HomeMy WebLinkAboutCCMinutes_2008_02_12 492
Brookings City Council
February 12, 2008
The Brookings Ciry Council held a meeting on Tuesday, February 12, 2008 at 4:00 p.m., at City Hall
with the following members present: Mayor Scott Munsterman, Council Members Julie Whaley,
Mike Bartley, Ryan Brunnex,Tim Reed, Ginger Thomson, and Tom Bezdichek. City Manager �
Jeffrey Weldon, City Attorney Steve Britzman,and City Clerk Shari Thornes were also pzesent.
4:00 P.M. Presentation on the Swiftel Center Expansion Plan �
Representatives of VenuWorks gave a presentation on the Swiftel Center Expansion Plan. A
complete copy of the feasibility report and PowerPoint presentation is available for public inspection
at the City's Clerk Office.
Sharon C»mmins,VenuWorks, said since 2003 the Swiftel Center has supported 1,486 event days
and has welcomed ovex a half million patrons through its doors. The annual Economic Impact of
events hosted at the Swiftel Centex has increased fxom$4,167,200 in 2001 to$10,515,721 in 2006
(with mulriplier).
The focus of the study evolved around the need to better accommodate current conventions and I
meetings and to expand the Swiftel Center's opportunities to secure additional business. Early in the
process,it became apparent that remodeling and e�cpanding the Swiftel Center would be required to
alleviate space shortages and to allow the Swiftel Center to accommodate a wider range of
simultaneous,multiple events.
T'he design for the Swiftel Centet expansion is needed to address the following issues: lack of I
flexible meeting space,lack of large ballroom and exhibit space,lack of secure storage and office
space,obstructed and/or congested public circulation to e�cisting meeting rooms and arena (a safery
concern),and an undersized kitchen for the usage needed.
An event based feasibility study looks at usage,design and function. A successfill convention center I�!
attracts new business to the community through meetings, conventions,and trade shows;attracts '
entertainment, cultural,religious,business,tourist and other special events;and provides space for
non-profit, charitable and community events.
The methodology in this feasibility study includes surveys and interviews. As a part of this analysis, �
VenuWorks interviewed, surveyed,and/or consulted community members and industry
professionals. Research was also conducted with regard to the capabilities and amenities of
competitive facilities within South Dakota. Current and potential client groups were surveyed or
studied to assess their needs.
Ron Cumtnins,VenuWorks,pxovided the survey highlights: I
Event Rec�uirements
■ 81.5% of convenrion and meeting planner Respondents meet once every year ',
■ 77.7% of potenrial clients rotate event locations among South Dakota cities or choose a site
each year . I
■ 85.7% of current and potential clients use meeting rooms �'
• 70.4% of potential clients need mulriple break out rooms per event '
■ 84% re uire ban uet and exhibit s aces on the same da �'
q q p Y .
Hotel Rec�uirements I'�
■ 54.1% of convention and meeSing events have 100-504 attendees
■ 57.9% of attendees are accompanied by a spouse or guest !
■ 58.4% of current clients'events run one to two days '
• 96.2% of potential clients'events run two to four days '
■ 85.7% of all Respondents prefer an attached hotel '
In a competirive analysis of ineeting rooms current ranking,the Swiftel Center ranks 18 out of 19 ',
for the numbex of ineeting xooms when compared to other South Dakota facilities. As for exhibit ,
space current ranking, the Swiftel Center ranks 5 out of 19 fox exhibirion space when the arena and
concourse are included. 'I'he Swiftel Center drops to 18 out of 19 when the arena and concourse are �
excluded. �
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Related to current demand,versatility is the key component to being a true multi-purpose facility.
That includes versatility in design, function and usage.
The information gathered from cuxrent and potential clients indicates that to be competitive the
facility must be able to accommodate simultaneous,multiple functions.
Meeting Rooms: 77.8%needs 1 room,22.2% needs 2-7 rooms, 36.4%needs up to100 people,
51.3% from 101-450 people, 12.5% over 450 people. For Break Out Rooms: 58.1%need 1-3
xooms,48.9%need 4-12 rooms, 29.3%up to 25 people, 53.4% from 26-75 people, 16.4%over 75
people. ,
In the proposed expansion the 5 main rooms would be designed to be divided into 14 sepatate
xooms with capacities ranging from 67 to 556 people utilizing classroom seating or up to 1,181 with
theater seating. .
Banquet Space survey needs: 10.5% fox 1-100 guests, 65.8% for 101-300 guests,21.0% for 301-700
guests. Exhibit Space: 33.3%need 588-3,924 s.£,33.3°lo need 4,900-9,800 s.£, 33.3%need 14,700-
29,500 > s.£, 84.2%xequire Banquet and Exhibit Space on the same day.
In the proposed expansion the Total Exhibition Space (with arena) grows from 39,913 s.f. to 55,375
s.f. providing a total of 16 separate axeas for exhibitoxs. The Banquet Space (without arena) would
gYOw to 5 -14 rooms with seating for 48 - 1,016 guests and squaxe footage increases to 800 - 12,000
square feet, depending on the room selected.
Dan Miller,JLG Architects,reviewed the potential facility options noting the pxoposed site map,
floor plans and artist renderings.
The meeting room ranking after expansion,in a competitive analysis,cites that the increased number
of ineetings rooms (and square footage)would improve the Swiftel Center's ranking to 9 from 18
out of 19 South Dakota facilities. In the Exhibition Space ranking after expansion,with the arena
and concourse included, the Swiftel Center would move up to 3 fxom 5 fot the amount of exhibition
space. Without the arena and concourse space, the Swiftel Center would move up to 11 from 18 for
the amount of exhibition space.
Dan Miller,VenuWoxks, said three things drove the process to bring this befoxe the City Council at
this time: 1)The City and County have been discussing future space needs and the location of the
county resource center,which is currendy located at the Swiftel Center, 2)The City Council
deciding to take the remaining liquor operating agxeement off the shelf and open up the application
process, and 3) The possibility of an attached hotel through a private developer who could offer a
full service restaurant.
