HomeMy WebLinkAbout2017_07_11 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, July 11, 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 2017-0419 Action to approve the June 27, 2017 City Council Minutes.
6/27/2017 CC MinutesAttachments:
4. Items removed from Consent Agenda.
Action: Motion to Approve, Request Public Comment, Roll Call
5. Open Forum/Presentations/Reports:
Page 1 City of Brookings
July 11, 2017City Council Meeting Agenda
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 17-069 Action on Resolution 17-069, a Resolution Awarding Bid for Recycling
Contract.
ResolutionAttachments:
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.
8. Public Hearings and Second Readings:
8.A.ORD 17-015 Public Hearing and Action on Ordinance 17-015, an Ordinance rezoning
the North 1350’ excluding the East 1128.5’ and the platted lots and
outlots thereof and excluding the North 451’ of the East 339’ of the West
651’ of the NE ¼ of Section 1-T109N-R50W, from an A, Agricultural
District to a Residence R-1D Single Family District, Residence R-2
Two-Family District and a Residence R-3 Apartment District (Arbor Hill
Addition).
Ordinance
Notice
06-06-2017 Planning Commission Minutes
Rezoning Map
Aerial Zoning Map
Rezoning Exhibit Map
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
6/27/17 City Council read into the record
9. Other Business:
9.A.RES 17-067 Action on Resolution 17-067, a Resolution Levying Assessment for 2017
Assessment of the 2014-02STA, Main Avenue South and 26th Street South
Reassessment.
Page 2 City of Brookings
July 11, 2017City Council Meeting Agenda
Resolution
Notice of Levy Hearing
Assessment Roll Reassess Filed on 6-12-17
Christie Heights Map No. 2 with values
Christie Springs Map No. 2 with values
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.B.RES 17-070 Action on Resolution 17-070, a Resolution authorizing Building Permits
After Declared Emergency.
ResolutionAttachments:
Action: Motion to Approve, Request Public Comment, Roll Call
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: Keith Corbett, Mayor, Mary Kidwiler, Deputy Mayor & Council Member
Council Members Patty Bacon, Dan Hansen, Ope Niemeyer, Holly Tilton Byrne, 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 3 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 2017-0419,Version:1
Action to approve the June 27, 2017 City Council Minutes.
Attachments:
6/27/2017 Minutes
City of Brookings Printed on 7/5/2017Page 1 of 1
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Brookings City Council
June 27, 2017 (unapproved)
The Brookings City Council held a meeting on Tuesday, June 27, 2017 at 5:00 p.m., at
City Hall with the following City Council members present: Mayor Keith Corbett, Council
Members Mary Kidwiler, Dan Hansen, Holly Tilton Byrne, Ope Niemeyer, and Nick
Wendell. Council Member Patty Bacon was absent. City Manager Jeffrey Weldon, City
Attorney Steve Britzman, and City Clerk Shari Thornes were also present.
Study Session. Discussion was held on the Site Analysis for a potential Indoor
Recreation Center.
Consent Agenda. A motion was made by Council Member Kidwiler, seconded by
Council Member Hansen, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Wendell, and Tilton Byrne;
Absent: 1 – Bacon.
A. Action to approve the agenda.
B. Action to approve the June 13, 2017 City Council Minutes.
C. Action on Resolution 17-068, a Resolution Fixing Time and Place for Hearing
Upon the Assessment Roll for the 2017 Assessment of the 2014-02STA Main
Ave. So. and 26th St. So. Reassessment.
Resolution 17-068 - Resolution Fixing Time and Place for Hearing Upon the
Assessment Roll for the 2017 Assessment of the 2014 -02STA Main Avenue South
and 26th Street South Reassessment
Be It Resolved, by the City Council of the City of Brookings, South Dakota, as
follows:
1. The Assessment Roll for the 2017 Assessment of the 2014-02STA Main
Avenue South and 26th Street South Reassessment having been filed in the office of
the City Clerk on the 12th day of June, 2017 and the City Council shall meet in the
Chambers, Brookings City & County Government Center, in said City on Tuesday,
the 11th day of July, 2017, at 6:00 o'clock PM.
