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Brookings City Council Tuesday_ July 26_ 2011.pdf by handongqp

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									                                 Brookings City Council
                                 Tuesday, July 26, 2011
                                    City Hall Council Chambers
                                          311 Third Avenue
   The City of Brookings is committed to providing a high quality of life for its citizens and fostering a
diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible
                                        municipal management.

5:00 p.m.          WORK SESSION
Work sessions are open to the public. During the work session the city staff would brief the council on items for that
particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
1.       Gateway Project Update.
2        Brookings Health Systems Financial Report.
3.       City Council Member Ex-Officio Reports.
4.       Joint Powers Board members’ Report.
5.       City Council member introduction of topics for future discussion.
6.       Council Invites & Obligations
*Any Council member may request discussion of any issue at a future meeting only. Items cannot be added for action at
this meeting. A motion and second is required starting the issue, requested outcome, and time. A majority vote is required.

6:00 p.m.        REGULAR MEETING
1.     Call to order.
2.     Pledge of Allegiance.
3.     Record of Council Attendance.
4.     Action to approve the following Consent Agenda Items:*
       A.      Action to approve the agenda.
       B.      Action to approve City Council minutes.
       C.      Action to approve a preliminary plat of a portion of the Christie Springs Addition
               in the NE¼ of the NW¼ of Section 2-T109N-R50W.
       D.      Action to appoint volunteers to the City Sustainability Council.
       E.      Action on Resolution No. 84-11, Concurring in the Placement of Stop Signs at
               Yorktown Drive and Westminster Drive at their Intersections with Christine
               Avenue.
                       Motion to Approve, Request Public Comment, Roll Call
*Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at
one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given
item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the
Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms
and conditions described in the agenda supporting documentation.
                                                                                       City of Brookings
                                                                                            July 26, 2011

Open Forum/Presentations/Reports
5.   Open Forum.
6.   SDSU Student Senate Report.

Contract Awards / Change Orders
7.   Action on Resolution No. 85-11, a Resolution Rejecting Bids for 2011-05SSI Pheasant
     Nest Detention Pond Project.
               Action: Motion to Approve, Request Public Comment, Roll Call

First Readings
8.      Ordinance No. 13-11: An ordinance rezoning the west 1,115 feet of the east 1,338 feet
        of the north 1,409 feet, excluding Lot C, Christie Addition and Outlots A, 1A, B, and 1B
        thereof; and the west 1,085 feet of the east 1,342 feet of the south 193 feet of the north
        1,608 feet all in the NW¼ of Section 2-T109N-R50W from an A Agricultural District to
        a Residence R-3 District (20th Street South and Main Avenue South area).
                Public Hearing: August 9th
** No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the
date for the public hearing is announced.

Second Readings / Public Hearings
9.   Public hearing and action on a request to transfer an On-Off Sale Malt Beverage Alcohol
     License for Carpy’s Pub, Roger and Verla Carpenter, owners, from 720 22nd Avenue
     South to 714 22nd Avenue South, Brookings, South Dakota, (Legal Description: The east
     77 ½’ of the west 145’ and the north 32’ 9” of the south 655’ of Lot 2, Brookings Mall
     Addition).
               Action: Open & Close Public Hearing, Motion to Approve, Roll Call

10.    Public Hearing and action on a temporary on-sale malt and on-sale wine application for
       Downtown Brookings Inc. for the Taste of Brookings event on August 13th.
               Action: Open & Close Public Hearing, Motion to Approve, Roll Call

Other Business
11.  Action to award liquor operating agreements:
     A.     Action on Resolution No. 86-11, authorizing the City Manager to enter into an
            operating agreement.
                        Action: Motion to Approve, Request Public Comment, Roll Call
       B.      Action on Resolution No. 87-11, authorizing the City Manager to enter into an
               operating agreement.
                        Action: Motion to Approve, Request Public Comment, Roll Call

12.    Discussion and possible action on Street Width Request for “The Landing” in Prairie
       Hills Addition.
               Action: Motion to Approve, Request Public Comment, Roll Call

13.    Action on Resolution No. 88-11, a Resolution Declaring Jurisdictional Change of County
       Road 77 (South Main Avenue) from 20th Street South to 32nd Street South.
               Action: Motion to Approve, Request Public Comment, Roll Call
                                                                                                 City of Brookings
                                                                                                      July 26, 2011


14.      Action on Resolution No. 89-11, a Resolution Declaring Jurisdictional Change of County
         Road 16 (20th Street South) from Main Avenue West to Rio Grand Avenue.
                  Action: Motion to Approve, Request Public Comment, Roll Call

15.      Review of Parade Safety Issues.
                  Action: Informational

16.      Adjourn.
                                           Brookings City Council
                                                 Tim Reed, Mayor
                                  Jael Thorpe, Deputy Mayor & Council Member
              Council Members Tom Bezdichek, John Kubal, Mike McClemans, Keith Corbett, Ope Niemeyer

                                                      Council Staff:
                                           Jeffrey W. Weldon, City Manager
                                            Steven Britzman, City Attorney
                                                Shari Thornes, City Clerk

  View the City Council Meeting Live on the City Government Access Channel 9.
                             Rebroadcast Schedule:
    Wednesday 1:00pm / Thursday 7:00pm / Friday 9:00pm / Saturday 1:00pm
     The complete City Council agenda packet is available on the city website:
                            www.cityofbrookings.org

If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with
Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-6281 at least 3 working days prior to the
meeting.
                                                                                     City of Brookings
                                                                                          July 26, 2011


5:00 P.M.           WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.

1.      Gateway Project Update.

        The Gateway Project was first presented as a concept to the City Council during
        the April 5, 2011 City Council meeting. Staff has continued to work with
        Confluence on developing the concept. Confluence has been working on final
        sign designs and survey elevations for the interstate monument signs. City staff
        met with officials from DOT and reviewed a preliminary layout for the 6th Street
        and 22nd Avenue intersection in regards to the 6th Street reconstruction project
        planned for 2014. The preliminary design anticipates significant geometric
        changes to this intersection. Staff will continue working with DOT officials during
        the design phase to incorporate the gateway improvements.

        Enclosed are detailed drawings of the various sign types along with a color
        rendering of each type. As was previously discussed, the gateway signage theme
        has been expanded throughout the community in terms of park signage and
        wayfinding signage. The Park and Recreation Board reviewed the parks systems
        signage at their July 18th meeting and provided positive feedback on the signage
        theme.

        Also enclosed is a budget estimate for the project, spread over a 5-year period.
        The total project cost is estimated at $1,869,375. The budget estimate identifies
        the schedule of improvement by year. From a financial perspective, a significant
        portion of the overall project is planned to occur in the first two years. Year
        three has minimal improvements and year four will focus on coordinated
        improvements with the 2014 6th Street reconstruction. The final year consists of
        installing landscaping and vegetation upon completion of the street
        reconstruction.

        Confluence continues to work on the construction documents and is planning an
        August bid letting for the monument signs and landscaping improvements along
        6th Street between 20th Avenue and 22nd Avenue. It is anticipated grade
        elevations, footings, and some signs will be installed in 2011 with the remainder
        of the first bid package complete by mid-summer 2012.




                                                                                                      1
                                                                      Distance Legibility Chart



Determining the size of any sign begins with selection of a font and determining the size of copy needed.
The chart below will give you a good idea of the minimum copy size for signs.


                                             Legible Viewing                                       Legible Viewing
Letter Height                                       Distance          Letter Height                       Distance
 5/16"                                                      7’        9"                                          300’
                                                                                               (Football field length)
 1/2"                                                       12’       12"                                       395’

 3/4"                                                       18’       14"                                       440’

 1"                                                         25’       18"                                       560’

 1-1/2"                                                     36’       24"                                       750’

 2"                                                         49’       36"                                        1130’
                                                                                                        (1/5 of a mile)
 3"                                                         74’       48"                                       1500’

 4"                                                         113’      72"                                       2230’

 6"                                                         150’      96"                                        3000’
                                                                                                        (3/5 of a mile)




Source: Wayfinding, People, Signs & Architecture, Paul Arthur, 1992                                                  4/05
Description                                                  2011      2012      2013      2014      2015
Horticulture Supplies
 - Remove Trees                                              $12,500
 - New Deciduous                                             $14,000                                 $63,000
 - New Evergreen                                             $10,000
 - Landscape Allowance                                       $15,000                               $67,500
                                                 Subtotal    $51,500        $0       $0        $0 $130,500

Street Lights
 - Traffic Signal (20th, 22nd, 25th)                              $0 $50,000         $0 $100,000         $0
 - Double Arm Light Pole                                          $0       $0        $0 $55,000          $0
 - Single Arm Light Pole                                          $0 $55,000         $0 $30,000          $0
 - Pedestrian Light Pole                                     $45,500       $0        $0       $0         $0
                                                 Subtotal    $45,500 $105,000        $0 $185,000         $0

Street/Sidewalk Improvements                                 $48,050        $0       $0        $0        $0
                                                 Subtotal    $48,050        $0       $0        $0        $0

Other Capital
 - Interstate Signage (Edgebrook, Innovation, Gateway
Property)                                                   $240,000        $0       $0        $0        $0
 - Major City Signage (Medary Avenue, 22nd/14 Bypass)          $140,000       $0      $0       $0        $0
 - Minor City Signage (Larson, Soccer, Swiftel, Southbrook
Softball, Southbrook Nature)                                    $45,000 $30,000       $0       $0        $0
 - Landmark (Library, Moriarty, Southside, Arrowhead,
Camelot, Hillcrest, Children's Museum)                          $32,500 $32,500       $0        $0        $0
 - Vertical Monument (Pioneer)                                       $0       $0 $55,000        $0        $0
 - Sculpture (Gateway Property)                                      $0 $65,000       $0        $0        $0
 - Wayfinding                                                        $0 $30,000       $0        $0        $0
 - Lightpole Advertisement Banner                                $8,250       $0      $0        $0   $12,000
 - Concrete Planter Curb                                             $0       $0      $0   $40,500        $0
 - Concrete Curb Apron                                               $0       $0      $0   $12,750        $0
 - Colored Concrete (22nd Crosswalks)                                $0               $0   $12,750        $0
 - Pavement Removals                                                 $0       $0      $0    $3,375        $0
 - Storm Sewer Extension                                             $0       $0      $0    $9,425        $0
                                                      Subtotal $465,750 $157,500 $55,000   $78,800   $12,000

Miscellaneous
 - Temporary Requirements                                    $15,000                        $8,000
 - Misc. Electrical Infrastructure                           $15,000                        $8,500
 - Site Furnishings                                                   $10,000
                                                 Subtotal    $30,000 $10,000       $0 $16,500        $0
                                                            $640,800 $272,500 $55,000 $280,300 $142,500
Contractor - O/P, Gen. Conditions, Tax (15%)                 $96,120 $40,875 $8,250 $42,045 $21,375
Contingency                                                  $64,080 $27,250 $5,500 $28,030 $14,250
Consulting                                                   $70,500 $20,000 $20,000 $10,000 $10,000
TOTAL                                                       $871,500 $360,625 $88,750 $360,375 $188,125
                                                                                     City of Brookings
                                                                                          July 26, 2011


5:00 P.M.         WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.

2.      Brookings Health Systems Financial Report.

        Representatives of Brookings Health Systems will provide the City Council
        and public with a financial report and update on current and pending issues.