Dean Gulbranson, Gulbranson Development,was introduced as the potential private developer in
this public/private ventute. Gulbranson said there are so many communities with this type of a
public/private partnership project. He said a major advantage to attract conventions to a
convention center is an attached hotel. Gulbranson cited that the highest pexcentage of survey
xespondents (85.7%) requested an attached hotel. He also noted that 86.8%of
convention/conference attendees either bring a spouse,guest or children. He pointed out the
potential economic impact from these visitors. He has had some e�erience with the convention
center business,in that he previously owned the former Holiday Inn. He sold the business due to
concerns about what the swiftel center would mean fox his business. He has since learned that the
Center is not a competitor but was bringing additional business to the hotels and the community.
The size of the conventions that the Centex wants to attract would need all the hotels involved.
One attached hotel couldn't handle the influx of additional people. When the City pursues and
books a big convention,it will be the dixect result of a combination effort among many entities
(hotels, chamber, Swiftel and local participation).
Gulbranson said there are also many organizations that require local paxticipation from within their
own to attract them. He cited the Arabian Show as a good example. If not for the efforts of local
xesident Dick Peterson supporting the event, they would not have come here. Hopefully that group
will be back again and there are many other organizations like that.
When he owned the Holiday Inn he was constandy bidding fox conventions and it was a group
effort. Accoxding to the study's survey, the Centex is only getting 12.5% of potential events and
77% are going somewhere else.
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Gulbranson said the type of facility he and his partners are proposing would be more upscale with
appxo�cimately 100 xooms,many of which would be suites because that's want conventions require.
He would be able to provide more specifics on the plan once the specific site is laid out along with
the public/private relationship. The facility would also need to be a"full service property,"which
means with a restaurant and bar. The plan would incorporate swimming and exercise facilities,but
they are not convinced that a full water park is necessary. A shuttle service would be needed and
could be promoted in the convention bidding process. The Ciry would have more convention
opportunities with the addition of the Swiftel Center Convention facility and hotel combined with
the Day's Inn,Staurolite Inn, and the newly built Shamrock.
The City needs to look at the additional business and sales tax this Centex could genexate. A
convention center could open up a new realm of larger conventions, trade shows,and meetings.
Vermillion hosts a large Farm Show every year and it hasn't come here because we didn't have
adequate facilities before. The need fox"bxeak-out"rooms is huge. In order to sell and book
conventions, the ability to offer break-out rooms is critical. There are many conventions that bring
in 300-500 people,which will filter to all the hotels. Gulbranson envisions a working relationship
with all hospitality properties. He noted the potential of additional sales tax revenue from an extra
1,000 people at$40/day/pexson, all of which include eating, shopping and fueling.
Gulbranson showed the Council artist renderings of a potential center/hotel,noting the intent to
make the new area blend with the existing Swiftel Centex. If a project is a"go," he will come back
with full blown plans on how the property will look. He noted that he does own another hotel in
town with extra land and was planning to tear it down and build another hotel on the site. He has
the full architectural drawing done fox that pxoject and had thought of starting tl�is spring. He has
already invested$150,000 on these plans and tieing up a franchise. However,he would be willing to
let this project sit because of the potential of what this project would do for the community and
other business owners in the city.
Reed asked if there were any other cities in South Dakota looking at a convention center now.
Richter said Mitchell is trying to get a new arena,but not a convention center. Those are very
different. Other projects include an events center in Aberdeen, a convention facility in Deadwood,
and a convention facility in Sioux Falls. �
Bartley noted that a long time ago there was a proposal for a hotel to be attached to the Swiftel
Center. He commended Gulbranson on his proposal and plans, saying it exceeded the City's
expectations. He cornmented that additional hotels axe planned in Brookings,and one should never
underestimate the value of a public/private partnership,but he also has many questions on how to
do it. It has not been done before and there would be many issues to resolve. Bardey thanked
, Richter and Gulbranson for their efforts and sees nothing but positives,but there would be details
to work out in a short time.
Further discussion of the expansion plans will be scheduled for a council work session in the near '
future.
5:00 P.M. WORK SESSION ��
Brookings Area Transportation Authority (BATA, Funding Rec�uest Brenda Schweitzer, �
BATA,was present to xeview transportation service levels and an additional funding request of �
$25,000. She said BATA has been absorbing the taxi service needs since January 15t. Their ridership
has doubled. Services hours have been extended to provide coverage from 7:30 a.m. to 10:00 p.m.
Late evening requests are being covered by othex providers. Weekend ridership has incxeased 57%,
not going past 10:00 p.m. Safe Ride is separate,but their numbers are up too. Employment rides
have also increased.
Reed asked the cost per ride. Before subsidy it is �6.02 and with the subsidy it comes in at$2.38. �'
She noted that statewide,they are already at the top of the rate schedule. ,
ACTION: A motion was made by Bardey, seconded by Thomson,to place this for action on the !
February 26`�agenda to fund BATA an additional$25,000. All present voted yes;motion carried. ,
Undate on 34`�Avenue Improvement Project, Over�ass and Interchange Proaect I��,
Weldon said the city has received a preliminary proposal from HDR Engineering of Sio�Falls to
conduct a study at the 34'�Avenue area. The proposed cost is $138,000 and staff is looking at a way
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to reduce the amount. He hasn't xeceived the detailed information yet. Weldon suggested the city
pursue opportunities fox a public/private partnexship to help fund the study.
Council action on the study was scheduled during the work session and will need to be removed
from the agenda. .
Council discussion on CountX Commission joint meeting toQics.