2. The City Engineer is authorized and directed to prepare a notice describing, in
general terms the 2017 Assessment of the 2014-02STA Main Avenue South and
26th Street South Reassessment, the date of filing the assessment roll, the time and
place of hearing thereon, stating that the assessment roll will be open for public
inspection at the office of the City Engineer and referring to the assessment roll for
further particulars.
3. The City Clerk is authorized and directed to publish said notice in the official
newspaper not less than ten nor more than twenty days before the date set for
hearing and to mail a copy thereof, by first class mail addressed to the owner or
owners of any property to be assessed at his, her or their last mailing address as
shown by the records of the Director of Equalization not less than ten nor more than
twenty days before the date set for said hearing.
This resolution will rescind Resolution 17-066 adopted on June 13, 2017.
FIRST READING: Ordinance 17-015. Introduction and First Reading on Ordinance 17-
015, an Ordinance rezoning the North 1350’ excluding the East 1128.5’ and the platted
lots and outlots thereof and excluding the North 451’ of the East 339’ of the West 651’ of
the NE ¼ of Section 1-T109N-R50W, from an A, Agricultural District to a Residence R-
1D Single Family District, Residence R-2 Two-Family District and a Residence R-3
Apartment District. (Arbor Hill Addition) Public Hearing: July 11, 2017.
Temporary Liquor License. A Public Hearing was held on a Temporary Liquor
Application for the Brookings Volunteer Fire Association Street Dance to be held in the
300 Block of Main Avenue on July 22, 2017. A motion was made by Council Member
Hansen, seconded by Council Member Wendell, the Temporary Liquor Application be
approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer,
Hansen, Kidwiler, Wendell, and Tilton Byrne; Absent: 1 – Bacon.
Temporary Liquor License. Public Hearing was held on a Temporary Liquor
Application for Downtown Brookings, Inc., to host a series of events for Downtown at
Sundown on the 300 Block of 5th Street (between 3rd Ave. and Main Ave.) on July 13,
July 20, July 27, August 3, August 10, August 17 and August 24, 2017. A motion was
made by Council Member Kidwiler, seconded by Council Member Tilton Byrne, that the
Temporary Liquor Application be approved. The motion carried by the following vote:
Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Wendell, and Tilton Byrne; Absent: 1 –
Bacon.
Adjourn. A motion was made by Council Member Hansen, seconded by Council
Member Kidwiler, to adjourn the meeting at 6:17 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
Keith W. Corbett, 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 17-069,Version:2
Action on Resolution 17-069, a Resolution Awarding Bid for Recycling Contract.
The City of Brookings Collection department received bids on June 27, 2017 for the processing and
marketing of recycling material.
Summary:
Background: The City of Brookings currently has a contract which expires on December 31, 2017
with Cooks Wastepaper & Recycling to process and market all single stream recycling material
collected by the Solid Waste Collection Service.
Fiscal Impact:
The current contract from 2013 is for $42.00 per ton and the new contract will be for $55.00 per ton.
The increase is due to the growth of our community, processing fees, transportation fees and the
increase in the number of tons collected.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
City of Brookings Printed on 7/5/2017Page 1 of 1
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Resolution 17-069
Resolution Awarding Bid for Recycling Contract
Whereas, the City of Brookings opened bids for the processing and marketing of
recyclable material on Tuesday, June 27, 2017 at 1:30 p.m. at Brookings Government
Center; and
Whereas the City of Brookings has received the following per ton bid for the recycling
material from Cooks Wastepaper and Recycling, Inc. for $55.00 per ton.
Now, Therefore, Be It Resolved that the bid from Cooks Wastepaper and Recycling, Inc.
for $55.00 per ton be accepted.
Passed and approved this 11th day of July 2017.
CITY OF BROOKINGS
________________________________
Keith W. Corbett, 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 #:ORD 17-015,Version:2
Public Hearing and Action on Ordinance 17-015, an Ordinance rezoning the North 1350’ excluding
the East 1128.5’ and the platted lots and outlots thereof and excluding the North 451’ of the East 339’
of the West 651’ of the NE ¼ of Section 1-T109N-R50W, from an A, Agricultural District to a
Residence R-1D Single Family District, Residence R-2 Two-Family District and a Residence R-3
Apartment District (Arbor Hill Addition).