                                                                                                     14
Brookings Health System

   Brookings City Council Meeting
           July 26, 2011




            BROOKINGS HEALTH SYSTEM
Period Ending Date                               6/30/2011      6/30/2010     6/30/2009     6/30/2008
Number of Months in Period                                6            6             6             6

             Balance Sheet
                      Assets
Current Assets                                 $15,708,179    $21,972,061   $17,382,018   $18,986,420
Fixed Assets                                   $18,822,845    $17,148,936   $15,360,554   $15,424,596
Other Assets, Primarily Investments             $9,842,585     $3,983,300    $9,912,910    $6,496,875
Total Assets                                   $44,373,609    $43,104,297   $42,655,482   $40,907,891
     Liabilities and Fund Balances
Current Liabilities                             $2,611,784     $2,615,860    $2,671,911    $2,716,274
Long-Term Liabilities, Primarily Minority
Interest                                        $1,121,822       $908,303     $686,865      $686,865
Total Liabilities                               $3,733,606     $3,524,163    $3,358,776    $3,403,139
Total Fund Balances                            $40,640,003    $39,580,134   $39,296,706   $37,504,752
Total Liabilities & Fund Balances              $44,373,609    $43,104,297   $42,655,482   $40,907,891




                                            BROOKINGS HEALTH SYSTEM
Period Ending Date                         6/30/2011      6/30/2010       6/30/2009      6/30/2008
Number of Months in Period                         6                6             6              6


             Financials
Inpatient Revenue                       $11,102,120      $9,090,462     $10,001,123     $8,961,040
Outpatient Revenue                      $17,522,690     $16,647,221     $15,097,079    $14,321,284
Total Patient Revenue                   $28,624,810     $25,737,683     $25,098,202    $23,282,324
Contractual Allowances (Discounts)      -$11,357,890   -$10,108,678      -$8,915,712    -$8,652,202
Net Patient Revenues                    $17,266,920     $15,629,005     $16,182,490    $14,630,122
Total Operating Expense                 -$16,209,976   -$15,534,565     -$15,307,521   -$14,142,721
Operating Income                         $1,056,944         $94,440        $874,969       $487,401
Other Income
(Brookhaven Estates, Cafeteria, etc.)      $314,684        $277,673        $260,282       $265,266
Income from Investments and Other          $185,032        $203,177        $130,107       $286,071
Total Non-Patient Revenue                  $499,716        $480,850        $390,389       $551,337
Distribution to Joint Partners            -$251,786       -$183,702       -$187,944      -$205,472
Net Income                               $1,304,874        $391,588      $1,077,414       $833,266



                                          BROOKINGS HEALTH SYSTEM
                                                              January - June Corporate Profit


                                    $1,400,000




                                    $1,200,000




                                    $1,000,000
First Six Months Corporate Profit




                                     $800,000




                                     $600,000




                                     $400,000




                                     $200,000




                                           $0
                                                   2011           2010                     2009        2008
                                                 $1,304,874      $391,588                $1,077,414   $833,266




                                                               BROOKINGS HEALTH SYSTEM
                                                                                     City of Brookings
                                                                                          July 26, 2011
5:00 P.M.         WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.

3.      City Council Member Ex-Officio Reports.

        Pursuant to council direction, “City Council Member Ex-Officio Reports”
        will be a standing agenda item at all Council Work Sessions. The Council
        Members that serve as Ex-Officio members on the Brookings Health
        System Board of Trustees and Utility Board will provide verbal reports
        regarding recent meetings they have attended.

        Brookings Municipal Utility Board:
        1.   Council Member Niemeyer
        2.   Council Member Corbett

        Brookings Health Systems Board:
        1.   Council Member Kubal
        2.   Council Member McClemans




                                                                                                     19
                                                                                     City of Brookings
                                                                                          July 26, 2011
5:00 P.M.           WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.

4.      Joint Powers Board Council Members’ Report.

        Pursuant to council direction, “Joint Powers Board City Member Updates”
        will be a standing agenda item at all Council Work Sessions. The Council
        Members serving on the Joint Powers Board will provide verbal updates
        regarding recent meetings they have attended.

                Mayor Tim Reed & Council Member Kubal




                                                                                                     20
                                                                                     City of Brookings
                                                                                          July 26, 2011
5:00 P.M.           WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.

5.      City Council member introduction of topics for future
        discussion.

        Any Council member may request discussion of any issue at a future
        meeting only. Items cannot be added for action at this meeting. A motion
        and second is required stating the issue, requested outcome, and time
        frame. A majority vote is required.




                                                                                                     21
                                                                                      City of Brookings
                                                                                           July 26, 2011
5:00 P.M.             WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.

6.          Council Invites & Obligations.

     Date           Day         Event &                Time                 Location / Town /
                                Brief Description                           Address / Directions
                                1st District Annual                         Codington County Memorial
     August 4       Thursday                           6:00 p.m.
                                Picnic                                      Park - Lake Kampeska
                                Senior Companions
     August 5       Friday                             10:30 a.m.           The Drake - Watertown
                                Lunch Recognition
     August 9       Tuesday     Council Meeting        5:00 p.m.            Council Chambers
                                Campus / Community
     August 18      Thursday                           5:00 P.M.            TBD
                                Forum
     August 23      Tuesday     Council Meeting        5:00 p.m.            Council Chambers
                                Allyn Frerichs
     August 31      Wed                                5:00 p.m.            Swiftel Center
                                Retirement Event
     September 13   Tuesday     Council Meeting        5:00 p.m.            Council Chambers
     September      Thursday-   NLC 19th Annual
                                                                            Minneapolis, MN
     15-17          Saturday    Leadership Summit
     September 27   Tuesday     Council Meeting        5:00 p.m.            Council Chambers
                    Tuesday-    SDML Annual
     October 4-7                                                            Sioux Falls, SD
                    Friday      Conference
     October 11     Tuesday     Council Meeting        5:00 p.m.            Council Chambers
                                City of Brookings
     October 14     Friday      Employee Recognition   6:00 p.m.            Swiftel Center
                                Event
     October 25     Tuesday     Council Meeting        5:00 p.m.            Council Chambers

     November 8     Tuesday     Council Meeting        5:00 p.m.            Council Chambers
     November       Tuesday-    NLC Congress of
                                                                            Phoenix, AZ
     8-12           Saturday    Cities
     November 22    Tuesday     Council Meeting        5:00 p.m.            Council Chambers

     December 13    Tuesday     Council Meeting        5:00 p.m.            Council Chambers

     December 20    Tuesday     Council Meeting        5:00 p.m.            Council Chambers




                                                                                                        22
6:00 p.m.         REGULAR MEETING
1.      Call to order.
2.      Pledge of Allegiance.
3.      Record of Council Attendance.
4.      Action to approve the following Consent Agenda Items:*
        A.        Action to approve the agenda.
        B.        Action to approve City Council minutes.
        C.        Action to approve a preliminary plat of a portion of the Christie Springs Addition in the NE¼ of the
                  NW¼ of Section 2-T109N-R50W.
        D.        Action to appoint volunteers to the City Sustainability Council.
        E.        Action on Resolution No. 84-11, Concurring in the Placement of Stop Signs at Yorktown Drive and
                  Westminster Drive at their Intersections with Christine Avenue.
Open Forum/Presentations/Reports
5.      Open Forum.
6.      SDSU Student Senate Report.
Contract Awards / Change Orders
7.      Action on Resolution No. 85-11, a Resolution Rejecting Bids for 2011-05SSI Pheasant Nest Detention Pond
        Project. Action: Motion to Approve, Request Public Comment, Roll Call
First Readings
8.      Ordinance No. 13-11: An ordinance rezoning the west 1,115 feet of the east 1,338 feet of the north 1,409
        feet, excluding Lot C, Christie Addition and Outlots A, 1A, B, and 1B thereof; and the west 1,085 feet of the
        east 1,342 feet of the south 193 feet of the north 1,608 feet all in the NW¼ of Section 2-T109N-R50W from
        an A Agricultural District to a Residence R-3 District (20th Street South and Main Avenue South area).
                  Public Hearing: August 9th
** No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is
announced.
Second Readings / Public Hearings
9.     Public hearing and action on a request to transfer an On-Off Sale Malt Beverage Alcohol License for Carpy’s
       Pub, Roger and Verla Carpenter, owners, from 720 22nd Avenue South to 714 22nd Avenue South, Brookings,
       South Dakota, (Legal Description: The east 77 ½’ of the west 145’ and the north 32’ 9” of the south 655’ of
       Lot 2, Brookings Mall Addition).
                  Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10.    Public Hearing and action on a temporary on-sale malt and on-sale wine application for Downtown Brookings
       Inc. for the Taste of Brookings event on August 13th.
                  Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business:
11.    Action to award liquor operating agreements:
       A.         Action on Resolution No. 86-11, authorizing the City Manager to enter into an operating agreement.
                            Action: Motion to Approve, Request Public Comment, Roll Call
       B.         Action on Resolution No. 87-11, authorizing the City Manager to enter into an operating agreement.
                            Action: Motion to Approve, Request Public Comment, Roll Call
12.    Discussion and possible action on Street Width Request for “The Landing” in Prairie Hills Addition.
                  Action: Motion to Approve, Request Public Comment, Roll Call
13.    Action on Resolution No. 88-11, a Resolution Declaring Jurisdictional Change of County Road 77 (South Main
       Avenue) from 20th Street South to 32nd Street South.
                  Action: Motion to Approve, Request Public Comment, Roll Call
14.    Action on Resolution No. 89-11, a Resolution Declaring Jurisdictional Change of County Road 16 (20th Street
       South) from Main Avenue West to Rio Grand Avenue.
                  Action: Motion to Approve, Request Public Comment, Roll Call
15.    Review of Parade Safety Issues.
                  Action: Informational
16.    Adjourn.



                                                                                                                               23
                                                                                                   City of Brookings
                                                                                                        July 26, 2011


CONSENT AGENDA #4

4.       Action to approve the following Consent Agenda Items: *

             A. Action to approve the agenda.

             B. Action to approve City Council minutes.

             C. Action to approve a preliminary plat of a portion of the
                Christie Springs Addition in the NE¼ of the NW¼ of
                Section 2-T109N-R50W.

             D. Action to appoint volunteers to the City Sustainability
                Council.

             E. Action on Resolution No. 84-11, Concurring in the
                Placement of Stop Signs at Yorktown Drive and
                Westminster Drive at their Intersections with Christine
                Avenue.


*Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at
one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given
item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the
Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms
and conditions described in the agenda supporting documentation.




ACTION: Motion to Approve, Request Public Comment, Roll Call




                                                                                                                      24
                                                                 City of Brookings
                                                                      July 26, 2011

CONSENT AGENDA #4

B.   Action to approve City Council Minutes.


     The draft July 12th Brookings City Council minutes are enclosed for Council
     review and approval.




                                                                                25
                                                                                      City of Brookings
                                                                                           July 26, 2011

                                      Brookings City Council
                                     July 12, 2011 (unapproved)

The Brookings City Council held a meeting on Tuesday, July 12, 2011 at 5:00 p.m., at City Hall
with the following members present: Mayor Tim Reed, Council Members John Kubal, Mike
McClemans, Tom Bezdichek, Ope Niemeyer, Jael Thorpe and Keith Corbett. City Manager Jeff
Weldon, City Attorney Steve Britzman and City Clerk Shari Thornes were also present.

Executive Session. A motion was made by Kubal, seconded by McClemans, to enter into
executive session at 5:05 p.m. to consult with legal counsel on contractual matters with the
Council, City Manager and City Attorney present (Thorpe and City Clerk were not present).
All present voted yes; motion carried. A motion was made by Kubal, seconded by Niemeyer,
to exit executive session at 5:45 p.m. All present voted yes; motion carried.

Future Discussion Topics.
Parade Safety. A motion was made by Kubal, seconded by Reed, to schedule a work session
discussion in the near future regarding parade safety. All present voted yes; motion carried.

Liquor Store. A motion was made by McClemans, seconded by Corbett, for the council to
review the Brookings Municipal Liquor Store override and the possibility of issuing additional
licenses and holding a request for proposals discussion on what the future should be with the
Brookings Municipal Liquor Store. Discussion: Mayor Reed summarized for clarification that the
agenda topic would be to discuss the liquor store, the possibility of other issuing operating agreements
for off-sale to other locations/parties and look at the future of the BMLS. McClemans noted there are
5 years remaining on the store’s current lease and he wants to know the revenues and options. He
further clarified that he wants to look at both sides of the operation: override and retail. The Mayor
suggested a 1 ½ hour work session (to begin at 5:00 p.m.) to be held by the end of September. All
present voted yes; motion carried.

REGULAR MEETING. Consent Agenda. A motion was Kubal, seconded by McClemans,
to approve the consent agenda:
A. Action to approve the agenda.
B. Action to approve the June 28th and July 6th Council minutes.
C. Action on Resolution No. 79-11, a Resolution declaring items surplus.
                         Resolution No. 79-11 - Declaring Surplus Property
    Whereas, the City of Brookings is the owner of the following described equipment formerly
    used by the City of Brookings street, engineering, community development, airport, police
    and parks departments: One (1) 1992 Chevrolet Tandem Truck, Chassis and Dump Box,
    VIN #1GBS7H4M1NJ105135, One (1) 2000 Dodge Durango, VIN #1B4HS28NXYF255771,
    One(1) 1999 Ford Expedition, VIN #1FMPU18L9XLB73639, One (1) 1977 Chevrolet
    Pickup, VIN #CCD447J114513, One (1) 1985 Honda Fourtrax 250 2WD Four-wheel All
    Terrain Vehicle, VIN #JH3TE0600FC001536, One (1) 2007 Dodge Durango, VIN
    #1D8HB38PX7F565493, One (1) 2009 Ford Crown Victoria, VIN #2FAHP71V79X120481,
    One (1) 2009 Ford Crown Victoria, VIN #2FAHP71V79X120480, One (1) 1984 Chevrolet
    Pickup, VIN #1GCDC14HOEJ113818, and One (1) 1982 GMC Pickup, VIN
    #1GTDC14HXJ513544.