On January 29``' the City Council met in joint session with the Brookings County Commission and
discussed the following issues: Brookings County Rail Authority,Transportation District Bill (Rail
Corridor TIF Ptoject}, SB 183,Future Growth Needs for the Btookings Region (34`�Avenue
Improvement Project, Overpass and Interchange Plans), the Depaxtment of Transportation Land
Discussion and Strategy Update, Innovation Campus Infrastructuxe Improvements,County
Industrial Park, and Joint Space Collabvration: Creating Opportunities for Efficiency.
Reed noted that these are important issues and the City Council should have a continuous dialogue
with the County Commission.
Brunner comtnented that a big limitation to the research park is the lack of infrastructure and the
city needs to find ways to address for infrastructure investment for both residential and industrial
uses. He suggested the Council discuss this issue during its goal setting session.
Bartley commented on the joint space issue and that the City is asking the County to wait on its
plans to build. He questioned if the City could catch up fast enough to satisfy the County's needs.
They may need to move forward faster. He xecommended these issues be addtessed as quickly as
possible. He'd like to see joint collaboration on space needs and suggested forming a joint
comtnittee to create a foxmal request to allow the City to do that.
There was consensus from the Council to move forward on the joint space collaboration.
Weldon said the County Cormnission is hosting a public meeting on February 19�'to receive input
on the proposed building pxoject. The City alxeady has a space needs analysis which includes future
pxojections. He agreed that it is important to pursue a space collaboration if there ate any money
saving opportunities to be gained. He would like to facilitate whatever the City Council wants in
terms of a joint facility.
ACTION: A motion was made by Baxdey, seconded by Brunner, to ditect the City Manager to
exploxe the possibility of a joint space collaboration with the County on all avenues and to draft a
letter to the County Commission to that regard xequesting that they work diligently with the City in
this mattex. The City Managex was asked to proceed in the shortest time frame possible.All present
voted yes;motion carried.
Munsterman commented that the City would need to determine if the existing raal authority would
be willing to expand its scope and mission to promote a long-term strategy for safety and service.
Weldon was asked to follow-up.
Review of Liquor A�Ulications. The following businesses submitted applications by the
advertised February 8,2008 deadline and the City Council formally acknowledged receipt of the
applications. Packets were also provided to the media and are available for public inspection at the
City Clerk's Office.
1. BraVo's,Kip &Michelle Pharis,owners
2. Bailey's Shamrock,LLC, dba The Shamrock,Mike D. Bailey,Mike F. Bailey,Leane Bailey,
ownets
3. Gonz Productions, Inc., dba Shenanigans Pub, Garner Hansen, ownex
4. Star Hospitaliry, Inc,Dean Gulbranson,David Kneip, Greg Kneip,Tim Hogan,owners
Weldon said Council direction is needed to identify the review process and schedule. He
recomxnended the Council take time to evaluate the applications and then invite the applicants to a
work session for public presentations.
6:00�.m. Meeting Review. The City Manager responded to questions pertaining to the action
items on the agenda. Action on the HDR study was removed from the agenda.
City Clerk Reports. Shari Thornes,Brookings City Clerk,provided a briefing on future agenda
items and upcoming invitations and obligations.
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City Council member introduction of to�ics for future discussion
Munsterman said there was good discussion at the February 9`'' Housing Conference regarding the city's
needs and how to facilitate affordable housing. There was a consensus of that group that there is a need
for a public/private partnership. Al Heuton will pull together a plan to facilitate. .
6:00 P.M. CITY COUNCIL MEETING
Consent Agenda: Item No. 12 regarding the HDR study was removed from the agenda. A motion was
made by Reed, seconded by Whaley, to approve the consent agenda which included:
A. Agenda, as amended.
B. Action to appoint Sandra Moore to the Brookings Human Rights Committee,term
expiring 1/1/2011.
C. Action to appoint Andrew Natzel to the Brookings Transportation Board as the
SDSU Student Representative,term expiring 1/1/2009.
D. Action on Resolution No. 12-08 Fixing Time and Place for Hearing upon Assessment
Ro11 for Sidewalk Assessment Project 2007-01SWR.
Resolution No. 12-08
Resolution Fixing Time and Place for Hearing upon Assessment Roll for Sidewalk Assessment
Project No.2007-01SWR
(2007 Sidewalk Repair Sites)
BE IT RESOLVED by the City Council of the City of Bcookings,South Dakota,as follows:
1. The assessment roll for Sidewalk Assessment Pxoject No.2007-01SWR having been filed in the
ofCce of the City C1erk on the 4�day of February,2008,the Ciry Council shall meet in the Council
Chambers,City Hall,in said City on Tuesday,the 26�'day of February,2008,at 6:00 o'clock PM,the
said date being not less than twenty(20)days from the filing of said assessment roll for hearing
thereon.
2. The City Engineer is authorized and directed to prepare a notice describing,in general terms
Sidewalk Assessment Ptoject No.2007-01SWR,the date of 61ing the assessment zoll,the time and
place of hearing thereon,stating that the assessment roll will be open fox public inspection at the
office of the City Engineer and refexring to the assessment toll for further patticulaxs.
3. The City Clerk is authorized and directed to publish said notice in the official newspaper at least
one(1)week prior to the date set for hearing and to mail a copy thereof,by first class mail addiessed
to the owner or owners of any property to be assessed at his,her ox their last mailing addxess as
shown by the records of the Director of Equalization at least one(1)week prior to the date set for
said hearing.
E. Action on Resolution No. 13-08 Fixing Time and Place for Hearing upon Assessment �
Roll for Street Assessment Project 2007-07STA.
Resolution No. 13-08
Resolution Fixing Time and Place for Hearing upon Assessment Roll for Street Assessment Pxoject
No.2007-07STA '
(Alley from 8�Avenue to 9�'Avenue between 4�Street and 5�'Street) �
BE IT RESOLVED by the City Council of the City of Brookings,South Dakota,as follows:
1. T'he assessment roll for Street Assessment Project No.2007-07STA having been filed in the office
of the City Clerk on the 4w day of February,2008,the City Council shall meet in the Council '
Chambers,Ciry Hall,in said City on Tuesday,the 26'�day of February,2008,at 6:00 o'clock PM,the '
said date being not less than twenty(20)days from the filing of said assessment roll for hearing
thexeon.
