made by
Bezdichek, seconded by Reitz, to approve the consent agenda which included:
A. Agenda as amended.
B. Minutes—june 12,2007.
C. Action on Resolution No. 43-07, awarding bids for 2007-01SWR Sidewalk Repair
Project. Bids were opened on June 19,2007.
Resolution No.43-07
Resolution Awarding$ids on Project 2007-01SWR
Sidewalk Repair Project
Whereas,the City of Brookings has received the following bids for Project
2007-01SWR Sidewalk Repaix Project:
Schedule A: Park&Rec Department Sidewalk
Austreun Excavating,Brookings $17,172.40
Owens Enterprises,Inc.,Brookings $29,780.50
Carstensen Contracting,Pipestone,MN �34,911.50 �
Clark Drew Construction,Brookings $37,933.75
Schedule B: Misc.City Conctete Woxk
Austreim Excavating,Brookings �15,943.60
Owens Enterprises,Inc.,Brookings $38,331.75
Catstensen Contzacting,Pipestone,MN $40,798.75
Clark Drew Construction,Brookings $37,533.00
Now Therefore,Be It Resolved that the low bid of Austreim Excavating,Brookings,fox Schedule A:
$17,172.40 and Schedule B: $15,943.60 be accepted.
D. Action on Resolution No. 44-07, awarding bids for 2007-03SSI,Indian Hills Drainage
Project. Bids were opened on June 19,2007.
Resolution No.44-07
Resolution Awarding Bids on Project 2007-03SSI
Indiatt Hills Drainage Project
Whereas,the Ciry of Brookings has received the following bids for Project '
2007-03SSI Indian Hills Dxainage Project:
357
Rnund.r Con.rtruction,Brooking.r ,B'235,430.17
Bozve.c Con.rtruction,Inc.,Brookingr ,$322,971.55
Now Thexefore,Be It Resolved that the low bid of Kound.r Con.ctruction,Brooking.r,for�'235,430.17 be
accepted.
E. Action on Resolution No. 45-07, awarding bids fro 2007-08STI, Street Maintenance
and Overlay Project. Bids were opened on June 19,2007.
Resolution No.45-07
Resolurion Awarding Bids on 2007-08STI
Street Maintenance Project
Whexeas,the City of Bxookings has received the following bids fox 2007-08STI Street
Maintenance Pxoject:
Schedule A Asphalt F.O.B. Bowes Construction,Inc. �31,413.45
Schedule B Overlays Bowes Construction,Inc. $45,746.10
Schedule C . Alley Bowes Construction,Inc. �19,944.23
Schedule D Middle School $owes Construction,Inc. �95,630.00
Parking Lot
Now Therefore,Be Tt Resolved that the low bid of Bowes Construction,Inc.for amounts of
Schedule A: $31,413.45,Schedule B: �45,746.10,Schedule C: 19,94423 and Schedule D:
$95,630.00 be accepted.
F. Action on Resolution No. 4G-07, awarding bids for P3245(00) PCN H018 and
P3245(00) PCN H015,22"d Avenue Asphalt Resurfacing and Pavement Marking Project.
Bids were opened on June 19, 2007.
Resolution No.46-07
Resolution Awarding Bids on P3245(00) PCN H018&H015
22nd Avenue Asphalt Surfacing and Pavement Marking Project
Whereas,the City of Brookings has received the following bids for P3245(00)PCN H018
and PCN H015,22"�Avenue Asphalt Surfacing Pavement Marking Project:
Schedule A(6�''St to Bypass) Bowes Construction,Inc. $386,995.29
Schedule B (11�^S.S.to 20�h St.S.) Bowes Construction,Inc. $400,398.52
Total Bid Bowes Construction,Inc. $787,393.81
Now Therefore,Be It Resolved that the low bid of Bowes Construction,Inc.for amounts of
Schedule A: $386,995.29 and Schedule B: $400,398.52,for a totai bid of$787,393.81 be accepted
contingent upon the concurxence of the South Dakota Department of Transpoxtation in the award of
the bid.
G. Action to approve Resolution No. 48-07, Resolution for grant agreement between the
So.uth Dakota Department of Transportation and the City of Brookings (Telkamp Industrial
Park).
