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Home My WebLink About2017_02_14 CC PKTCity Council City of Brookings Meeting Agenda Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 Vision Statement: "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, February 14, 2017 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. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Consent Agenda: Action: 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. 3.A. Action to approve the agenda. 3.B.ID 2017-0077 Action to approve the January 17 and January 24 City Council Minutes. 1/17/2017 Minutes 1/24/2017 Minutes Attachments: 3.C.ID 2017-0118 Action to add a Council Meeting on March 14, 2017 at 6:00 p.m. 3.D.ID 2017-0094 Action on Abatement of Property Taxes for 703 2nd Street South, otherwise known as Parcel No. 40575-00100-002-10, in the amount of Page 1 City of Brookings February 14, 2017City Council Meeting Agenda $151.31. 3.E.RES 17-002 Action on Resolution 17-002, a Resolution authorizing the City Manager to sign a Restaurant Liquor Operating Agreement 5-year renewal for Brookings Steak Co., dba Whiskey Creek Wood Fire Grill, James Gardner, owner, 621 32nd Ave., legal description: SE corner of Block 1, Wiese Addition. Resolution Operating Agreement Attachments: 3.F.RES 17-016 Action on Resolution 17-016, a Resolution approving Change Order No. 1 (Final) for 2016-01SWR, Concrete Maintenance Project; Timmons Construction. ResolutionAttachments: 3.G.RES 17-017 Action on Resolution 17-017, a Federal Aid Surface Transportation Program Delete Resolution for County and Urban Projects. ResolutionAttachments: 3.H.RES 17-018 Action on Resolution 17-018, a Resolution declaring Airport Equipment as Surplus Property: Airport Rosco Sweep Pro Broom. ResolutionAttachments: 3.I.RES 17-019 Action on Resolution 17-019, a Resolution approving a Right-of-Way Easement for the Brookings Regional Landfill. Resolution Easement Map-SV Energy Attachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.A. Open Forum. 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. 5.B. SDSU Student Association Report. 6. Contracts/Change Orders: 6.A.RES 17-013 Action on Resolution 17-013, a Resolution approving Change Order #1 and #2 (Final) for the Swiftel Center Flooring Repair Project. ResolutionAttachments: Page 2 City of Brookings February 14, 2017City Council Meeting Agenda Action: Motion to Approve, Request Public Comment, Roll Call 6.B.RES 17-014 Action on Resolution 17-014, a Resolution awarding the Contract on a new 2017 4-Wheel Utility Work Machine with Attachments for the Brookings Regional Airport. ResolutionAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.C.RES 17-020 Action on Resolution 17-020, a Resolution awarding the Contract for Construction of the South Main Avenue Fire Station. Resolution Bid Tabulation Architect Rendering Revised Budget Summary Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7. Ordinance First Readings: 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. 7.A.ORD 17-002 Introduction and First Reading on Ordinance 17-002, an Ordinance rezoning the North 405 feet of the South 670 feet in the SW ¼ SW ¼ excluding the platted areas of Section 36-T110-R50W and Lot 100, Windermere Pointe Addition, excluding the south 225 feet, from a Business B-2 District and a Business B-2A Office District to a Residence R-3 Apartment District (location: North of 20th Street South and west of Windermere Addition). Public Hearing: February 28, 2017. Ordinance Planning Commission Minutes 2-7-2017 Hearing Notice Current Zoning Proposed Zoning Exhibit- Current Zoning Exhibit- Proposed Zoning Attachments: 7.B.ORD 17-003 Introduction and First Reading on Ordinance 17-003, an Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to accessory building location for the purposes of administration of the Zoning Ordinance. Public Hearing: February 28, 2017. Ordinance Ordinance- Marked Up Hearing Notice Planning Commission Minutes 2-7-2017 Attachments: 7.C.ORD 17-004 Introduction and First Reading on Ordinance 17-004, an Ordinance Page 3 City of Brookings February 14, 2017City Council Meeting Agenda amending the Subdivision Regulations of the City of Brookings and pertaining to secondary access for residential subdivisions for purposes of administration of the Subdivision Ordinance. Public Hearing: February 28, 2017. Ordinance Hearing Notice Planning Commission Minutes 2-7-2017 Single Family - Single Access Multi Family - Single Access Single Family - Multiple Access Multi Family - Multiple Access Presentation Attachments: 7.D.ORD 17-005 Introduction and First Reading on Ordinance 17-005, an Ordinance amending the Zoning Ordinance of the City of Brookings to include wholesale trade with storage yard as a Conditional Use in the Business B-3 District of the Zoning Ordinance. Public Hearing: February 28, 2017. Ordinance Hearing Notice Planning Commission Minutes 2-7-2017 B-3 Heavy District Regulations City Zoning Map Attachments: 7.E.ORD 17-006 Introduction and First Reading on Ordinance 17-006, an Ordinance amending Article II of Chapter 22 of the Code of Ordinances of the City of Brookings and Pertaining to the 2015 International Residential Code with Certain Amendments on Frost Protection. Public Hearing: February 28, 2017. Ordinance - clean Ordinance - marked Board of Appeals Minutes Excerpt 1-3-2017 Attachments: 8. Public Hearings and Second Readings: 8.A.RES 17-011 Public Hearing and Action on Resolution 17-011, a Resolution upon a Petition to Vacate a Portion of Western Avenue located in the SW ¼ of the NW ¼ of Section 26, T110N, R50W and the SE ¼ of the NE ¼ of Section 27, T110N, R50W. Page 4 City of Brookings February 14, 2017City Council Meeting Agenda Resolution Planning Commission Minutes 1-3-2017 Vicinity Map Exhibit A Map BMU Electrical Map BMU Sewer Map Plat - Right-of-Way Dedication Planning Commission Notice City Council Notice Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.B.RES 17-015 Public Hearing and Action on Resolution 17-015, a Resolution of Intent to Lease Real Property at the Brookings Airport Terminal Building to Isaac Wilde. ResolutionAttachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9. Other Business: 9.A.ID 2017-0048 Demonstration of the City of Brookings Open Budget Website. 10. 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. A majority vote is required. 11. Adjourn. Brookings City Council: Scott Munsterman, Mayor, Keith Corbett, Deputy Mayor & Council Member Council Members Patty Bacon, Dan Hansen, Mary Kidwiler, Ope Niemeyer, and Nick Wendell 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 Assisted Listening Systems (ALS) are available upon request. Please contact Shari Thornes, Brookings City Clerk, at (605)692-6281 or sthornes@cityofbrookings.org. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at (605)692-6281 at least three working days prior to the meeting. Page 5 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2017-0077,Version:1 Action to approve the January 17 and January 24 City Council Minutes. Attachments: 1/17/2017 Minutes 1/24/2017 Minutes City of Brookings Printed on 2/8/2017Page 1 of 1 powered by Legistar™ Brookings City Council January 17, 2017 (unapproved) The Brookings City Council held a Study Session on Tuesday, January 17, 2017 at 5:00 p.m., at City Hall with the following members present: Mayor Scott Munsterman, Council Members Keith Corbett, Nick Wendell, Dan Hansen, Mary Kidwiler, Patty Bacon, and Ope Niemeyer. City Attorney Steve Britzman, City Manager Jeffrey Weldon, and City Clerk Shari Thornes were also present. Discussion topics included a presentation by Dr. Barry H. Dunn, President, SDSU, on the remodel and expansion of the Animal Disease Research and Diagnostic Laboratory; a presentation from Advocates for Well-Being Group; continued discussion on the 20th Street South / 214th Street / I-29 Overpass / Interchange; a report on the National League of Cities Conference; a report on Growing Sustainable Communities Conference, and City Council Ex-Officio Reports. Mayor Munsterman suggested eliminating study sessions on the third Tuesday. The Council agreed to cancel sessions through May and re-evaluate after the election. Adjourn. A motion was made by Council Member Corbett, seconded by Council Member Hansen, to adjourn the meeting at 6:48 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS Scott Munsterman, Mayor ATTEST: Shari Thornes, City Clerk Brookings City Council January 24, 2017 (unapproved) The Brookings City Council held a meeting on Tuesday, January 24, 2017 at 6:00 p.m., at City Hall with the following City Council members present: Deputy Mayor Keith Corbett, Council Members Mary Kidwiler, Dan Hansen, Ope Niemeyer, Nick Wendell, and Patty Bacon. Mayor Scott Munsterman was absent. City Manager Jeffrey Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Consent Agenda. A motion was made by Council Member Niemeyer, seconded by Council Member Kidwiler, to approve the Consent Agenda. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell, Absent: 1 – Munsterman. 3.A. Action to approve the agenda. 3.B. Action to approve the January 10, 2017 City Council Minutes. 3.C. Action to approve 2017 Volunteer Listing for Work Comp Coverage: Dakota Nature Park: Jesse Alberts, Tanna Becker, Andrea Birchma, Shawna Broderick, Ben Carper, Keaha Fenwick, Hope Gauger, Austin Green, Tyler Hansen, Jordan Hilbert, Ross Julson, Aaron Knowdki, Kira Loftesness, Ben Margeson, Caleb McKinley, Carissa Metzger, Colleen Nelson, Justin Perry, Allison Smer, Taryn Ragels, Ian Rinken, Matthew Schmit, Paige Venard, Judy Vondruska; City Parks: Joshua Homann, Craig Weber; EdgeBrook Golf Course Youth: Madison Ammann; EdgeBrook Golf Course Adults: Sydney Bormann, Brianna Clemenson, Nathaniel Condelli, Raejean Gee, Greg Heiberger, Paige Meester, Doug Smith; Fire Dept.: Major Anderson, Kurt Athey, Tim Austin, Kevin Banken, Alex Berkness, Derek Brown, Dan Bruna, Bret Christianson, Tom Coughlin, Mandi Cramer, Roger DeBates, Gary DeBeer, Tyler Frick, Monte Gummer, Tyler Hageman, Scott Hallan, Bill Hardin, Bob Heitkamp, Troy Herrig, Kevin Hilmoe, Dalton Holm, Dave Koch, Jim Kriese, Mike Lambertus, Brett Lawrence, Brandon Long, Joshua Mann, Lori Mergen, Dave Miller, Nick Oines, Dave Owens, Jeremy Paulsen, Keven Perry, Justin Redmond, Steven Rensink, Scott Rentschler, Jared Runge, Pastor Tim Rynearson (Fire Chaplain), Rob Schuneman, Jeremy Scott, Michael Scott, Tabithia Scott, Austin Sechser, Darin Sinner, Luke Speakman, Curt Teal, Nathan Vandersnick, Adam Vaux, Rainer Westall, Fabian Ysker; Fire Dept. Auxiliary Members: Cathy Bolzer, Sarita Hartmann, Leanne Banken, Tammy Bruna, Jen Christianson, Barb DeBeer, Sheila Gummer, Diane Kriese, Katie Lambertus, Jaque Mann, Debbie Perry, Deshawn Scott, Amber Vandersnick, Camrin Vaux; City Library Youth: Rebekah Bonnemann, Jenny Jin, Victoria Lippert, George Roy, Isla Roy, Luke Vanderzee, Alice Wimberly; City Library Adults: Sandra Ballou, Dora Harste, Ellen Herrboldt, Mary McCaa, Norma Nielsen, Harriet Svec, Karen Sween, Mason Wheeler; City Police Dept. Reserve Unit: Mark Anawski, Justin Borns, Kevin Catlin, Rachel (Gacke) Holm, Steve Hougland, Kay Lindgren, Matt Luebbert, Jaque Mann, Joshua Mann, Jim McDaniel, Keven Perry, Ben Quam, Mark Reif, Michael Scott; City Landfill Youth: Kaylyn Chapman, Asher Engelmann, Hannah Engelmann, Hailey Haines, Catherine Klein, Raymond Klein, Brayton Mack, Brinleigh Mack, Lane Thompson, Maddisyn Thompson, Andrew Weelborg, Matthew Weelborg; City Landfill Adults: Beverly Chapman, Kim Ellingson, Alis Golombeski, Kenneth Larson, Scott Mack, Sonia Mack, Kathy Snook, Richard Snook, Dawn Weelborg; City Park & Recreation: Nicholas Abegglen, Curtis Ahmann, Neil Andal, William Aylor, Chad Bachman, Ken Briggs, Andrea Boglic, Stefano Cezar Blatt, Jennifer Chandler, Christopher Cirillo, Joy Cordier-Jensen, Kaylee Cushing, Christa Damm, Eric Earley, David Falco, Todd Feige, Cindy Foerster, Jason Goertz, Scott Hallan, Seth Hansen, Shawn Hostler, Jeremie Houtman, Jason Hove, Joshua Huyck, Jeff Jacobson, Michael Jensen, Tylor Johnson, Melissa Kahler, Gregt Kasterner, Mark Kuechenmeister, Shane Kuehl, Jennifer Lacher-Starace, Jason Langland, Jodie Langland, Jeffrey Lee, Elizabeth McClemans, Kyle McCutcheon, Iasmin Monjardim Rosa, Paul O’Neil, Salil Purandare, Stacie Psyk, Graig Reicks, Kyle Sachs, Joe Schefers, Jonathan Schneider, Daniel Schulte, Joseph Schumacher, Robert Seeley, Mike Starace, Annette Streich, Kevin Tetzlaff, Lisa Thompson, Michael Twedt, Jason Warne. 3.D. Action on Resolution 17-010, a Resolution declaring a 1995 Ford Pickup, a 1997 GMC Tandem Axle Dump Truck, a 1998 Balderson Motorgrader Wing, and a 2003 Balderson Motorgrader Wing as surplus property (Street Dept.). Resolution 17-010 - Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings Street Department: One (1) 1995 Ford Pickup Model F150, Serial Number 1FTEF15N8SLB46405; One (1) 1997 GMC Tandem Axle Dump Truck Model C7, Serial Number 1GDS7H4M2VJ511352; One (1) 1998 Balderson Motorgrader Wing, Serial Number 3WL43052; and One (1) 2003 Balderson Motorgrader Wing, Serial Number 74W00742. Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; and 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, SD, that this property be declared surplus property according to SDCL Chapter 6-13. 3.E. Action to cancel the February 21, March 21, and April 18 City Council Study Sessions. 