2. The City Engineer is authorized and directed to prepare a notice describing,in general terms �
Sidewalk Assessment Project No.2007-07STA,the date of filing the assessment roll,the�time and '
place of hearing thereon,stating that the assessment roll will be open for public inspection at the '�
office of the City Engineer and referx�ng to the assessment roll for further particulars.
3. The City Clerk is authorized and directed to publish said notice in the official newspapet at least
one(1)week prior to the date set for hearing and to mail a copy thereof,by first class mail addressed
to the owner o�owners of any property to be assessed at his,her or their last mailing address as
shown by the records of the Dixector of Equalization at least one(1)week prior to the date set for
said hearing.
F. Action on Resoludon No. 14-08, a Resolution Authorizing the Mayor to Sign an 'I
Agreement for Federal Aviation Adrninistration Project No.AP0005-2008. . �'
Resolution No. 14-08 i
Resolurion Authorizing Mayor to Sign an Agreement for �
Federal Aviation Admuustration Project
Project No.AP0005-2008 .
WHEREt1S,the City of$rookings desires funding for the equipment and labor to repait the e�usting '
fueling system at the Brookings Municipal Airport;and
WHEREAS, 'The State of South Dakota Department of Transportation Office of Aeronautics has '
approved the use of allocated fuel tax funds for this project;and
WHEREAS, the Federal Aviarion Administrarion is hereby requested to authorize Project No. '
AP0005-2008 in accordance with the approved state financial assistance agreement.
NOW,THEREFORE,BE RESOLVED,that the Mayor is hereby authorized to sign all documents
xelated to an agreement for the Federal Aviation Administration Project No.AP0005-2008.
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G. Action on Resolution No. 17-08, ICMA-RD 457 Deferred Compensation Plan.
Resolution 17-08
Resolution for a Legislative Body Relating to a 457 Deferred Compensation Plan
Account Number 30-6363
Name of Employer: The City of Brookings State: South Dakota
Tifle of Progxam Cootdinator: Human Resources Director
(see definition below fox duries of Pxogxam Coordinator)
Resolution of the above named Employer("Employer")
WHEREAS,the Employer has employees xendering valuable services;and
WHEREAS,the establishment of a deferred compensation plan for such employees serves the interests of the
Employer by enabling it to provide reasonable retirement security for its employees,by providing incxeased
fle�ubility in its petsonnel management system,and by assisting in the attraction and retention of competent
personnel;and
WHEREAS,the Employer has deternuned that the establishment of a deferred compensation plan to be
administered by the ICMA Retirement Corporation serves the above objectives;and
WHEREAS,the Employer desires that its deferred compensation plan be administered by the ICMA
Retirement Corporation,and that some or all of the funds held under such plan be invested in the
VantageTrust Company,a trust established by public employers for the collective investment of funds held
under their xetirement and deferred compensation plans;
NOW,THEREFORE,BE IT RESOLVED that the Employer hereby adopts the deferxed compensation plan
(the"Plan")in the form o£(Select one)
• The ICMA Retirement Corporation Defexred Compensation Plan and Trust,refexxed to as Appendix A
• The plan pxovided by the Employer(executed copy attached hexeto).
BE IT FURTHER RESOLVED that the Employer hereby executes the Declaration of Trust of the
VantageTrust Company,attached heteto as Appendix B,intending this execution to be operative with respect
to any reti�ement ox deferred compensation plan subsequendy established by the Employer,if the assets of the
plan are to be invested in the VantageTrust Company.
BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust,with the Employer serving as
trustee,fox the exclusive benefit of the Plan participants and theu beneficiaries,and the assets shall not be
diverted to any other purpose.
BE I'T FURTHER RESOLVED that the Employex hereby agrees to serve as trustee undex the Plan.
BE IT FURTHER RESOLVED that the Huxnan Resources Director(use tide of official,not name)shall be
the cooxdinator for this program;shall receive necessary reports,notices,etc.from the ICMA Retirement
Corpoxation or the VantageTrust Company;shall cast,on behalf of the Employet,any required votes under the
VantageTrust Company;Administrative duties to carry out the plan may be assigned to the appropriate
department,and is authorized to execute all necessary agreements with ICMA Retirement Corporation
incidental to the administration of the Plan.
H. Action.on Resolution No. 18-08,Amending Retirement Plan to Permit Loans.
Resolution 18-08
Resolution fot a Legislative Body
Relating to Amending a Retirement Plan to Pexmit Loans
Section 401 Money Purchase Plan Section 457 Deferted Compensation Plan
Section 401 Profit-Sharing Plan ICMA-RC Plan#306363
ICMA-RC Plan#10
Name of Employer: The City of Bxookings State: South Dakota
Resolution of the above named Employer("Employer")
WHEREAS,the Employer has employees rendering valuable services;and
WHEREAS,the Employer has established a xetixement plan(the"Plan'� for such employees which
serves the interest of the Employec by enabling it to provide reasonable retirement security for its
employees,by pxoviding increased flexibiliry in its personnel management system,and by assisting in
the attxaction and xetention of competent personnel;and
WHEREAS,the Employex has determined that pernutting participants in the retirement plan to take
loans from the Plan will serve these objectives;
NOW,THEREFORE,BE IT RESOLVED that the Plan will pernvt loans.
On the motion, all present voted yes; motion carried.
Open Forum. Mike Bailey, owner of the Shamrock, requested an opportunity to comment on the
Swiftel Center expansion plan discussion from the work session. He was advised that the Council
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would have additional discussion of this issue at a future meeting and public comment would be
accepted at that time.
18t Reading—Ordinance No. 08-08—Campaign Finance First reading was held on Ordinance
No. 08-08, Campaign Finance Amendment. Public Hearing.• February 26, 2008 .