                                                                                                       26
                                                                                 City of Brookings
                                                                                      July 26, 2011


   Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same
   as surplus property;

   Whereas, the City Manager hereby authorized to sell said surplus property.

   Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South
   Dakota, that this property be declared surplus property according to SDCL Chapter 6-13.

D. Action on Resolution No. 80-11, a Resolution authorizing a revision to Change
   Order No. 2 (CCO#2 Final) for 2009-05STI SDSU Innovation Campus
   Infrastructure – Phase II, Bowes Construction Inc. (Change in completion date.)
       Resolution No. 80-11 - A Resolution Authorizing a Revision to Change Order No. 2
         (CCO#2 Final) for 2009-05STI SDSU Innovation Campus Infrastructure – Phase II
                                      Bowes Construction Inc.
   Be It Resolved by the City Council that the following change order be allowed for 2009-
   05STI SDSU Innovation Campus Infrastructure – Phase II: 1) Revision to Construction
   Change Order Number 2 (CCO#2 Final), Res. No. 10-11 and 2) Adjust contract final
   completion date to July 8, 2011.

E. Action on Resolution No. 81-11, a Resolution authorizing Change Order No. 1
   (CCO#1) for 2011-07STI, Main Avenue and Front Street Project. ($150 total
   increase to the contract.)
       Resolution No. 81-11 - A Resolution Authorizing Change Order No. 1 (CCO#1) for
              2011-07STI Main Avenue and Front Street Project; Bowes Construction Inc.
   Be It Resolved by the City Council that the following change order be allowed for 2011-
   07STI Main Avenue and Front Street Project: 1) Construction Change Order Number 1,
   and 2) Adjust contract cost to delete one 5.5’ x 5.5’ Type B Drop Inlet with Frame and
   Grate, add one (1) 2’ x 3’ Type B Drop Inlet, and remove concrete retaining wall and ramp
   for a total increase of $150.00 to the contract.

   Passed and approved this 12th day of July 2011 contingent upon concurrence by the SD
   Department of Transportation.

On the motion, all present voted yes; motion carried.

Mayor’s State of the City Message. Mayor Tim Reed gave following annual “State
of City Message,” (The full presentation is available on the city’s website and on file in
the City Clerk’s Office.):

Economic Health. Brookings continues to do better than nationwide. Brookings County ranked fourth
among the least economically stressed counties in the US According to the AP in May 2010, and by
June 2011, Brookings County ranked ninth. Brookings unemployment is down slightly, but remains
steady in the 2-5% range.



                                                                                                 27
                                                                                     City of Brookings
                                                                                          July 26, 2011

First Penny Tax Revenue. YTD May 2011 has shown an 8.82% increase, after remaining flat from
2007-2010.

Observations. Unemployment is steady at 4%, but anticipate job losses with SDSU’s budget decrease.
YTD May sales tax revenue up 8.8%. Consumer Price Index is up 3.8% in May 2011 over May 2010.
Need to be conservative with revenue projections and work to limit expense growth. 2012 Budget Plan
includes a 3% Revenue Growth and a possible 1% GF CIP reduction.

Visitor Promotion. Triple B has shown no growth from 2007-2010. YTD 2011 is up 14% and attribute
that to the concerts at the Swiftel Center and the SD Children’s Museum. As the weekends are full, the
next growth will have to come from weekday visitors.

Need to invest in Brookings. In 2010 Brookings was ranked fifth in quality of life in small mid-west
cities by http:///www.bizjournal.com . Balancing the needs of the community and the capital needs of
city hall is tough but critical to long-term growth. We must continue to preserve 2nd Penny revenues as
an investment fund to improve the economy and quality of life in Brookings.

Our Investment Fund: 75% of 2nd Penny. Revenue has remained flat for the past three years. 2012
Revenue Deb Payment equals $3.8 M cash for capital projects. That is a $100,000 annual growth.
Need to move recurring costs to general fund or other sources over the next 5 years except Street
Repair $500,000/year, Airport Runway Maintenance and Equipment, EdgeBrook Golf Course, SDSU
Growth Partnership/Innovation Campus, and Swiftel Maintenance, Equipment/Annual CIP.

5-Year 2nd Penny Needs. City Growth: $8.2M Street & Infrastructure Development, and $1.6M
Airport Realignment. Investments and Enhancements: $4M Swiftel Center, $.8M Railroad Safety, $.7M
Gateway Project (+$1.5 private donations), $3.2M Recreation Projects, and $.86M Nature Park (+$1.8
private donations).

2nd Penny Bottom Line. 2016 Ending Balance: $-10.7M: TIF up to $3M, which doesn’t include the
SDDOT land, PAC II, or Nursing Home Requests. We no longer have an Opportunity Fund.

Bonding. Constitution Debt Limit of $48.5M. Current Debt is $25M (50%). This will decrease
approximately $1M/year. The Storm Drainage Plan will increase approximately $1M/year. Remaining
Debt of $23.5M.

5-Year 2nd Penny Plan. We need a 5-year plan. During the budget sessions we will need to spend
more time than previous years on the 2nd Penny plan. We need to prioritize: What do we have to
have and when? What optional investments should we make? Do we need to or should we bond?

Opportunities & Strengths. We have a better than average economy. We have focused economic
recruitment and development with Brookings “At the Center of it All”. Conducting Campus &
Community Forums. Open and accessible government improved with the new website. SDSU
Innovation Campus constructing a new wing to hold more incubator and start-up space. Customer
Service Focus. Industrial Land availability. Improved Health Care.



                                                                                                     28
                                                                                      City of Brookings
                                                                                           July 26, 2011

Threats & Weaknesses. Industrial Land, Health Care, State funding for SDSU, Regional & National
Economy, and Retail Recruitment.

Just a few of the city’s accomplishments: Fourth largest city in the state, Joint Government Center,
Storm Drainage (2012 halfway to completion), Gateway & Nature Park, another heavy snow year,
Airport (Layout and Design in process), Branding (see it every day – it fits), Infrastructure growth
planning (NSWE), Sustainability Committee, Code Enforcement Improvements, and clean & safe
streets.

On Deck for 2011-2012. City Hall / PD remodeling planning, update of 2020 Comprehensive Plan,
South Fire Station Planning, Volunteer Firefighters Building, and continued lobbying 34-20 project.

Revisiting the Vision. Smart & Balanced Growth: attaining a sustainable, moderate population growth
rate, informed decision-making and creating additional economic diversity; Economic Prosperity:
capturing existing industry growth, building the next general economy, new business formation and
creating a competitive business environment; Quality Amenity Base: building quality of life features that
will entice new residents to the community and creating social environments attractive to new
population targets; Focus on the Future: creating a widely accepted community vision, partnerships, and
community awareness; and Quality Physical Environment: preserving community character, ensuring
high quality/planned future developments and creating a variety of residential, commercial and
industrial developments.

From today’s Mitchell Republic(7/12/2011). “…Brookings is no doubt helped by the remarkable
growth of South Dakota State University and the annual economic jolt the city receives from the arrival
of about 13,000 extra residents each fall. But Brookings’ city and county leaders have also done their
part, as evidenced by the intergovernmental center. It’s that kind of progressive thinking that has
pushed Brookings past Watertown into the No. 4 spot on the list of the state’s most populated cities.
We think Brookings is setting a great example for other cities to follow, and we hope our local officials
take note.”

The Mayor thanked City Manager Jeff Weldon and staff, City Clerk Shari Thornes and staff,
fellow council members, and volunteer board members for their dedicated work.

Resolution No. 82-11. Mayor Reed recused himself and Deputy Mayor Thorpe introduced
this item. A motion was made by Corbett, seconded by Kubal, to approve Resolution No. 82-
11, a Resolution Authorizing the Mayor to Sign an Agreement for Professional Services for
Airport Improvement Project #3-46-0005-024-2011, New Airport Layout Plan & Approach
Survey. No public comment. Council member Bezdichek requested a summary of payments
made to Helms and Associates. All present voted yes, except the Mayor abstained; motion
carried.

         Resolution No. 82-11 - A Resolution Authorizing Mayor to Sign an Agreement for
  Professional Services for Brookings Regional Airport Project No. AIP #3-46-0005-024-2011;
                           New Airport Layout Plan and Approach Survey



                                                                                                       29
                                                                                      City of Brookings
                                                                                           July 26, 2011

Whereas, the Brookings City Council desires a New Airport Layout Plan and Approach Survey,
Project No. 3-46-0005-024-2011; and

Whereas, The City of Brookings is obligated to and hereby agrees to pay for the Agreement for
Professional Services for Brookings Regional Airport Project No. AIP #3-46-0005-024-2011,
New Airport Layout Plan and Approach Survey; and

Whereas, The City of Brookings anticipates receiving grant funding for the New Airport Layout
Plan and Approach Survey from the Federal Aviation Administration for 95% and SD State
Aeronautics Department for 3% of the allowable costs incurred in accomplishing Airport
Improvement Project No. 3-46-0005-024-2011.

Now, Therefore, Be Resolved, that the Mayor is hereby authorized to sign all documents
related to an Agreement for Professional Services for Brookings Regional Airport Project No.
AIP #3-46-0005-024-2011, New Airport Layout Plan and Approach Survey.

Temporary Liquor License. A public hearing and action was held on a temporary Liquor
License application for Ray’s Corner, 401 Main Ave., for a street dance for ABATE on July 23,
2011. No public comment. A motion was made by Thorpe, seconded by McClemans, to
approve. All present voted yes; motion carried.

Discussion and possible action to award Liquor Operating Agreements. Council
Member Thorpe recused herself and left the dias.

Each city council member provided comment on how many licenses to issue and their
concerns. Topics included duration of the agreement to be shortened to one year rather than
a ten-year agreement; the current and future status of restaurant licenses and their cost; the
possibility of replacing issued licenses with restaurant licenses at the end of that year;
replacement of the temporary license currently held by Bravo’s with a restaurant license; how
many licenses are available; and how many licenses to issue at this time.

ACTION: A motion was made by Reed, seconded by Kubal, to award two licenses in this
round of applications. Discussion: Bezdichek was in favor of issuing all three and within one year
convert at least two into restaurant licenses, which would put two back on the shelf. Reed expressed
concern if it wasn’t feasible to award restaurant licenses in one year. Weldon clarified there are three
new licenses available plus the one Bravo’s currently holds; however, that license is in limbo until the
restaurant license issue is resolved; there is no immediate prospect to solve that dilemma. Legislation
can be introduced, but nothing is guaranteed. The issue remains in limbo until the fee issue is resolved.
McClemans suggested the Council take action to set the restaurant fee, and questioned any national
chain needing a license in the next six months. Council members asked if the fee could be set; yes, but
according to the court case the price would have to be in the $90,000 to $100,000 range. Once a
price is set, it remains in effect for 10 years. The Council is free to change the price after ten years.

Public comment: Lori Sullivan, applicant, expressed concern about a one year agreement and
questioned if one year gave enough time for a fair evaluation of a new business. She also questioned if
the applicants were paying $25,000 for only a one year agreement and felt it was a huge risk. Mayor

                                                                                                       30
                                                                                       City of Brookings
                                                                                            July 26, 2011

Reed said that year would provide applicants time to finish their plans according to their applications.
Sullivan also asked what happens if the 60/40 food to alcohol percentage doesn’t work for their
business. Britzman felt the State Department of Revenue would enforce that audit percentage. She
was concerned they would have to close at 11:00 p.m. in order to maintain the 60/40 percentage,
which limits their ability to compete with other businesses. She asked if the $25,000 fee would be
swapped out for the restaurant license fee, or would the $25,000 go towards the $100,000 fee.
Britzman thought a restaurant license could be offered in lieu of an operating agreement. It would
involve a transition from one to the other and how the fees would be resolved. The City is more
obligated to issue restaurant licenses according to state statutory guidelines. Britzman will evaluate the
transition process; but noted the City will not have discretion on the restaurant license fee. McClemans
suggested the $25,000 fee be listed as a deposit.

AMENDMENT: A motion was made by McClemans, seconded by Corbett, to issue all three
licenses. Discussion: Corbett noted a license can be called back after 90 days. Bezdichek didn’t think
it was fair to an existing or start-up business to just pull their liquor license. McClemans noted no one
else has applied and a chain franchise wouldn’t be ready in the next six months. Of the four
applicants, one is ready now and the other three will require remodeling. Reed didn’t think a chain
franchise would build without a license guarantee.

Public Comment: Garner Hansen, applicant, noted the City has four local applicants willing to spend a
lot of money. He reminded the council that two applicants said a restaurant license won’t be a good fit
for their applications. All three would generate revenue and urged the Council to issue all three.

On the amendment, Corbett and McClemans voted yes; Bezdichek, Kubal, Niemeyer, Reed
voted no; motion failed.