Summary:
The applicant is seeking to rezone a 31-acre parcel of land which is currently zoned Agricultural to
several residential districts including R-1D, R-2, and R-3. The rezoning is being proposed along with
a Preliminary Plat for Arbor Hill Addition, showing future residential development.
Background:
The property is located along 20th Street South and is currently undeveloped. The land is situated
between Bluegill Addition to the west and undeveloped R-3 property to the east. The general area is
residential in nature with R-1B land to the west, R-1C to the south, and R-3 property to the north and
east. The Comprehensive Plan Future Land Use Map shows the future land use as residential. The
proposed R-1D zoning is adjacent to Bluegill Addition and the R-2, and R-3 will transition to the east
to adjoin vacant R-3 property.
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.
4.The general area is predominantly residential with R-1B to the west, R-3 to the north and east,
and R-1C and Agricultural land to the south.
5.The property is located outside of the floodplain.
Planning Commission Recommendation:
The Planning Commission voted 7-0 to recommend approval of the rezoning request.
Attachments:
Ordinance
Notice
06-06-2017 PC Minutes
Rezoning Map
Aerial Zoning Map
Rezoning Exhibit Map
City of Brookings Printed on 7/5/2017Page 1 of 1
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Ordinance 17-015
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 1350’ excluding the East 1128.5’ and the platted lots and outlots thereof
and excluding the North 451’ of the East 339’ of the West 651’ of the NE ¼ of
Section 1-T109N-R50W, be and the same is hereby reclassified from an A,
Agricultural District to a Residence R-1D Single Family District, Residence R-2
Two-Family District and 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: June 27, 2017
Second Reading and Adoption: July 11, 2017
Published:July 14, 2017
CITY OF BROOKINGS, SD
________________________
Keith W. Corbett, 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 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 N 1350’ excluding the E 1128.5’ and the platted lots and outlots thereof
and excluding the N 451’ of the E 339’ of the W 651’ of the NE ¼ of Section 1-
T109N-R50W also know as 1718 20
th Street South from an A, Agricultural
District to a Residence R-1D Single Family District, Residence R-2 Two-
Family District and 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, June 6, 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 26th day of May, 2017.
____________________________
Staci Bungard
City Planner
Planning Commission
Brookings, South Dakota
June 6, 2017
OFFICIAL MINUTES
Chairperson Al Heuton called the regular meeting of the City Planning Commission to
order on Tuesday, June 6, 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, Lee Ann Pierce, Kristi Tornquist
and Heuton. Also present were City Planner Staci Bungard, Community Development
Director Mike Struck, City Engineer Jackie Lanning, Rick Ribstein, Kyle Schade, Orrin &
Mary Erickson, Kay Patrick, Jay Goldhorn, Brian Leuders, Dave Larson, Cory Morrow,
Dori Ohm, Amanda Quam, Jung-Han Kimn, Deb Wendland, and others.
Drew recused himself.
Item #4b –CD Properties LLC has submitted a petition to rezone the N1350’ excluding
the E1128.5’ and the platted lots and outlots thereof and excluding the N451’ of the
E339’ of the W651’ of the NE1/4 of Section 1-T109N-R50W also known as 1718 20th
Street South from an A, Agricultural District to a Residence R-1D Single Family District,
Residence R-2 Two-Family District and a Residence R-3 Apartment District.
(Aiken/Johnson) Motion to approve the rezone request. All present voted aye.
MOTION CARRIED.
OFFICIAL SUMMARY
Item #4b –This request is to rezone a 31-acre parcel of land which is currently zoned
Agricultural. There are multiple districts being proposed. A majority of the lots on the
west and through the middle is proposed to be zoned Residential R-1D. A portion in the
northeast corner will be zoned R-2 and then a small portion in the southeast corner is
proposed to be zoned to an R-3 Residential District.
James Drew feels that the zones being proposed are fitting based on the surrounding
zones and they also will start with the R-3 zoning on the west side and gradually move
to the east with R-2 Zoning and then R-1D zoning. James explained that they are
hoping to be able to have some walk-out lots available. The roads are laid out as so,
per request of the City. Tornquist questioned the drainage being proposed. James
noted that there are two lots being proposed for the drainage and this area is actually
near that natural drainage way through this development, with a slight shift to the west.
They also plan to have two ponds that will retain water in the proposed area.