Public Hearing—Ordinance No.O1-08—Boardinghouses Public Hearing was held on
Ordinance No. 01-08,an Ordinance amending the Zoning Ordinance pertaining to a boardinghouse
use.
Public Hearzng: Shery Carver cited her ex�ierience.r living near boardinghou.ce.c and rental.r rvzth r�gard to traf/'ic,
partie.r, noi.re, tra.rh, maintenance, and lack of enforcement.
M.K. Hugghin.r objected to the propored ordinance and didn't agree rvith a bdanketprohibition again.ct '
boardinghouse.r. ,
Sam Nelron, Student Senate, commented that the i.crue.r rai,red were r�lated to code enforcement and not '
boardinghou.res. He objected to the ordinance, notxng the cur�nt.rtudent hou�zng.rhortage. '
Kim Winterfedd.rpoke in favor of the ordinance and felt it was an im1bortant firrt.rtep to ir�s�iroving rental hou.ring and �,
their neighborhood. ��
Jame.r Pedersen al.ro.rpoke in favor of the ordinance and agreed that thi.r i.r the firrt of.reveral step.r to impmve the !
neighborhood quality and the entir�city of Brooking.r, especzally the Univer.rity l�e�idential Hi.rtoric Di.rtrict 7vhere the
problem.c are mo.rt p�nnounced. He hope.r the enforcement i.r,rue i.r being addre.r.red. He believe.r that the gradual
ern.rion of a quality mixed neighborhood i.r.romething Brooking.r can't a�ord and believe.c.rome of tho.re hou.re.r may
have enough incentive to become family hou�ing.
Gary Winterfeld.rpoke in ru�iport of the ordinance. II
I�ich Howard spoke in.rup�iort of the ordinance. i,
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Public hearing clo,red.
A motion was made by Thomson, seconded by Whaley,to approve Ordinance No. 01-08. I�
Discussion: Bezdichek said he feels the City needs to apologize fox the code enforcement issues and
that there's no excuse for the past few years. He said the city is funding an additional code
enforcement staff person. He's happy to see a neighborhood watch program has been established
and urged citizens to voice their concerns. .
Brunner said the city needs massive housing changes to meet the needs in th.is community. I
Boardinghouses,by adding one additional person,will not make the difference that is needed. He
doesn't feel that boaxdinghouses is good governance and is not an efficient way to add more
housing. Thexe are many other options to add quality housing in the community.
Reed said it is important to understa.nd that the students were a big paxt of getting more code �
enforcement done. The students want this. The City will need to look at its housing storage and
develop a plan to address those needs. ,
On the morion;all present voted yes,motion carried. ��i
Public Hearing—Ordinance No. 05-08—Drive-In Public Hearing was held on Ordinance No. �,
05-08, an Ordinance amending the Zoning Ordinance pertaining to a drive-in food service in the �'
Business B-1 District.
Public Hearing: Dick Fergen, o�vner of Nfck'r, .►poke in.rupport of the ordinance. He purcha.red Nick'.r our earc I
l y
ago and ha.r done everything he can do to carry on the tradition of the bu.rine.r.r. He.raid he'd like to build Nick'r into
a better de.rtination in downto�vn and would like to impmve do�vntolvn. He believe.r the ordinance urill provide him an '
op�ortunity to present his plan to the Cily Council. The tradition has been there some time, but ha.r faltered.rome.
His future plan include.r a drive-up u�indosv and adding seating for eight more people. Thi.r avill help in bringingyoung
people dorvntown over tbe dunch hour. More peoj�le unll r�.rult in more bu�ine.cr, more revenue, and more property �
valare. Thi.r avill give hi.r bu.rine.r.r and other do�vntotvn bu.rine.r.re.r another way to compete. He urged the Council to
approve the ordinance, ivhich�vould give him the opportunity to pre.rent hi.r future plan.r.
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Sberry Carver urged the Council to take careful con.cideration of the.rafety factor.
Lotz Sullivan, oumer of the Safari, e.xj�re.r.red concern about the alley being blocked for ber morning deliverie.r by.remi.r
She also e.�re.rsed concern for pede,ctrian.c.
Harry Man.rheim a.cked hou�many parking.rpace.r ivould be eliminated 24 hourr a day.
Reed reminded the audience to limit their comments to tbe ordinance in general and not a s�iecific futstr�a�i�ilicant.
Public hearing closed.
Whaley asked if there was supposed to be a repoxt from the Traffic Safety Committee. Lanning said
if this ordinance is approved, future applications for a conditional use would be given to the
Committee for their recommendations.
There was clarification made that a YES VOTE would be approval of the ordinance and would
allow drive-thxoughs as a conditional use in the downtown. However, a 2/3 positive vote of the
Council would be needed (per SDCL 11-6-20).
Whaley noted the position statement from the Brookings Historic Preservation Commission voicing
its objection to this ordinance as an allowed use in the downtown.
Bardey cautioned the Council that if this ordinance were approved,it would be an allowed use in the
entixe B-1 district. The specific purpose of the B-1 was to make it pedestrian friendly. The alleys axe
designed for delivery traffic. It doesn't woxk to have a drive-in service through the downtown. He
encouraged the Council to defeat this ordinance.
Munsterman disagxeed saying he felt it was important to create tools to make businesses successful
and continue to grow.
Thomson said she would suppoYt the ordinance and hopes any plans would compliment the
integrity of the streetscape project.
Brunner said there may be places whete this will wotk and some places where it won't woxk.
Bezdichek agreed with Brunner, stating approval of this ordinance doesn't mean the Council will
support all applications in the B-1 District.
Reed agreed,but said there may be questions about safety and access in fairness to all businesses.
Appxoval of this oxdinance will give the Council review of each application.
Whaley noted the number of trees in the Nick's area and asked where the trees would be located and
how the plan would be adjusted related to the proposed congestion.