Resolution No.48-07
Resolution for Industrial Park Grant Agreement
WHEREAS,the City of Brookings has identified the need to construct certain streets in the Telkamp
Industrial Addition to better serve the area businesses;and
WHEREAS, it has been detexmined by the State of South Dakota that the project is eligible for an
Industrial Park Grant;and
WHEREAS, the City of Brookings will secuxe the requixed right-of-way for the construction of
the project;and
WHEREAS,the City of Brookings agrees to maintain the street fot its useful life;and
WHEREAS, the City of Brookings to provide a 20% local match for street construction costs,plus
pay all engineering and adtnuiistrative costs associated with said project;and
THEREFORE,BE IT RESOLVED that the City of Brooking duly authorizes the City Manager of
the City of Brooking to sign all documents for the Industrial Park Grant Agxeement between the SD
Depaxtment of Transportation and the City of Brookings.
This resolution is effective immediately upon passage.
On the motion, all ptesent voted yes; motion carried.
2"a Reading—Ordinance No. 20-07—Conditional Use. A public hearing was held on
Ordinance No. 20-07: a conditional use to establish a boardinghouse for four (4) persons on Lot 9,
Block 10, Parkdale Home Second Addition (228 West 7`h Street).
358
Public Hearing: Bryan Ri'eger, 222 7'�'Street We.rt, read the follouring letter for the o�cial record.• "t�e are zvriting
thi.r letter on behalf of other.r, like u.r, svho are concerned about the future of thi.r neighborhood. Thi.r neighborhood
con.rist.r mo.rtly of mode.rtly-.ri�ed house,r and proud homeowner.r. The pro�o.red change in the projierty�arill change the
balance of owner-occupied verru.r rental/boarding hou,re propertie.r and will negatively impact the dynamac.r of the
neighborhood. There are numerou.r r�a.ron.r to deny thi.r Conditional U.re l�eque.rt. Here are three point.r to consider.•
1) An increa.re from three (3� to four(4) non-related renterr in a hou.re re.rult.r in a.rignificant increa.re in activity in
and around a rental properZy (at lea,rt a 25%increa.re, if not more);2) There are very.fe�v, if any, mode.rtly-,ri�ed
hou.re.r being built in Brooking.r. Many.cingle person.r, .rmall familie.r, couple.r urithout childr�n, and retireer may not
need the.re large house.r being built today;3) There i.r lack of a�fordable hou.ring in Brooking.r. Mo.rt of the ne2v bou.re.r
being built today are priced out of the reach of loaver-income families. Tbe conversion of thi.r prnperty to a boarding
hou.re nearly guarantee.r it�vill be a bought and.rold a.r an inve.rtment prnperty in the,future. The boarding hou.re
de.rignation�ectively remove.r tbi.r hou.re from the aj�fordable hou.ring market. lVhat i.r the j�lan for tbi.r neighborhood?
Should our neighborhood eacpect approval of more boarding hou.re reque.rt,r in the future? Hoiv many more� ...one
more, taa�o,four, ten? IdVben zvill it.rtop? Just a.r tbere ha.r been a reque.rt for a change to this neighborhood, here i.r a
regue.rt to keep it tbe.rame...to keep the balance. Thank you, Bryan Kieger and Dr.Amy Leavi.r
Georgianna Ol.ron agreed urith Rieger.rtating that boardinghou.re,r change the avhole appearance of neighborhood.r.
When people buy affordable home.r they knosv the rule.r and tben they�vant to increa.re their profit by 25% .ro they add
another renter and de.rtroyyard,r and neighborhood.r. �
f�lan Austreim, applicant and part oumer, .raid he and hi.r�iartner bought the prnperty a.r an inve.rtment zvith the
intent to rent. Thi,rproperty ha.r.ride,rtreet acce.rr. Acro,r.r the.rtreet i.r all commerczal. There are eight o�f-.rtreet
parking.rpace.r. Increa.ring to four renter,r keeps the property a�ordable enabling the osvner.r to make improvement,r.
He har contacted other neighborr and they don't have any problem.r. He ha.r in.rtructed them to call him immediately if
they.cee anything unacceptable. He anticij�ate.r the pmperly zvill.rtay under their ozvnerrhip for a long time. Public
hearing closed.
ACTION: A motion was made by Bartley, seconded by Reitz, to approve Ordinance No. 20-07.