On the original motion, all present voted yes; motion carried.

Britzman urged the council to not take action on the restaurant license at this meeting.
McClemans suggested setting the $25,000 as a deposit against the restaurant license rather than
a fee. A motion was made by Reed, seconded by Corbett, to have the city attorney bring
correct language to set the restaurant fee in a manner that we can refund it. All present voted
yes; motion carried.

Thorpe returned to the dias.

Educational Wind Tower at Mickelson Middle School. The Brookings School District
requested permission to install an outdoor educational wind tower classroom at the Mickelson
Middle School. Wind Powering America sponsors the Wind for Schools project to raise
awareness in rural America about the benefits of wind energy while simultaneously developing a
wind energy knowledge base in future leaders of our communities, states, and nation.
ACTION: A motion was made by Reed, seconded by Kubal, to grant an exception to the
ordinance for this unique request for educational purposes. All present voted yes; motion
carried.



                                                                                                        31
                                                                               City of Brookings
                                                                                    July 26, 2011

25th Avenue Improvement Project. For the past two years, the City’s capital budget has
been carrying as a project, the completion of 25th Avenue from its current terminus at 9th Street
north to Innovation Drive. This project has not been initiated as the need is driven chiefly by
the development of adjacent parcels which would benefit from such infrastructure. In addition,
an extension of 10th Street from its current dead-end at Innovation Village Apartments to the
newly-constructed 25th Avenue is needed. The City has now been approached by developers
who are ready to proceed with adjacent private development, thus the need for the street and
utility infrastructure. This project does require a partnership with the City to complete. This
project will open up approximately 40 acres of development for commercial and certain types
of residential uses just off Highway 14 and I-29.

The infrastructure under consideration includes the two streets indicated above with the
addition of associated water, sewer, storm drainage, curb and gutter, and any other private
utilities. These costs would be assessable under our current policy to benefitting property
owners. The streets have been dedicated as public right-of-way by the current owner and such
streets are in the City’s Master Street Plan. Sidewalks and landscaping would be done at the
time of development and not a part of this project. The assessable portion would be the
normal size infrastructure but over sizing would be necessary for water and sewer lines.
Pursuant to their policy, Brookings Municipal Utilities would pay the over sizing costs.
Likewise, the street section would be more extensive than what would be assessable so the
City would pay for “extra width and thickness” pursuant to our policy.

The benefitting parcels are currently unplatted, but would be dissected into three distinct
parcels by virtue of the installation of the streets. One parcel would be approximately 25 acres
in size immediately to the north of Lowe’s and east of 25th Avenue. (Identified as parcel 1) A
second parcel would be approximately 306 feet by 731 feet in size immediately to the west of
25th Avenue and south of 10th Street. (Identified as parcel 2) A third parcel would be
approximately 100 feet by 400 feet in size also to the west of 25th Avenue and just north of 10th
Street. (Identified as parcel 3) Due to its size, this parcel has very limited development
potential. The developers are in the process of acquiring all parcels from the current owner.

ACTION: A motion was made by McClemans, seconded by Bezdichek, to give approval to
move forward with the conceptual design and Memorandum of Understanding for this project.
All present voted yes; motion carried.

Resolution No. 83-11. No action was taken on Resolution No. 83-11, a Resolution
authorizing the Transfer of Real Property to the Brookings Economic Development
Corporation, Inc. pursuant to SDCL 9-27-36 for Economic Development purposes. Council
requested more information on exhibit A and recommendations from the investment
committee on acre rates.

Investment Committee Appointments. A motion was made by Reed, seconded by
Corbett, to appoint Council Member Thorpe, Council Member McClemans and Mayor Reed to
the BEDC Investment Committee as city representatives. The city manager will serve as an ex-
officio. All present voted yes; motion carried.


                                                                                              32
                                                                                City of Brookings
                                                                                     July 26, 2011

Executive Session. A motion was made by Corbett, seconded by Bezdichek, to enter into
Executive Session at 8:24 p.m. for purposes of consulting with legal counsel on pending litigation
with the City Council, City Manager, City Attorney and City Clerk present. All present voted
yes; motion carried. A motion was made by Corbett, seconded by Kubal, to exit Executive
Session at 8:39 p.m. All present voted yes; motion carried.

Adjourn. A motion was made by Niemeyer, seconded by Thorpe, to adjourn. All present
voted yes; motion carried. Meeting adjourned at 8:40 p.m.
                                                          CITY OF BROOKINGS

ATTEST:                                                     Tim Reed, Mayor

Shari Thornes, City Clerk




                                                                                               33
                                                                             City of Brookings
                                                                                  July 26, 2011

CONSENT AGENDA #4

C.   Action to approve a preliminary plat of a portion of the Christie
     Springs Addition in the NE¼ of the NW¼ of Section 2-T109N-
     R50W.

     Applicant: Oakwood Equity Group

     Proposal: Create a large lot for high-density residential use

     Background: This eight (8) acre parcel is bordered by 20th Street South on the north.
     There are single-family homes on the west and east sides. The petitioner will be
     developing the area to the south in the future.

     Specifics: The various elements of this plan are addressed below:

     Street Design – There are no public rights-of-way planned within the lot. Access will
     only be from 20th Street South.

     Land Design – The large “block” design caters to a high-density use such as an
     apartment complex. The maximum density for this acreage is 24 units per acre or about
     192 units. Generally, the density ranges from 50 to 70 percent of the maximum after
     parking and landscaping requirements are satisfied.

     Open Space – No open space is planned except for what is required by the landscape
     regulations.

     Drainage Plan – Surface drainage flows to the south and southeast. A
     detention/retention pond has been designed south of Lot 1 that would capture runoff
     from a future parking lot and roof areas. Stormwater runoff will also be carried in a
     linear swale along the north and east sides.

     City Engineer’s Comment: A drainage plan is being designed for this development and
     the detention pond for Lot 1 is located south of this lot as shown on the site plan. The
     drainage plan will need to be approved before Lot 1 can be approved for final plat, and
     the final plat will also need to show any utility and drainage easements.

     Recommendation: The Planning Commission voted 6 yes and 0 no to recommend
     approval of the preliminary plat.




                                                                                             34
                                                                             City of Brookings
                                                                                  July 26, 2011


                                                                         Planning Commission
                                                                      Brookings, South Dakota
                                                                                   July 5, 2011

                                     OFFICIAL MINUTES

       Chairperson Al Heuton called the regular meeting of the City Planning Commission to
order on July 5, 2011, at 7:00 PM in the Council Chamber at City Hall. Members present were
Wayne Avery, Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, and Heuton. Alan
Gregg, John Sydow, and John Gustafson were absent. Others present were Jason Pederson,
Wayne Wagner, John Mills, Alan Mack, Dave Fiedler, City Manager Jeff Weldon, Community
Development Director Mike Struck, City Engineer Jackie Lanning, Planning and Zoning
Administrator Dan Hanson, and others.

Item #6 – Dean Christie has submitted a preliminary plat of the north 388 feet of the NE¼ of
the NW¼ of Section 2-T109N-R50W excluding the platted areas thereof.

(DeKraai/Cameron) Motion to approve the preliminary plat. All present voted aye. MOTION
CARRIED.

                                SUMMARY OF DISCUSSION

Item #6 – Heuton noted that the previous rezoning discussion involved information for platting
too. He asked for any new data regarding the preliminary plat.

DeKraai asked for the City Engineer’s input on the drainage issues in this area. Lanning stated
that the firm, Short, Elliot, and Hendrickson, Inc. was retained to do an independent review of
future drainage projects. They would so some stormwater drainage modeling in the Indian Hills
Addition and in the area south of 20th Street South. She noted that 20th Street South would be
reconstructed as an urban section road in the near future. Flow-throughs from the north would
go east and then south around the proposed apartment complex. The pipe under 20th Street
South may be modified depending upon the modeling information. All water from projects
south of 20th Street South would flow south.

Fargen asked what the timeline was for urban services to be brought into the area. Weldon
responded that a trunk sewer line had been planned for about three years, but it was
developer-driven. Heuton asked if sanitary sewer already existed in Main Avenue South, would
development timetables change. Wagner replied that it could, but budgets control the rate at
which they develop too.




                                                                                            35
                                                                        City of Brookings
                                                                             July 26, 2011

CONSENT AGENDA #4

D.   Action to appoint volunteers to the City Sustainability Council.

     Mayor Reed has recommended the following appointments to the City
     Sustainability Council:

        1.   Ryan Carda (1 yr)
        2.   Laura Hennen (1 yr)
        3.   Norma Nusz Chandler (1 yr)
        4.   Justin Fjeldos (2 yr)
        5.   Donna Hess (2 yr)
        6.   Arika Sanders (2 yr)
        7.   Jane Hegland (3 yr)
        8.   Brooke Charity Sydow (3 yr)
        9.   Robert B. McGrath (3 yr)

     Sustainability Council
     Membership:          9
     Term:                3 years (initial terms of office shall be staggered in 1, 2
                           and 3 year increments)
     Residency:           Required for majority
     Appointment:         January 1st
     Purpose: The purpose of the Sustainability Council is to investigate,
     propose, educate, communicate, and advocate investment strategies and
     policies that will improve our future quality of life while still meeting the
     needs of the present.




                                                                                        39
                                                                                City of Brookings
                                                                                     July 26, 2011

                                   Ordinance No. 04-11
                         An Ordinance Creating a Sustainability Council
                            for the City of Brookings, South Dakota

Be It Ordained and Enacted by the City Council of the City of Brookings, State of South
Dakota, as follows:

                                            I.
Creation/Name.
There is hereby created the Sustainability Council (hereinafter “Sustainability Council”) for the
City of Brookings.

Purpose.
The City of Brookings is committed to becoming a leader among its peers in developing an
environment which meets the needs of the present without compromising the ability of future
generations to meet their own needs.

This sustainability objective requires the creation of a committee of the City to investigate and
propose investment strategies and policies to improve our future quality of life while still
meeting the needs of the present. In addition, the Sustainability Council will educate,
communicate and advocate these investment strategies and policies. The Sustainability Council
will serve as a sustainability resource to the community.

Manner of Appointment, Composition, Terms, Compensation.
a) Members of the Brookings Sustainability Council will be appointed by the Mayor, with the
   advice and consent of the City Council, for three-year terms that commence in January.
   Members may be appointed for additional three-year terms. The initial terms of office shall
   be staggered in 1, 2 and 3 year increments. Any members whose term expires may be
   reappointed.
b) The Sustainability Council shall consist of nine (9) or more members who are
   representative of the community-at-large, business/industry, higher education, students, and
   public agencies interested in sustainability practices.
c) All members of the Sustainability Council shall serve without compensation.

Qualification of members.
A majority of the members of the Sustainability Council shall be residents of the city.

Vacancies.
If a vacancy on the Sustainability Council occurs prior to the expiration of a term, the vacancy
may be filled by appointment for a term not exceeding three years. If a member is absent from
three consecutive regular meetings without authorization from the Chairperson, the member's
seat may be considered vacant, and a new member may be appointed.

Officers.
The Sustainability Council will designate from among its membership a chairperson, vice-
chairperson and such other officers and subcommittees as it deems appropriate and necessary.

                                                                                                40
                                                                                 City of Brookings
                                                                                      July 26, 2011


Meetings.
The Sustainability Council will meet at such times and places as may be determined by the
Sustainability Council. A majority of members of the Sustainability Council shall constitute a
quorum.

Objectives.
The objectives of the Sustainability Council are as follows:
1. Action: Investigate, prioritize, and facilitate activities that develop and encourage sustainable
   practices. Within Brookings, we understand sustainability to mean stewardship of all our
   resources in such a way that we can meet our basic human need for a quality place to live
   today and leave a legacy of enhancement for future generations.
2. Education: Communicate the importance of sustainable activities to the Brookings
   community.
3. Advocacy: Propose to City Government and other organizations implementation of
   sustainable strategies, policies and activities.

The Sustainability Council shall give due consideration and emphasis to the following areas:
green municipal practices and procedures, green community wide practices, future quality of life
issues, sustainable community planning and design, including high performance buildings and
landscapes, incorporation of SDSU resources, promoting economic growth through sustainable
activities, understanding economic impact and value creation of sustainability practices,
promoting local food resourcing and promoting use of renewable resources.

Rules and Regulations.
The Sustainability Council will keep and submit minutes of its meetings to the city manager. The
Sustainability Council will also file an annual report with the City Council.