Bardey said a conditional use is just that. The City is almost obligated to issue a permit to an
applicant whom meets all requirements. He urged the City Council to consider what it is doing by
creating a conditional use and urged them to vote aga.inst it.
On the motion,Bezdichek,Brunner,Munstertnan,Reed and Thomson voted yes and Bartley and
Whaley voted no;motion carried.
Resolution No. 11-08—Assessment. Public Hearing and action was held on Resolution No. 11-
08,Proposed Resolution of Necessity for Street Assessment Project,2008-03STI Downtown
Streetscape Project. Public Hearing—no comments wexe made. A motion was made by Bartley,
seconded by Brunner, to approve Resolution No. 11-08. A motion to amend was made by
MunsteYman, seconded by Reed, that the interest to be charged on the unpaid balance shall be 0%.
The City will waive the usual 10%interest on the unpaid balance of the water and sewer services to
the businesses on the noxmal 10 year repayment schedule. On the amendment, all present voted
yes;motion carried. A motion to amend was made by Whaley, seconded by'Thomson,to clarify
that the Brookings Municipal Utilities would financially participate in the project and requested
BMU be inserted in the following section: "...the city&BMU will assume and pay for streetscape
enhancements for water, sewer and storm sewer." All present voted yes on the amendment,motion
carried. On the original motion as amended, all present voted yes;motion caxried.
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Resolution No. 11-08
Resolution of Necessity for Street Assessment Project
2008-03S'TI Downtown Streetscape Project
BE IT RESOLVED by the City Council of the City of Brookings,South Dakota,as follows:
The City Council of the City of Brookings hereby declaxes the necessity of construction of the utility
infrastructure for streets of the City as follows:
Water service lines and sanitary sewet service lines for the collectox sueet listed below:
A. Main Avenue from Ftont Street to G�'Street(appiox. 1500 feet). �
1. The general nature of the impiovement is above set foxth and reference for details
is hereby made to the drawings and specifications prepazed by the City Engineer
and on file with the City Clexk.
2. 'I'he following materials shall be used for the utility service lines:
Sanitary Sewer Service Line: 6"PVC&miscellaneous
fittings
Watei Service Line: 4"PVC&miscellaneous i
fittings '
3. The improvement is substantially uniform. The sanitary sewer service lines and �
water service lines will be assessed per each to the corresponding property ownex.
The following is an estimated cost of the utility service lines: �'
Sanitary Sewer Service Line: $2300 pex each I
Watex Service Line: �4500 per each I
The City and Brookings Municipal Utilities will assume and pay,from City funds, '�
for the streetscape enhancements,water main,sanitary sewer main,storm sewer '
and street demolirion and construction,which will include an 10"PVC water main, '
8",10"and 18"PVC sanitary sewer main,gravel base coutse,curb and gutter,and '
asphalt or concrete pavement to the approximate width of 71 feet back to back of �
the cucb. �
4. A descriprion oE classes of lots to be assessed is as follows: The assessable lots and !'
tracts of land lying within one-half block or thxee hundred feet of the streets
hereinabove described,whichever is less. . ,
5. The method of apportionment of beneflts 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
construcrion 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 0%. The City will waive the usua110%interest on the unpaid
balance of the watex and sewet services to the businesses on the norxnal 10 year
repayment schedule.
6. The above-described improvement shall be hereinafrer seferred to as 2008-03STI
Downtown Streetscape Pxoject,which shall be deemed a descriprion of the '
unprovement of the streets as heieinabove set forth. •
Resolution No. 15-08—Violation Fines. A morion was made by Whaley, seconded by Thomson, II
to approve Resolution No. 15-08, a Resolution setting forth a schedule of proposed fines for
violations of the Ordinances of the City of Bxookings, South Dakota. All present voted yes;morion
carried. ,
Resolution No. 15-08 I��
A Resolution setting forth a Schedule of Proposed Fines
for Violations of the Ordinances of the City of Brookings, South Dakota. I�
BE IT RESOLVED by the Governing Body of the Ciry of Brookings,South Dakota,that �
the following Schedule of Proposed Fines shall be effective as prescribed by law for all violations of
Ordinances set foxth herein.
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SCHEDULE OF PROPOSED FINES WITH COURT COSTS
Total Misc.
Section Offense Fine Costs Offenses
6-3 Open Container (alcoholic beverage) 49.00 51.00 100.00
(Beer,wine, liquor in vehicle or on street)
6-142 Attempt to purchase 49.00 51.00 100.00
6-143 Misrepresentation of Age 49.00 51.00 100.00
6-73 Possession of Keg Restricted 49.00 51.00 100.00
� 70-35 Littering 49.00 51.00 100.00
58-33 Resisting an Officex 49.00 51.00 100.00
58-36 Fleeing from a Police Officer 49.00 51.00 100.00
58-161 Public Urination 49.00 51.00 100.00
(formerly Disordexly Conduct)
58-162 Disturbing the Peace-House Parties
First Offense 49.00 51.00 100.00
Second Of£ense (within 1-year period) 99.00 51.00 150.00
Third Offense (within 1-yeax period) 200.00 51.00 251.00
Paxking Offenses
82-428 Places where Prohibited 24.00 51.00 75.00
82-463 Illegal Parking (2 hour downtown or Medary 24.00 51.00 75.00
Ave.)