3.F. Action on Human Rights Commission student appointment:Meagan Irvine- Miller (term expires 5/1/2017). Presentation of annual Dr. Martin Luther King, Jr. Contest Winners. In celebration of Dr. King’s birthday, the Brookings Human Rights Commission sponsored a poster contest for elementary and intermediate school students and an essay contest for middle school and high school students to help students reflect on Dr. King’s ideas and their impact on the community. This year’s theme for the poster contest was “The Time Is Always Right To Do The Right Thing.” The theme for the essay contest was “What is the significance of the National Museum of African American History and Culture.” Deputy Mayor Keith Corbett presented the following winners with their awards: Grade K-1 Poster: 1 st Place – Crosby Skyberg, 2 nd Place – Sanhita Tummala, Honorable Mentions – Delilah Muckley-Ullom, Lee Boltjes, and Grace Romsa. Grade 2-3 Poster: 1st Place – Olivia Hove, 2 nd Place – Anika Hooda, 3 rd Place – Bryce Redlinger, Honorable Mentions – Jase Bauer, Sam Caugherty, and Sydney Stoel. Grade 4-5 Poster: 1 st Place – Kennedy Nemitz, 2 nd Place – Dinithi Senevirathne, 3 rd Place – James Dahl. Middle School Essay: 1 st Place – Aditya Tummala, 2 nd Place – Isha Hooda, 3 rd Place – Tristina Ting, and Honorable Mention – Prasoon Kharel. High School Essay: 1 st Place – Cynthia Campbell, 2 nd Place – Joseph Park. Resolution 17-006. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Resolution 17-006, a Resolution authorizing Change Order No. 1 (Final) for 2016-07STI Asphalt Concrete Freight on Board Project; Bowes Construction, Inc., be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell, Absent: 1 – Munsterman. Resolution 17-006 - A Resolution Authorizing Change Order No. 1 (Final), for 2016-07STI Freight On Board Project; Bowes Construction Inc. Be It Resolved by the City Council that the following change order be allowed for 2016- 07STI Freight on Board Project: Construction Change Order Number 1 Final. Adjust estimated bid quantities to “as-built” quantities for a total increase of $19,171.77 to close out the project. Resolution 17-012. A motion was made by Council Member Kidwiler, seconded by Council Member Bacon, that Resolution 17-012, a Resolution Awarding Bids on Brookings Arts Council (Carnegie Building) Renovation Project to Visions Construction Group of Tea, SD, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell, Absent: 1 – Munsterman. Resolution 17-012 - Resolution Awarding Bids on Brookings Arts Council (Carnegie Building) Renovations Project Whereas, the City of Brookings opened bids for the Brookings Arts Council Renovations on Tuesday, December 20, 2016 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for the Brookings Arts Council Renovations project: Rangel Construction Company: Base Bid - $327,000.00, Alt. 1 - $1,800.00, Alt. 2 - $6,800.00, Alt. 3 - $11,500.00, Alt. 4 - $4,600.00, Alt. 5 - $1,500.00, Unit Price for Plaster Repair - $7.28/SF; Tellinghuisen Construction: Base Bid - $306,000.00, Alt. 1 - $3,240.00, Alt. 2 - $5,300.00, Alt. 3 - $11,700.00, Alt. 4 - $4,330.00, Alt. 5 - $500.00, Unit Price for Plaster Repair - $7.30/SF; Visions Construction Group Inc. Base Bid - $288,000.00, Alt. 1 - $1,785.00, Alt. 2 - $5,150.00, Alt. 3 - $11,800.00, Alt. 4 - $4,530.00, Alt. 5 - $1,250.00, Unit Price for Plaster Repair - $33.00/SF; Mills Construction: Base Bid - $328,400.00, Alt. 1 - $1,480.00, Alt. 2 - $4,885.00, Alt. 3 - $11,800.00, Alt. 4 - $4,570.00, Alt. 5 - $300.00, Unit Price for Plaster Repair - $7.63/SF; Clark Drew Construction: Base Bid - $311,700.00, Alt. 1 - $2,700.00, Alt. 2 - $5,400.00, Alt. 3 - $12,600.00, Alt. 4 - $5,000.00, Alt. 5 - $625.00, Unit Price for Plaster Repair - $14.01/SF; Peska Construction: Base Bid - $387,465.00, Alt. 1 - $3,255.00, Alt. 2 - $7,102.00, Alt. 3 - $18,752.00, Alt. 4 - $7,040.00, Alt. 5 - no bid, Unit Price for Plaster Repair - $12.00/SF; WS Construction Management: Base Bid - $306,037.00, Alt. 1 - $2,800.00, Alt. 2 - $7,078.00, Alt. 3 - $14,025.00, Alt. 4 - $4,682.00, Alt. 5 - $2,300.00, Unit Price for Plaster Repair - $12.00/SF. Now, Therefore, Be It Resolved that the total low base bid and bid alternates of $312,515.00 and unit price of $33.00 per square foot for plaster repair from Visions Construction Group Inc. be accepted. Ordinance 17-001. A public hearing was held on Ordinance 17-001, an Ordinance pertaining to a Conditional Use Permit for a commercial dog kennel on Colburn Tract of the Colburn-Hind Subdivision and Lot 2, Stewart’s Addition (also known as 230 US Highway 14 Bypass). A motion was made by Council Member Hansen, seconded by Council Member Wendell, to approve Ordinance 17-001. The motion carried by the following vote: Yes: 6 – Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell, Absent: 1 – Munsterman. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that the meeting be adjourned at 6:50 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS Scott Munsterman, Mayor ATTEST: Shari Thornes, City Clerk City of Brookings 2017 Payroll (Addendum to the January 24, 2017 City Council Minutes.) E911: Dawna Everett, Communications Operator, 21.78; Baily Jo Galbraith, Communications Operator, 19.37; Emily Johnson, Communications Operator, 18.61; Jolynn Longville, Communications Operator, 21.78; Tracy Nelson, Communications Operator, 21.78; Lisa Radtke, Communications Operator, 20.16; Sara Rentschler, Communications Operator, 21.78; Monic Roland, Communications Operator, 21.78; Mark Stratton, Communications Commander, 5,970.94. Storm Drainage: Derk Hartenhoff, Street Maintenance Technician, 20.33. Council: Patricia Bacon, Council Person, 600.00; Keith Corbett, Council Person, 600.00; Daniel Hansen, Council Person, 600.00; Mary Kidwiler, Council Person, 600.00; Scott Munsterman, Mayor, 800.00; Oepke Niemeyer, Council Person, 600.00; Nicholas Wendell, Council Person, 600.00. City Clerk: Laurie Carruthers, Communications Specialist, 23.63; Bonnie Foster, Deputy City Clerk, 23.63; Shari Thornes, City Clerk, 7,173.72. City Manager: Kevin Catlin, Assistant to the City Manager, 5,399.19; Jeffrey Weldon, City Manager, 13,077.27. Human Resources: Donna Langland, Human Resources Director, 7,521.72; Ashley Plueger, Human Resources Specialist, 23.76. Finance: Shawna Costello, Finance Director, 7,819.42; Rose Davis, Accounting Specialist-Finance, 27.81; Gwendlyn Madsen, Accounting Specialist-Finance, 23.76; Brenda McCracken, Accounting Specialist - Liquor, 27.81. IT: Korku Kponyoh, IT Specialist, 26.35; Reed Walter, IT Specialist, 29.66. Community Development: Katie Bortnem, Code Enforcement Officer, 20.32; Staci Bungard, City Planner, 5,851.04; Sarah Keizer, Code Enforcement Officer, 22.88; Michael Struck, Community Development Director, 8,818.68. Engineering: Thad Drietz, Assistant City Engineer, 6,448.68; Jacqueline Lanning, City Engineer, 10,232.91; Greg Pearson, Engineering & Building Services Technician, 25.23; Jared Thomas, Building Services Administrator, 4,838.85; Lana Schwartz, Office Manager-Engineering/Community Development, 23.34. Police: Timothy Andersen, Patrol Officer, 27.17; Seth Bonnema, Patrol Officer, 24.17; Charles Bush, Patrol Officer, 27.17; Joey Collins, Lieutenant, 6,255.91; Terry Coon, Sergeant, 31.24; Luke DeJong, Patrol Officer, 23.26; Justina Diamond, Lieutenant, 6,256.17; David Erickson, Assistant Chief of Police, 6,964.78; Joseph Fishbaugher, Patrol Officer, 27.17; Brian Franklin, Patrol Officer, 27.17; Drew Garry, Patrol Officer, 27.17; Marci Gebers, Patrol Officer, 27.17; Jorrie Hart, Patrol Officer, 23.26; Daniel Jungen, Lieutenant, 6,255.91; Arlo Jurrens, Patrol Officer, 27.17; Christine Larson, Office Manager-Police, 23.34; Jordon McCaskill, Patrol Officer, 27.17; Daniel McLaughlin, Patrol Officer, 23.26; Jeff Miller, Police Chief, 8,534.39; Emily Mosley, Police Records Clerk, 16.58; Joel Perry, Sergeant, 31.24; Shawn Peterson, Sergeant, 31.24; Geoffrey Pollman, Patrol Officer, 24.17; Michael Popp, Patrol Officer, 23.26; Edward Derrick Powers, Investigative Lieutenant, 6,255.91; Trevor Radtke, Evidence Technician/Clerk, 20.19; Brandon Ridgeway, Patrol Officer, 24.17; Dana Rogers, Patrol Officer, 27.17; Joshua Schneider, Patrol Officer, 27.17; Darin Sinner, Patrol Officer, 26.15; Adam Smith, Patrol Officer, 27.17; Laurie Smith, Patrol Officer, 24.17; Anthony Sonnenburg, Sergeant, 31.24; Eric Warkenthien, Patrol Officer 22.34; Damian Weets, Patrol Officer, 27.17; Jonathan Weinrich, Patrol Officer, 26.15. Fire: Peter Bolzer, Deputy Fire Chief, 6,448.79; Darrell Hartmann, Fire Chief, 7,521.51; Jeremy Scott, Office/Shop Manager, 23.78. Street: Dale Algood, Shop Supervisor/Mechanic, 24.72; Kurt Athey, Street Maintenance Technician, 22.02; Matthew Bartley, Street Superintendent, 5,819.41; James Becker, Heavy Equipment Operator, 24.72; Michael Billet, Street Maintenance Technician; 22.02; Deb Groon, Office Manager-Street, 23.34; Eric Hanson, Street Maintenance Technician, 19.58; Marty, Hendricks, Street Operations Supervisor, 26.21; Todd Johnson, Heavy Equipment Operator, 24.72; Justin Kahler, Temporary Advanced Equipment Operator, 22.45; Pete Kirchhevel, Advanced Equipment Operator, 23.34; Josh McClain, Advanced Equipment Operator, 23.34; John Miraglia, Street Maintenance Technician, 21.16; Todd Smidt, Advanced Equipment Operator, 23.34. Animal Control: Duane Walburg, Animal Control Officer, 24.72. Recreation: Stacy Claussen, Recreation Manager, 5,125.00; Darren Hoff, Recreation Manager, 5,275.74. Park: Patrick Ammann, Building Trades Specialist, 24.72; Joshua Bauman, Parks Supervisor, 22.88; Mark Bren, Shop Supervisor/Mechanic, 24.72; Daniel Brettschneider, Director of Parks, Recreation & Forestry, 7,294.79; William deBlonk, Parks Supervisor, 24.72; Paul Erickson, Parks Supervisor, 24.72; Stephen Hartung, Parks Technician, 19.58; Matthew Hillenbrand, Parks Technician, 18.08; Allen Kruse, Parks & Forestry Superintendent, 5,435.91; Paul Laleman, Parks Technician, 22.02; Mitch Pederson, Parks Technician, 21.16; Brett Torgrude, Building Trades Technician, 22.02; Christi Weidemann, Office Manager – Parks, Recreation & Forestry, 20.73. Forestry: Ryan Burggraff, Forestry Technician, 20.33; Christopher Engbrecht, Forestry Technician, 22.02; Larry Maag, Forestry Supervisor, 24.72; Ross Shafrath, Forestry Technician, 20.33. Library: Pamela Brecht, Community Services Coordinator, 20.76; Alison Bruinsma, Young Adult Services Coordinator, 26.21; Katherine Eberline, Children’s Services Librarian, 26.21; Cathy Enlow, Technology Services Librarian, 29.44; Nita Gill, Adult Services Librarian, 29.44; Ashia Gustafson, Director of Library Services, 5,366.73; Alice Hayes, Circulation Manager, 21.16; Betsy Lenning, Interlibrary Loan Services Coordinator, 19.60; Evan Washechek, Circulations Assistant II/Technician, 18.10. Liquor: Janet Coplan, Liquor Store Manager, 5,812.74; Andrew Ekeland, Liquor Store Sales Associate, 18.47; Brian Hanson, Inventory Control Clerk, 18.46; Robert Lantgen, Liquor Store Sales Associate, 17.10; James Wilson, Liquor Store Sales Associate, 16.44. Airport: Lucas Dahl, Airport Operations/Maintenance Technician, 22.45; Ryan O’Rear, Airport Manager, 5,226.88. Edgebrook Golf Course: Bruce Hovelson, Golf Course Superintendent, 5,867.20; Greg Redenius, Parks Supervisor, 23.78. Solid Waste Collection: Paul Hartley, Sanitation Collector, 22.02; Tim Huber Sanitation Collector, 22.02; Jeremy Janssen, Sanitation Collector, 19.58; Brian Klingbile, Sanitation Collector, 22.02; Aaron Mumby, Sanitation Collector, 22.02; Marvin Privett, Sanitation Collector Supervisor, 24.72. Solid Waste Disposal: Calvin Cook, Solid Waste Worker, 23.34; Todd Langland, Director of Solid Waste Management; 6,652.68; Caryl Larson, Office Manager – Landfill, 23.34; Rodney Olson, Heavy Equipment Operators, 24.72; Jody Osmond, Landfill Supervisor, 26.21; Garry Prussman, Heavy Equipment Operator, 24.72. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2017-0118,Version:1 Action to add a Council Meeting on March 14, 2017 at 6:00 p.m. Summary: State Law requires official Council action to schedule or cancel a meeting. This meeting time was originally cancelled due to the National League of Cities legislative conference in Washington; however, no council members are attending. As part of the comprehensive plan update, our consultant, RDG, has requested a joint kick-off meeting with the City Council and Planning Commission. This will be the primary agenda item. City of Brookings Printed on 2/9/2017Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2017-0094,Version:1 Action on Abatement of Property Taxes for 703 2nd Street South, otherwise known as Parcel No. 40575-00100-002-10, in the amount of $151.31. Summary: This motion will authorize Brookings County to abate $151.31 from the property taxes for 703 2 nd Street South located on the S 80’ of Lots A-B, & the W 5’ of the S 80’ of Lot C, Lot 2, Block 1, Skinners Third Addition, otherwise known as Parcel No. 40575-00100-002-10. Background: The City of Brookings purchased 703 2nd Street South, which is located west of the City Parks Maintenance building. The purchase price was reduced by the amount of the property owner’s share of the property taxes from January 1 through September 15, 2016, which was $552.29. This motion will abate the property taxes from September 15 through December 31, 2016, in the amount of $151.31, since the City was the owner of the property during that time frame. Fiscal Impact: The property tax revenue will be reduced by $151.31. Recommendation: Staff recommends approval. City of Brookings Printed on 2/9/2017Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 17-002,Version:1 Action on Resolution 17-002, a Resolution authorizing the City Manager to sign a Restaurant Liquor Operating Agreement 5-year renewal for Brookings Steak Co., dba Whiskey Creek Wood Fire Grill, James Gardner, owner, 621 32nd Ave., legal description: SE corner of Block 1, Wiese Addition. Summary: The City of Brookings enters into Restaurant Liquor Operating Agreements for 10-year increments. The Operating Agreement for Brookings Steak Co., dba Whiskey Creek Wood Fire Grill, located at 621 32nd Ave., is at the 10-year renewal point. This Resolution would allow the City Manager to enter into the remaining 5-years of the 10-year agreement. Recommendation: Staff recommends approval. Attachments: Resolution Operating Agreement City of Brookings Printed on 2/8/2017Page 1 of 1 powered by Legistar™ Resolution 17-002 Brookings Steak Co., dba Whiskey Creek Wood Fire Grill – Restaurant Liquor Operating Agreement Renewal Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the Operating Liquor Management Agreement between the City of Brookings and Brookings Steak Co., dba Whiskey Creek Wood Fire Grill, James Gardner, owner, 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 621 32nd Avenue. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for the remaining 5-years of the 10-year agreement. Passed and approved this 14th day of February, 2017. CITY OF BROOKINGS Scott Munsterman, Mayor ATTEST: Shari Thornes, City Clerk RESTAURANT LIQUOR OPERATING AGREEMENT Brookings Steak Co., dba Whiskey Creek Wood Fire Grill 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 Brookings Steak Co., dba Whiskey Creek Wood Fire Grill, James Gardner, owner,hereinafter referred to as “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: I. 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. II. 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. III. The on-sale establishment shall be located upon real estate in the City of Brookings, South Dakota, described as: SE corner of Block 1, Wiese Addition IV. The Manager shall dispense only alcoholic beverages supplied by the Municipal Off- Sale establishment. V. This Agreement shall be in full force and effect for the remaining five (5) years of the ten (10) year agreement, subject to the approval of the governing body of the City of Brookings. VI. 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 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. VII. 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. VIII. 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. IX. 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 pre-numbered invoices prepared in triplicate showing the date, quality, 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. X. In consideration of the covenants herein contained, the Manager agrees to pay the CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00), constituting the Annual License Fee on or by the 1st day of November of each year thereafter as long as this agreement shall remain in force and effect. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided therein. 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. XI. 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. XII. 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 of such alcoholic beverages. XIII. 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. XIV. 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 the 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; and G. Any and all miscellaneous expenses, including taxes. XV. The Manager agrees to observe all Federal and State laws and ordinances of the City of Brookings. XVI. 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. XVII. The City has 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. XVIII. 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. XIX. 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 which is effective this 14th day of February, 2017. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST:Jeffrey W. Weldon, City Manager Shari Thornes, City Clerk MANAGER By: By: City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 17-016,Version:1 Action on Resolution 17-016, a Resolution approving Change Order No. 1 (Final) for 2016-01SWR, Concrete Maintenance Project; Timmons Construction. Summary: This resolution will approve Change Order No. 1 (Final) for 2016-01SWR, Concrete Maintenance Project, for a decrease of $5,754.77 to close out the project with Timmons Construction. Background: This project is the annual concrete project and entails construction of miscellaneous concrete work including curb and gutter repair, fillets, valley gutters, curb ramps, and sidewalk along City property. This project also includes homeowner trip hazards which weren’t repaired in the 2015 sidewalk area, which was East of Medary Avenue South and South of Orchard Drive, and the 2016 sidewalk area which was East of Medary Avenue South between 6th Street and Orchard Drive. This resolution adjusts bid quantities to final as-constructed quantities for a decrease of $5,754.77 to the contract to close out the project. This resolution also extends the completion date by 22 working days due to additional work that was added to the project at the City’s request. A summary is as follows: Original Contract Price:$244,463.75 Increase from Previously Approved Change Order:$0.00 Contract Price Prior to this Change Order:$244,463.75 Decrease of this Change Order (No. 1 Final):$5,754.77 Contract Price incorporating this Change Order:$238,708.98 This resolution will approve Change Order No. 1 for a decrease of $5,754.77 to the contract amount and increase the completion date by 22 working days to close out the project. Fiscal Impact: The contract will be decreased by $5,754.77 to close out the project. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 2/9/2017Page 1 of 1 powered by Legistar™ Resolution 17-016 Resolution Authorizing Change Order No. 1 (CCO#1) for 2016-01SWR, Concrete Maintenance Project; Timmons Construction Be It Resolved by the City Council that the following change order be allowed for 2016- 01SWR, Concrete Maintenance Project: Construction Change Order Number 1: Adjust contract plans quantities to as- constructed quantities for a total decrease of $5,754.77 and increase the contract completion date by 22 working days to close out the project. Passed and approved this 14th day of February 2017. CITY OF BROOKINGS ________________________________ Scott Munsterman, Mayor ATTEST: _________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 17-017,Version:1 Action on Resolution 17-017, a Federal Aid Surface Transportation Program Delete Resolution for County and Urban Projects. Summary: This resolution will allow the South Dakota Department of Transportation to delete three projects from the Statewide Transportation Improvement Program, which allow the City to bid the projects at a later date. Background: The SDDOT provides the City of Brookings with funding each year for street projects through the Statewide Transportation Improvement Plan (STIP). The SDDOT changed their program, where they now transfer the funds directly to the municipality and each City can bid their projects instead of the SDDOT performing the bidding and inspection. The City had three projects on the STIP, which are: ·3rd Street from Medary Avenue to 22nd Avenue South, P 3312(04) PCN 04G6 ·Eastbrook Drive from Sunrise Ridge Road to 22nd Avenue South, P 3233(04), PCN 03CS ·Sunrise Ridge Road from 6th Street to Eastbrook Drive, P 3233(03) PCN 03CR The SDDOT indicated all projects on the STIP needed to be constructed by 2018. The City plans to construct the work on these three projects after the 6th Street Project from 20th Avenue to 34th Avenue is completed. This resolution will allow these three projects to be deleted from the STIP and the City will bid them as local construction projects. Fiscal Impact: The City will receive the STIP funds for the three street projects and will use the funds to bid the street projects as local construction projects at a later date. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 2/9/2017Page 1 of 1 powered by Legistar™ Resolution 17-017 Federal Aid Surface Transportation Program Delete Resolution for County and Urban Projects Whereas, the City of Brookings wishes to delete the referenced Projects from the Statewide Transportation Improvement Program (STIP): Location and Length (Project Numbers & PCN Numbers): 3rd Street from Medary Avenue to 22 nd Avenue South, P 3312(04) PCN 04G6 Eastbrook Drive from Sunrise Ridge Road to 22nd Avenue South, P 3233(04), PCN 03CS Sunrise Ridge Road from 6th Street to Eastbrook Drive, P 3233(03) PCN 03CR Now, Therefore, Be It Resolved, that the South Dakota Department of Transportation be and hereby is authorized and requested to withdraw from the STIP the projects described above. Vote of the City Council:Yes ______ No______ Dated at Brookings, SD, this 14th day of February, 2017. CITY OF BROOKINGS ________________________________ Scott Munsterman, Mayor ATTEST: ______________________________________ Shari Thornes, City Clerk (SEAL) City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 17-018,Version:1 Action on Resolution 17-018, a Resolution declaring Airport Equipment as Surplus Property: Airport Rosco Sweep Pro Broom. Summary: This resolution will surplus the Rosco Sweep Pro Broom formerly used at the Brookings Regional Airport. Background: The City has bid a new 4-wheel utility machine for the Brookings Regional Airport, which will have a boom attachment and the older Rosco Sweep Pro Broom is no longer needed. Staff anticipates selling the Rosco Sweep Pro Broom. Fiscal Impact: The proceeds from the broom sale will be deposited into the Airport Fund. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 2/9/2017Page 1 of 1 powered by Legistar™ Resolution 17-018 Declaring Surplus Property: Airport Rosco Broom Whereas, the City of Brookings is the owner of the following described equipment formerly used at the Brookings Regional Airport: One (1) Rosco Sweep Pro Broom, Serial Number 482040303. Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; and 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, SD, that this property be declared surplus property according to SDCL Chapter 6-13. Passed and approved this 14th day of February, 2017. CITY OF BROOKINGS ____________________________ Scott Munsterman, Mayor ATTEST: _________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 17-019,Version:3 Action on Resolution 17-019, a Resolution approving a Right-of-Way Easement for the Brookings Regional Landfill. Summary: Sioux Valley Energy of Colman, South Dakota, is requesting a 25’ easement on the north side of the Landfill property to replace the existing power lines and poles. Background: There are no current easements on file from the previous owner and need to be updated to show the City of Brookings as owner of the property. The City of Brookings purchased the property in 1991 from the Aamot Family to construct the current landfill. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 2/9/2017Page 1 of 1 powered by Legistar™ Prepared by: Landfill / Solid Waste Dept. 47352 30th St. Brookings, SD 57006 Resolution 17-019 Resolution Approving Right-of-Way Easement; Sioux Valley Energy of Colman, SD Whereas, the City of Brookings has designated right-of-way property for public access; and Whereas, the City of Brookings maintains all public right-of-way; and Whereas, the City of Brookings has been requested to allow Sioux Valley Energy of Colman, South Dakota, the Right Of Way Easement on the North 25’ excluding the Public Right of Way of real property in Brookings, County, South Dakota, described as follows: the East Half (E1/2) of Section (8) Township (110) North Range (49) West of the 5th P.M. Brookings County, South Dakota, except Lot One (1) of Aamot Addition located therein; the City of Brookings, Brookings County, South Dakota, for the sole purpose of constructing overhead power lines. Now, Therefore, Be It Resolved that the Right-of-Way Easement for the Landfill property be approved. Passed and approved this 14th day of February, 2017. CITY OF BROOKINGS ________________________________ Scott Munsterman, Mayor ATTEST: _______________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 17-013,Version:1 Action on Resolution 17-013, a Resolution approving Change Order #1 and #2 (Final) for the Swiftel Center Flooring Repair Project. Summary: This resolution will approve Change Order #1 and Change Order #2 (Final) for the Swiftel Center Flooring Repair Project. Background: The Swiftel Center underwent a comprehensive flooring repair project, which included re-sealing the arena floor and re-tiling the kitchen and arena concourse. This amounts to two change orders. The first is for an increase of $6,829.23 associated with schedule changes due to scheduling work around events as well as some unanticipated threshold floor repair at doors. This Change Order was approved by the City Manager to keep the project on schedule and avoid cancellation of significant rental events. The second Change Order is a net increase of $6,966.30 due to additional unanticipated crack repair to the sub-flooring. The bid specifications anticipated 2,350 linear feet of crack repair. Upon removal of the old flooring in certain areas, it was discovered the sub-floor was in worse condition than could have been anticipated thus requiring 7,100 linear feet of crack repair. Fiscal Impact: The original contract:$171,122.00 C.O. #1 $ 6,829.23 C.O. #2 $ 6,966.30 Final contract:$184,917.53 Original budget amount:$195,781.00 Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 2/9/2017Page 1 of 1 powered by Legistar™ Resolution 17-013 A Resolution authorizing Change Order #1 and Change Order #2 (Final) for the Swiftel Center Flooring Repair Project; Clark Drew Construction Be It Resolved by the City Council that the following change order will be allowed for the Swiftel Center Flooring Repair Project: Construction Change Order Number 1 and 2 (Final) Contract adjustment for work schedule changes and unanticipated repairs for a total increase of $13,695.53 between Change Order #1 and Change Order #2 (Final). Passed and approved this 14th day of February, 2017. CITY OF BROOKINGS ____________________ Scott Munsterman, Mayor ATTEST: _____________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 17-014,Version:1 Action on Resolution 17-014, a Resolution awarding the Contract on a new 2017 4-Wheel Utility Work Machine with Attachments for the Brookings Regional Airport. Summary: This resolution will award the contract for a new 2017 4-Wheel Utility Work Machine with a broom and bucket attachment for the Brookings Regional Airport to Bobcat of Brookings, Inc. for the contract amount of $53,871.18. Background: The City advertised for bids for a new 2017 4-Wheel Utility Work Machine with a bucket as the base bid and alternates for a broom and mower attachments. The notice to bidders was sent to 6 dealerships in the region to solicit bids for the work machine. The utility work machine will be paid for with airport funds and was not funded with FAA Grant Funds. The City will surplus and sell the Airport’s 2003 Rosco Sweep Pro Broom, which will no longer be needed with the new work machine with broom attachment. The City held a bid letting on Tuesday, January 24, 2017 and received the following bids: Base Bid Alternate 1 Alternate 2 Angle Broom Attachment Mower Attachment Bobcat of Brookings: $49,141.78 $4,729.40 $4,613.20 The airport budget for this equipment is $55,000. The City recommends awarding the contract to Bobcat of Brookings Inc. for the base bid of $49,141.78 and the Bid Alternate 1, Angle Broom Attachment, for $4,729.40, for a total contract of $53,871.18, which is under the budgeted amount. The City will not award Alternate 2, Mower Attachment, as this will be bid in 2018. Fiscal Impact: The City will enter into a contract with Bobcat of Brookings Inc. for the amount of $53,871.18. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 2/9/2017Page 1 of 1 powered by Legistar™ Resolution 17-014 Resolution Awarding Bids on a New 2017 4-Wheel Utility Work Machine with Attachments for the Brookings Regional Airport Whereas, the City of Brookings opened bids for a new 2017 4-Wheel Utility Work Machine with Attachments on Tuesday, January 24, 2017 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bid: Bobcat of Brookings, Inc. – Base Bid: $49,141.78, Alternate #1 New Angle Broom Attachment: $4,729.40, Alternate #2 New Mower Attachment: $4,613.20. Now Therefore, Be It Resolved, that the award be made to Bobcat of Brookings, Inc. for the low base bid of $49,141.78 and Alternate #1, New Angle Broom Attachment in the amount of $4,729.40 for a total contract of $53,871.18. Passed and approved this 14th day of February, 2017. CITY OF BROOKINGS ________________________________ Scott Munsterman, Mayor ATTEST: _________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 17-020,Version:1 Action on Resolution 17-020, a Resolution awarding the Contract for Construction of the South Main Avenue Fire Station. Summary: A bid opening was held on January 31, 2017 for the construction of the South Main Avenue Fire Station. The low bidder was Clark Drew Construction with a bid of $1,220,000 for the base bid plus a series of alternates. Background: The bid opening produced 12 bids with a range among them of $199,780 for the base bid. The construction documents were structured to identify several features as ‘alternates’ even though many of them were intended to originally be part of the base of the project. The purpose of extrapolating them out of the base project description was to potentially identify some building features that could be eliminated if the Council desired by preserving some options once the costs were known. These options are described on the attached bid tabulation as Alternates 1-7. Alternate 1 is the in-floor heating; a desirable feature and would earn some points toward LEED Certification, but not enough points to achieve LEED Certification. Alternate 2 produces a higher quality, and more durable, finish to the pre-cast walls. Alternate 3 is interior painting, which will protect the interior walls and steel structure. It will also improve lighting efficiency. Alternate 4 is a landscaping feature to keep grass away from the building for ease of mowing and reduce on-going maintenance costs. Alternate 5 is the antique display bay for the 1936 antique fire truck. Alternate 6 is the illuminated building signage above the doors. This is the only building signage as we already eliminated a pylon sign closer to 26th Street. Alternate 7 is a deduct to retain concrete instead of replacing with a portion of asphalt. As a deduct, Alternate 7 should be accepted to slightly reduce the cost of the project. Fiscal Impact: The original budget estimate for was $1,366,931. Some budgetary line-item estimates have been adjusted to actual amounts and a reduction in the contingency resulted in a revised budget estimate of $1,375,000. The project is proposed to be paid with cash from Fund 212 (25% second penny). The low bid with accepting the desired Alternates of 2-7 puts the project at $1,490,829, or $115,829 over our estimate. Alternates 1, 5, and 6 constitute the largest optional items with which to eliminate to get closer to the original budget. We have been very concerned about the appearance of this building given its location and visibility. The antique display bay and signage help do that where the in-floor heat does not. Alternatively, the in-floor heat assists in one of our sustainability goals and ‘moves the needle’, albeit ever so slightly, toward the LEED designation. As was discussed when the project was approved for design, this building simply does not have sufficient HVAC/electrical systems to produce significant LEED achievement. The building does have energy efficiency features such as LED lighting and energy-efficient doors. City of Brookings Printed on 2/9/2017Page 1 of 2 powered by Legistar™ File #:RES 17-020,Version:1 With the original budget estimate, it was projected this project would nearly deplete the fund by year- end. However, staff is more confident in stronger sales tax revenue than we were a few months ago and remain confident Fund 212 can finance this increase. Recommendation: Staff recommends acceptance of the low bid from Clark Drew Construction in the base bid amount of $1,220,200 and Alternates 2-7 for a total construction cost of $1,303,930, and total project cost of $1,490,829. Attachments: Resolution Bid Tabulation Architect Rendering Revised Budget Summary City of Brookings Printed on 2/9/2017Page 2 of 2 powered by Legistar™ Resolution 17-020 A Resolution Awarding a Contract for Construction of the South Main Avenue Fire Station Project Whereas, the City Council authorized the advertisement for bids for the construction of the South main Avenue Fire Station; and Whereas a bid opening was held on January 31, 2017 which produced interest from 12 qualified bidders; and Whereas, the low bidder for the project was Clark Drew Construction. Be It Resolved that the City Council award the construction contract to Clark Drew Construction in the amount of $1,220,000 in addition to Bid Alternates 2-7 from the bid tabulation for a total construction contract of $1,303,930. Approved and Adopted this 14 th Day of February, 2017 by the City Council of the City of Brookings, South Dakota. CITY OF BROOKINGS ______________________ Scott Munsterman, Mayor ATTEST: _______________________ Shari Thornes, City Clerk JLG # 16113 Brookings South Fire Station Issued: 2.1.16 Bid Number Base Bid $1,220,200.00 Alternate #1: In Floor Heat $37,800.00 Alternate #2: Acid Etch Precast Finish $7,300.00 Alternate #3 Paint Interior Precast and Steel $6,200.00 Alternate #4 Mow Strip at Antique Display Bay $620.00 Alternate #5 Antique Display Bay Construction $58,980.00 Alternate #6 Exterior Building Signage $19,250.00 Alternate #7 All Concrete Paving in liue of Concrete/Asphalt Hybrid System -$8,620.00 (reflects acceptance of Alternates 2,3,4,5,6 and 7 as discussed)SUBTOTAL $1,303,930.00 Professional Fees $71,716.15 Additional Service Fee $2,000.00 Reimbursable Expenses Estimate (printing, mailing) $4,000.00 Furniture, fixtures and equipment (FFE)$25,000.00 Technology Security and Equipment $5,000.00 Site Survey (CDI already had this information)$787.50 Geotechnical Report $2,145.00 Construction Materials Testing $9,754.00 Permits (Fee waived per City of Brookings)$0.00 Tapping Fee (utilities)$1,300.00 Construction Contingency (approx 5% of cost of construction)$65,196.50 TOTAL SOFT COSTS :$186,899.15 TOTAL PROJECT COST 1,490,829.15 Current City Council Appoved Total Project Cost 1,375,000.00 Difference 115,829.15 CONSTRUCTION COSTS SOFT COSTS (OWNER) BUDGET SUMMARY City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 17-002,Version:1 Introduction and First Reading on Ordinance 17-002, an Ordinance rezoning the North 405 feet of the South 670 feet in the SW ¼ SW ¼ excluding the platted areas of Section 36-T110-R50W and Lot 100, Windermere Pointe Addition, excluding the south 225 feet, from a Business B-2 District and a Business B-2A Office District to a Residence R-3 Apartment District (location: North of 20 th Street South and west of Windermere Addition). Public Hearing: February 28, 2017. Summary: The applicant is requesting to rezone a portion of land from Business B-2 District and Business B-2A Office District to Residence R-3 Apartment District for the purpose of future development. Background: The property is located north of 20th Street South directly west of Windermere Addition. The majority of the land is unplatted and is currently vacant. There is R-3 zoned land adjacent to both the north and east. There is City land to the west, which is used for drainage purposes, and the Fishback Soccer Complex is to the south. Christine Avenue is in the process of being extended and will run through the property and connect with 20th Street South. Findings of Fact: 1. The Comprehensive Plan identifies the area as future residential. 2. City utilities are available to the property. 3. Access will be provided via 20th Street South and Christine Avenue. 4. The general area is predominantly residential with R-3 zoning to the north and east. 5. The property is located outside of the floodplain. 6. There are wetlands located along the northern portion of the property. Planning Commission Recommendation: The Planning Commission voted 7-0 to recommend approval of the rezoning request. Attachments: Ordinance Minutes 2-7-2017 Hearing Notice Current Zoning Proposed Zoning Exhibit 1- Current Zoning Exhibit 2- Proposed Zoning City of Brookings Printed on 2/8/2017Page 1 of 1 powered by Legistar™ Ordinance 17-002 An Ordinance to Change the Zoning within the City of Brookings Be It Ordained by 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, to-wit: The North 405 feet of the South 670 feet in the SW ¼ SW ¼ excluding the platted areas of Section 36-T110-R50W and Lot 100, Windermere Pointe Addition, excluding the south 225 feet, be and the same is hereby reclassified from a Business B-2 District and a Business B-2A Office District to a Residence R-3 Apartment District. In accordance with Section 94-7 of Article I of Ordinance 17-13 of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of Ordinance No. 17-13 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 17-13 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading:February 14, 2017 Second Reading and Adoption: Published: CITY OF BROOKINGS, SD ________________________ Scott Munsterman, Mayor ATTEST: _________________________ Shari Thornes, City Clerk Planning Commission Brookings, South Dakota February 7, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, February 7, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Alan Gregg, Alan Johnson, Ryan Murphy, Lee Ann Pierce, Kristi Tornquist and Al Heuton. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, Tracey Odegaard, Jacob Mills, and others. James Drew and Ryan Murphy recused themselves. Item #4a – CD Properties LLC has submitted a petition to rezone the North 405’ of the South 670’ in the SW1/4SW1/4 excluding the platted areas of Section 36-T110-R50W from a Business B-2 District and Business B-2A Office District to a Residence R-3 Apartment District and Lot 100, Windermere Pointe Addition, excluding the south 225 feet from a Business B-2A Office District to a Residence R-3 Apartment District. (Pierce/Aiken) Motion to approve the final plat. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #4a –This rezone is for the purpose of future development. This property is located north of 20th Street South and west of Windermere Addition. The land is currently vacant and there is R-3 zoning directly to the north and the east. The comprehensive plan does designate this land as residential. James Drew, representing CD Properties, explained his rezone request. A master plan concept was provided by Drew showing what they are proposing this area to look like in addition to the planned development to the north and west. Tracey Odegaard, owner of property in Windermere Addition, is concerned about the process that the City has for rezoning and he feels that a plan should be required prior to the rezone request and approval. By the commission approving the request for rezoning before they know what the plan is, it isn’t the best practice and doesn’t protect the property owners in Windermere Addition. Odegaard is concerned that with this R-3 zoning, an apartment building could potentially be built and that isn’t what current property owners in Windermere want to see in their backyards. Tornquist wondered if Odegaard would prefer that this area remain zoned B-2 and B-2A? Odegaard isn’t too concerned about the Business area zoning. His concern is the R-3 zoning request. Heuton explained to Odegaard that the commission is following the process that is required for rezoning. Also, Tracey noted that there is a drainage issue in this area. With a heavy rain, the water that accumulates in their drainage pond currently has nowhere to go. And adding multi-family housing could be detrimental to this drainage issue. He feels the City needs to look at the drainage in this area before they continue with future developments. Heuton explained to Odegaard that the drainage concern isn’t something that the Planning Commission deals with. This is an issue that would be worked out with the Engineering Department staff. Tornquist requested that the City Engineer comment on the drainage concern. Lanning stated that a drainage plan would be required and would need to be approved prior to development starting. Her and the engineering staff will look at the current plan that has already been submitted. Drew stated that he is also concerned about the drainage and has been working with an engineering firm and will continue to work out the drainage issues with Odegaard and the City. Drew noted that he cannot fix the drainage issues that they currently have in Windermere Addition, but he certainly would like to work with Odegaard’s and the City to try to make it better in that area. Lastly, Tracey is concerned that this area could become a high density issue if the rezoning is approved. If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN That CD Properties, LLC submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: The North 405 feet of the South 670 feet in the SW ¼ SW ¼ excluding the platted areas of Section 36-T110-R50W from a Business B-2 District and Business B-2A Office District to a Residence R-3 Apartment District and Lot 100, Windermere Pointe Addition, excluding the south 225 feet from a Business B-2A Office District to a Residence R-3 Apartment District. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, February 7, 2017, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 27th day of January, 2017. ____________________________ Staci Bungard City Planner 20 T H S T SMEDARY AVE S9 TH AVE SA A R-3 A B-2 A A R-3A PDD R-3A A B-2A R-3A R-3 B-2 R-3 R-3 B-2 B-2A PDD R-1B R-3A R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-3 R-2 R-3 R-3 R-2 R-2 R-2 R-2 R-2 R-3 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-3 R-2 R-2R-2R-2 R-2 R-2 R-2 R-3 R-2 R-2 R-3 R-3A R-3 R-3 R-1B R-2 R-2 R-2 R-2 R-2 R-3A R-3A R-2 R-3A R-3A R-3A R-3A R-3A R-3 A R-3A R-3A R-1A R-2R-2R-2R-2R-2 R-2R-2 R-2 R-3 R-3A R-3A R-2 A R-3 RMH R-1B R-3A R-3 R-3A R-3A R-3A R-3A R-3A R-3A R-3A R-2 R-3 R-1B R-3A Rezone Are a - Current Zoning ² 2 0 T H S T SMEDARY AVE SA A R-3 R-3 A A B-2 R-3A A R-3A A R-3 PDD B-2 R-3 B-2A PDD B-2 R-2 R-2 R-2 R-2 R-3 R-2 R-3 R-3 R-2 R-2 R-2 R-2 R-2 R-3 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-3 R-2R-2 R-2 R-2 R-2 R-2 R-3 R-2 R-3 R-3A R-3 R-3 R-2 R-2 R-2R-2 R-2 B-2A R-3A R-3A R-2 R-3A R-2 R-1BProposed Zoning ² City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 17-003,Version:1 Introduction and First Reading on Ordinance 17-003, an Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to accessory building location for the purposes of administration of the Zoning Ordinance. Public Hearing: February 28, 2017. Summary: City staff is proposing an amendment to the Zoning Ordinance for the location of accessory buildings. Background: The Engineering and Community Development Departments have been working together to identify and correct inconsistencies between the Zoning Ordinance and the Building Code. The Building Code requires all structures to be placed a minimum of five (5) feet from the property line, unless the structure is fire rated. The Zoning Ordinance allows accessory use structures, such as garden or storage sheds, to be placed three (3) feet from the side or rear property line. This amendment is proposing to change the Zoning Ordinance to require accessory structures to be located five (5) feet from the side or rear property line to align with the Building Code and eliminate confusion between the zoning requirement and the Building Code. In addition, accessory buildings that are located within 10 feet of the principal structure and set back less than 60 feet from the front lot line shall have the same side yard setback as is required for the principal building. This amendment is proposing to change the ordinance to the following: accessory buildings that are located within 10 feet of the principal structure or set back less than 60 feet from the front lot line shall have the same side yard setback as is required for the principal building. The proposed change would be more restrictive than the current language as the current language requires both conditions exist before the side yard setback of the principal structure is applied to the accessory structure. The proposed language would require the same side yard setback as the principal structure if either of the conditions apply to the accessory structure. Planning Commission Recommendation: The Planning Commission voted 9-0 to recommend approval of the ordinance amendment. Attachments: Ordinance Ordinance- Marked Up Hearing Notice Planning Commission Minutes 2-7-2017 City of Brookings Printed on 2/8/2017Page 1 of 1 powered by Legistar™ Ordinance 17-003 An Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to accessory building location for the purposes of administration of the Zoning Ordinance Be It Ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94, Zoning, Section 94-394, Subsection (a) and the first exception thereto shall be amended as follows: I. Section 1. Sec. 94-394. – Accessory building location. (a)An accessory building located upon a residential lot shall not be within five feet of any side or rear lot line. Exceptions: (1)An accessory building that is located within ten feet of the principal building at its closest point or is set back less than 60 feet from the front lot line shall have the same side yard setback as is required for the principal building. II. Any and all ordinances in conflict herewith are hereby repealed. First Reading:February 14, 2017 Second Reading:February 28, 2017 Published: CITY OF BROOKINGS, SD ___________________________________ Scott Munsterman, Mayor ATTEST: ________________________ Shari Thornes, City Clerk Ordinance 17-003 An Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to accessory building location for the purposes of administration of the Zoning Ordinance Be It Ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94, Zoning, shall be amended as follows: Section 1. Sec. 94-394. - Accessory building location. (a)An accessory building located upon a residential lot shall not be within three five feet of any side or rear lot line. Exceptions: (1)An accessory building that is located within ten feet of the principal building at its closest point and or set back less than 60 feet from the front lot line shall have the same side yard setback as is required for the principal building. (2)On corner lots, when the rear lot line abuts the side lot line of an interior lot, an accessory building located within 60 feet of the front lot line shall have the same setback from the rear lot line as is required for side yards in the district. (3)A detached garage which faces an alley shall not be within ten feet of the alley line. (b)An accessory building located upon a business or industrial lot shall not be within five feet of any side or rear lot line. An accessory building shall maintain a front yard setback equal to or greater than the setback of the principal building. (c)An accessory building located in front of a dwelling shall have a sidewall height measured from the floor to the top of the top plate no greater than eight feet and the highest point of the roof measured from the floor to the roof peak no higher than 15 feet. An accessory building located in the side yard or rear yard of a residential lot shall have a sidewall height measured from the floor to the top of the top plate no greater than 12 feet. (d)An accessory building, such as a hangar, terminal or other airport-related structure shall maintain a front, side or rear yard equal to or greater than 20 feet. (e)An accessory building located upon a lot in the Agricultural A District and used for non-agricultural purposes shall be subject to the following: (1) The maximum floor area allowed shall conform to the requirements of subsection 94-122(d)3. (2)The front yard setback shall be no less than that of the principal building. (3)The side or rear yard setback shall be a minimum of ten feet. Section 2. Any or all ordinances in conflict herewith are hereby repealed. First Reading:February 14, 2017 Second Reading:February 28, 2017 Published: CITY OF BROOKINGS, SD ___________________________________ Scott Munsterman, Mayor ATTEST: ________________________ Shari Thornes, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to accessory building location. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, February 7, 2017, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 27th day of January, 2017. ____________________________ Staci Bungard City Planner Planning Commission Brookings, South Dakota February 7, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, February 7, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Alan Gregg, Alan Johnson, Ryan Murphy, Lee Ann Pierce, Kristi Tornquist and Al Heuton. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, Tracey Odegaard, Jacob Mills, and others. Item #5b –The City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to accessory building location. (Aiken/Johnson) Motion to approve the amendments. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5b–This ordinance amendment would allow for consistencies between the zoning ordinance and the building code. The amendment would make it a standard 5-foot minimum from the property line. In addition, accessory buildings that are located within 10 feet of a principal structure AND setback less than 60 feet from the front lot line shall have a side yard setback as is required for the principal building. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 17-004,Version:1 Introduction and First Reading on Ordinance 17-004, an Ordinance amending the Subdivision Regulations of the City of Brookings and pertaining to secondary access for residential subdivisions for purposes of administration of the Subdivision Ordinance. Public Hearing: February 28, 2017. Summary: Staff has included a Subdivision Ordinance Amendment requiring a secondary access in residential subdivisions for safety purposes. Background: At the December 6, 2016 meeting, staff discussed a draft secondary access requirement with the Planning Commission. Staff has amended the draft to include feedback from the discussion. Staff drafted the proposed amendment based on the number of vehicle trips per day in a residential subdivision, instead of using the Fire Code Requirements. The amendment states that each residential subdivision with a projected trip generation of over four hundred (400) vehicle trips per day, shall have a secondary access. No additional platting shall be allowed in any area exceeding four hundred (400) vehicle trips per day, unless a secondary access is constructed or the Planning Commission has granted a variance. Staff utilized the Institute of Transportation Engineers (ITE) Trip Generation Manual to determine the average number of vehicle trips per day for specific types of residential development. The ITE numbers are based on many traffic studies throughout the country and serve as industry standards. The number of vehicle trips per day will be applied consistently across single family and multi-family developments. The number of vehicle trips per day shall be determine by the following: a. Single Family Unit - 10 trips per day or 40 units/lots b. Apartment Unit - 7 trips per day or 57 units c. Condominium / Townhouse Unit - 6 trips per day or 67 units/lots d. Mobile Home Unit - 5 trips per day or 80 units/lots e. Elderly Housing Units - 3 trips per day or 133 units/lots f. Residential PDD or Mixed Use - 7 trips per day or 57 units A secondary access may be dedicated as a street right-of-way and constructed to City standards or may serve as a public access easement with a 24 foot gravel driving surface. The amendment allows for some flexibility for developments with previous preliminary plat approval. The amendment states that any lots shown on an approved preliminary plat are exempt from the secondary access requirement. New and revised preliminary plats are subject to the requirements. If density is unknown at the time of platting, the maximum density allowed in the zoning district will be used to calculate the vehicle trips per day. City of Brookings Printed on 2/8/2017Page 1 of 2 powered by Legistar™ File #:ORD 17-004,Version:1 Staff hosted a Developer’s Roundtable on January 27, 2017 to discuss the proposed amendment with local developers and engineers. The conversation mostly focused on the application of the requirement. The group supported the use of a gravel access, as it would be more cost effective than requiring a paved street and later cutting the street to place infrastructure. There are currently several phased residential subdivisions that have only one access point, which will be affected by the proposed amendment. The goal is to promote safety and traffic circulation while being sensitive to the demand for new residential development. Planning Commission Recommendation: The Planning Commission voted 9-0 to recommend approval of the subdivision ordinance amendment. Attachments: Ordinance Hearing Notice Planning Commission Minutes 2-7-2017 Single Family- Single Access Multi Family- Single Access Single Family- Multiple Access Multi Family- Multiple Access Presentation City of Brookings Printed on 2/8/2017Page 2 of 2 powered by Legistar™ Ordinance 17-004 An Ordinance amending the Subdivision Regulations of the City of Brookings and pertaining to secondary access for residential subdivisions for purposes of administration of the Subdivision Ordinance Be It Ordained by the Governing Body of the City of Brookings, South Dakota that the Subdivision Regulations be amended as follows: I. ARTICLE I. IN GENERAL That Section 51-5 of Article I. of the Subdivision Regulations shall be amended to include the following definitions: 51-5 Definitions Primary Access: A hard surface roadway, dedicated as a right-of-way or as a private street, that connects to a street network and provides vehicular ingress/egress. Secondary Access: A surfaced roadway, designed and constructed in accordance with the City of Brookings Engineering Design Standards Manual and connected to the street network that provides an alternative means of vehicular ingress/egress to/from an area which would otherwise only be accessible by a single primary access. Secondary access shall be evidenced by either