Jay Goldhorn,1966 Spyglass Hill Drive, is wondering about a control structure for the
drainage. Is this going to be north of 20th Street S? Struck stated that north of 22nd St
S, there will be ponds for the drainage. Struck explained that all the drainage in this
area flows south so the land north of this development should not be affected. Jay
commented that the drainage actually flows thru where the developer is proposing a
road. And if the developer has to build this area up, the drainage could become an
issue. Heuton explained that after this land is rezoned, the developer will be required to
provide a plat of this land and the City will require a drainage plan be submitted and
approved.
Brian Leuders, 2027 17th Ave South, stated that the area which is zoned Ag, actually
drains into their yard. During heaving rains, runoff from this area has caused flooding
issues in their house. He is wondering if the lots just south of this acreage will be
required to drain south. He also questioned if the street between the proposed R-2 and
R-3 Districts is wide enough? Heuton is assuming that the street will be a typical city
street but that will be addressed during the platting process. In addition the drainage
will be addressed during the platting process.
Dave Larson, 2119 17th Ave S, is asking that the developer take the trees into
consideration when developing this area. The trees currently are in the backyard of
Dave’s yard and they appreciate the look and benefits of the trees.
Cory Morrow, 1919 Pebble Beach Circle, is concerned that Grand Arbor Avenue is
going to result in significant traffic increase near their property. Based on the way the
development is proposed, he feels a majority of the cars leaving this development will
come out on Grand Arbor Avenue.
Dori Ohm, 2111 17th Ave S, would also like to see that the trees be left. She also
questioned if these roads in this development will be constructed right away. She is
concerned that there are not enough egresses out of this area. Struck stated that a
secondary access will be required at the beginning of this construction phase. Amanda
Quam, 2220 17th Ave S, is also concerned about the influx of traffic with this
development. And she feels that maybe traffic evaluations should be done in this area
before the development is finalized.
Junh-Han Kimn,1938 Spyglass Hill Dr, is also concerned about the traffic coming off of
Grand Arbor Avenue.
Deb Wendland, 2103 17th Ave S would also like the developer to leave the trees. She is
also concerned about the traffic during construction.
James noted that a drainage study will be complete and will be approved by the City
prior to development starting. He does understand the drainage concerns of the
neighbors, but he feels that his development will take care of the water on his
development and should not affect the neighbors. James also commented that they will
definitely being leaving the trees. But he doesn’t have any control over future lot
owners. The traffic control in this development is based on the requirements of the city.
He agrees that the drainage to the east of this development does flow through the area
where the road is proposed, however, moving the road may not be an option since there
is already a road proposed to the east.
20 T H S T S
17TH AVE SUNKNOWN16TH AVE SBLUEGILL AVE2 4 T H S T S
2 2 N D S T S
S T J U S T I C E S T
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R-1B
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R-1B R-1B
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R-1B
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R-1B
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R-3
R-1B
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R-1B
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R-1BR-1B R-1B R-1C
A R-3
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R-1B
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R-2
R-1B R-1B
R-2R-2R-2R-2R-2 R-2R-2
R-1BR-1B
R-1BR-1B
R-1BR-1B
R-3R-3
R-1B
R-1BR-2 R-3
R-1BR-1B²
Arbor Hill Addition - R ezoning Map
Legend
Rezoning
STE. BRIARWOOD CIRCLEW. BRIARWOOD CIRCLE22ND ST. S.GRAND ARBOR CIRCLEFOX HILL CIRCLEWILDWOOD CIRCLE
GRAND ARBOR AVE
LUCERNE AVE.BLOCK 2BLOCK 3BLOCK 3BLOCK 4BLOCK 4BLOCK 6BLOCK 7BLOCK 128271110694517617651310111532141316195129834122187432126252322212042112456823456718171981151416241817337BLOCK 5R-3R-3R-2R-1DR-1DR-1DR-1DR-1DAR-1BR-1CR-3R-3R-3R-1BSHEET No. :PROJECT / SHEET TITLE :DESIGNED BY:CHECKED BY:DRAWN BY:DATE:JOB No.:www.bannerassociates.com
Toll Free: 1.855.323.6342
F:\22587-00\Design Phase\Acad\Arbor Hill Preliminary Plat.dwg;5/30/2017 10:04 AM
REZONE MAP
ARBOR HILL ADDITION
BROOKINGS, SDJDBPJCJDBMAY 201722587-001250'125'0125'GRID BEARINGLEGENDMONUMENT (FOUND)EXISTING PROPERTY LINEPROPOSED PROPERTY LINEPROPOSED BUILDING SETBACK LINEPROPOSED ZONING BOUNDARY20TH STREET S.17TH AVENUE S.