                                                II.
Any or all ordinances in conflict herewith are hereby repealed.

First Reading:         March 8, 2011
Second Reading:        March 22, 2011
Published:             March 25, 2011

                                              CITY OF BROOKINGS, SD

ATTEST:                                       Tim Reed, Mayor

Shari Thornes, City Clerk




                                                                                                 41
                                                                  City of Brookings
                                                                       July 26, 2011

CONSENT AGENDA #4

E.   Action on Resolution No. 84-11, concurring in the Placement of
     Stop Signs at Yorktown Drive and Westminster Drive at their
     Intersections with Christine Avenue.

     The Traffic Safety Committee discussed the issue of placing stop signs at
     the intersections of Yorktown Drive and Westminster Drive at their
     intersections with Christine Avenue at their January 14, 2011 meeting.
     These two intersections are on the west side of the Camelot Intermediate
     School and Camelot Park (see attached drawing). There are numerous
     pedestrians who use the crosswalks on Christine Avenue for access to
     Camelot Park and the school. Christine Avenue is classified as a minor
     collector street and Yorktown Drive and Westminster Drive are both
     classified as residential streets. The intersections of Yorktown Drive and
     Westminster Drive at Christine Avenue would meet the stop sign warrant
     in the Manual of Uniform Traffic Control Devices under the Section 2B.04
     Right-of-Way at Intersections, which states in part:
             2B.04 Right-of-Way at Intersections
             A. An intersection of a less important road with a main road where
                application of the normal right-of-way rule would not be expected
                to provide reasonable compliance with the law
             B. A street entering a designated through highway or street.

     The Traffic Safety Committee voted unanimously to approve a stop sign at
     these two intersections. This resolution will approve the installation of a
     stop sign on Yorktown Drive and on Westminster Drive at their
     intersections with Christine Avenue.




                                                                                 42
                                                                              City of Brookings
                                                                                   July 26, 2011

                                 Resolution No. 84-11
  Concurring in the Placement of Stop Signs at Yorktown Drive and Westminster
                 Drive at their Intersections with Christine Avenue

Whereas, Section 82-373 of the Revised Ordinance of the City of Brookings, provides for
approval by the City Council for placement of stop signs in locations other than along through
streets.

Now, Therefore, Be It Resolved that the City Council concurs in the recommendation of the
Traffic Safety Committee and the City Manager and approves the placement of stop signs at
Yorktown Drive and Westminster Drive at their intersections with Christine Avenue.

Passed and approved this 26th day of July 2011.

                                            CITY OF BROOKINGS
                                            __________________________
                                            Tim Reed, Mayor
ATTEST:
___________________________
Shari Thornes, City Clerk




                                                                                             43
                                                                                City of Brookings
                                                                                     July 26, 2011

                                                 BROOKINGS TRAFFIC SAFETY COMMITTEE
                                                                  City Hall Meeting room
                                                               Thursday, January 14, 2011
                                                                               12:10 p.m.

The Brookings Traffic Safety Committee held its monthly meeting on Thursday, January 14,
2011, at 12:10pm in the City Hall meeting room.

Members Present: Carol Rettkowski, Skip Webster, Louis Skubic, Jackie Lanning, Jeff Miller,
Brian Lueders, Pete Kirchheuel, and Tony Sonnenburg.

Members Absent: Daryl Englund, Keith Bruinsma, Tim Heaton, and Mike Fossum.

Others Present:

Call to Order: Webster called the meeting to order. Lanning/Skubic moved to approve the
amended minutes from the January meeting. All present voted aye.

Addition to Agenda

Old Business:
Discussion on stop signs on Yorktown Drive and Westminster Drive at their intersections with
Christine Avenue. Webster stated the reason for this request is to slow down traffic and allow
children to cross at the crosswalks. Lanning stated visibility can be poor around those
intersections because cars will park all the way up to the radius, especially on Yorktown.
Lanning had researched the traffic sign warrants and asked if there were any accidents at either
of those intersections. Larson stated no accidents were on record in the last three years.
Lanning went over the MUTCD stop sign warrants. There haven’t had any problems with
accidents, but this intersection does meet the stop sign warrant of a residential street
intersecting with a collector street, which is:
       2B.04 Right-of-Way at Intersections
       C. An intersection of a less important road with a main road where application of the
            normal right-of-way rule would not be expected to provide reasonable compliance
            with the law
       D. A street entering a designated through highway or street.

Sonnenburg thinks a stop sign at Yorktown makes really good sense to control traffic. Lanning
asked what the pedestrian traffic is like on Westminster Drive. Larson stated she is in this area
everyday and there are many children crossing at the intersections. Lueders/Rettkowski made
a motion to add stop signs at the intersection of Yorktown Drive and Westminster Drive at
their intersections with Christine Avenue. All present voted aye. Motion passed.




                                                                                               44
                                                                   City of Brookings
                                                                        July 26, 2011

Open Forum

5.   Invitation for a Citizen to schedule time on the Council Agenda
     for an issue not listed.

     At this time, any member of the public may request time on the agenda for
     an item not listed. Items are typically scheduled for the end of the meeting;
     however, very brief announcements or invitations will be allowed at this
     time.




6.   SDSU Student Senate Report.

     President – Mark York
     Vice-President – Anthony Sutton
     Administrative Assistant – Brooke Reiner
     Finance Chair – Brian Gottlob
     State & Local Chair – Jameson Berreth
     SDSU Senate Website: http://www.wix.com/sdsu_sa/sa




                                                                                  46
                                                                   City of Brookings
                                                                        July 26, 2011

Contract Awards / Change Orders

7.    Action on Resolution No. 85-11, a Resolution Rejecting Bids for
      2011-05SSI Pheasant Nest Detention Pond Project.

      The Pheasants Nest Detention Pond Project is Project No. 3 of the
      drainage improvement projects identified in the Storm Drainage Master
      Plan and the project was designed by Banner Associates along with
      Confluence for the landscaping component. The project is located on the
      southeast corner of 12th Street South and 7th Avenue South, on Block 10 of
      Pheasant Nest Addition. The project will entail grading a detention pond
      project with sidewalk, storm sewer pipe, drainage structures, erosion
      control and landscaping. The project will also allow area for a future dog
      park in the southwest corner of the lot. A schematic drawing is included.
      The City has received approval from the South Dakota Department of
      Environment and Natural Resources for funding from the State Revolving
      Fund for this project, which will be a 20 year loan at 3% interest. The loan
      payments will be funded with the Storm Drainage Fees.

      The bid proposals were sent to several area contractors. The City held a
      bid letting at 1:30 PM on Tuesday, July 19, 2011 at City Hall and the
      following bids were received:
             Rounds Construction Company, Inc., Brookings, SD $459,345.80

      The only bid received from Rounds Construction Company, Inc.
      $459,345.80 was approximately 93% higher than Opinion of Probable Cost
      from Banner Associates for this project which was $237,397.00. The
      original construction budget that was submitted to the SD DENR for this
      project was $343,335. Since the bid received was much higher than both
      the Opinion of Probable Cost as well as construction budget used for the
      funding application, it is recommended that the bid be rejected. This
      project will be rebid this winter which will hopefully result in more bids
      received and a lower project cost.




City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call

                                                                                  47
                                                                            City of Brookings
                                                                                 July 26, 2011

                               Resolution No. 85-11
 Resolution Rejecting Bids for 2011-05SSI Pheasant Nest Detention Pond Project

Whereas, the City of Brookings opened bids for 2011-05SSI Pheasant Nest Detention Pond
Project on Tuesday, July 19, 2011 at 1:30 pm at Brookings City Hall; and

Whereas, the City of Brookings has received the following bids for 2011-05SSI Pheasant Nest
Detention Pond Project:
       Rounds Construction Company, Inc., Brookings, SD   $459,345.80

Whereas, the Opinion of Probable Cost from Banner Associates for this project was
$237,397.00; and

Now Therefore, Be It Resolved that the low bid of Rounds Construction Company, Inc, of
Brookings, SD for the bid of $459,345.80 be rejected.

       Passed and approved this 26th day of July 2011.

                                                   CITY OF BROOKINGS
                                                   ________________________________
                                                   Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk




                                                                                              48
                Facility Plan for Pheasants Nest Drainage Improvement Project




City of Brookings                            31                                 3/30/2011
                                                                                City of Brookings
                                                                                     July 26, 2011

First Readings**

8.   Ordinance No. 13-11: An ordinance rezoning the west 1,115 feet
     of the east 1,338 feet of the north 1,409 feet, excluding Lot C,
     Christie Addition and Outlots A, 1A, B, and 1B thereof; and the
     west 1,085 feet of the east 1,342 feet of the south 193 feet of the
     north 1,608 feet all in the NW¼ of Section 2-T109N-R50W from
     an A Agricultural District to a Residence R-3 District (20th Street
     South and Main Avenue South area).

     Public Hearing: August 9th

     ** No vote is taken on the first reading of an Ordinance. The title of the
     Ordinance is read and the date for the public hearing is announced.

     Applicant: Dean Christie/Oakwood Equity Group

     Proposal: Rezone approximately 38 acres for high-density residential development

     Background: This land was annexed into the city in March 2011. All the land is currently
     undeveloped. The Future Land Use Plan has designated a residential use for this parcel.
     Adjacent land abutting Main Avenue South has been planned for commercial zoning but
     would remain in the Ag District at this time.

     Surrounding land uses include low-density residential to the north and medium and high-
     density residential to the west. However, the west side is planned for single-family
     detached homes according to the preliminary plat. Land to the south is outside the city
     limits and is currently farmed.

     Specifics: The Residence R-3 District allows for a mix of residential densities. The
     district regulations indicate the variety of uses allowed. Developers often prefer the R-3
     District because it gives them flexibility in creating smaller or variable lot sizes within an
     area even if the plan is for single-family dwellings. You may recall that we developed an
     R-1C District last year that provided an option for establishing single-family dwellings on
     lots with only 50 feet of frontage and 7,500 square feet of area. The preliminary plans
     for this area show a lower-density concept for the south 2/3 of the parcel.

     Recommendation: The Planning Commission voted 2 yes and 4 no to
     recommend not approving the original rezoning request. A 2/3rds majority
     of the full membership of the Council would be required to overturn the
     Commission and approve the original request.



                                                                                                50
                                                                                 City of Brookings
                                                                                      July 26, 2011

       The Commission voted 6 yes and 0 no to recommend rezoning a portion of
       the land as stated in the ordinance. A simple majority vote by those
       Councilors present and voting would be required to concur with this
       recommendation.


                              Ordinance No. 13-11
          An Ordinance to Change the Zoning Within the City of Brookings

Be it ordained by the governing body of the City of Brookings, South Dakota,

Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of
South Dakota, described as follows:
       The north 388 feet of the NE ¼ of the NW ¼ of Section 2-T109N-R50W, excluding
       the platted areas thereof, be and the same is hereby rezoned and reclassified from an A
       Agricultural District to a Residence R-3 District.

In accordance with Section 94.7 of Article I of Ordinance 25-02 of the Code of Ordinances of
Brookings, South Dakota, as said districts are more fully set forth and described in Articles III
and IV of Ordinance No. 25-02 of the City of Brookings, South Dakota.

Section 2. The permitted use of the property heretofore described be and the same is hereby
altered and changed in accordance herewith pursuant to said Ordinance No. 25-02 of the City
of Brookings, South Dakota.

Section 3. All sections and ordinances in conflict herewith are hereby repealed.

First Reading:                        July 26, 2011
Second Reading and Adoption:          August 9, 2011
Published:

                                                     CITY OF BROOKINGS
                                                     ______________________________
                                                     Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk




                                                                                                51
                                                                                City of Brookings
                                                                                     July 26, 2011

                                                                           Planning Commission
                                                                        Brookings, South Dakota
                                                                                     July 5, 2011

                                      OFFICIAL MINUTES

Chairperson Al Heuton called the regular meeting of the City Planning Commission to order
on July 5, 2011, at 7:00 PM in the Council Chamber at City Hall. Members present were Wayne
Avery, Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, and Heuton. Alan Gregg, John
Sydow, and John Gustafson were absent. Others present were Jason Pederson, Wayne
Wagner, John Mills, Alan Mack, Dave Fiedler, City Manager Jeff Weldon, Community
Development Director Mike Struck, City Engineer Jackie Lanning, Planning and Zoning
Administrator Dan Hanson, and others.

Item #5 – Dean Christie has submitted a petition to rezone the west 1,115 feet of the east
1,338 feet of the north 1,409 feet, excluding Lot C, Christie Addition and Outlots A, 1A, B, and
1B thereof; and the west 1,085 feet of the east 1,342 feet of the south 193 feet of the north
1,608 feet all in the NW¼ of Section 2-T109N-R50W from an A Agricultural District to a
Residence R-3 District.

(Bailey/Cameron) Motion to approve the rezoning. Bailey and Cameron voted aye. Avery,
DeKraai, Fargen, and Heuton voted no. MOTION FAILED.