a dedicated street right-of-way or a recorded public access easement. II. ARTICLE VI. SUBDIVISION IMPROVEMENTS AND DESIGN STANDARDS That Section 51-64 of Article VI. of the Subdivision Regulations shall be amended to include the following additional street standards: 51-64 Street Standards (k) Secondary access is required for all residential subdivisions as hereinafter provided: (1) Each residential subdivision with a projected trip generation of over four hundred (400) vehicle trips per day shall have a secondary access. The trip generation count is determined within the area accessible by a single primary access. (2) The number of vehicle trips per day for purposes of the trip generation count shall be determined by the following: a. Single Family Unit- 10 trips per day b. Each Apartment Unit- 7 trips per day c. Condominium/Townhouse Unit- 6 trips per day d. Mobile Home Units- 5 trips per day e. Elderly Housing Units- 3 trips per day f. Residential PDD or Mixed Use-7 trips per day (3) No additional platting shall be allowed in any area exceeding four hundred (400) vehicle trips per day unless a secondary access is constructed or the Planning Commission has granted a variance as provided in Ordinance Section 51-84. (4) Subdivisions which received preliminary plat approval prior to the adoption of this regulation shall be exempt from this requirement for the lots shown on the approved preliminary plat. Preliminary plats which are revised subsequent to adoption of this ordinance are subject to the provisions of this ordinance. (5) If the density of the residential subdivision is unknown at the time of platting, the maximum density in the zoning district shall be used in calculating the vehicle trips per day. III. Any and all ordinances in conflict herewith are hereby repealed. First Reading:February 14, 2017 Second Reading:February 28, 2017 Published: CITY OF BROOKINGS, SD _____________________________ Scott Munsterman, Mayor ATTEST: _______________________ Shari Thornes, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN SUBDIVISION REGULATIONS NOTICE IS HEREBY GIVEN THAT the City of Brookings has submitted amendments to Sections 51-5 & 51-64 of the Subdivision Regulations, pertaining to Secondary Access Requirements for Residential Subdivisions. NOTICE IS FURTHER GIVEN That said changes will be acted on by the City Planning Commission at 5:30 PM, on Tuesday, February 7, 2017 in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 27 th day of January 2017. ____________________________ Staci Bungard City Planner Planning Commission Brookings, South Dakota February 7, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, February 7, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Alan Gregg, Alan Johnson, Ryan Murphy, Lee Ann Pierce, Kristi Tornquist and Al Heuton. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, Tracey Odegaard, Jacob Mills, and others. Item #5c –The City of Brookings has submitted amendments to Section 51-5 & 51-64 of the Subdivision Regulations, pertaining to Secondary Access Requirements for Residential Subdivision. (Johnson/Aiken) Motion to approve the amendments. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5c–Staff has completed research and is providing a draft amendment in regards to the secondary access requirement in a residential subdivision. The amendment is based on information obtained during the research, but also from comments received from developers during a developer’s roundtable. Jacob Mills is a little concerned with the extra input costs that will be incurred by the developers. And when working with affordable housing, this could add some extra expense to the lots. Jacob stated that he appreciates that staff is being retroactive in implementing this. In addition, he feels that primary and secondary access definitions maybe aren’t exactly clear in this ordinance and should be clarified. He also feels that the life safety concern is very important and he appreciates the thought put into this. Tornquist wondered who would be responsible for the gravel road if they allow the developer to go with a gravel access road. Struck explained that the developer would be required to maintain that secondary access until the time when the road is turned over to the City. However, the City will not take over responsibilities of a gravel road, so the developer would be required to convert the gravel access road to asphalt. Bungard explained that a maintenance agreement would be in place and the developer would be required to follow the rules stated in the agreement. Heuton wondered where townhouses would be classified in this ordinance because typically townhomes are utilized by elderly. Struck stated that typically elderly living is going to be classified under assisted living facilities. Struck explained that a twin home and townhouse would be classified together under single family residential. Heuton asked for a clearer explanation of the developments that have approved preliminary plats. Struck explained that these developments would be exempt for the lots which are shown on the approved preliminary plat. Drew asked if a secondary access could lead to the same street as the primary access? Struck and Bungard stated “yes.” Drew also appreciates that the commission could have the ability to grant a variance to a secondary access if there are circumstances that warrant it. 8th Street South 17th AvenueSingle Fam ily Su bdivision - Single Access 8 T H S T S SOUTHLAND LNPARK AVEMulti-Family - Single Access 7TH AVE S8 T H S T S 12 TH S T S MEDARY AVE SPHEASANT RUN RDPAMELA DRCANDLEWOOD LNARROW HEAD PA SS Sin g le Fa mi ly Su bdivisi on - Multiple Access Points 2 0 TH S T SPINEHURST DRMO R I A R T Y D R MORIARTY CIRPINEHURST DRMORI ARTY DR Multi - Family - Two Access Points RESIDENTIAL ACCESS Residential Access Important for Emergency Service Providers Ingress/Egress for Homeowners, Solid Waste Trucks, Utility Providers, Snowplows, Mail Delivery, etc. Multiple Access Points Provides Additional Routes Disperses Traffic & Prevents Congestion Promotes Connectivity through Neighborhood Planning Commission •Directed staff to research access requirements in other communities •Concern about single access residential subdivisions in community •Goal is to allow for secondary access for emergency service providers •Allows for better traffic circulation •Gives residents another point of ingress/egress when necessary Comparison Chart City Regulations Secondary Access Requirement Rapid City, SD 40 dwelling units triggers secondary access in Engineering Standards Cheyenne, WY 20 dwelling units for secondary access;50 dwelling units need three routes Sioux Falls,SD 30 dwelling units-International Fire Code Yankton, SD 30 dwelling units-International Fire Code Huron,SD 30 dwelling units-International Fire Code Watertown,SD 30 dwelling units-International Fire Code Bismark,ND 30 dwelling units-International Fire Code Fargo,ND 30 dwelling units-International Fire Code Cedar Falls, IA 30 dwelling units-International Fire Code Sioux City, IA 30 dwelling units-International Fire Code Helena,MT 250 vehicle trips per day or 25 single family lots Billings & Butte, MT Subdivision over six (6) lots Brookings, SD Fire Code Adoption does not include Appendix D –No other requirements Fire Code Appendix D •Single & Two Family Residential (Section D107) •Greater than 30 dwelling units need secondary access •Exception for sprinkled units •Multi-Family Residential (Section D106) •Greater than 100 dwelling units need secondary access •Sprinkled units up to 200 dwelling units Planning Commission Discussion •Amendment modeled after fire code •Concerns with allowing 100 multi-family units •Gravel vs. Paved access •Consistent logic applied to single family and multi-family •Apply at development or platting stage •Goal to work with developers at Sketch/ Preliminary Plat stage •Effects on phased development under construction Basis of Subdivision Amendment •Based on Traffic Counts from Institute of Transportation Engineers (ITE) Trip Generation Manual 8th Edition •National Industry Standards from many studies •Derives average number of vehicle trips per day for different types of residential development •Number of Vehicle Trips impacts residential ingress/egress Draft Subdivision Amendment Primary Access: a hard surface roadway, dedicated as a right-of-way or private street, that connects to a street network and provides vehicular ingress/egress. Secondary Access: a surfaced roadway, designed and constructed in accordance with the City of Brookings Engineering Design Standards Manual and connected to the street network that provides an alternative means of vehicular ingress/egress to/from an area which would otherwise only be accessible by a single primary access. Secondary access shall be dedicated by either a street right-of-way or a public access easement. Street right-of-way would be built to City standards and dedicated to City Public Access Easement not required to be hard surfaced Public Access Easement built to Engineering Design Standards (24’ wide) Public Access Easement needs to be maintained year around by developer Draft Subdivision Amendment (k)Secondary access is required for all residential subdivisions as provided: Each residential subdivision with a projected trip generation of over four hundred (400) vehicle trips per day shall have a secondary access. The trip generation count is applied to the area accessible by a single primary access. The number of vehicle trips per day shall be determined by the following: a.Single Family Unit-10 trips per day (40 lots/units) b.Apartment Unit-7 trips per day (57 units) c.Condominium/Townhouse Unit-6 trips per day (67 lots/units) d.Mobile Home Units-5 trips per day (80 lots/units) e.Elderly Housing Units-3 trips per day (133 lots/units) f.Residential PDD or Mixed Use-7 trips per day (71 units) Draft Subdivision Amendment No additional platting shall be allowed in any area exceeding four hundred (400) vehicle trips per day, unless a secondary access is constructed or the Planning Commission has granted a variance as outlined in Section 51-84. Subdivisions with preliminary plat approval, prior to the adoption of this regulation, shall be exempt from this requirement for the lots shown on the approved preliminary plat. Revised preliminary plats are subject to the provisions of this regulation. If the density of the residential subdivision is unknown at the time of platting, the maximum density in the zoning district shall be applied in calculating the vehicle trips per day. RESIDENTIAL ACCESS THE END City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 17-005,Version:1 Introduction and First Reading on Ordinance 17-005, an Ordinance amending the Zoning Ordinance of the City of Brookings to include wholesale trade with storage yard as a Conditional Use in the Business B-3 District of the Zoning Ordinance. Public Hearing: February 28, 2017. Summary: This Zoning Ordinance Amendment would allow wholesale trade with a storage yard as a Conditional Use in the B-3 District. The B-3 zoning areas are predominantly located along arterial streets such as 6th Street, Main Avenue South, and US Highway 14 Bypass. Background: City staff had a request to consider an amendment that would allow wholesale trade with a storage yard as a Conditional Use in the B-3 District. Currently, the Zoning Ordinance prohibits wholesale trade businesses from having any outdoor storage. The ordinance allows outdoor storage as a Conditional Use for the following uses: (1)Contractors shop and storage yard (2)Transfer site for recyclables (3)Truck and trailer rentals (4)Farm implement sales In addition, a lumberyard with outdoor storage is a permitted special use in the B-3 District so long as storage is located in the rear of the building and screened from any arterial street or residential district. The ordinance prohibits the use of outdoor storage for the following conditional uses: (1)Assembling and packaging (2)Freight handling (3)Household hazardous waste site All Conditional Use Applications need to be accompanied by a Site Plan showing perimeter screening, including landscaping, fences, walls, and hedges. The draft ordinance includes provisions for the location of the storage yard, screening, lighting, stacking height and any loading/unloading areas. Planning Commission Recommendation: The Planning Commission voted 9-0 to recommend approval of the ordinance amendment. Attachments: Ordinance Hearing Notice Planning Commission Minutes 2-7-2017 City of Brookings Printed on 2/8/2017Page 1 of 2 powered by Legistar™ File #:ORD 17-005,Version:1 B-3 Heavy District Regulations City Zoning Map City of Brookings Printed on 2/8/2017Page 2 of 2 powered by Legistar™ Ordinance 17-005 An Ordinance amending the Zoning Ordinance of the City of Brookings to include wholesale trade with storage yard as a conditional use in the Business B-3 District of the Zoning Ordinance Be It Ordained by the Governing Body of the City of Brookings, State of South Dakota that Chapter 94, Zoning, shall be amended as follows: I. That Subsection (e) of Ordinance Section 94-134 shall be amended to include the following additional conditional use: Section 1. Section 94-134. Business B-3 Heavy District (e) Conditional Uses 15. Wholesale trades with storage yard II. That Article V. of Conditional Uses of the Zoning Ordinance shall be amended to include the following standards for wholesale trades with storage yard: Section 2. ARTICLE V. CONDITIONAL USES DIVISION 3. STANDARDS Section 94-306.1 Wholesale trades with storage yard. Such uses shall screen all outdoor storage from adjacent property. Outdoor storage shall not be located in the front yard or stacked higher than the fence height. Any lighting of the storage yard shall not cause a glare onto residential properties. Internal circulation shall be provided for loading and unloading areas. III. Section 2. Any and all ordinances in conflict herewith are hereby repealed. First Reading:February 14, 2017 Second Reading:February 28, 2017 Published: CITY OF BROOKINGS, SD ___________________________________ Scott Munsterman, Mayor ATTEST: ________________________ Shari Thornes, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to wholesale trade with storage yard as a conditional use in the Business B-3 District. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, February 7, 2017, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 27th day of January, 2017. ____________________________ Staci Bungard City Planner Planning Commission Brookings, South Dakota February 7, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, February 7, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Alan Gregg, Alan Johnson, Ryan Murphy, Lee Ann Pierce, Kristi Tornquist and Al Heuton. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, Tracey Odegaard, Jacob Mills, and others. Item #5a –The City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to wholesale trade with storage yard as a Conditional Use in the Business B-3 District. (Pierce/Aiken) Motion to approve the amendments. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5a–This zoning amendment would allow for a wholesale trade with a storage yard as a conditional use in the B-3 District. The request for the conditional use would need to be accompanied by a site plan showing perimeter screening including landscaping, fences, walls and hedges. Pierce asked what the definition of a wholesale trade is. A Wholesale trade is an establishment or place of business primarily engaged in selling merchandise to retailers and to industrial, commercial, institutional or professional business. Tornquist asked “What is the real need here?” Bungard explained that a current business, which is a wholesaler, is interested in doing outdoor storage. Outdoor storage currently isn’t allowed in a B-3 District, but there are other similar districts that have similar uses that do allow for outdoor storage. Drew questioned, “This is a Conditional Use so each business would have to come to the commission to request this?” Bungard said yes. Pierce wondered if they could require screening from public streets in addition to all adjacent properties? Heuton explained that during the Conditional Use request, the commission could require the screening on a case by case situation rather than requiring screening by everyone. Having it state “Screen all adjacent properties” would be a minimum requirement and the Commission could add to the Conditional Use request if they felt that screening from a public street would be required. Page 1 Sec. 94-134. - Business B-3 heavy district. (a)Intent.This district is intended to provide for a wide variety of retail services. This district will include commercial uses requiring large land areas, extensive retail operations and outdoor display of merchandise. Inventory and material storage shall be screened. (b)Scope of regulations.The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Business B-3 heavy district. (c)Permitted uses. (1) Retail or service store. (2) Personal service store. (3) Financial services. (4) Public transportation facility. (5) Public utility facility. (6) Parking facility or lot. (7) Grocery supermarket. (8) Drive-in food service. (9) Gas dispensing station. (10) Reserved. (11) Car wash. (12) Indoor or outdoor recreational facility. (13) Temporary storage facility. (14) Automobile sales. (15) Office building. (16) Roadside stand. (17) Drinking establishment. (18) Telecommunications towers. (19) Emergency services. (20) Personal health services. (d)Permitted special uses.A building or premises may be used for the following purposes in conformance with the conditions prescribed herein: (1) Outdoor sales. a.Used parts and other material storage shall be screened from adjoining property. (2) Wholesale trade with warehousing. a.All inventory shall be stored within a completely enclosed building. (3) Lumberyard. a.The lumber storage area shall be at the rear of the building and screened from any arterial street or residential district. b.Seasonal outdoor displays shall not reduce the number of required parking spaces on the lot below the minimum requirements. Page 2 (4) Nursery or greenhouse. a.Any land used to grow flowers, shrubs or trees shall not be located within 50 feet of an arterial street. (5) Reverse vending machine. a.A trash receptacle shall be provided on-site. (6) Automobile service station. a.No fuel delivery pump shall be located within 20 feet of any side lot line or right-of-way line. No fuel pump shall be located within 50 feet of the side or rear lot line abutting a residential district. b.All repair work shall be done within a completely enclosed building. c.All used automobile parts and dismantled vehicles shall be screened from adjacent property. (7) Citizen's drop-off for recyclables. a.No container shall be located within 100 feet of a residential district. (8) Motor vehicle repair shop. a.All repair work shall be done within a completely enclosed building. b.All used automobile parts and dismantled vehicles shall be screened from adjacent property. (9) Motel or hotel. a.A minimum lot area of 1,000 square feet shall be provided for each sleeping room or suite. (10) Equipment rental store. a.An on-premises pickup and drop-off area shall be provided. b.Outdoor displays shall not reduce the number of required parking spaces on the lot below the minimum requirements. (11) Auction house. a.An on-premises pickup and drop-off area shall be provided. b.Outdoor displays shall not reduce the number of required parking spaces on the lot below the minimum requirements. (12) Semi-trailer storage. a.Storage shall not be permitted in the minimum front yard setback. (13) Extended stay motel. a.A minimum lot area of 1,000 square feet shall be provided for each sleeping room or suite. (14) Brewpub. a.The area used for brewing, including bottling and kegging, shall not exceed 25 percent of the total floor area of a combined restaurant and drinking establishment and 50 percent of the total floor area of a drinking establishment without restaurant services. b.A malt beverage manufacturer's license must be obtained per state law. c.An alcohol beverage license must be obtained per city ordinance. d.The brewery shall not produce more than 1,500 barrels of beer and ale per year. A barrel contains 31 gallons. (15) Microbrewery. Page 3 a.The production of malt beverages shall be limited to 15,000 barrels per year or less. b.A malt beverage manufacturer's license must be obtained per state law. c.All grain shipments and spent grain shall be contained within a completely enclosed building. (16) Contractor's shop. a.All equipment and materials shall be contained within a completely enclosed building. (17) Farm/feed store. a.No retail sale items in bulk form shall be permitted as outside display. b.All outside retail items shall only be displayed adjacent to the building. (18) Animal hospital. a.All cremation equipment and processes must be confined within an enclosed building. b.Deceased animal storage areas must be completely within an enclosed building at all times. (e)Conditional uses. (1) Assembling and packaging. (2) Freight handling. (3) Manufacturing, light. (4) Mixed business/residential use. (5) Contractors shop and storage yard. (6) Buy back center for recyclables. (7) Household hazardous waste site. (8) Light processing facility. (9) Transfer site for recyclables. (10) Day care facility. (11) Kennel. (12) Truck and trailer rentals. (13) Farm implement sales. (14) Broadcast tower. (f)Density, area, yard and height regulations.The B-3 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 20 feet * 20 feet* 45 feet * A 50-foot landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. Page 4 (g)Accessory uses.Accessory uses and building permitted in the B-3 district are buildings and uses customarily incidental to any of the permitted uses in the district. (h)Parking regulations.Parking, loading and stacking within the B-3 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. (i)Sign regulations.Signs within the B-3 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. (j)Other regulations.Development within the B-3 district shall be in conformance with the regulations set forth in article II of this chapter. (Ord. No. 21-03, 8-26-2003; Ord. No. 42-08, 11-18-2008; Ord. No. 29-09, § 1, 11-17-2009; Ord. No. 09-10, 2-23-2010; Ord. No. 18-12, § 2, 7-10-2012; Ord. No. 15-020 , § 2, 12-8-2015) I 296 T H S T 22ND AVE S8T H S T 3 R D S T 20 T H S T S 7 T H S T 5 T H S T MEDARY AVE SUS H W Y 14 BY P MAIN AVE S17TH AVE S22ND AVEMEDARY AVE5TH ST S7TH AVE16TH AVE32ND AVERAMP32 N D S T S 1 0 T H S T W WESTERN AVEW 8 T H S T S 2N D ST S1ST AVEW 2 0 T H S T S 20TH AVE8TH ST S OLW I E N S T 32ND AVE S7TH AVE SCHRISTINE AVEDORAL DRW U S H W Y 14 B Y P 4T H S T SW 16TH AVE2 6 T H S T S 33RD AVE1 8 T H S T 25TH AVE1 S T S T 34TH AVEI 298T H S T S 32ND AVE² Zoning Map Legend Zoning A AP B-1 B-2 B-2 A B-3 B-4 B-5 I-1 I-1R I-2 PDD R-1 R-1A R-1B R-1C R-1D R-2 R-3 R-3A RB-4 RM H City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 17-006,Version:1 Introduction and First Reading on Ordinance 17-006, an Ordinance amending Article II of Chapter 22 of the Code of Ordinances of the City of Brookings and Pertaining to the 2015 International Residential Code with Certain Amendments on Frost Protection. Public Hearing: February 28, 2017. Summary: The Board of Appeals proposes two amendments to Section 403 of the 2015 International Residential Code pertaining to frost protection. Background: The Board of Appeals met Friday, February 3, 2017, and discussed amendments to Section 403 of the International Residential Code pertaining to frost protection. The 2015 IRC allows states freestanding accessory structures with an area of 600 square feet or less can be constructed without frost protection footings. The Brookings Zoning Ordinance allows residential accessory structures to be constructed without a variance up to 1,000 square feet. The Board of Appeals voted to amend the IRC, Section 403.1.4.1, to allow 1,000 square feet to be constructed without frost protection footings, instead of 600 square feet, only for residential construction. They did not recommend changes to the International Building Code relating to commercial construction of accessory structures. The Board of Appeals also discussed frost-protected shallow foundation construction related to new home construction. After discussion, the Board of Appeals recommended that residential frost- protected shallow foundation construction should be designed in accordance with ASCE 32 as stated in the code instead of allowing shallow foundations to be constructed as shown in Section R403.3. This would allow an engineer to design a frost-protected shallow foundation for a residential home, and could take in consideration geotechnical information and other site factors. Board of Appeals Recommendation: The Board of Appeals voted 4-0 to recommend approval of the ordinance changes as proposed. Attachments: Ordinance - clean Ordinance - marked Board of Appeals Minutes Excerpt 1-3-2017 City of Brookings Printed on 2/8/2017Page 1 of 1 powered by Legistar™ Ordinance 17-006 An Ordinance Amending Article II of Chapter 22 of the Code of Ordinances of the City of Brookings and Pertaining to the 2015 International Residential Code with Certain Amendments on Frost Protection Be It Ordained by the City of Brookings that Article II of Chapter 22 of the Code of Ordinances of the City of Brookings be amended to read as follows: I. Article II. Building Code Section R403.1.4.1 Frost Protection, shall read as follows: R403.1.4.1 Frost protection. Except where otherwise protected from frost, foundation walls, piers and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods: 1.Extended below the frost line specified in Table R301.2.(1). 2.Constructed in accordance with ASCE 32. 3.Erected on solid rock. Exceptions: 1.Protection of freestanding accessory structures with an area of 1,000 square feet (92.903 m2) or less, of light-frame construction, with an eave height of 10 feet (3048 mm) or less shall not be required. 2.Protection of freestanding accessory structures with an area of 400 square feet (37 m2) or less, of other than light-frame construction, with an eave height of 10 feet (3048 mm) or less shall not be required. 3.Decks not supported by a dwelling need not be provided with footings that extend below the frost line. Footings shall not bear on frozen soil unless the frozen condition is permanent. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: February 14, 2017 Second Reading: February 28, 2017 Published: CITY OF BROOKINGS, SD ____________________________________ Scott Munsterman, Mayor ATTEST: __________________________________ Shari Thornes, City Clerk Ordinance 17-006 An Ordinance Amending Article II of Chapter 22 of the Code of Ordinances of the City of Brookings and Pertaining to the 2015 International Residential Code with Certain Amendments on Frost Protection Be It Ordained by the City of Brookings that Article II of Chapter 22 of the Code of Ordinances of the City of Brookings be amended to read as follows: I. Article II. Building Code Section R403.1.4.1 Frost Protection, shall read as follows: R403.1.4.1 Frost protection. Except where otherwise protected from frost, foundation walls, piers and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods: 1.Extended below the frost line specified in Table R301.2.(1). 2.Constructed in accordance with Section R403.3. 3.Constructed in accordance with ASCE 32. 4.Erected on solid rock. Exceptions: 1.Protection of freestanding accessory structures with an area of 600 1000 square feet (56 m2 92.903) or less, of light-frame construction, with an eave height of 10 feet (3048 mm) or less shall not be required. 2.Protection of freestanding accessory structures with an area of 400 square feet (37 m2) or less, of other than light-frame construction, with an eave height of 10 feet (3048 mm) or less shall not be required. 3.Decks not supported by a dwelling need not be provided with footings that extend below the frost line. Footings shall not bear on frozen soil unless the frozen condition is permanent. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: February 14, 2017 Second Reading: February 28, 2017 Published: CITY OF BROOKINGS, SD _______________________________ Scott Munsterman, Mayor ATTEST: __________________________________ Shari Thornes, City Clerk Excerpt from Unapproved Minutes of the Brookings Board of Appeals Brookings, SD 57006 January 3, 2017 The City of Brookings Board of Appeals was called to order by Vice-Chairperson Jonathan Meendering on Friday, February 3, 2017, at 1:00 PM in conference room #147 located on the first floor of the City & County Government Center at 520 3rd Street. Members present were David Ekern, Paul Sahr, George Houtman, and Meendering. Also present were Building Services Administrator Jared Thomas, Building Services Technician Greg Pearson, City Engineer Jackie Lanning, and Brennan and Laurie Sullivan. Item #2 – (Houtman/Ekern) Approval of the Agenda. All present voted aye. MOTION CARRIED. Item #3 – (Sahr/Houtman) Motion to approve the minutes from the October 29, 2015 meeting. All present voted aye. MOTION CARRIED. New Business Item #6 – Discussion and Action on Frost Protection of Free Standing Buildings Thomas explained that detached accessory buildings exceeding 600 square feet requires frost protection under the 2015 IRC and IBC. However, the City zoning ordinance allows residential accessory buildings up to 1,000 square feet, which have been built without frost protected footings in some locations in Brookings. Thomas would like these two requirements to be the same since the zoning ordinance allows accessory buildings such as a detached garage up to 1,000 square feet. Houtman stated that a 1,000 square foot accessory building should have frost-protected footings, but since there are 1,000 square feet accessory buildings that are constructed without frost-protected footings that don’t seem to have heaving issues, the City could let the buildings be constructed in the same way. There was some discussion about whether or not to amend the IBC to allow 1,000 square foot commercial buildings to be constructed without frost protected footings. Thomas explained that in his opinion, that only the IRC should be amended to the 1,000 square foot exception. The group was in agreement not to amend the IBC for commercial buildings. (Houtman/Sahr) – Motion to Amend the 2015 IRC code to allow freestanding accessory structures of 1,000 sf or less to be built without frost protection instead of 600 square feet as stated in the code. All present voted aye. MOTION CARRIED. Item #7 – Discussion and Action on Residential Shallow Foundations Thomas explained that there have been a couple houses built in the last year with frost-protected shallow foundations. The City building department is requiring the contractors to follow the diagram and requirements that are shown in the 2015 IRC, Section 403.3 if they want to construct frost- protected shallow foundations. Houtman was concerned about the 64 degree requirement that is in the code. He stated the requirement was going to be hard to enforce and if the garage wasn’t kept at that temperature, there could be separation in the foundation between the house and garage. Houtman also asked if the soil compaction was being completed on these sites. There may be compaction taking place, but the City does not have the compaction reports. Sahr was concerned about the code and the safety factor. He stated he did not think that engineering and soil testing had been done. He was concerned that the temperature requirements were not going to be explained to future homeowners. He stated even if the temperature requirements were explained to the new owner, would people do the work of keeping the building at the proper temperature. Thomas stated that it was not the responsibility of City staff to make sure the homeowners were doing the work to keep the garage maintained at the proper temperature. Houtman stated he was also concerned about the work leading up to the foundation and if the soil compaction tests were being completed. Meendering stated that the foundation section in the code was really more about the soil compaction and testing before the foundation was constructed. Thomas explained that one option could be to require builders to have the building engineered and not follow the diagram in the code. (Ekern/Sahr) Motion to remove item 2 of section 403.1.4.1 of the IRC, which states “constructed in accordance with Section R403.3.” which would require all frost-protected shallow foundations to be designed under ASCE 32 guidelines as it is stated in item 3 of 403.1.4.1. All present voted aye. MOTION CARRIED. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 17-011,Version:1 Public Hearing and Action on Resolution 17-011, a Resolution upon a Petition to Vacate a Portion of Western Avenue located in the SW ¼ of the NW ¼ of Section 26, T110N, R50W and the SE ¼ of the NE ¼ of Section 27, T110N, R50W. Summary: The City would like to vacate a portion of Western Avenue that is no longer needed for right-of-way purposes. Background: The City Engineering Department has been researching City-owned property and street right-of-ways near the Brookings Regional Airport for the purpose of platting and cleaning up the land records. There is an existing portion of right-of-way on Western Avenue which is split between the section line of Section 26 and Section 27. The right-of-way shown in the shaded area on “Exhibit A” is not needed as Western Avenue was constructed in a curved fashion through City property, adjoining with West 2nd Street South, rather than on the section line where the right-of-way existed. The attached exhibit shows the portion of right-of-way to be vacated. The City plans to include the vacated property on a future plat as the land will still be owned by the City. The future plat will also contain an easement for existing Brookings Municipal Utilities (BMU) infrastructure. A separate instrument easement will likely be needed for utilities located in Section 27. Planning Commission Recommendation: The Planning Commission voted 9-0 to recommend approval of the vacation of a portion of Western Avenue. Attachments: Resolution PC Minutes Plat- ROW Dedication PC Notice CC Notice Vicinity Map Exhibit A Map BMU Electrical Map BMU Sewer Map City of Brookings Printed on 2/8/2017Page 1 of 1 powered by Legistar™ Prepared by: Community Development Dept. 520 34d St., Suite 140 Brookings, SD 57006 Resolution 17-011 Street Vacation Whereas, a Petition to Vacate has been filed with the City Clerk of the City of Brookings, and Whereas, the petition was filed in proper form and signed by one hundred percent (100%) of the adjacent property owners. Now, Therefore, Be It Resolved, by the City Council of the City of Brookings, that a portion of Western Avenue located in the SW ¼ of the NW ¼ of Section 26, T110N, R50W and the SE ¼ of the NE ¼ of Section 27, T110N, R50W be vacated. Passed and approved this 14th day of February, 2017. CITY OF BROOKINGS __________________________ Scott Munsterman, Mayor ATTEST: _______________________ Shari Thornes, City Clerk Planning Commission Brookings, South Dakota January 3, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, January 3, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Alan Gregg, Alan Johnson, Ryan Murphy, Lee Ann Pierce, Kristi Tornquist and Al Heuton. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, and others. Item #6a –The City of Brookings has submitted a petition to vacate a portion of Western Avenue located in the SW1/4 of the NW1/4 of Section 26- T110N- R50W and the SE1/4 of the NE1/4 of Section 27-T110N-R50W (Pierce/Aiken) Motion to approve the vacation. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6a–This is to vacate a portion of Western Avenue that is no longer needed for right of way purposes. The City has been researching City owned property and street right-of-ways, near the Brookings Regional Airport, for purposes of platting and cleaning up the land records. B rook ings County, SD Vicinity Map 189 ft L E G E N D SEWER COLLECTION SYSTEMBROOKINGS MUNICIPAL UTILITIES2017 If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO VACATE NOTICE IS HEREBY GIVEN That the City of Brookings has submitted a petition to vacate the following: A portion of Western Avenue located in the SW ¼ of the NW ¼ of Section 26, T110N, R50W and the SE ¼ of the NE ¼ of Section 27, T110N, R50W NOTICE IS FURTHER GIVEN That said request will be acted on by the Planning Commission at 5:30 PM on Tuesday, January 3, 2017, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard in this matter. Dated this 23rd day of December, 2016. __________________________ Staci Bungard City Planner If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published twice, once on January 27, 2017 and February 3, 2017 at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO VACATE NOTICE IS HEREBY GIVEN That the City of Brookings submitted a petition to vacate the following: A portion of Western Avenue located in the SW ¼ of the NW ¼ of Section 26, T110N, R50W and the SE ¼ of the NE ¼ of Section 27, T110N, R50W NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council at 6:00 PM on Tuesday, February 14, 2017 in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard in this matter. Dated this 27th day of January. ____________________________ Staci Bungard City Planner Publish on January 27, 2017 Publish on February 3, 2017 City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 17-015,Version:1 Public Hearing and Action on Resolution 17-015, a Resolution of Intent to Lease Real Property at the Brookings Airport Terminal Building to Isaac Wilde. Summary: This resolution will allow the City to enter into a contract with Isaac Wilde to lease 282 square feet at the Brookings Airport Terminal Building for $10.00 per square foot per year for 2017 with the option to renew for one additional year. Background: Isaac Wilde has an ag-spraying business and would like to locate a small office at the Brookings Regional Airport on a temporary basis. He plans to construct a hangar on airport property in 2018, which will be located west of the Airport Fire & Rescue Building. The City negotiated with him to rent a space in the Airport Terminal Building for a small office and half of the entryway vestibule for a total of 282 square feet. The lease price would be $10.00 per square foot per year, which equates to $235 per month. Mr. Wilde will also pay for one-half of the utilities of the building, and the Civil Air Patrol pays the other half of the utilities. The Civil Air Patrol staff have agreed to this arrangement to co- locate in the Terminal. This resolution will approve a lease from March 1 to December 31, 2017, with an option for one additional year if agreeable to both parties. A public hearing is required as per SDCL 9-12-5.2 to lease to a private person: 9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing - Authorization. If the governing body decides to lease any municipally owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public hearing on the adoption of the resolution. Notice of the hearing shall be published in the official newspaper once, at least ten days prior to the hearing. Following the hearing the governing body may proceed to authorize the lease upon the terms and conditions it determines. The Notice of Public Hearing was published as required. This resolution will allow the City to enter into a lease agreement with Isaac Wilde for a lease for 282 square feet for 2017 with an option for 2018 for the price of $235 per month plus one-half of the utility cost. Fiscal Impact: The Airport Fund will receive $235 per month plus one-half the utilities from the lease. Recommendation: Staff recommends approval. Attachments: City of Brookings Printed on 2/8/2017Page 1 of 2 powered by Legistar™ File #:RES 17-015,Version:1 Resolution City of Brookings Printed on 2/8/2017Page 2 of 2 powered by Legistar™ Resolution 17-015 Resolution of Intent to Lease Real Property at the Brookings Airport Terminal Building to Isaac Wilde Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with Isaac Wilde for a period commencing March 1, 2017 and ending December 31, 2018, with an option of one additional year of 2018 and pertaining to the following described property: Approximately 282 square feet in the Brookings Airport Terminal Building located in Section 26, T110N, R50W, in the City of Brookings, Brookings County, South Dakota. The Lease will be an amount of Two Hundred Thirty Five Dollars per month ($235.00) and one-half the utility cost for 2017, with an option to renew for one additional year for 2018 if agreeable to both parties. Be It Further Noted, that a Public Hearing on this Resolution was held on February 14, 2017, at 6:00 o’clock P.M. in the Chambers of the City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Passed and approved this 14 th day of February, 2017. CITY OF BROOKINGS ____________________________________ Scott Munsterman, Mayor ATTEST: __________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2017-0048,Version:1 Demonstration of the City of Brookings Open Budget Website. Summary: As part of the City’s ongoing goal to be transparent to the citizens and taxpayers of the City of Brookings, we have partnered with a Seattle based company called Socrata which provides software that allows anyone with access to the internet to explore the City’s budget and actual performance in an interactive manner. We are excited to announce this launch and to demonstrate this product to the Council and public. The product can be accessed through the City’s website, or directly at <http://budget.cityofbrookings.org> City of Brookings Printed on 2/8/2017Page 1 of 1 powered by Legistar™