Discussion: Reitz asked if the designation would stay with these owners only and would include
hard surface parking. Dan Hanson,Planning& Zoning Administrator, said the Planning
Commission approved this application without any conditions. If the Council was interested in
making that as amendment, this would be the appropriate time.
A motion to amend was made by Reitz, seconded by Whaley, to include the following conditions:
1) Conditional use be granted to Rudolph Curtler and Allan Austreim only and 2) The required
parking for the use shall be hard-surfaced. All present voted yes;motion carried.
Discussion on the main motion as amended: Bardey asked how many other pieces of property in
that neighborhood would meet all the qualifications for this boardinghouse. Hanson said that block
is unique in that the lots are 190'x50' for an overall size of 9,500 square feet. There are two non- .
conforming duplexes that are too small and 13 single family residences. The land to the west and
south is zoned B3-heavy business. Zoning doesn't provide protection to the single family residences
because they could be removed and the area converted to heavy business use. Right now the
neighborhood is primarily single family. �
Reed agreed with Rieger's comments stating this is an issue in town right now,reiterating the points
in his letter. He said he doesn't know how to go forward and how to change what we're doing,
other than wait for the housing study results.
Munsterman noted that one action item latex in the meeting will be to amend the Council's goals to
include studying the housing density issue and develop a plan for balance in the neighborhoods.
Whaley said these houses may be affordable but all need significant improvements. Turning them
into rentals enables owners to f� them up and improve the neighboxhood.
Reitz said according to the rental housing list many of those houses axe already rentals with three (3)
to four (4) people in them.
Baxdey commented that affordable housing isn't necessarily single family ownership. Many single
people need a place to live and maybe don't want to buy. A boardinghouse may be affordable to
them.
359
Recd said if that were true we wouldn't have Twin City Fan moving their jobs to Sioux Falls. It
points back to homes and not rental units. Industry and businesses need housing units to attract
families to move and stay in the city.
On the motion as amended, all present voted yes, except Reed and Munsterman voted no,motion
cartied.
2"a Reading—Ordinanee No. 21-07—Rezonin� A public hearing was held on Ordinance No.
21-07;rezoning the west 740 feet of the east 1,900 feet of the south 400 feet of the N'/2 of the NE'/a
of Section 3-T109N-R50W (Valley View Addition). No public comment was xeceived. A motion
was made by Whaley, seconded by Bartley, to appYOVe. All present voted yes;motion carried.
Resolution No. 47-07—Wine O�eratin�A.�reement—Shamrock. A motion was made by
Bardey, seconded by Reed, to approve Resolution No. 47-07, authorizing the city manager to sign an
operating agreement fox wine for the Shaxntock located on 22"d Avenue& 12`h Street South (new
license). All present voted yes;motion carried.
Resolution No.47-07
The Shamrock
Wine Operating Agreement
BE IT RESOLVED by the City of Brookings,South Dakota,that the Ciry Council hexeby approves a
Lease Agreement for the Operating Liquor Management Agreement for Wine between the City of
Brookings and the Shamrock 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 1104 22°�Avenue South.
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 and renewal fox another five(5)years.
Malt Beverage License—Shamrock. A motion was made by Reitz, seconded by Whaley, to
approve a malt beverage license for the Shamrock,located on 22"d Avenue& 12`h Street South (new
license). All present voted yes;rnotion carried.
Site Plan—Gilkerson Addition. A motion was made by Baxtley, seconded by Reitz, to approve an
amended I-1R Site Plan on Lot 3, Block 2; and Lot 3, Block 5 Gilkerson Addition, and the west 800
feet of Block 4, Gilkerson Second Addition (331 32nd Avenue). All present voted yes;motion
carried.
Preliminar�Plat—Windemere Pointe Addition. A motion was made by Bardey, seconded by
Reitz, to approve a pxeliminary plat of Windermere Pointe Addition in the SE'/a of the SW'/a of
Section 36-T110N-RSOW (1600 block/20th Street South). Discussion: Whaley asked if the area was
still zoned agriculture. Hanson said this is a preliminary plat and no permits can be issued in the
preliminary status. This is local ordinance and not tied to state law with development ties. Whaley
was concerned that the intersection is 85'wide and the ininimum is 125'. Do we have to keep
changing making everything smallex? Hanson said 85'was the anticipated offset;however, that
futuxe street doesn't exist. AppYOVaI of final plans will cause changes potentially for the street in the
future with a 125' minimum of£set. He was looking ahead of this development south of this
subdivision. They are not asking for a variance. Their plan meets zoning plat requirements. On the
motion: All present voted yes;motion carried.
C� Council Goals. A motion was made by Reed, seconded by Whaley,to add the following
outcomes to the City Council goals: O UTCOME:Addre.r.r ou�ner occupied concern.r uiith perceived high rental
density in neighGorhood.r. 1)Study rpntal ho».ring den.rity, ancl 2)Determine policy for acceptable level.r of rental
hou,ring density per neigh6orhood. O UTCOME: Drainage. 1) Complete full comprehen.rive.rtudy of drainage i.r.rue.r
(/y mid.rummer 2008), and 2)Study data,prioriti�e projectf, develop long term plan.r(by end 2008). All present
voted yes;motion carxied.
BMU QuarterlX Financial Re�orts. BMU Quarterly Financial Reports. Steve Meyer,
Brookings Municipal Utilities,was present to provide first quarter financial reports to the City
Council. Overall, the financial results for the Brookings Municipal Utilities were more profitable
than budgeted for the first quarter of 2007. BMU profits also exceeded last years results for the
same period.
Laura Julius, BMU staff,presented the following reports: The combined balance sheet for all
enterprise funds indicated a cash position at quarter-end of$29.9 million with net fixed assets of
$64.2 million. Operationally, BMU had revenue of$7.3 million,not irzcluding the unregulated
360
portion. Operating expenses were appro�mately$6.1 million. Net operating income was $1.2
million for the quarter. Budgeted capital outlay for 2007: electric $1.8 million,water$0.6 million,
wastewater$0.6 million, telephone $3.4 million and$1.5 million for unregulated.
Fund detail repoxts included balance sheet, cash flow and quarter to date, and budget to date:
electric fund $6.5 million in cash, net fixed assets of$22.1 million, $6.1 million long-term debt and
equity of$27.3 million. The electric fund had xevenue growth in the first quarter with $4.2 million
in operating revenue for a net income of$500,000. The electric fund capital budget is $1.8 million
with $400,000 spent year-to-date.
Bezdichek asked when paying the bonds, does SDSU pay for the maintenance of future equipment.
We should see an increase of revenue from purchasing of that and paying the bond. Meyer said yes,
that is included in the operating income and rate structure. Total electric fund revenues are
exceeding budgeted revenues by $300,000.
Baxdey asked if the growth was attributed to rate increases from 2006 and 2007. Meyer said yes and
also increased user consumption.
The telephone bala.nce sheet reported$17.1 million in cash,$21 million in net fi�ced assets and$21.9
million in long-term debt. The operational petformance in the wireline telco is stable in both
operating revenue and operating income compared to previous years' first quarter results. Overall
net income in the telephone fund was $800,000 which exceeded budget expectations.
The wastewater £und has $2.4 million in cash, 103 million in net fixed assets,and$1.2 million in
long term debt. The fund is stable at$500,000 in operating revenue,breaking even on net income,
and is performing in accordance with budget. Litde has been spent of the$570,000 capital budget.
The water fund is reporting$2.3 million in cash with$1.0 million in long-term debt. There is
growth in the water fund revenues due to rate increases. It is breaking even on operating income
and net income. The water capital budget is $577,000 with $90,000 spent year-to-date.
Bezdichek asked if there was much interest with new residential construction for two water meters;
one for standard usage and one for watering. Meyer said no, not many,mosdy for commercial.
The unregulated activities of the Telephone Fund, consisting of the sales and lease of
communications goods and services,internet and wireless services were presented. Net income
fxom unregulated activities fell short of their budget expectations for the first quarter of 2007;
however they did favorably exceed amounts reported in 2006 fox the same period. Variances from
budget expectations were due to higher than expected operating expenses. Net income from
unregulated activities totaled$399,865.18 for the first quarter of 2007.
Ad�ourn. A motion was made by Reitz, seconded by Whaley, to adjourn. All present voted yes; .
motion carried. Meeting adjourned at 6:54 p.m.
City of Brookings �
cott . unsterman,Mayor
ST:
o,�e c.ry
L;O•••tP p/N o o'� ����j���/ %/ �/f/f
O: • W�, Ir Y C' i ����J�/
��'o'•. '" ornes,Ci Clerk
Gry DAKO�P �