82-465 Parking Prohibited during Snow Removal 24.00 51.00 75.00
94-431(2) Front Yaxd Parking Prohibited 24.00 51.00 75.00
Traffic/Driving Offenses
82-127 Failure to Comply with Waxning Ticket 49.00 51.00 100.00
82-167 Traffic Signals 49.00 51.00 100.00
82-203 Dury to Provide Information 49.00 51.00 100.00
82-206 Unattended Vehicle 49.00 51.00 100.00
82-207 Property Damage 49.00 51.00 100.00
82-208 Immediate Notice 49.00 51.00 100.00
82-241 . Driver's License Violation 49.00 51.00 100.00
82-242 Age of Driver 49.00 51.00 100.00
82-243 License Plate Violation 49.00 51.00 100.00
82-244 Ma�tnum Passengers 39.00 51.00 90.00
82-246 Driving on Sidewalk 39.00 51.00 90.00
82-247 Exhibition Driving 49.00 51.00 100.00 �
82-248 Following Too Closely 39.00 51.00 90.00
82-249 Following Fire Apparatus 39.00 51.00 90.00
82-251 Unsafe Backing 39.00 51.00 90.00
82-252 Driving Over Fire Hose 39.00 51.00 90.00
82-271 Driving on Left Side of Street 39.00 51.00 90.00
82-276 Driving on Divided Highway 39.00 51.00 90.00
82-277 Overtaking Vehicles/Passing to Left 39.00 51.00 90.00
Required;Cutting in Front
82-279 Passing in No Passing Zone 39.00 51.00 90.00
82-280 Dury of Drivex of Overta.ken Vehicle; 39.00 51.00 90.00
Increasing Speed
82-305 Speed L'unit Designated
• Exceeding Limits 29.00 51.00 80.00
• 1-5 mph Over Speed Limit 29.00 51.00 80.00
• � 6-10 mph Over Speed Limit 39.00 51.00 90.00
� • 11-15 mph Over Speed L'unit 49•00 51.00 100.00
69.00 51.00 120.00
• 16-20 mph Over Speed Limit 104.00 51.00 155.00
• 21-25 mph Ovex Speed Limit 139.00 51.00 190.00
• Ovex 25 (Couxt Appearance)
82-309 Reckless Dxiving 69.00 51.00 120.00
82-310 Careless Driving 49.00 51.00 100.00
82-232 Right Turn 39.00 51.00 90.00
82-333 Left Turn 39.00 51.00 90.00
82-334 U-Turn Restricted 39.00 51.00 90.00
82-337 Cutting Corner 39.00 51.00 90.00
82-362 Yielding Right-of-Way to Emergency 39.00 51.00 90.00
Vehicles;Duty of Drivex of Emergency
Vehicle not to Exercise Right-of-Way
Arbitrarily
82-365 Vehicle Entering Stop Intersection 39.00 51.00 90.00
82-366 Stop Required Before Entering from Alley, 39.00 51.00 90.00
Building or Private Road;Place of Stopping
82-367 Obedience to Stop and Yield 39.00 51.00 90.00
82-369 Stop at Railroad Crossing Signal 39.00 51.00 90.00
82-392 Obedience (One Way Streets &Alleys) 39.00 51.00 90.00
82-424 Manner of Use of Diagonal Parking Spaces 24.00 51.00 75.00 �
82-561 Lights on Vehicle 29.00 51.00 80.00
82-563 Obstruction of Vision 29.00 51.00 80.00
82-565 E�iaust System 29.00 51.00 80.00 �
82-603 Pedestrian Right-of-Way 39.00 51.00 90.00 '
82-605 Jay Walking 39.00 51.00 90.00
82-682 Operarion of Snowmobiles on Public Parks, 39.00 51.00 90.00 '
Streets,Roads,Alleys,Sidewalks,Boulevaxds
&Rights-of-Ways ,
82-684 Operarion of Snowmobiles on Public 39.00 51.00 90.00 !
Properry i
82-721 Clinging to Moving Vehicles 39.00 51.00 90.00 '
82-751 Bicycle Offense 24.00 51.00 75.00 �
82-842 Driving Through Processions 39.00 51.00 90.00
Housing and Zoning Offenses
22-374 Agent Required 39.00 51.00 90.00 �'
22-401 Licensing of Leased Dwelling Units 29.00 51.00 80.00 '�
22-402 Filing of Application Forms 29.00 51.00 80.00 ,
22-405 Payment of License Fees 29.00 51.00 80.00 ;
22-432 Failure to Comply with Smoke Detector � '
Requirement ,
• First Offense 154.00 51.00 100.00 ''
(Suspended on li
condition of no I
similaz violations i
for 1 yeaz.)
• Second Offense 154.00 51.00 205.00
• Third Offense 200.00 51.00 251.00 �
22-433 Failure to Comply with Exit Requirement i
• First Offense 154.00 51.00 100.00 Ii
(Suspended on ,
condition of no
similaz violations I
for 1 year.) �
� Second Offense 154.00 51.00 205.00 ,
• Third Offense 200.00 51.00 251.00 �i
22-434 Failure to Comply with Parking Requirement
• First Offense 154.00 51.00 100.00 �
(Susprnded on '
condition oE no
sunilaz violations i
for 1 yeaz.) i
• Second Offense 154.00 51.00 205.00 ,
• Third Offense 200.00 51.00 251.00 ',�
Zorun� ',
94-123(c) First Offense: '
94-124(c) 200.00 51.00 150.00 '
(Suspended on �
condition of no I
similaz violations
for 1 year.) �
94-125(c) Permitted Uses (Unlawful Use) i
94-12G(c) ;�
94-127(c) !,
94-128(c) Second Offense: �I
94-129(c) 200.00 51.00 251.00 'i
94-130(c)
All Other Zoning Otdinances Violations ;
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Resolution No. 16-08 —Red Rink.
Weldon said on January 8, 2008, the City Council discussed the policy regarding animals being
allowed in the red rink at the Laxson Ice Center;and directed staff to develop policy options for
various scenarios. Since then, the Park and Recreation Boaxd provided the Council with a
recommendation to prohibit animals in the Yed rink and have exercised their option for an expanded
summer season for ice that begins in.July. This still leaves April through June as possible months
for this issue to be considered. To that end, City Attorney Steve Britzman drafted the four
resolutions as options for resolving this issue:
A) Resolution A is an outright pxohibition of animals in the xed rink which basically adopts the
� recommendation fYOm the Park&Rec Board.
B) Resolution B prohibits animals in the red rink except for permission from the City Council.