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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 17-067,Version:1
Action on Resolution 17-067, a Resolution Levying Assessment for 2017 Assessment of the 2014-02STA,
Main Avenue South and 26th Street South Reassessment.
Summary:
This resolution will authorize 2014-02STA Assessment costs for Christie Heights Addition and Christie Springs
Addition to be reassessed.
Background:
The Brookings City Council adopted Resolution of Necessity 05-14 on January 14, 2014 for the 2014-02STA
Main Avenue South and 26th Street South Assessment Project, and adopted Resolution 15-096, Levying
Assessment on September 22, 2015. The resolutions and Memorandum of Understanding between Oakwood
Equity LLC dated 5/5/2014 outlined the payment criteria for the assessment. The City did not receive the
second payment according to the payment criteria and proceeded to assess the outstanding balance plus
interest to the remaining lots in Christie Springs Addition and Christie Heights Addition with the adoption of
Resolution 17-034, a Resolution Levying Assessment for 2017 Assessment of the 2014-02STA, Main Avenue
South and 26th Street South Reassessment on March 28, 2017.
The outstanding principal balance for the 28 lots in Christie Heights Addition with interest from 1/1/2017 to
3/28/2017 is $359,472.22.
The outstanding principal balance for the five parcels in the Christie Springs Addition with interest from
1/1/2017 to 3/28/2017 is $86,043.54.
In an effort to avoid foreclosure, which will likely stall development in these two subdivisions, a local
development team has agreed in principle to acquire the property contingent upon financial restructuring with
existing creditors. Staff has verified with existing creditors their willingness to participate in a financial
restructuring.
The City’s portion of the financial restructuring entails levying $150,000 of the Christie Heights Addition
assessment to parcel 120001095002330 on the south side of 26th Street South, receiving $50,000 cash at the
time of closing, and a request from the new development team to waive the remaining outstanding balance of
$159,472.22 on the Christie Heights Addition as well as waive the $86,043.54 outstanding balance on the
Christie Springs Addition. In total, the request is to waive $245,515.76 in assessments, which is an eligible
expense under Tax Increment District #7 as it is infrastructure expenses. Re-levying the $150,000 to the
property on the south side of 26th Street South would become a deferred assessment as the property is
currently outside city limits and would become due at the time of annexation or request to connect to city
utilities.
If approved, Resolution 17-067 contains language authorizing the waiver of the $245,515.76 outstanding
assessment balance at the time of closing.
There are two primary public purposes for considering a financial restructuring. The first is Tax Increment
District #7 includes the Christie Heights and Christie Springs subdivisions within the district boundaries and
increment generated from these two subdivisions help reimburse the City for the infrastructure investments
th th
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File #:RES 17-067,Version:1
associated with Main Avenue South and 26th Street South. In addition, the reconstruction of 20th Street South
west of Main Avenue is also included in TIF #7 and increment available upon satisfying the Main Avenue
South/26th Street South project costs will be devoted to recovering City expenses for 20 th Street South.
The second public purpose is the continued availability of residential lots for the expansion of housing. The
Christie Springs Addition encompasses approximately 35 acres of residential zoned land and Christie Heights
Addition has had 43 homes constructed since 2015 with 28 buildable lots remaining. It is important from a
community perspective to provide a mix of housing options at various prices, location, and amenities as
individuals search for housing to meet their needs. In addition, it is important for continued residential growth
in the southern portion of the community as housing is necessary to support the planned commercial
development near 20th Street South and Main Avenue.
In summary, a financial restructuring of the assessments would include shifting $245,515.76 from
assessments to TIF #7, shifting $150,000 to the property on the south side of 26 th Street South as a deferred
assessment, and receiving $50,000 in cash at the time of closing.
The City published the notice of the public hearing and mailed a copy of the notice and assessment roll to the
property owners being assessed.