(DeKraai/Bailey) Motion to rezone the north 388 feet of the NE¼ of the NW¼ of Section 2-
T109N-R50W, excluding the platted areas thereof, from an A Agricultural District to a Residence
R-3 District. All present voted aye. MOTION CARRIED.

                                 SUMMARY OF DISCUSSION

Item #5 – Jason Peterson, of Civil Design Inc., stated that the plan for the north area had
changed. The proposal would involve seven 16-unit apartment buildings with detached,
perimeter garages.

Wayne Wagner, representing Oakwood Equity Group, stated that changes to the housing
market regarding home mortgages could cause people to rent first. Their plan was to establish
high-density housing on the north end and create lower residential densities as they moved
south. The first phase would be the apartment complex since only the north end had access to
sanitary sewer facilities.

Wagner noted that the buildings would have a two-story design for center units and a one-
story design for the end units. Perimeter garages on the north would be set down so only ½ of
the wall would show towards the street. Landscaping and parking exceeded the minimum
requirements. He added that a second phase would involve 4-plexes south of the apartment
complex.



                                                                                               52
                                                                                  City of Brookings
                                                                                       July 26, 2011

John Mills, an adjacent property owner, felt the corner properties with the two homes and
some additional land should be reserved for future commercial zoning. He recommended that
enough land be zoned now so it could be property developed. He noted that additional right-
of-way along Main Avenue South and the required buffer zones between residential and
business districts should be taken into consideration since they would reduce the developable
area. Peterson remarked that their plan called for a 27 foot setback between the garages and
the east lot line. Some of this land could be rezoned in the future.

Neighbors to the north of 20th Street South were concerned about drainage. Wagner said he
was aware of their issues, and his project would be designed to take as much drainage as
possible. This water would be directed around the apartment complex. The water within the
complex would go to a detention pond along the south side.

Heuton asked how the planned drainage swale and landscaping plan would work. Peterson
stated that drain tile would allow the land to stay dry. Wagner added that they had designed a
30 foot setback into the project to facilitate a “trickle flow” and still be able to handle a large
storm event.

Fargen inquired if the original land use plan was similar to this one. Hanson replied that high-
density was always proposed in the north end, but the density was lower on the original plan.
Heuton felt that rezoning the entire area now could be premature. DeKraai asked for options.
Hanson remarked that developers have favored the flexibility offered by the R-3 regulations
since one-family, two-family, and apartments can be built under those regulations. There are
other districts that could provide similar densities without the high-density component. He
added that private covenants have been used in other recently developed subdivisions to
control density too. Wagner stated their core product was affordable, energy efficient homes.
He felt the R-3 was appropriate, and the property’s value would be controlled by the density
allowed, and the development’s design. Heuton asked if Wagner was open to phased zoning.
Wagner replied yes, as long as it did not impact the development timetable.

Mills reiterated his concern that not enough land was set aside in the corner for a future
business use. Wagner remarked that he would be willing to come back to the Planning
Commission and rezone a portion of land in this area if the apartment complex plan worked
out.




                                                                                                  53
                                                                                             City of Brookings
                                                                                                  July 26, 2011

Second Readings / Public Hearings

9.   Public hearing and action on a request to transfer an On-Off Sale
     Malt Beverage Alcohol License for Carpy’s Pub, Roger and Verla
     Carpenter, owners, from 720 22nd Avenue South to 714 22nd
     Avenue South, Brookings, South Dakota, (Legal Description: The
     east 77 ½’ of the west 145’ and the north 32’ 9” of the south 655’
     of Lot 2, Brookings Mall Addition).

     Roger and Verla Carpenter have applied to transfer their current On-Off
     Sale Malt License for Carpy’s Pub from 700 22nd Ave. South to a new
     location on the west side of the Brookings Mall. The applicants are
     requesting a “location only” transfer and not ownership. Please note this
     alcohol transfer would also include their video lottery license. If approved,
     this license would be effective immediately and then subject to annual
     renewal.

     A public hearing and City Council action are required for all alcohol related
     items including the transfer of an existing business to a new location.

     All the required documents have been submitted for this application. Staff
     recommends approval.



     State Statutes:
     SDCL 35-2-1.2 provides all applications for retail licenses ...shall be submitted to the governing board of
     the municipality within which the applicant intends to operate...The governing board: "shall have discretion
     to approve or disapprove the application depending on whether it deems the applicant a suitable person
     to hold such license and whether it considers the proposed location suitable."

     SDCL 35-2-6.2 provides the "character" requirements for alcoholic beverage licensees:
     "Any license under this title...must be a person of good moral character, never convicted of a felony, and,
     if a corporation, the managing officers thereof must have like qualifications. "

     Procedure for issuance of licenses:
     Procedurally, SDCL 35-2-3 provides that "no license for the on or off-sale at retail of alcoholic
     beverages...shall be granted to an applicant for any such license, except after public hearing, upon notice."

     SDCL 35-2-5 provides the procedure for the time and place of hearing and for publication of notice. If an
     application for a license is refused, "no further application may be received from a person until after the
     expiration of one year from the date of a refused application."




                                                                                                                61
                                                                                              City of Brookings
                                                                                                   July 26, 2011


      City Ordinance:
      Chapter 6, Article 2, Section 5-42 of the City Code of Ordinances pertaining to Application Review
      Procedure.

      Sec. 6-42. - Application review procedure
      The city council shall review all applications submitted to the city for available on-sale alcoholic beverage
      agreements and for all alcoholic beverage licenses in accordance with SDCL ch. 35-2 (SDCL 35-2-1 et
      seq.) and in accordance with the following factors:
      (1) Type of business which applicant proposes to operate. On-sale alcoholic beverage operating agreements
      and alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations or other
      stores where groceries or gasoline are sold unless it can be established that minors do not regularly
      frequent the establishment.
      (2) Manner in which the business is operated. On-sale alcoholic beverage operating agreements and
      alcoholic beverage licenses may not be issued to establishments which are operated in a manner which
      results in minors regularly frequenting the establishment.
      (3) Extent to which minors are employed in such a place of business. On-sale alcoholic beverage operating
      agreements and alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations
      or other stores where groceries or gasoline are sold and which regularly employ minors.
      (4) Adequacy of the police facilities to properly police the proposed location. The city council shall inquire
      of the city manager whether the police department can adequately police the proposed location.
      (5) Other factors. The hours that business is conducted shall be considered by the city council in its
      review of applications for on-sale alcoholic beverage operating agreements and alcoholic beverage
      licenses.
      (Code 1996, § 5-20)
      State law reference— Local license approval, SDCL 35-2-1.2.

      Summary: SDCL and case law support the premise that the decision to issue an alcoholic beverage license
      is discretionary. The City can assess the character of the applicant and whether the location is suitable. A
      person convicted of a felony is prohibited from applying for a license; therefore, a convicted felon would
      fail the character test. In determining suitable location, the Council may involve the determination of
      whether the location is suitable consistent with the procedure developed through South Dakota Case
      Law. This includes the manner in which the business is operated; the extent to which minors frequent or
      are employed in such place of business; the adequacy of the police facilities to properly police the
      proposed location, and other factors associated with the sale of alcoholic beverages.




City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call

                                                                                                                 62
                                                                                             City of Brookings
                                                                                                  July 26, 2011

Second Readings / Public Hearings

10.   Public Hearing and action on a Temporary On-Sale Malt and On-
      Sale Wine Application for Downtown Brookings Inc. for the Taste
      of Brookings event on August 13th.
      Downtown Brookings Inc. (DBI) has submitted an application for a
      Temporary On-Sale Malt Beverage and On-Sale Wine Retailers License for
      their “Taste of Brookings” event scheduled in the 300 and 400 block of
      Main Avenue on Saturday, August 13. A public hearing and council action is
      required to issue a temporary alcohol license.
      All the required documents have been submitted for this application. Staff
      recommends approval.
      State Law: 35-4-11.4. Any municipality or county may issue:
      (1) A special malt beverage retailers license in conjunction with a special event within the municipality or
      county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed
      pursuant to subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events
      license applicant;
      (2) A special on-sale wine retailers license in conjunction with a special event within the municipality or
      county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed
      pursuant to subdivision 35-4-2(4), (6), or (12) or chapter 35-12 in addition to any other licenses held by
      the special events license applicant;
      (3) A special on-sale license in conjunction with a special event within the municipality or county to any
      civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to
      subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license
      applicant; or
      (4) A special off-sale package wine dealers license in conjunction with a special event within the
      municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any
      licensee licensed pursuant to subdivision 35-4-2(3), (5), (12), (17A), or (19) or chapter 35-12 in addition
      to any other licenses held by the special events license applicant. A special off-sale package wine dealers
      licensee may only sell wine manufactured by a farm winery that is licensed pursuant to chapter 35-12.

      Any license issued pursuant to this section may be issued for a period of time established by the
      municipality or county. However, no period of time may exceed fifteen consecutive days. The local
      governing body may establish rules to regulate and restrict the operation of the special license.

      Section 2. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:
      Any license issued pursuant to section 1 of this Act shall be issued to the person and the location
      specified on the application. Notwithstanding § 35-4-2, the governing body of the municipality or the
      board of county commissioners, as appropriate, shall determine the fee for this license. Each application
      shall be accompanied by the fee prior to consideration by the governing body of the municipality or the
      board of county commissioners. The fee provided for in this section shall be retained by the governing
      body of the municipality or the board of county commissioners issuing the license.


City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call


                                                                                                                63
                                                                             City of Brookings
                                                                                  July 26, 2011

Other Business

11.   Action to award liquor operating agreements:

      A.     Action on Resolution No. 86-11, authorizing the City
             Manager to enter into an operating agreement.
                  Action: Motion to Approve, Request Public Comment, Roll Call

      B.     Action on Resolution No. 87-11, authorizing the City
             Manager to enter into an operating agreement.
                  Action: Motion to Approve, Request Public Comment, Roll Call

      On July 12th the Brookings City Council expressed its intent to issue two operating
      agreements. Adoption of enclosed Resolutions 86 and 87 would authorize the city
      manager to sign new on-sale liquor operating agreements for a one year period.

      The City of Brookings has received the following four applications for the city’s three
      available liquor operating agreements. An invitation to apply was issued on May 3rd with
      a May 31st application deadline.

      1) Bailey’s Shamrock, LLC
         Dba The Shamrock, Tapper’s Bar & Grill
         1004 22nd Avenue
         Owners: Michael Daniel Bailey, Michael Fred Bailey, Leane Jean Bailey

      2) Gonz Productions, Inc.
         Dba Main Street Pub & Grill
         408 Main Avenue
         Owner: Garner Hansen

      3) Old Market, LLC
         Dba Old Market Eatery
         424 5th Avenue
         Owners: Katie Knutson and Jael Thorpe

      4) Brennan & Lorraine Sullivan
         Dba – The Brownstone
         313 Main Avenue
         Owners: Brennan and Lorraine Sullivan


City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call

                                                                                            64
                                                                     City of Brookings
                                                                          July 26, 2011

                                 Resolution No. 86-11
                    __________– Liquor Operating Agreement

Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Renewal Agreement for the Operating Liquor Management
Agreement between the City of Brookings and _______ (owner),
_____________(business) , 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 _______
(address), also known as ___________ (business name).

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 one year.

Passed and approved this 26th day of July 2011.

                                            CITY OF BROOKINGS

                                            Tim Reed, Mayor
ATTEST:

Shari Thornes, City Clerk



                                 Resolution No. 87-11
                    __________– Liquor Operating Agreement

Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Renewal Agreement for the Operating Liquor Management
Agreement between the City of Brookings and _______ (owner),
_____________(business) , 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 _______
(address), also known as ___________ (business name).

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 one year.

Passed and approved this 26th day of July 2011.

                                            CITY OF BROOKINGS

                                            Tim Reed, Mayor
ATTEST:

Shari Thornes, City Clerk


                                                                                       65
                                                                               City of Brookings
                                                                                    July 26, 2011

                           LIQUOR OPERATING AGREEMENT
                              ____________________________
                                   (dba ______________)

        THIS AGREEMENT made and entered into by and between the CITY OF
BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as
the “City” and _________________________ (dba ________________), owner, hereinafter
referred to as the “Manager”.

       WITNESSETH:

      WHEREAS, the City has been issued an on-sale alcoholic beverage license and is
engaged in the sale of alcoholic beverages, and

        WHEREAS, the City desires to enter into an operating agreement on a limited basis with
the Manager for the purpose of operating an on-sale establishment or business for and on behalf
of the City pursuant to law, and

        WHEREAS, the Manager has offered to have facilities in which to operate said on-sale
establishment solely upon the premises hereinafter described.

       NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:

                                               1.

       This Agreement is made and entered into on a limited basis between the parties hereto to
allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of
the terms and conditions of this Agreement in accordance with all State laws and City
Ordinances now in effect and as may be enacted in the future.

                                               2.

        The Manager shall be individually responsible for all operating expenses of said on-sale
establishment, including but not limited to utilities, taxes, insurance and license fees, if any.

        The Manager shall furnish all equipment and fixtures necessary to operate the
establishment.

                                               3.

       The on-sale establishment shall be located upon real estate in the City of Brookings,
South Dakota, described as:

              ______________________________________________________
              _____________________________________________________,
              City of Brookings, Brookings County, South Dakota

                                                                                               66
                                                                                  City of Brookings
                                                                                       July 26, 2011

                                                 4.

        The Manager shall dispense only alcoholic beverages supplied by the Municipal off-sale
establishment.

                                                 5.

        This Agreement shall be in full force and effect for a period of one (1) five (5) years with
the Manager having the option and privilege of a five (5) year extension, subject to the approval
of the governing body of the City of Brookings This Agreement is not subject to an extension,
and therefore terminates at the expiration of one (1) year from the date the Manager first sells
alcoholic beverages pursuant to this Operating Agreement.
                                                 6.
        Either the Manager or the City may terminate this Agreement without cause upon ninety
(90) days written notice served by either party upon the other. The City reserves the right to
immediately suspend or revoke this Agreement without ninety (90) days written notice for
alcohol related violations in accordance with the provisions of Resolution No. 25-88 or any
amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal
off-sale establishment to be sold on the premises of Manager.

                                                 7.

       The Manager shall receive as full compensation for its services rendered, the net profit
from the on-sale establishment under its management, and the sole profit to be derived by the
City shall be the markup hereinafter set forth on alcoholic beverages furnished by the
municipality to the Manager for the purposes of resale on the premises as above described.

                                                 8.

        The Manager shall pay to the City for all alcoholic beverages sold by the City to the
Manager for resale on the above-described premises, the actual cost of distilled spirits and wine
supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to
the City for all malt beverages sold by the City to the Manager for resale on the above-described
premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The
actual cost shall include cost price and transportation charges. The markup percentages provided
in this Agreement are subject to change by the City of Brookings. In the event markup
percentages are changed by Ordinance, then the markup percentages provided by City Ordinance
shall supercede the markup percentages provided herein. The Manager further agrees that if
either of the markup percentages shall be increased at any time by the City, the Manager shall
pay the markup as so increased.




                                                                                                  67
                                                                                 City of Brookings
                                                                                      July 26, 2011

                                                 9.

        A complete and detailed record shall be maintained by the City of all alcoholic beverages
supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by
prenumbered invoices prepared in triplicate showing the date, quantity, brand, size and actual
cost of such item, and such invoice shall bear the signature of the authorized representative of the
on-sale Manager or its authorized representative. One copy thereof shall be retained by the
Municipal off-sale establishment, one copy shall be retained by the on-sale establishment, and
one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and
made available for reference and audit purposes. The Manager also agrees to maintain a
complete record of all alcoholic beverages received from the City.

                                                10.

        In consideration of the covenants and agreements herein contained, The Manager agrees
to pay the CITY OF BROOKINGS an Operating Agreement Fee of Twenty-five Thousand and
no/100 Dollars ($25,000.00) One Thousand Five Hundred and no/100 Dollars ($1,500.00)
constituting the Annual License Fee on or by January 1, 2009, and on or by the first day of each
year thereafter as long as this agreement shall remain in force and effect. The Manager further
agrees that if the annual fee shall be increased at any time by the legislature, the Manager shall
pay the amount of any such increase at or prior to the execution of this Agreement. The
Manager shall be reimbursed by the City the sum of Twenty-two Thousand Five Hundred and
no/100 Dollars ($22,500.00) if this Agreement is not extended beyond a term of one (1) year,
however this provision does not create any obligation of the City to extend this Operating
Agreement beyond its term of one (1) year. In addition, the Manager agrees to pay the federal
stamp fee.

The Manager agrees to pay the CITY OF BROOKINGS, an Annual Renewal License Fee of One
Thousand Five Hundred and no/100 Dollars ($1,500.00), which is due on or by January 1, 2012.
The payment of the Annual Renewal License Fee will not extend the term of this Operating
Agreement beyond the term provided herein.

                                                11.

       The Manager agrees to keep the premises in a neat, clean and attractive appearance, and
Manager further agrees to operate said on-sale establishment only on such days and at such hours
as permitted by state law and city ordinances.

                                                12.

       The Manager shall have the right to return, at any time, alcoholic beverages received
from the City and to receive in return any deposit made for such alcoholic beverages; in the
event of termination of the business, all unused alcoholic beverages, which may be resold
without discount may be returned to the City and the Manager shall be reimbursed for the cost of
such alcoholic beverages.


                                                                                                 68
                                                                                 City of Brookings
                                                                                      July 26, 2011

                                                13.

        The Manager agrees to abide by the credit policies of the City and acknowledges, by
execution of this Agreement, receipt of a copy of the credit policies of the City. The City
reserves the right to change or terminate its credit policies at any time, but shall be required to
provide written notice to Manager prior to the effective date of the change or termination date of
the credit policies.

                                                14.

       The Manager agrees to furnish the City upon demand, evidence of payment of the
following:

       A. All salaries of on-sale employees;
       B. Social Security and withholding taxes on said employees;
       C. Worker’s Compensation insurance premiums covering said employees;
       D. Unemployment taxes on the payrolls of said employees;
       E. General liability insurance protecting both the City and Manager against claims for
          injury or damages to persons or property, said policy to have general liability limits of
          at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million
          Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars
          ($50,000.00) for damage to property. The general liability insurance limits are
          subject to change and Manager agrees to change limits of insurance if required by the
          City;
       F. Rent and utility bills;
       G. Any and all miscellaneous expenses, including taxes;
       H. The Federal stamp fee.

                                                15.

       The Manager agrees to observe all Federal and State laws and all ordinances of the City
of Brookings.

                                                16.

        The City covenants and agrees to furnish the on-sale license to Manager pursuant to the
terms and conditions of this Operating Agreement and the terms and conditions of the on-sale
license.

                                                17.

        The City has shall have the right to make inspections and investigations of the premises
during the hours of operation, and make audits and examinations of the records of the Manager
relating to the on-sale establishment.

                                                18.

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                                                                                City of Brookings
                                                                                     July 26, 2011


       It is further specifically understood and agreed that the waiver of the rights of the City
under this Agreement shall not constitute a continuous waiver, and any violation or breach of the
terms of this agreement by the Manager shall constitute a separate and distinct offense and
grounds for immediate termination and revocation of this Agreement.

                                                19.

       This agreement shall not be assignable to another person or location without the written
consent of the City.

IN WITNESS WHEREOF, the parties hereto have executed this agreement this _____ day of
July, 2011.

                                               CITY OF BROOKINGS, South Dakota
                                               A Municipal Corporation


                                         By:
                                               Jeffrey W. Weldon, City Manager
ATTEST:



Shari Thornes, Brookings City Clerk

                                               MANAGER


                                               By:
                                                     Operating Agreement/Business Owner
                                                     Representative




                                                                                               70
                                                                    City of Brookings
                                                                         July 26, 2011

Other Business

12.   Discussion and possible action on Street Width Request for “The
      Landing” in Prairie Hills Addition.

      Attached is a request from Mills Development Corporation, the developer
      of “The Landing at Prairie Hills”, for a variance from our engineer design
      standards with regard to street width for a portion of the development.
      The streets would service the townhome portion of the project that is
      served by proposed streets Goldenrod Trail, Sunflower Road and
      Chokecherry Lane. The request is to reduce the width of the streets from
      31 feet to 28 feet. These would be city-dedicated streets and would not be
      retained privately by the development through an association agreement,
      which is what was done at some residences such as Meadow Green, for
      example.

      Staff recommends approval of the request contingent upon a permanent
      parking prohibition for both sides of the streets. If the developer prefers
      parking is to be permitted on one or both sides, staff recommends denial
      and the minimum street width of 31 feet back-to-back should be retained
      as prescribed in our subdivision regulations for the following reasons:

      Such narrow streets compromise the efficiency and effectiveness of snow
      removal operations. Anything less than 31 feet width with parking makes
      for slow and inefficient snow removal. These streets are too narrow for
      our equipment. We approved narrower streets in Valley View Addition
      with one-side parking based on similar rationale as the Mills request and the
      results have been extremely negative. Residents clearly do not like the
      narrow streets and the quality of our snow removal operations there are
      severely compromised.

      The argument that wider streets are more expensive is accurate, but cost-
      cutting measures by the developer that results into compromising the
      quality and performance of the subdivision improvements, especially where
      snow removal is concerned, should not be considered. The construction
      standards we have for subdivision improvements are in place for very good
      reasons.



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                                                                  City of Brookings
                                                                       July 26, 2011

      What’s more, such narrow streets make it more difficult for fire trucks to
      navigate in responding to fire calls with narrow turning radii for such
      vehicles. This is further complicated by parked vehicles.

      The developer certainly has the right to construct narrower streets that
      our subdivision regulations prescribe but they should then remain private
      streets if on-street parking is to be permitted. The City should no longer
      accept dedicated streets that are weaker than our stands, which have been
      determined for valid reasons.




City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call


                                                                                 72
                                                                                                 City of Brookings
                                                                                                      July 26, 2011

Other Business

13.   Action on Resolution No. 88-11, a Resolution Declaring
      Jurisdictional Change of County Road 77 (South Main Avenue)
      from 20th Street South to 32nd Street South.

      To: Mayor and Council Members, Jeff Weldon, City Manager and Shari Thornes, City
      Clerk
      From: Steven J. Britzman, Attorney at Law
      Date: July 20, 2011
      Re: Jurisdictional changes of portions of County Road 77 and County Road 16

      Discussion. Both County Road 77 and County Road 16 are presently within the
      County highway system, and therefore are within supervision of the County of
      Brookings. This includes the duty to “construct, maintain and repair” these roads. The
      County, as of this date, has set a date for a public hearing to remove the above-described
      sections of these roads from the County highway system.

      If the County acts to remove these highways from the County highway system, then the
      “responsibility and supervision” of these highways may be assigned to a municipality
      pursuant to SDCL §31-17-16, which provides that “secondary highways on the boundary
      line of any municipality shall be assigned to such municipality and adjoining civil township
      or unorganized territory as provided in §§31-17-5 and 31-17-61.

      SDCL §31-17-16 sets forth the procedure for assignment of responsibility for secondary
      highways on the boundary line of a municipality, and SDCL §9-45-1 authorizes a
      municipality to construct, maintain and repair roads within its jurisdiction. No other
      statutes appear to address the change of jurisdiction over a County highway which has
      been removed from the County highway system, however the statutes cited within this
      memo provide sufficient authority and guidance for the city to accept jurisdiction and full
      responsibility for the portions of the roads described above.
      1
       31-17-5. Boundary highways – Secondary highway on county line – Assignment of responsibility.
      The secondary highways on county lines shall be assigned to the charge of the boards of supervisors of organized
      civil townships or the board of county commissioners in the case of unorganized territory as may be agreed upon
      by the respective boards of county commissioners and in case of disagreement, as determined by the
      transportation commission.

      31-17-6. Boundary highways – Secondary highway on township line – Assignment of responsibility.
      The secondary highways wholly within one county on lines between organized townships shall be assigned to the
      charge of such townships as the respective boards of supervisors may agree, and, in case of disagreement, as the
      board of county commissioners shall determine; and those on the line between organized civil townships and
      unorganized territory as the board of commissioners shall determine.


City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call

                                                                                                                    74
                                                                               City of Brookings
                                                                                    July 26, 2011

                                Resolution No. 88-11
    A Resolution declaring Jurisdictional change of County Road 77 (South Main
               Avenue) from 20th Street South to 32nd Street South

Be It Resolved by the City Council of the City of Brookings, South Dakota (the “City”), as
follows:

Whereas, the City of Brookings transportation plan provides for improvements of South Main
Avenue to a three-lane urban design (five-lane long term) with pedestrian ways and storm
drainage. The proposed improvements would extend from 20th Street South to 32nd Street
South. This road section is currently under the jurisdictional control of Brookings County; and

Whereas, the purpose of this resolution is to accept the jurisdictional control by the City of
Brookings of County Road 77 (South Main Avenue) from 20th Street South to 32nd Street South.
Jurisdictional control will allow the City to plan, finance and construct the street improvements
necessary to improve transportation, drainage and safety to accommodate current and future
growth; and

Whereas, SDCL §31-17-16 sets forth the procedure for assignment of responsibility for
secondary highways on the boundary line of a municipality, and SDCL §9-45-1 authorizes a
municipality to construct, maintain and repair roads within its jurisdiction, and

Whereas, the County of Brookings, having removed the above-described highway from the
County highway system,

Now, Therefore, the City of Brookings hereby accepts responsibility for the highway described
in this Resolution pursuant to applicable law, thereby including the above-described highway
within its jurisdiction.

Passed and approved on the 26th day of July, 2011.

                                            CITY OF BROOKINGS, SD

                                            Tim Reed, Mayor
ATTEST:

Shari Thornes, City Clerk




                                                                                              75
                                                                                                 City of Brookings
                                                                                                      July 26, 2011

Other Business

14.   Action on Resolution No. 89-11, a Resolution Declaring
      Jurisdictional Change of County Road 16 (20th Street South) from
      Main Avenue West to Rio Grand Avenue.

      To: Mayor and Council Members, Jeff Weldon, City Manager and Shari Thornes, City
      Clerk
      From: Steven J. Britzman, Attorney at Law
      Date: July 20, 2011
      Re: Jurisdictional changes of portions of County Road 77 and County Road 16

      Discussion Both County Road 77 and County Road 16 are presently within the
      County highway system, and therefore are within supervision of the County of
      Brookings. This includes the duty to “construct, maintain and repair” these roads. The
      County, as of this date, has set a date for a public hearing to remove the above-described
      sections of these roads from the County highway system.

      If the County acts to remove these highways from the County highway system, then the
      “responsibility and supervision” of these highways may be assigned to a municipality
      pursuant to SDCL §31-17-16, which provides that “secondary highways on the boundary
      line of any municipality shall be assigned to such municipality and adjoining civil township
      or unorganized territory as provided in §§31-17-5 and 31-17-61.

      SDCL §31-17-16 sets forth the procedure for assignment of responsibility for secondary
      highways on the boundary line of a municipality, and SDCL §9-45-1 authorizes a
      municipality to construct, maintain and repair roads within its jurisdiction. No other
      statutes appear to address the change of jurisdiction over a County highway which has
      been removed from the County highway system, however the statutes cited within this
      memo provide sufficient authority and guidance for the city to accept jurisdiction and full
      responsibility for the portions of the roads described above.
      1
       31-17-5. Boundary highways – Secondary highway on county line – Assignment of responsibility.
      The secondary highways on county lines shall be assigned to the charge of the boards of supervisors of organized
      civil townships or the board of county commissioners in the case of unorganized territory as may be agreed upon
      by the respective boards of county commissioners and in case of disagreement, as determined by the
      transportation commission.

      31-17-6. Boundary highways – Secondary highway on township line – Assignment of responsibility.
      The secondary highways wholly within one county on lines between organized townships shall be assigned to the
      charge of such townships as the respective boards of supervisors may agree, and, in case of disagreement, as the
      board of county commissioners shall determine; and those on the line between organized civil townships and
      unorganized territory as the board of commissioners shall determine.


City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call

                                                                                                                    76
                                                                                City of Brookings
                                                                                     July 26, 2011

                                Resolution No. 89-11
A Resolution declaring Jurisdictional Change of County Road 16 (20th Street South)
                  from Main Avenue west to Rio Grand Avenue

Be It Resolved by the City Council of the City of Brookings, South Dakota (the “City”), as
follows:

Whereas, the City of Brookings long-range transportation plan provides for improvements of
20th Street to a three-lane urban design with pedestrian ways and storm drainage. The
proposed improvements would extend from Main Avenue west to Rio Grand Avenue. This
road section is currently under the jurisdictional control of Brookings County; and

Whereas, the purpose of this resolution is to accept the jurisdictional control by the City of
Brookings of County Road 16 (20th Street South) from Main Avenue west to Rio Grand
Avenue. Jurisdictional control will allow the City to plan, finance and construct the street
improvements necessary to improve transportation, drainage and safety to accommodate
current and future growth; and

Whereas, SDCL §31-17-16 sets forth the procedure for assignment of responsibility for
secondary highways on the boundary line of a municipality, and SDCL §9-45-1 authorizes a
municipality to construct, maintain and repair roads within its jurisdiction, and

Whereas, the County of Brookings, having removed the above-described highway from the
County highway system,

Now, Therefore, the City of Brookings hereby accepts responsibility for the highway described
in this Resolution pursuant to applicable law, thereby including the above-described highway
within its jurisdiction.

Passed and approved on the 26th day of July, 2011.

                                             CITY OF BROOKINGS, SD

                                             Tim Reed, Mayor
ATTEST:

Shari Thornes, City Clerk




                                                                                                 77
                                                                 City of Brookings
                                                                      July 26, 2011

Other Business

15.   Review of Parade Safety Issues.


      On July 12th Council Member Kubal expressed concerns regarding the
      Fourth of July Parade and requested a review of parade safety issues.

      The following background information is enclosed for this discussion:
       “Safety Concerns for July 4 Parade,” John Kubal, dated June 20, 2005

       Brookings Traffic Safety Committee, July 12, 2007 Minutes

       Article provided by Council Member Kubal: “Back on the Farm”

       Article provided by Council Member Kubal: “Tractor Passengers are
        Tractor ‘Accidents’ Waiting to Happen”

       Summary of City Council parade related discussions and actions from
        2005 to present.




                                                                                78
                                                                                 City of Brookings
                                                                                      July 26, 2011

Brookings City Council Actions Pertaining to Parades:


Brookings City Council - April 11, 1995
The City Commission met in regular session at 2:00 PM with the following members present:
Mayor Hauschild, Klavetter, Artz, Murra and Prunty.
Alan Glover, City Attorney, was present.

A public hearing and second reading of Ordinance No. 10-95, establishing set of regulations for
parade participants and observers in the City of Brookings was held. All present were given the
opportunity to be heard. Motion was made by Murra, seconded by Prunty approving Ordinance
No. 10-95. All members voted YES; motion carried.

                            ORDINANCE NO. 10-95
          AN ORDINANCE ESTABLISHING SAFETY REGULATIONS FOR PARADE
            PARTICIPANTS AND OBSERVERS IN THE CITY OF BROOKINGS,

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS,
SOUTH DAKOTA AS FOLLOWS, TO-WIT:
                                  I.
Section 1: Definitions.

Float: "Float" shall mean vehicle with a platform to carry an exhibit during a parade.

Parade: "Parade" shall mean any procession, march or assembly wherein the participants travel
by foot, vehicle or animal in or upon any street or public right-of-way within the city and which
does not comply with normal and usual traffic regulations and controls.

Parade Observer: "Parade Observer" shall mean any person who is not a parade participant and
who is located within thirty (30') feet of the street or public right-of-way during a parade.

Parade Organizer: The sponsor of the parade or an authorized representative of the sponsor of
the parade.

Parade Participant: "Parade participant" shall mean any person who travels by foot, vehicle or
animal in any parade.

Vehicle: Any automobile, truck, tractor, implement, motorcycle, bicycle, skateboard, scooter or
any other means of transportation, whether motorized or not motorized.

Section 2: Prohibitions.

The following prohibitions shall apply to all parades:




                                                                                                 85
                                                                                  City of Brookings
                                                                                       July 26, 2011

        (a) It shall be unlawful for any parade participant to throw, toss or distribute candy, toys
or other objects to parade observers or others during a parade, except the Chief of Police may
designate an official vehicle or vehicles from which candy, toys or other objects may be
distributed to parade observers.

        (c) It shall be unlawful for any parade observer to impede or interfere with the progress
of any parade or marching band or to cause a parade participant to stop a parade vehicle during
a parade.

       (d) It shall be unlawful for any parade observer to throw or toss any object toward a
parade participant during a parade.

Section 3: Safety Regulations for Distribution of candy. toys or other objects from official
vehicle during parades.

        (a) Upon request by the parade organizer, the Chief of Police shall designate an official
vehicle from which candy, toys or other objects may be distributed to parade observers.

       (b) The official vehicle shall be the first or lead vehicle in the parade and shall be
operated one hundred (1 00') feet ahead of all other parade vehicles, marching bands, floats and
parade participants.

        (c) Candy, toys or other objects may be tossed or gently thrown from the official
vehicle to parade observers. Candy, toys or other objects shall not be handed or placed
directly in the hand of parade observers by individuals distributing candy, toys or objects from
an official vehicle.

       (d) Parade observers shall not approach the official vehicle to obtain candy, toys or
objects. Parade observers shall remain upon the sidewalk, boulevard, curb or upon the public
street within five (5') feet of the curb which is adjacent to the public street while candy, toys or
other objects are distributed from an official vehicle.

                                                 II.

Any ordinances in conflict herewith are hereby repealed.

FIRST READING: April 4, 1995
SECOND READING: April 11, 1995
PUBLISHED: April 17, 1995




                                                                                                  86
                                                                                 City of Brookings
                                                                                      July 26, 2011

Brookings City Council - November 13, 2000
The Brookings City Council convened in regular session on Monday, November 13, 2000 at
5:30 p.m. in City Hall with the following members present: Mayor Virgil Herriott, Mike
McClemans, Tom Bozied, Nate Bibby, Keri Weems, Bill Davidson and Sam Artz. City Manager
Michael Williams and City Attorney Steve Britzman were present.

Ordinance No. 28-00 – Cany at Parades. Motion was made by Bibby, seconded by Artz,
approving the second reading on Ordinance No. 28-00, an Ordinance amending Section 34-351
and repealing Section 34-352 of the Revised Ordinances of the City of Brookings and pertaining
to safety regulations for parade participants and observers. All members voted YES; motion
carried.

                         ORDINANCE NO. 28-00
     AN ORDINANCE AMENDING SECTION 34-351 AND REPEALING SECTION 34-352
OF THE REVISED ORDINANCES OF THE CITY OF BROOKINGS AND PERTAINING TO
SAFETY REGULATIONS FOR PARADE PARTICIPANTS AND OBSERVERS

    BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF
BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS:

                                                 I.

Sec. 34-351. Safety Regulations for Parade Participants and Observers

The following regulations shall apply to all parades:
(a)     It shall be unlawful for any parade participant to throw, toss or distribute candy, toys or
other objects from a float or vehicle in a parade to parade observers or others during a parade.

(b)     Candy, toys or other objects may be handed or gently tossed by parade participants to
parade observers provided the parade participant distributing candy, toys or other objects stays
within five feet of the curb.

(c)     It shall be unlawful for any parade observer to impede or interfere with the progress of
any parade or marching band or to cause a parade participant to stop a parade vehicle during a
parade.

(d)     It shall be unlawful for any parade observer to throw or toss any object toward a parade
participant during a parade.
                                                 II.
Ordinance 34-352 is hereby repealed and any or all other ordinances in conflict herewith are
hereby repealed.

FIRST READING:                October 23, 2000
SECOND READING:               November 13, 2000
PUBLISHED:                    November 17, 2000


                                                                                                87
                                                                               City of Brookings
                                                                                    July 26, 2011

Brookings City Council - July 1, 2002
The Brookings City Council convened in a planning session on Monday, July 1, 2002 at 2:00 p.m.
in the meeting room at City Hall with the following members present: Mayor Virgil Herriott,
Council Members Mike McClemans, Tom Bozied, Keri Weems, Scott Munsterman, Sam Artz
and Doris Roden (arrived at 2:18 p.m.). City Manager Michael Williams and City Attorney
Steve Britzman were also present. The Council toured the Brookings Municipal Liquor Store at
1:00 p.m. prior to the meeting. Mayor Herriott called the meeting to order 2:00 p.m. Item 9
pertaining to the July 4th parade was deleted. Discussion regarding Charter Commission issues
and a City Council member replacement process was added to the agenda. Motion was made
by Weems, seconded by McClemans, to adjourn by 5:00 p.m. All present voted yes; motion
carried.


Brookings City Council – October 25,2005
City Council Introduction of Topics for Future Discussion.
Candy – Parades. Thomson requested a review of the ordinance that prohibits throwing candy at
parades. A motion was made by Thomson, seconded by Reitz, to revisit the ordinance that prohibits
throwing candy at parades. All present voted yes; motion carried.

Brookings City Council - November 15, 2005
Ordinance No. 28-00 – Parade Safety Regulations. The Council reviewed Ordinance No. 28-
00, an ordinance amending Section 34-351 and repealing Section 34-352 of the Revised
Ordinances of the City of Brookings and pertaining to safety regulations for parade participants
and observers which was adopted 11/17/2000.

Police Chief Tim Tompkins questioned what enforcement action would be appropriate. He
said local law enforcement would not stop a parade float because candy was thrown. He
recommended changing the ordinance because it currently isn’t enforceable. He noted that
Donna Langland, City Human Resources Director, has done some research on the issue.

The consensus was to leave the ordinance alone.




                                                                                              88
                 City of Brookings
                      July 26, 2011

16.   Adjourn.




                                89

								
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