C) Resolution C pxohibits animals in the red rink except for permission from the City Manager.
D) Resolution D maintains the current policy.
The practical effect of Resolution B and D are identical, except D is worded with slighdy more
pexmissive language. Each of these can be furthex detailed to consider types of animals. For
example, the case-by-case determination could include distinctions between small and large anitnals,
livestock,birds, etc.
Weldon recommended the Council enact Resolution C since he believes this to be an admuiistrative
action instead of a poliry action and it is consistent with use determinations of other public
buildings. He said he didn't believe it is in the best interest of the Council to be overseeing facility
use, operations,management, and scheduling of public buildings. If Resolution C were adopted, his
approach would be to meet with representatives of both sides in an effort to reach a win-win
situation for everyone. If that does not occur,he would make a decision based on his determination
of the best interest of the facility.
Munsterman noted that the City Manager had presented four different options fox Council
consideration.
ACTION: A motion was made by Reed, seconded by Brunner, to approve Resolution A. A
substitute motion was made by Battley, seconded by Thomson, to approve Resolution C.
Discussion: Bardey spoke in favor of proposal C in that it places the decision making with the city
manager and removes the political element. Thomson agreed and felt all parties'needs would be
satisfied with that option. She'd like to see animal events prohibited, but this leaves the option for a
special circumstances request to be determined by the city manager.
Brian VanLiere,Member of the BISA, spoke against Resolution C and urged support of Resolution
A. He has been involved with BISA for 15 years and wants this issue put to a rest. Adoption of
Resolution C would xesult in the issue continuing. He expxessed concern placing the decision
making with the city managex, citing the city of Brookings has had several managers in the last nine
years. The facility cost$5.3 million to build with city money and donated funds and labor. BISA is
non-ptofit volunteer organization with thousands of volunteer houts invested in the program to
provide recreation opportunities for our youth. Any funds raised are put back into the progxam and
into impxovements_to this facility. People that have donated time and money have strong feelings
and don't feel animals in the facility is a pxopex use due to issues with air quality, dust, and smell.
They understand the one time exception for the Arabian Horse show. If there is a significant
economic impact from animal events, then the city needs to fmd a more long-term solution. BISA
hopes to continue to grow with camps, skating tournaments and eventually year-round ice.
Mike McClemans distributed a number of documents to the Council and voiced his objection to
Resolution C. He used the documents to illustrate his point that thete was always the intent that the
� 'facility be animal free.
Bardey clarified that the documents were drafts and were not signed or adopted. He noted that this
often happens in a big project where there axe many discussions and drafts and the fmal project
doesn't always end up the way it was envisioned. He reiterated that these were draft documents and
not officials.
On the substitute motion, Bardey and Thomson voted yes,Bezdichek,Brunnex,Munsterman,Reed
and Whaley voted no;motion failed.
Discussion on the original motion (Resolution A):
Bardey urged the Council to reconsider. All oxdinances are subject to revision and can be changed
at a later date.
Reed said he would support Resolution A and has never changed his stance on this issue. He
realized growing up in Brookings that people volunteer and invest their money in ordex to do things
just one step better than other communities. He cited otheY examples of where the residents and
city have gone above and beyond.
Brunner agreed with Reed,noting that he wasn't here when this was discussed and has relied on �
community feedback to make his decision. The original intention of the facility was for skating and
that's what the funds were raised for and he wants to honor that.
Thomson said she wishes BISA the best of luck in their year xound skating efforts and appreciated '
them providing a potential solution (suggested buildin�. She's not saying that she's in suppoxt of
animals in the facility, her position is that this issue should be administrative.
Harry Mansheim said he has been involved with hockey for 40 years and the founders of the BISA
program had no intention that the building be used for anything other than skating. �
Mike McClemans distributed additional handouts and quesrioned what the Council's original policy ;'
was regarding the facility and its use. He cited discrepancies in various policy documents and voiced �
concerns regarding city staf£ He reiterated that the policy would be no animals and that was .
understood in August 2000 when the second penny funding was involved.
On the original morion (Resolurion A);Bezdichek,Brunner,Munsterman,Whaley,and Reed voted '
yes and Bardey and Thomson voted no;motion carried.
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Resolution No. 16-08 I�
Resolution Establishing the Poliry of the City of Brookings �
Concerning Use of the Red(comperirion)Rink of the Larson Ice Center for Animal Events.
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BE IT RESOLVED by the City Council of the Ciry of Brookings,South Dakota as follows: ,
WHEREAS,the City Council recognizes it is again necessary at this time to establish a specific policy I
concerning use of the red(comperirion)rink of the Larson Ice Center for animal events,and
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WHEREAS,the Paxk and Recreation Board as a recommended acrion to the City Council appxoved a �
morion which provided: T'he Park and Rectearion Board prefers that animal events not be scheduled '
in the Larson Ice Center Red rink and reaffirms that priority use of the Red rink continues to be for ,
ice skating pro�ams on a year-round basis,and
WHEREAS,the City Council believes that prohibiting animal events within the red rink constitutes '
the best policy to preserve and enhance the quality of the red xink's infrastructure,and will also be
consistent with the City's priority for use of the red rink as an ice skating facility,
NOW THEREFORE,IT IS HEREBY RESOLVED by the City Council of the Ciry of Brookings, I
South Dakota,as follows: That effective immediately,the red(comperirion)rink of the Larson Ice
Center shall not be used for animal events,and in accordance with this golicy,anirnals shall not be
kept,penned or pernutted upon or within the xed(competition)rink of the Larson Ice Center.
Ad�ourn. A morion was made by Brunner, seconded by Reed, to adjourn. All present voted yes; '
motion carried. Meeting adjourned at 7:40 p.m.
Ci Brookings �'
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oF e ott . Munsterman,Mayor �
�`�`�`•" ST: I
�•'�NCORA�'.
lL: '�T� I
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2�,J'CO �O I
ornes,City Clerk
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