Fiscal Impact:
A financial restructuring of the assessments would include shifting $245,515.76 from assessments to TIF #7,
shifting $150,000 to the property on the south side of 26th Street South as a deferred assessment, and
receiving $50,000 in cash at the time of closing.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
Notice of Levy Hearing
Assessment Roll Reassess Filed on 6-12-17
Christie Heights Map No. 2 with values
Christie Springs Map No. 2 with values
City of Brookings Printed on 7/5/2017Page 2 of 2
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Resolution 17-067
Levying Assessment for 2017 Assessment of the
2014-02STA Main Avenue South & 26th Street South Reassessment
Whereas, the City Council has provided for the work completed under Project No.
2014-02STA Main Avenue South & 26th Street South Project.
Now Therefore, Be It Resolved by the City Council of the City of Brookings, South
Dakota, as follows:
1. The City Council adopted Resolution of Necessity No. 05-14 and has made
all investigation which it deemed necessary and has found and determined
that the amount which each lot or tract is benefited by the construction of the
street improvement heretofore designated as Street Assessment Project
2014-02STA Main Avenue South & 26th Street South Project in the amount is
the amount stated in the proposed assessment roll.
2. The City Council adopted Resolution 15-096 Levying Assessment for Project
No. 2014-02STA Main Avenue South & 26th Street South Street Assessment
Project and the requirements have not been met for parcel number 40970-
10950-022-00 located in the N1550’ of the NW1/4, Exc platted areas & Exc.
the S640’ of the N1062’ of E246’ & Exc. S20’ of N422’ of E223’ & Exc. the
W40’ of E223’ of S165’ of N402’, Section 2-T109N-R50W and parcel number
40970-10950-022-15 located in the W1/2 of the NW ¼ Exc. N1550’ & Exc.
Platted areas, Section 2-T109N-R50W, as referenced on the 2014-02STA
Assessment Roll approved by Resolution 15-096 on September 22, 2015.
The assessment is therefore being amended and reassessed, and collected
by the City in accordance with the procedure for Plan One in Section 9-43-
102, South Dakota Compiled Laws of 1967, as amended.
3. The City Council adopted Resolution 17-034 to levy the assessment for the
2017 Assessment of the 2014-02STA Main Avenue & 26th Street South
Reassessment as referenced on the 2014-02STA Assessment Roll approved
by Resolution 17-034 on March 28, 2017.
4. The 2014-02STA Main Avenue South & 26
th Street South Assessment and
Reassessment thereof have been revised as shown on the Assessment Roll
filed with the City Clerk’s Office on 6/12/17 and are hereby approved and the
assessments set forth in the assessment roll are hereby levied against each
and every lot, piece or parcel of land as described in the proposed
assessment roll. The assessment roll has been modified to reflect prior
payments and the assessment of Parcel Number 120000-10950-02330.
Assessments in the sum of $245,515.76 are set forth on the assessment roll,
however these assessments will be removed from the assessment roll at the
time of closing of the proposed settlement with Oakwood Equity Group LLC if
there is no valid objection or other action preventing the reassessment and
levy of the 2017 Assessment of the 2014-02STA Main Avenue South & 26th
Street South Reassessment as set forth herein.
5. The assessment shall be divided into ten (10) equal annual installments.
6. Such assessments, unless paid within thirty (30) days after the date of
mailing of a statement of account by the City, shall be collected by the City in
accordance with the procedure for Plan One in Sections to SDCL 9-43-102,
South Dakota Compiled Laws of 1967, as amended.
7. Interest of ten (10) percent per annum shall accrue on the unpaid balance of
the assessment for a maximum of ten (10) years.
8. The revised assessment and collection procedures set forth herein replace
the assessment payment procedures for Parcels 40970-10950-022-00 and
40970-10950-022-15 as set forth in that certain Memorandum of
Understanding dated May 5, 2014, filed May 7, 2014 at 1:05 p.m. and
recorded in Book 184 of Misc., at page 778 in the office of the Brookings
County Register of Deeds. The Mayor and City Clerk are authorized to
Release the above-described Memorandum of Understanding provided there
is no valid objection or other action preventing the levy of this assessment as
set forth herein.
Passed and approved this 11th day of July, 2017.
CITY OF BROOKINGS
_________________________
Keith W. Corbett, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
Notice of Public Hearing on Adoption of Resolution Levying Assessment for
2017 Assessment of the 2014-02STA Main Avenue South & 26th Street South
Reassessment
NOTICE is hereby given that on Tuesday, July 11, 2017, at six o’clock P.M., the
Brookings City Council will hold a Public Hearing in Chambers, Brookings City & County
Government Center, 520 3rd Street, Brookings, on a Resolution Levying Assessment for
2017 Assessment of the 2014-02STA Main Avenue South & 26th Street South
Reassessment in the City of Brookings for the following described properties:
Lots One (1), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Twelve (12),
Thirteen (13), Fourteen (14) and Fifteen (15) of Block One (1) and Lots Four (4),
Five (5), Seven (7), Eight (8), Nine (9), Ten (10) and Eleven (11) of Block Two (2),
and Lots Eleven (11) and Twelve (12) of Block Four (4) and Lots Two (2), Three
(3), Four (4), Five (5), Six (6), Seven (7), Eight (8) and Nine (9) of Block Five (5), all
in Christie Heights Addition; and The N1,550' of NW1/4 exc platted areas & exc
S640' of N1,062' of E246'&exc S20' of N422' of E223' and exc E223' of S165' of
N402' and exc S706.3' of the N1,094.2' of E281.9' of NW1/4, exc the S640' of the
N1,062.0' of E246' thereof, and exc the N422' of the E223' thereof, and exc
previously acquired public road ROW and exc the S455.8' of the N1,550' of the
E670.5' of the NW1/4 exc Block 4 of Plat of Block 4 of Christie Third Addition; and
The S455.8' of the N1,550.0' of the E670.5' of the NW1/4, exc Block 4 of plat of
Block 4 Christie Third Addition; and The S706.3' of N1,094.2' of the E281.9' of the
NW1/4, exc the S640' of the N1,062.0' of the E246.0' thereof and exc the N422.0'
of the E223.0' thereof, and exc previously acquired ROW in S2-T109-R50; and
Block Four (4) exc E620.5' in Christie Third Addition; and The E620.5' of Block
Four (4) of Christie Third Addition, and the NW1/4 of the SW 1/4 , Exc. Leibel Lot 1
of Christie Addition & Exc. The N. 35’, Section 2-109-50, all in the City of
Brookings, County of Brookings, State of South Dakota;
At the time and place set for this Public Hearing, all who appear will be given an
opportunity to express their views for or against the proposed Resolution as described
above.
Dated this 22nd day of June, 2017.
City Clerk
City of Brookings, South Dakota
Published ________ time(s) at an approximate cost of $______________.
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.
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 17-070,Version:1
Action on Resolution 17-070, a Resolution authorizing Building Permits After Declared Emergency.
Summary:
This resolution will authorize the City of Brookings to issue building permits for temporary structures
for use by the Brookings School District in the event of a declared emergency, and the building permit
fee will be waived for the temporary structures.
Background:
The Brookings School District has been developing an Emergency Plan for events such as natural
disasters or a fire that may damage school buildings. The plan includes bringing in modular
structures which could be used as temporary classrooms while a school was being repaired. The
school district would need to order the modular structures soon after a disaster since it can take 3 to
4 weeks for the structures to arrive. In the event of an emergency, City staff will work with the school
district on placement locations to determine suitable locations for safety and access.
This resolution will aid in expediting the approval for the temporary structures and will waive the
building permit fee for the temporary structures. A representative of the school district will be
available at the City Council meeting to answer questions.
Fiscal Impact:
There would be no revenue from the building permits for the temporary structures.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 17-070
A Resolution Authorizing Building Permits After Declared Emergency
Whereas, the City of Brookings is desirous in assisting the Brookings School District in
the event of a declared emergency; and
Whereas, the City of Brookings will allow temporary structures to be erected for
classroom use after an emergency is declared; and
Whereas, the City of Brookings will assist with determining the locations of temporary
structures for safety and access.
Now Therefore, Be It Resolved that building permit fee be waived for temporary
structures for the Brookings School District after a declared emergency.
Passed and approved this 11th day of July, 2017.
CITY OF BROOKINGS
_________________________
Keith W. Corbett, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk