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HomeMy WebLinkAbout2016_10_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, October 11, 2016 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 2016-0654 Action to approve the September 13 and September 27 City Council Minutes. 9/13/2016 Minutes 9/27/2016 Minutes Attachments: 3.C.RES 16-076 Action on Resolution 16-076, a Resolution revising certain Fees of the City of Brookings. Page 1 City of Brookings October 11, 2016City Council Meeting Agenda Resolution - marked Resolution - clean 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. 5.C.ID 2016-0655 First District Association of Local Governments Update. Brookings County Activities Presentation Attachments: 6. Contracts/Change Orders: 6.A.RES 16-082 Action on Resolution 16-082, a Resolution Awarding the Contract for Swiftel Center Finishes Updates Project. Resolution Bid Tab 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 16-022 Introduction and First Reading on Ordinance 16-022, an Ordinance amending the Requirements for Campaign Financing Disclosures in the City of Brookings, South Dakota. Public Hearing: November 8, 2016. Ordinance Campaign Finance Guidelines Attachments: 7.B.ORD 16-023 Introduction and First Reading on Ordinance 16-023, an Ordinance establishing procedure for Revisions and Amendments to Ordinances following First Readings. Public Hearing: November 8, 2016. Ordinance City Attorney Memo Attachments: 8. Public Hearings and Second Readings: Page 2 City of Brookings October 11, 2016City Council Meeting Agenda 8.A.ID 2016-0640 Public Hearing and Action on a temporary alcohol application to operate within the City of Brookings, South Dakota, for Cinema 8 State Theatre Company, Dick Peterson, owner, 219 6th Street, Brookings, South Dakota, for a Cinema 8 VIP Guest Gala on November 3, 2016. Public NoticeAttachments: Action: Open and Close Public Hearing, Motion to Approve, Roll Call 8.B.ORD 16-020 Public Hearing and Action on Ordinance 16-020, an Ordinance authorizing Supplemental Appropriation #2 to the 2016 Budget. OrdinanceAttachments: Action: Open and Close Public Hearing, Motion to Approve, Roll Call Legislative History 9/27/16 City Council read into the record 8.C.ORD 16-021 Public Hearing and Action on Ordinance 16-021, an Ordinance to Rezone a portion of Section 19-T110-R49W (as referenced on approved Wilbert Square Addition Preliminary Plat dated November 24, 2015 as Lots 1-3, Block 1, Wilbert Square Addition), from a Highway Business B-4 District to a Planned Development District. Ordinance Planning Commission Minutes Notice Preliminary Plat Zoning Map Rezoning Proposal Attachments: Action: Open and Close Public Hearing, Motion to Approve, Roll Call Legislative History 9/27/16 City Council read into the record 9. Other Business: 9.A.ID 2016-0651 Action on an Initial Development Plan for a Portion of Section 19-T110N-R49W as referenced on the approved Wilbert Square Addition Preliminary Plat dated November 24, 2015 as Lots 1-3, Block 1, Wilbert Square Addition. Planning Commission Minutes Initial Development Plan Architectural Drawing Preliminary Plat Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 10. City Council member introduction of topics for future discussion. Page 3 City of Brookings October 11, 2016City Council Meeting Agenda 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: Tim Reed, 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 4 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 2016-0654,Version:1 Action to approve the September 13 and September 27 City Council Minutes. Attachments: Sept. 13 Minutes Sept. 27 Minutes City of Brookings Printed on 10/6/2016Page 1 of 1 powered by Legistar™ Brookings City Council September 13, 2016 (unapproved) The Brookings City Council held a meeting on Tuesday, September 13, 2016 at 6:00 p.m., at City Hall with the following members present: Deputy Mayor Keith Corbett, Council Members, Mary Kidwiler, Dan Hansen, Ope Niemeyer, Nick Wendell, and Patty Bacon. Mayor Tim Reed was absent. City Attorney Steve Britzman, City Manager Jeffrey Weldon, and City Clerk Shari Thornes were also present. Consent Agenda. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, to approve the Consent Agenda. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell Absent: 1 – Reed. 3.A. Action to approve the agenda. 3.B. Action to approve the August 9 and August 23 City Council Minutes. 3.C. Action on Resolution 16-071, a Resolution authorizing Change Order No. 1 (Final) for 2016-06STI, Chip Seal Project; Topkote, Inc. Resolution 16-071 - Resolution Authorizing Change Order No. 1 (Final) for 2016-06STI, Chip Seal Project; Topkote, Inc. Be It Resolved by the City Council that the following change order be allowed for 2016-06STI, Chip Seal Project: Construction Change Order Number 1 (Final). Adjust plan quantities to as-constructed quantities for a total decrease of $27,357.09 to close out the project. 3.D. Action to approve Resolution 16-077, a Resolution authorizing the City Manager to sign documents for Project P-PH 0014(177)421 PCN 546N, US Highway 14 Project form 20th Avenue to 34th Avenue. Resolution 16-077 - A Resolution Authorizing the City Manager to Sign Documents For Project P-PH 0014(177)421 PCN 546N US Highway 14 Project from 20th Avenue to 34th Avenue Whereas, the Brookings City Council desires the construction improvement of 6th Street from 20th Avenue to east of 34th Avenue in Brookings, SD; and Whereas, the State of South Dakota will require a Temporary Easement from the City of Brookings for the project, which will damage approximately twelve trees; and Whereas, the State of South Dakota has offered $3,540.00 in compensation for the tree damage. Now, Therefore, Be It Resolved that the City Manager of the City of Brookings is authorized to sign the Offer and Statement of Compensation, Temporary Easement Agreement, and other related documents for Project P-PH 0014(177)421 PCN 546N, US Highway 14 Project, Brookings, SD. Bike Master Plan Community Workshops. The City Council and public were invited by Toole Design and the Brookings Bicycle Advisory Committee to attend Bike Master Plan Community Workshops on September 14 and 15. Resolution 16-078. A motion was made by Council Member Kidwiler, seconded by Council Member Wendell, that Resolution 16-078, a Resolution awarding the contract for Waste Tire Transportation and Disposal, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 – Reed. Resolution 16-078 - Resolution Awarding Bids for Waste Tire Transportation and Disposal Whereas, the City of Brookings has received two bids on August 30, 2016 for Waste Tire Transportation and Disposal: Liberty Tire Recycling, LLC in the amount of $169.75/ton, and New Deal Tire, LLC in the amount of $180.00/ton. Now Therefore, Be It Resolved that the bid from Liberty Tire Recycling, in the amount of $169.75 per ton, be accepted. Ordinance 16-019. A public hearing was held on Ordinance 16-019, an Ordinance appropriating monies to fund the necessary expenditures and liabilities of the City of Brookings for the 2017 Fiscal Year and providing for the Annual Tax Levy and Annual Tax for All Funds. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that Ordinance 16-019 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 – Reed. Ordinance 16-016. A public hearing was held on Ordinance 16-016, an Ordinance pertaining to a Conditional Use Permit on N ½ OL4 of SW ¼ NW ¼ in Section 23- T110N-R50W; and S ½ OL4 Exc W330’ of SW ¼ NW ¼ in Section 23-T110N-R50W (also known as 1222 Western Avenue). A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, that Ordinance 16-016 be approved with the Planning Commission’s stipulation that no mobile home or manufactured home would be on the lot for more than 90 days. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 – Reed. Ordinance 16-017. A public hearing was held on Ordinance 16-017, an Ordinance to Rezone the N84’ of S184’ of OL ‘C’ in NW ¼ NW ¼ in Section 2-T109N-R50W (2011 Western Avenue S.); and S100’ of OL ‘C’ of NW ¼ NW ¼ in Section 2-T109N-R50W (2019 Western Avenue S.) from an Agricultural A District to a Residence R-3 District. A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, that Ordinance 16-017 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 – Reed. Ordinance 16-018. A public hearing was held on Ordinance 16-018, an Ordinance to rezone Lot 1, Block 1 of Holibrook Addition, except the west 450’ of Lot 1; and Lot X-1 of Lot H-5, E ½ NW ¼ & Gov’t Lots 1 & 2 in Section 3-T110N-R49W, except the west 350’ of Lot X-1 (also known as 2500 6th Street), from a Highway Business B-4 District to a Planned Development District. A motion was made by Council Member Niemeyer, seconded by Council Member Kidwiler, that Ordinance 16-018 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 – Reed. Off-Sale Malt Beverage Alcohol License. A public hearing was held on an Off-Sale Malt Beverage Alcohol License for Old Market Eatery, LLC, Jesse Lee, owner, 424 5 th Street, Brookings, South Dakota, legal description: all of Lots 15-16-17-18, all in Block 7, Original Plat Addition (Condo Unit 201). A motion was made by Council Member Hansen, seconded by Council Member Wendell, that an Off-Sale Malt Beverage Alcohol License for Old Market Eatery be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 – Reed. Revised Preliminary Plat. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that a Revised Preliminary Plat for Lots 9-23, Block 7; Lots 7-19A, Block 8; Lots 1-5, Block 10; Arapahoe Lane; and Steamboat Trail in Timberline Addition in the W1/2 of the NE1/4 excluding the N1350’ in Section 34- T110N-R50W, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 – Reed. University Community Coalition Charter. A motion was made by Council Member Bacon, seconded by Council Member Kidwiler, that the Charter for the University Community Coalition, be approved. AMENDMENT: A motion was made by Council Member Wendell, seconded by Council Member Kidwiler, to add "SDSU State and Local Chair or designee" to standing membership. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 – Reed. AMENDMENT: A motion was made by Council Member Hansen, seconded by Council Member Wendell, stating that "No at large member would serve a term longer than two years with the ability to be reappointed." The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 – Reed. On the original motion, as amended, the motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 – Reed. University Community Coalition Sponsored by the City of Brookings, SD and South Dakota State University Adopted September 13, 2016 Purpose: The Brookings community and South Dakota State University (SDSU) have a long history of collaboration and cooperation for their mutual benefit. The purpose of this University Community Coalition is to identify, investigate, propose and advocate practices and policies that will improve the well-being of the university-community relationship and the quality of life in Brookings. In addition, the University Community Coalition will create a platform for effective communication between the Brookings community and South Dakota State University. Objectives: Provide a venue for collaboration and communication; Identify, investigate, and promote activities, practices, and policies that improve the university and community relationship; Explore where the Campus and Community can help each other attain its mission and vision; Enhance students off-campus experiences and encourage connectivity with the greater Brookings community; Encourage community members’ connectivity with university programs and events; Create initiatives to encourage public safety, community health, and a high quality of life for students and community members; and Provide a venue for community-wide discussion on issues affecting both the University and Brookings community; Expectations of the Coalition: Issues can be referred to the Coalition from the City Council, SDSU President’s Executive Council, SDSU Student Association, SDSU Academic Senate for assistance and advice. In addition to issues referred to them the Coalition will have a minimum of one open forum per year to hear issues and suggestions from the Brookings Community and the Campus Community. The Coalition will meet as needed to identify and promote activities, practices, and policies that will resolve issues and attain the stated objectives. The Coalition will also have an annual forum to review the year. The annual forum will include university administration, city officials, and student leaders. An annual report will be generated and published to the University President, the President’s Executive Council, the Mayor, and the City Council. This report will be a public document. Membership The Coalition will be comprised of a maximum of eleven members. The Coalition membership will include; Brookings City Manager or designee Brookings Chief of Police or designee SDSU Student Association President or designee SDSU State and Local Chair or designee SDSU VP of Student Affairs or designee SDSU VP of Public Safety and Security or designee Designees will need to be approved by the City Council. A maximum of five (5) at-large positions would be appointed by the Mayor and approved by the City Council. No at large member would serve a term longer than two years with the ability to be reappointed. The at-large appointments should consider issues facing the University and Community (i.e. university administrators and faculty, SDSU student, business leader, property owner, involved community member, bar proprietor). Expectations of members: Appoint a chair to conduct meetings and manage the agenda. Adhere to code of ethics and city open meeting policies. Work to achieve community wide solutions and not represent an individual member's goals or platform. 2017 Capital Improvement and Community Reinvestment Plans. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that the 2017 Capital Improvement and Community Reinvestment Plans be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 – Reed. 2017 Storm Drainage Fee Rates.A motion was made by Council Member Hansen, seconded by Council Member Bacon, directing staff to prepare a resolution for action at the September 27th Council Meeting with a 15% rate increase per year for the next three-year period. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 – Reed. Adjourn. A motion was made by Council Member Kidwiler, seconded by Council Member Bacon, to adjourn the meeting at 7:18 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk Brookings City Council September 27, 2016 (unapproved) The Brookings City Council held a meeting on Tuesday, September 27, 2016 at 6:30 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Keith Corbett, Mary Kidwiler, Dan Hansen, Ope Niemeyer, Nick Wendell, and Patty Bacon. Acting City Manager Jackie Lanning, City Attorney Steve Britzman and City Clerk Shari Thornes were also present. Consent Agenda. A motion was made by Council Member Hansen, seconded by Council Member Corbett, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. 3.A. Action to approve the agenda. 3.B. Action on various appointments to City Boards, Committees, and Commissions: Library Board: appoint James Rice (term ends 1/1/2018); Park & Recreation Board: appoint Doug smith (term ends 5/1/2018), appoint Thomas Thvedt as High School Student Representative (term ends 5/1/2017); Planning Commission: appoint Ryan Murphy (term ends 12/31/2020). Community Common Read Panel. The City Council and public were invited by the Human Rights Commission to attend the Community Common Read panel forum, “Depression is not a Choice,” on October 3rd. Downtown Brookings, Inc. Quarterly Report. Elliot Johnson, DBI Director, provided an update to the Mayor and City Council on current and upcoming events. Presentation on Brookings County Drug Court. Chief Deputy State’s Attorney Abigail Howard, Brookings Police Dept. Lt. Derrick Powers, Brookings County Third Judicial Circuit Judge Chris Giles, Brookings Co. Sheriff’s Office Sgt. Darren DeJong, and Third Circuit Court Services Officer Kisa Opp, presented information to the City Council on the Brookings County Drug Court. Resolution 16-081. A motion was made by Council Member Corbett, seconded by Council Member Kidwiler, that Resolution 16-081, a Resolution Awarding Snow Removal Equipment Contracts, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Resolution 16-081 - Resolution Awarding Snow Removal Equipment Contracts Whereas, the City of Brookings opened bids for Snow Removal Equipment on Tuesday, September 13, 2016 at 1:30 pm at Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for Snow Removal Equipment: Three (3) Motorgraders with Wings: Three bids were received. VJ Ahlers Excavating Inc, JD772CH, $165.00/hr.; Bowes Construction, two 140H, $195.00/hr. One (1) 3- to 6-Yard Loader: Winter Inc, JD624K, 3.5 cubic yards, $145.00/hr.; VJ Ahlers, JD624, 3.5 cubic yards, $150.00/hr.; Bowes Construction, 966H CAT, 5.25 cubic yards, $220.00/hr. Four (4) Loaders with Reversible Blades: Only three bids were received. Concrete Contractors Inc, two WA250’s, $190.00/hr. each; Bowes Construction, 950 CAT, $195.00/hr. Eight (8) End-Dump Trucks: VJ Ahlers Excavating Inc, #2, 25 cubic yards, $125.00/hr.; Winter Inc, #28, 23.34 cubic yards, $120.00/hr.; Prussman Contracting Inc, #19, 22.8 cubic yards, $125.00/hr.; Prussman Contracting Inc, #20, 22.8 cubic yards, $125.00/hr.; VJ Ahlers Excavating Inc, #5, 20 cubic yards, $110.00/hr.; Bowes Construction, #23, 22.7 cubic yards, $125.00/hr.; Bowes Construction, #24, 22.7 cubic yards, $125.00/hr.; Prussman Contracting Inc, #22, 22.2 cubic yards, $125.00/hr.; Prussman Contracting Inc, #21, 20.6 cubic yards, $125.00/hr.; Prussman Contracting Inc, #23, 19.5 cubic yards, $125.00/hr. Now Therefore, Be It Resolved the following bids be accepted: Three (3) Motorgraders with Wings: VJ Ahlers Excavating Inc, JD772CH, $165.00/hr.; Bowes Construction, two 140H, $195.00/hr. One (1) 3- to 6-Yard Loader: Winter Inc, JD624K, 3.5 cubic yards, $145.00/hr. Four (4) Loaders with Reversible Blades: Only three bids were received. Concrete Contractors Inc, two WA250’s, $190.00/hr. each; Bowes Construction, 950 CAT, $195.00/hr. Eight (8) End-Dump Trucks: VJ Ahlers Excavating Inc, #2, 25 cubic yards, $125.00/hr.; Winter Inc, #28, 23.34 cubic yards, $120.00/hr.; Prussman Contracting Inc, #19, 22.8 cubic yards, $125.00/hr.; Prussman Contracting Inc, #20, 22.8 cubic yards, $125.00/hr.; VJ Ahlers Excavating Inc, #5, 20 cubic yards, $110.00/hr.; Bowes Construction, #23, 22.7 cubic yards, $125.00/hr.; Bowes Construction, #24, 22.7 cubic yards, $125.00/hr.; Prussman Contracting Inc, #22, 22.2 cubic yards, $125.00/hr. FIRST READING: Ordinance 16-020. A public hearing was held on Ordinance 16-020, an Ordinance authorizing Supplemental Appropriation #2 to the 2016 Budget. Public Hearing: October 11, 2016. FIRST READING: Ordinance 16-021. A public hearing was held on Ordinance 16-021, an Ordinance to Rezone a portion of Section 19-T110N-R49W (as referenced on approved Wilbert Square Addition Preliminary Plat dated November 24, 2015 as Lots 1- 3, Block 1, Wilbert Square Addition), from a Highway Business B-4 District to a Planned Development District. Public Hearing: October 11, 2016. Temporary Alcohol License. A public hearing was held on a temporary alcohol application to operate within the City of Brookings, South Dakota, for the parking lot located at Old Market Eatery, LLC, Jesse Lee, owner, 424 5th Street, Brookings, South Dakota, to host a wedding reception on October 7, 2016. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that the temporary alcohol license be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Resolution 16-080. A motion was made by Council Member Hansen, seconded by Council Member Corbett, that Resolution 16-080, a Resolution Setting the Unit Financial Charge for the 2017, 2018, and 2019 Storm Drainage Fees, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Resolution 16-080 - Resolution Setting the Unit Financial Charge for the 2017, 2018, and 2019 Storm Drainage Fees Whereas, Chapter 72, Article II, of Code of Ordinances for the City of Brookings provides for setting the unit financial charge of Storm Drainage by Resolution; and Whereas, the unit financial charge will be increased by 15% over a three-year period. Now, Therefore, Be It Resolved that the unit financial charge for 2017 shall be 0.000567, the unit financial charge for 2018 shall be 0.000595, and the unit financial charge for 2019 shall be 0.000625 for Storm Drainage purposes. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Wendell, to adjourn the meeting at 7:28 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS Tim Reed, 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 16-076,Version:1 Action on Resolution 16-076, a Resolution revising certain Fees of the City of Brookings. Summary: This resolution will update the fees for various services provided by the City. Attached is a copy of the resolution which reflects the proposed changes and a copy with the proposed changes incorporated. Recommendation: Staff recommends approval. Attachments: Resolution - marked Resolution - clean City of Brookings Printed on 10/6/2016Page 1 of 1 powered by Legistar™ Resolution 16-076 A Resolution Revising Fees of the City of Brookings, South Dakota Whereas the fines, fees, and procedures pertaining to services of the City of Brookings shall be reviewed and revised; and Whereas the License Fees have been established by various chapters of the Code of Ordinances, the City Clerk license fees shall be revised; and Whereas weed removal, grass mowed, and line clearance removal is required under Section 62-90, of the Code of Ordinances, the Parks and Forestry Department Service Fees shall be revised; and Whereas street and sidewalk snow removal is required under Section 74-212, Article 5 of Chapter 74, of the Code of Ordinances, the Parks Department Service Fees shall be revised; and Whereas the Engineer Department Building Permit Fees required under Service Fees shall be adopted, under Section 22-35, Article II of Chapter 22 of the Code of Ordinances, shall be revised; and Whereas Planning And Zoning Application Fees required under Section 66-3 of Chapter 66, of the Code of Ordinances, the Community Development Department Fees shall be revised; and Whereas the Application Fees for sign permits required under Chapter 94, of the Code of Ordinances, the Community Development Departments Fees shall be revised; and Whereas the Investigation Fee for violation of Code under Chapter 94, of the Code of Ordinances, the Community Development Department Fees shall be revised; and Whereas the Airport Board is recommending fees, the fees shall be revised; and Whereas the Code of Ordinances under Section 34, requires inspections and plan reviews by the Fire Department, and reports of fires are provided, the Fire Department Fees shall be revised; and Whereas the Police Department assign officers and cars to escort the moving of structures within the City and provide accident reports the Police Departments Fee shall be revised; and Whereas the Library Board is recommending fees, the fees shall be revised; and Whereas the Solid Waste Collections and Landfill Fees have been reviewed and included herein; and Whereas the standardized fee for black and white copies is $.50, color copies $1.00 for all departments. Therefore, Be It Resolved that the fees be adopted and become effective January 1, 2017 as follows: City Clerk Circuses, carnivals Each circus per day 75.00$ Each carnival or similar exhibition, per day 25.00$ Commercial garbage haulers License 50.00$ Each annual renewal 25.00$ House movers Per year 50.00$ Pawnbrokers Per year 50.00$ Plumbing Contractor License 50.00$ Each annual renewal 25.00$ Vehicles for Hire First taxicab, or other vehicle for hire 25.00$ Per year Each additional vehicle operated by the 10.00$ Same person per year Vehicle for Hire Drivers Per year 15.00$ Going out of Business Sales License 25.00$ Delete Thirty (30) day renewal license 25.00$ Delete Transient Merchants Per month or part thereof 100.00$ DVD or CD Per disk 5.00$ Transportation Network Company License 250.00$ Add License - new drivers 25.00$ Add Per year 15.00$ Add Food Truck Per year 75.00$ Add Parks & Forestry Department Weed Control plus contractor cost 65.00$ Mowing 1st hour 150.00$ each additional hour or fraction 85.00$ each additional hour large area 125.00$ Sidewalk Snow Removal-1st Offense Per hour-per piece of equipment/1 hr. minimum 125.00$ Sidewalk Snow Removal-2nd Offense Per hour-per piece of equipment/1 hr. minimum 175.00$ DED Removal/BMU Line Clearance Aerial Bucket plus employee wage 150.00$ Loader plus employee wage 125.00$ Trucks plus employee wage 85.00$ Chipper plus employee wage 85.00$ Chainsaw/Miscellaneous Equipment plus Employee Wage 65.00$ Street Department Sign Repairs Replacement Cost, Plus Labor, Sales Tax, and Excise Tax - Traffic Accidents - Vandalism Street Repairs Replacement Cost for Materials City Engineer's Department Residential Building Permit Fees: Dwellings: Single-family dwellings, duplexes, townhouses: Finished Habitable space per square foot 65.00$ 70.00$ Finished basements per square foot 24.00$ 30.00$ Unfinished space (basement and upper levels) per square foot 18.00$ Attached garages per square foot 20.00$ Detached garages per square foot 18.00$ Building Permit Fee Schedule Group R-3 and U Occupancies Only: Total Valuation Fees $1.00 - 1,200.00 $20.00 $1,200.01 - 2,000.00 $10.00 for the first $500.00 plus $1.50 for each additional $100.00 or fraction thereof, to and including $2,000, for valuation in excess of $1,100.00 $2,000.01 - 25,000.00 $32.50 for the first $2,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $25,000.01 - 50,000.00 $170.50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $50,000.01 - 100,000.00 $283.00 for the first $50,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. $100,000.01 - and up $433.00 for the first $100,000.00 plus $2.50 for each additional $1,000.00 or fraction thereof Commercial Building Permit Fee Schedule Total Valuation Fees $1.00 - 700.00 $1 - 700.00 $20.00 $700.01 to 2,000.00 For values in excess of $700.00, $15.00 for the first $500.00, plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00 $2,000.01 to 25,000.00 $45.00 for the first $2,000 plus $9.00 for each additional $1,000 or fraction thereof, to and including $25,000. $25,000.01 to 50,000.00 $252.00 for the first $25,000 plus $6.50 for each additional $1,000 or fraction thereof, to and including $50,000. $50,000.01 to 100,000.00 $414.50 for the first $50,000 plus $4.50 for each additional $1,000 or fraction thereof, to and including $100,000. $100,000.01 to 500,000.00 $639.50 for the first $100,000 plus $3.50 for each additional $1,000 or fraction thereof, to and including $500,000.00 $500,000.01 to 1,000,000.00 $2,039.50 for the first $500,000 plus $3.00 for each additional $1,000 or fraction thereof, to and including $1,000,000.00 $1,000,000.00 and up $3,539.50 for the first $1,000,000 plus $2.00 for each additional $1,000 or fraction thereof. The base valuation to determine permit fees for residential buildings and additions are based on a dollar per square foot schedule per the following. The bid price must be quoted for renovations or remodels. Groups a, B, E, F, H, I, M, S, Group R Division I's and Division 2's (including Group U's accessory to the R-1 and R-2 occupancies): Other Inspections and Fees: Inspections outside normal business hours per hour (minimum charge of one hour)45.00$ 50.00$ Inspection for which no fee is specifically indicated per hour (minimum charge of 1/2 hour) 45.00$ 50.00$ Re-inspection fees assessed under provisions of Section R108 IRC and 108 IBC per hour 45.00$ 50.00$ Driveway, demolition, window replacement and other minor construction per permit 25.00$ Inspection fee assessed for moving house 200.00$ Moving Fee: Dwelling originally constructed on-site and previously occupied 200.00$ Moving Fee: Accessory building, mobile home, modular home, manufactured home 50.00$ New Planning and Zoning Change of Zone 250.00$ Planned Development District 250.00$ Final Development Plan 100.00$ Major Amendment 250.00$ Minor Amendment 100.00$ Board of Adjustment 125.00$ Preliminary Plats plus $1.00/lot over 20 lots or $1.00/acre over 1 acre 175.00$ Final Plats 160.00$ Vacation 150.00$ I-1R Site Plan 150.00$ Conditional Use 200.00$ Zoning & Use Registration Permit 60.00$ Rental License - --per structure plus $2.00 for each dwelling unit 20.00$ Tax Increment Financing Application 1,000.00$ Permanent Signs From 0 to less than 30 25.00$ From 30 to less than 60 30.00$ From 60 to less than 90 35.00$ From 90 to less than 120 40.00$ From 120 to less than 150 45.00$ From 150 to less than 180 50.00$ From 180 to less than 210 55.00$ From 210 to less than 240 60.00$ From 240 to less than 270 65.00$ From 270 to less than 300 70.00$ From 300 to less than 330 75.00$ From 330 to less than 360 80.00$ From 360 to less than 390 85.00$ From 390 to less than 420 90.00$ From 420 to less than 450 95.00$ From 450 to less than 480 100.00$ From 480 to less than 510 105.00$ From 510 to less than 540 110.00$ From 540 or more 115.00$ Non permanent Signs 15.00$ Portable Signs per week 15.00$ 45.00$ Banner Signs Exempt Square Feet Portable Signs per month. Maximum permit period shall not carry over from one permit period to the next Code Enforcement Code Enforcement Investigation per hour (1 hour minimum)45.00$ Industrial Lands Crop Land Lease Based on Bid Airport Fees Land Lease per square foot 0.11$ 0.12 Fuel Flowage :per gallon FBO 0.06$ per gallon Others 0.06$ Crop Land Lease Based on Bid Tie Down Fee Per week for tie down 11 days or longer from April 14 to October 14 25.00$ Hanger Application Fee 25.00$ Fire Protection Systems Fees Fire Sprinkler Systems $75.00 plus $.45 per sprinkler head Retrofitted Fire Sprinkler Systems $75.00 plus $.45 per sprinkler head Kitchen Hood Extinguishing Systems $90.00 $45.00 $0.20 Fire Alarm Systems $75.00 + $.45 each initiation & signaling device Fire Alarm System Modifications $37.50 + $.45 each initiation & signaling device False Fire Alarm Calls when trucks roll $0.00 First Call $50.00 Second Call $100.00 Third Call Flammable & Combustible Liquids Fees Flammable & Combustible Liquids 90.00$ Flammable & Combustible Liquids Modifications 45.00$ Site Plan Review Site Plan Review per hour (one hour minimum)45.00$ Inspections outside of normal business hours per hour (two hour minimum)45.00$ Re-inspection per hour (one hour minimum)45.00$ Fire Incident Reports 10.00$ Library Fees Out of County Library Card Per individual 32.00$ 35.00$ Per family 42.00$ 45.00$ Fax Sent or Received per page 2.25$ Fines Per day books 0.10$ Fines Per day DVD’s/VHS 1.00$ Process Fee Lost material per item 5.00$ Kitchen Hood Extinguishing System Modification Clean Agent or other Total Flooding System per square foot of covered area Police Department Fees Moving of Structure Per unit (Officer and patrol car)50.00$ 2 hour minimum per unit Accident Reports Per report 5.00$ Pictures, each 4.00$ Collection / Landfill Fees Residential Rate monthly plus sales tax 17.50$ Additional Carts monthly plus sales tax 3.50$ Yard Waste - Special Bag per bag 0.85$ Commerical Charges - 5 carts monthly plus sales tax 35.00$ Additional Carts monthly plus sales tax 3.50$ Dumpster Charges - Twice Week Pick Up 1.5 cubic yard container monthly plus sales tax 90.00$ 2.0 cubic yard container monthly plus sales tax 115.00$ 3.0 cubic yard container monthly plus sales tax 140.00$ 4.0 cubic yard container monthly plus sales tax 165.00$ 5.0 cubic yard container monthly plus sales tax 190.00$ 6.0 cubic yard container monthly plus sales tax 217.00$ 7.0 cubic yard container monthly plus sales tax 243.00$ 8.0 cubic yard container monthly plus sales tax 268.00$ Dumpster Charges - Additional Pick Up 1.5 cubic yard container plus sales tax 29.00$ 2.0 cubic yard container plus sales tax 35.00$ 3.0 cubic yard container plus sales tax 47.00$ 4.0 cubic yard container plus sales tax 58.00$ 240 Pound Material Minimum plus sales tax and $1.00 per ton state fee 5.00$ Commercial plus sales tax and $1.00 per ton state fee 43.00$ Compost/Leaves/Grass plus sales tax and $1.00 per ton state fee 43.00$ Demolition plus sales tax and $1.00 per ton state fee 43.00$ Domestic plus sales tax and $1.00 per ton state fee 43.00$ Industrial plus sales tax and $1.00 per ton state fee 43.00$ Metal plus sales tax and $1.00 per ton state fee 43.00$ Asbestos (region only)plus sales tax and $1.00 per ton state fee 43.00$ 500 Pound Material Minimum plus sales tax 5.00$ Fill per ton plus sales tax 21.00$ Lumber per ton plus sales tax 21.00$ Roofing and Siding per ton plus sales tax 21.00$ Concrete per ton plus sales tax 21.00$ Trees per ton plus sales tax 21.00$ Contaminated Soil per ton plus sales tax 11.00$ Asbestos (accepted in region only)per bag plus sales tax 7.50$ Refrigerators / Air Conditioners plus sales tax 12.00$ Mobile Homes plus sales tax 135.00$ Tires:ATV plus sales tax 2.00$ Car plus sales tax 3.00$ Pickup plus sales tax 5.00$ Tire on Rim plus sales tax 6.00$ Truck plus sales tax 11.00$ Tractor plus sales tax 30.00$ Passed and approved on this 11th day of October, 2016. CITY OF BROOKINGS _______________________________ Tim Reed, Mayor ATTEST: __________________________________ Shari Thornes, City Clerk Resolution 16-076 A Resolution Revising Fees of the City of Brookings, South Dakota Whereas the fines, fees, and procedures pertaining to services of the City of Brookings shall be reviewed and revised; and Whereas the License Fees have been established by various chapters of the Code of Ordinances, the City Clerk license fees shall be revised; and Whereas weed removal, grass mowed, and line clearance removal is required under Section 62-90, of the Code of Ordinances, the Parks and Forestry Department Service Fees shall be revised; and Whereas street and sidewalk snow removal is required under Section 74-212, Article 5 of Chapter 74, of the Code of Ordinances, the Parks Department Service Fees shall be revised; and Whereas the Engineer Department Building Permit Fees required under Service Fees shall be adopted, under Section 22-35, Article II of Chapter 22 of the Code of Ordinances, shall be revised; and Whereas Planning And Zoning Application Fees required under Section 66-3 of Chapter 66, of the Code of Ordinances, the Community Development Department Fees shall be revised; and Whereas the Application Fees for sign permits required under Chapter 94, of the Code of Ordinances, the Community Development Departments Fees shall be revised; and Whereas the Investigation Fee for violation of Code under Chapter 94, of the Code of Ordinances, the Community Development Department Fees shall be revised; and Whereas the Airport Board is recommending fees, the fees shall be revised; and Whereas the Code of Ordinances under Section 34, requires inspections and plan reviews by the Fire Department, and reports of fires are provided, the Fire Department Fees shall be revised; and Whereas the Police Department assign officers and cars to escort the moving of structures within the City and provide accident reports the Police Departments Fee shall be revised; and Whereas the Library Board is recommending fees, the fees shall be revised; and Whereas the Solid Waste Collections and Landfill Fees have been reviewed and included herein; and Whereas the standardized fee for black and white copies is $.50, color copies $1.00 for all departments. Therefore, Be It Resolved that the fees be adopted and become effective January 1, 2017 as follows: City Clerk Circuses, carnivals Each circus per day 75.00$ Each carnival or similar exhibition, per day 25.00$ Commercial garbage haulers License 50.00$ Each annual renewal 25.00$ House movers Per year 50.00$ Pawnbrokers Per year 50.00$ Plumbing Contractor License 50.00$ Each annual renewal 25.00$ Vehicles for Hire First taxicab, or other vehicle for hire 25.00$ Per year Each additional vehicle operated by the 10.00$ Same person per year Vehicle for Hire Drivers Per year 15.00$ Transient Merchants Per month or part thereof 100.00$ DVD or CD Per disk 5.00$ Transportation Network Company License 250.00$ License - new drivers 25.00$ Per year 15.00$ Food Truck Per year 75.00$ Parks & Forestry Department Weed Control plus contractor cost 65.00$ Mowing 1st hour 150.00$ each additional hour or fraction 85.00$ each additional hour large area 125.00$ Sidewalk Snow Removal-1st Offense Per hour-per piece of equipment/1 hr. minimum 125.00$ Sidewalk Snow Removal-2nd Offense Per hour-per piece of equipment/1 hr. minimum 175.00$ DED Removal/BMU Line Clearance Aerial Bucket plus employee wage 150.00$ Loader plus employee wage 125.00$ Trucks plus employee wage 85.00$ Chipper plus employee wage 85.00$ Chainsaw/Miscellaneous Equipment plus Employee Wage 65.00$ Street Department Sign Repairs Replacement Cost, Plus Labor, Sales Tax, and Excise Tax - Traffic Accidents - Vandalism Street Repairs Replacement Cost for Materials City Engineer's Department Residential Building Permit Fees: Dwellings: Single-family dwellings, duplexes, townhouses: Finished Habitable space per square foot 70.00$ Finished basements per square foot 30.00$ Unfinished space (basement and upper levels) per square foot 18.00$ Attached garages per square foot 20.00$ Detached garages per square foot 18.00$ Building Permit Fee Schedule Group R-3 and U Occupancies Only: Total Valuation Fees $1.00 - 1,200.00 $20.00 $1,200.01 - 2,000.00 $10.00 for the first $500.00 plus $1.50 for each additional $100.00 or fraction thereof, to and including $2,000, for valuation in excess of $1,100.00 $2,000.01 - 25,000.00 $32.50 for the first $2,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $25,000.01 - 50,000.00 $170.50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $50,000.01 - 100,000.00 $283.00 for the first $50,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. $100,000.01 - and up $433.00 for the first $100,000.00 plus $2.50 for each additional $1,000.00 or fraction thereof Commercial Building Permit Fee Schedule Total Valuation Fees $1.00 - 700.00 $1 - 700.00 $20.00 $700.01 to 2,000.00 For values in excess of $700.00, $15.00 for the first $500.00, plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00 $2,000.01 to 25,000.00 $45.00 for the first $2,000 plus $9.00 for each additional $1,000 or fraction thereof, to and including $25,000. $25,000.01 to 50,000.00 $252.00 for the first $25,000 plus $6.50 for each additional $1,000 or fraction thereof, to and including $50,000. $50,000.01 to 100,000.00 $414.50 for the first $50,000 plus $4.50 for each additional $1,000 or fraction thereof, to and including $100,000. $100,000.01 to 500,000.00 $639.50 for the first $100,000 plus $3.50 for each additional $1,000 or fraction thereof, to and including $500,000.00 $500,000.01 to 1,000,000.00 $2,039.50 for the first $500,000 plus $3.00 for each additional $1,000 or fraction thereof, to and including $1,000,000.00 $1,000,000.00 and up $3,539.50 for the first $1,000,000 plus $2.00 for each additional $1,000 or fraction thereof. The base valuation to determine permit fees for residential buildings and additions are based on a dollar per square foot schedule per the following. The bid price must be quoted for renovations or remodels. Groups a, B, E, F, H, I, M, S, Group R Division I's and Division 2's (including Group U's accessory to the R-1 and R-2 occupancies): Other Inspections and Fees: Inspections outside normal business hours per hour (minimum charge of one hour)50.00$ Inspection for which no fee is specifically indicated per hour (minimum charge of 1/2 hour) 50.00$ Re-inspection fees assessed under provisions of Section R108 IRC and 108 IBC per hour 50.00$ Driveway, demolition, window replacement and other minor construction per permit 25.00$ Moving Fee: Dwelling originally constructed on-site and previously occupied 200.00$ Moving Fee: Accessory building, mobile home, modular home, manufactured home 50.00$ Planning and Zoning Change of Zone 250.00$ Planned Development District 250.00$ Final Development Plan 100.00$ Major Amendment 250.00$ Minor Amendment 100.00$ Board of Adjustment 125.00$ Preliminary Plats plus $1.00/lot over 20 lots or $1.00/acre over 1 acre 175.00$ Final Plats 160.00$ Vacation 150.00$ I-1R Site Plan 150.00$ Conditional Use 200.00$ Zoning & Use Registration Permit 60.00$ Rental License - --per structure plus $2.00 for each dwelling unit 20.00$ Tax Increment Financing Application 1,000.00$ Permanent Signs From 0 to less than 30 25.00$ From 30 to less than 60 30.00$ From 60 to less than 90 35.00$ From 90 to less than 120 40.00$ From 120 to less than 150 45.00$ From 150 to less than 180 50.00$ From 180 to less than 210 55.00$ From 210 to less than 240 60.00$ From 240 to less than 270 65.00$ From 270 to less than 300 70.00$ From 300 to less than 330 75.00$ From 330 to less than 360 80.00$ From 360 to less than 390 85.00$ From 390 to less than 420 90.00$ From 420 to less than 450 95.00$ From 450 to less than 480 100.00$ From 480 to less than 510 105.00$ From 510 to less than 540 110.00$ From 540 or more 115.00$ Non permanent Signs 15.00$ Portable Signs per week 15.00$ 45.00$ Banner Signs Exempt Code Enforcement Square Feet Portable Signs per month. Maximum permit period shall not carry over from one permit period to the next Code Enforcement Code Enforcement Investigation per hour (1 hour minimum)45.00$ Industrial Lands Crop Land Lease Based on Bid Airport Fees Land Lease per square foot 0.12$ Fuel Flowage :per gallon FBO 0.06$ per gallon Others 0.06$ Crop Land Lease Based on Bid Tie Down Fee Per week for tie down 11 days or longer from April 14 to October 14 25.00$ Hanger Application Fee 25.00$ Fire Protection Systems Fees Fire Sprinkler Systems $75.00 plus $.45 per sprinkler head Retrofitted Fire Sprinkler Systems $75.00 plus $.45 per sprinkler head Kitchen Hood Extinguishing Systems $90.00 $45.00 $0.20 Fire Alarm Systems $75.00 + $.45 each initiation & signaling device Fire Alarm System Modifications $37.50 + $.45 each initiation & signaling device False Fire Alarm Calls when trucks roll $0.00 First Call $50.00 Second Call $100.00 Third Call Flammable & Combustible Liquids Fees Flammable & Combustible Liquids 90.00$ Flammable & Combustible Liquids Modifications 45.00$ Site Plan Review Site Plan Review per hour (one hour minimum)45.00$ Inspections outside of normal business hours per hour (two hour minimum)45.00$ Re-inspection per hour (one hour minimum)45.00$ Fire Incident Reports 10.00$ Library Fees Out of County Library Card Per individual 35.00$ Per family 45.00$ Fax Sent or Received per page 2.25$ Fines Per day books 0.10$ Fines Per day DVD’s/VHS 1.00$ Process Fee Lost material per item 5.00$ Kitchen Hood Extinguishing System Modification Clean Agent or other Total Flooding System per square foot of covered area Police Department Fees Moving of Structure Per unit (Officer and patrol car)50.00$ 2 hour minimum per unit Accident Reports Per report 5.00$ Pictures, each 4.00$ Collection / Landfill Fees Residential Rate monthly plus sales tax 17.50$ Additional Carts monthly plus sales tax 3.50$ Yard Waste - Special Bag per bag 0.85$ Commerical Charges - 5 carts monthly plus sales tax 35.00$ Additional Carts monthly plus sales tax 3.50$ Dumpster Charges - Twice Week Pick Up 1.5 cubic yard container monthly plus sales tax 90.00$ 2.0 cubic yard container monthly plus sales tax 115.00$ 3.0 cubic yard container monthly plus sales tax 140.00$ 4.0 cubic yard container monthly plus sales tax 165.00$ 5.0 cubic yard container monthly plus sales tax 190.00$ 6.0 cubic yard container monthly plus sales tax 217.00$ 7.0 cubic yard container monthly plus sales tax 243.00$ 8.0 cubic yard container monthly plus sales tax 268.00$ Dumpster Charges - Additional Pick Up 1.5 cubic yard container plus sales tax 29.00$ 2.0 cubic yard container plus sales tax 35.00$ 3.0 cubic yard container plus sales tax 47.00$ 4.0 cubic yard container plus sales tax 58.00$ 240 Pound Material Minimum plus sales tax and $1.00 per ton state fee 5.00$ Commercial plus sales tax and $1.00 per ton state fee 43.00$ Compost/Leaves/Grass plus sales tax and $1.00 per ton state fee 43.00$ Demolition plus sales tax and $1.00 per ton state fee 43.00$ Domestic plus sales tax and $1.00 per ton state fee 43.00$ Industrial plus sales tax and $1.00 per ton state fee 43.00$ Metal plus sales tax and $1.00 per ton state fee 43.00$ Asbestos (region only)plus sales tax and $1.00 per ton state fee 43.00$ 500 Pound Material Minimum plus sales tax 5.00$ Fill per ton plus sales tax 21.00$ Lumber per ton plus sales tax 21.00$ Roofing and Siding per ton plus sales tax 21.00$ Concrete per ton plus sales tax 21.00$ Trees per ton plus sales tax 21.00$ Contaminated Soil per ton plus sales tax 11.00$ Asbestos (accepted in region only)per bag plus sales tax 7.50$ Refrigerators / Air Conditioners plus sales tax 12.00$ Mobile Homes plus sales tax 135.00$ Tires:ATV plus sales tax 2.00$ Car plus sales tax 3.00$ Pickup plus sales tax 5.00$ Tire on Rim plus sales tax 6.00$ Truck plus sales tax 11.00$ Tractor plus sales tax 30.00$ Passed and approved on this 11th day of October, 2016. CITY OF BROOKINGS _______________________________ Tim Reed, 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 2016-0655,Version:1 First District Association of Local Governments Update. Summary: Todd Kays, Executive Director, will provide a presentation to the Mayor and City Council. Attachments: Brookings County Activities Presentation City of Brookings Printed on 10/6/2016Page 1 of 1 powered by Legistar™ 2015 BROOKINGS COUNTY ACTIVITIES    Brookings County     County Address Range GIS Data Set Maintenance (SD  One Call data set)   County Road Centerline GIS Data Set Maintenance  (SDDOT data set)   Attend Monthly Brookings County Planning  Commission Meetings   Assisted in preparation and submission of SD GOED  LIIP grant application for road project – Project  received $100,000 Grant in 2015   Assisted in preparation and submission of SDDOT  Agri‐business grant application – Project received  $200,000 grant in 2015   Prepared Brookings County Site Analysis – Project  funded by South Dakota Department of  Agriculture in 2015 ($6,000)   Assisted with the development of Brookings County  Comprehensive Land Use Plan     City of Brookings   Assisted in the administration of SDDENR SRF loan for Storm Drainage Improvements ‐ Division Avenue Drainage  Project awarded $1.57 million loan in 2014.   Assisted in the administration of CDBG Grant for Brookings Boys and Girls Club – Project awarded $412,000 grant  awarded in 2012.   Assisting in the administration of CWFCP Grant and SDDENR SRF Loan for Brookings Municipal Utilities sanitary  sewer project – Project awarded $1,000,000 Consolidated grant and $30.6 million SDDENR SRF loan 2012.  Sinai      Administering SDDENR SRF Grant and Loan programs for Sanitary Sewer Lagoon and collection system project. Sinai  received $1,000,000 CWFCP Grant and $500,000 SRF loan with $100,000 principal forgiveness in 2014   Administered SDDENR SRF Grant and Loan programs for water project. Kingbrook Rural Water system received  $1,290,000 SRF loan for Sinai connection to Kingbrook in 2014    Volga     Developed Comprehensive Land Use Plan and Zoning Ordinance   Prepared environmental review for ICAP Self Help Opportunity Program grant to purchase lots     Miscellaneous      Assisted with preparation of SD GOED Economic Development Partnership grant application – Brookings Economic  Development Corporation received $150,000 grant in 2015   Zoning Administration assistance: Aurora, Elkton, White, Volga and Brookings County   Partnered with local lenders in providing $299,750 in financing to 2 businesses with total project costs of $638,550   Obtained District‐wide grant for economic development – City of Brookings Share $3,945    Return on Investment FY 2008‐2015 (Based upon City of Brookings 2008‐2015 dues ‐ $58,398): $84.98 – Therefore for  every dollar of dues paid in FY 2008‐2015, the District assisted in generating $84.98 Federal and State grant funding.   FY 2015   Grants Awarded  FY 2015  Dues  FY 2015  ROI  FY 2008‐15 Grants  Awarded  FY 2008‐15  Dues  FY 2008‐15   ROI  City of  Brookings  $3,945 $8,885 $0.44 $4,962,365 $58,398 $84.98  Brookings  County  $461,637              $52,445       $8.80 $ 9,406,118       $367,145 $25.62 First District Association of Local Governments First District Stats:Established in 1971Mission:11 counties and 75 communities working together to improve the quality of life within our regionMember Counties include: Brookings, Clark, Codington, Deuel, Grant, Hamlin, Kingsbury, Lake, Miner, Moody and RobertsPopulation: 118,839 (2014)Geographic Area: 7,851sq. Mi. First District’s Governing Body:First District is governed by a public body known as the “Governing Body”.The Governing Body is responsible for establishing District goals and policies.Governing Body composed of:– 1 county commissioner from each county (Stephne Miller)– 1 elected municipal representative from each county (Fred Weekes)– 1 at-large member from each county (Mike Bartley)– Chairmen of Flandreau Santee Sioux Tribe and Sisseton Wahpeton Tribe Fee for Service51%Dues 23%State & Federal Grants/Contracts26%FY 2016 District Funding Staff… 190 Years of Cumulative Experience with First DistrictYears MonthsTodd A. Kays Executive Director 22 10Greg Maag Economic Development Officer 23 9Ted Haeder Economic Development Officer 10 5Ryan Hartley GIS Coordinator 20 10Darin Stein Senior GIS Analyst 17 3Amy Arnold GIS Specialist 8 2Luke Muller Planner 7 4Paula Hulscher FDDC Executive Vice President 21 4Amy Waite FDDC Loan Officer 11 6Katie Carter FDDC Assistant Loan Officer 6 3Andrea Thyen FDDC Assistant Loan Officer 0 8Jan McNamara Office Manager 42 3 Planning District Work AreasApplication Packaging(hundreds of proposals per year)Project Administration(red tape management)Planning and Research(zoning, surveys, studies)Technical and Financial Specialties(TIFs, GIS, RLFs)Program Support and Promotion(state and federal infrastructure programs) DistrictResultsProvide project services at costs under private sector2015 Dues: $244,2502015 Grants and Loans: $21,831,9302015 Grants -$10,206,040Return on Investment (Grants) FY 15: $41.78Return on Investment (Grants) FY 14: $29.49Return on Investment (Grants) FY 13: $30.92Return on Investment (Grants) FY 12: $20.45Return on Investment (Grants) FY 11: $4.67Return on Investment (Grants) FY 10: $30.47Return on Investment (Grants) FY 09: $41.97Return on Investment (Grants) FY 08: $26.29Average Return on Investment (Grants) FY 08-15: $28.38 Brookings County Results(Grants) 2015 Dues: $52,445 Dues (08 to 15: $367,145)2015 Grants: $461,637FY 08 to 15: $9,406,118Return on Investment FY 15: $8.80Return on Investment FY 14: $21.80Return on Investment FY 13: $12.28Return on Investment FY 12: $32.05Return on Investment FY 11: $0.51Return on Investment FY 10: $31.19Return on Investment FY 09: $24.77Return on Investment FY 08: $85.83Average Return on Investment FY 08 to 15: $25.62 City of Brookings Results2015 Dues: $8,885 (08 to 15: $58,398)Grants FY 15: $3,945Grants FY 08 to 15 –$4,962,365Return on Investment FY 15: $0.44Return on Investment FY 14: $0.53Return on Investment FY 13: $0.52Return on Investment FY 12: $197.01Return on Investment FY 11: $0.00Return on Investment FY 10: $10.23Return on Investment FY 09: $19.44Return on Investment FY 08: $568.48Average Return on Investment FY 08-15: $84.98 Brookings CountyResults(Business Loans)Business Loan Activity–Two loans: $299,750– Total Project Cost: $638,550 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 16-082,Version:1 Action on Resolution 16-082, a Resolution Awarding the Contract for Swiftel Center Finishes Updates Project. Summary: This resolution will award bids for the Swiftel Center Finishes Updates Project. Background: The concrete polish and tile replacement projects were both a part of the Capital Improvement Plan. The concourse portion of the tile project will continue the existing glazed lobby tile down the concourse to the arena floor with a slightly different pattern. The kitchen portion will replace the current roll vinyl flooring with a quarry tile designed for commercial kitchens. The concrete polish in the main arena will fill the large cracks and repair damaged control joints, along with polishing the concrete. Bids were opened Tuesday, October 4, 2016 at 1:30 pm at the Brooking City & County Government Center. A total of five (5) bids were received. Following are the three (3) bids which provided complete bid totals for the base tile, base concrete, and alternate #T1: Name Combined Bid Work Days Needed Clark Drew Construction $171,122.00 24 Sunkota $265,400.00 46 ICS $324,725.00 45 Staff is recommending the council award the bid to Clark Drew Construction in the amount of $171,122. Fiscal Impact: The total budget for these projects is $195,781.00. The perceived low bidder is well within the budget. These capital items are carry-over from 2015. Recommendation: Staff recommends approval. Attachments: Resolution Bid Tab City of Brookings Printed on 10/6/2016Page 1 of 1 powered by Legistar™ Resolution 16-082 Resolution Awarding Bid for Swiftel Center Finishes Update Whereas, the City of Brookings has received five bids on October 4, 2016 at 1:30 pm for Swiftel Center Finishes updates; and Whereas, the City of Brookings is looking to award the base tile, base concrete and alternate #T1. The following three companies provided complete bids for those items; Name Combined Bid Work Days Needed Clark Drew Construction $171,122.00 24 Sunkota $265,400.00 46 ICS $324,725.00 45 Now, Therefore, Be It Resolved that the low bid from Clark Drew Construction in the amount of $171,122.00 to accepted. Passed and approved this 11th day of October, 2016. CITY OF BROOKINGS _________________________________ Tim Reed, Mayor ATTEST: ___________________________ Shari Thornes, City Clerk BID TABULATION JLG 16132 - Swiftel Finishes Updates BID TIME:Until 1:30 PM Local List Addendas issued: Addedum 01 dated 092716 Contractors Acknowledged Addedas Base Bid (TILE)# of days Base Bid (CONCRETE)# of days Alternate # T0 Alternate #T1 Alternate #T2 Alternate #T3 Alternate # C0 Alternate # C1 Alternate # C2 Comments: Contractor Name Sunkota X 114,900.00$ 25 136,000.00$ 46 45,800.00$ 14,500.00$ 20,000.00$ 39,000.00$ 62,000.00$ 10,500.00$ 10,300.00$ ul $30.00 (-/+)? Clark Drew X 75,951.00$ 10 84,986.00$ 10 -$ 10,185.00$ 20,150.00$ 48,890.00$ -$ 15,560.00$ 15,560.00$ ul Add $21.63 All Finish Concrete X No Bid No Bid 72,900.00$ No Bid No Bid No Bid No Bid No Bid No Bid 5,565.00$ 5,445.00$ No Bid ICS Inc.X 215,800.00$ 45 91,225.00$ 15 -$ 17,700.00$ 32,185.00$ 39,625.00$ -$ 8,200.00$ 8,175.00$ ul $26.00 (-/+)? Drama Sheild X No Bid No Bid 103,900.00$ 10 No Bid No Bid No Bid No Bid -$ 8,900.00$ 8,900.00$ ul $22.50 -$ -$ -$ -$ -$ -$ -$ -$ -$ ALTERNATES 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 16-022,Version:1 Introduction and First Reading on Ordinance 16-022, an Ordinance amending the Requirements for Campaign Financing Disclosures in the City of Brookings, South Dakota. Public Hearing: November 8, 2016. Summary: This amendment would require all municipal ballot question committees comply with the City’s campaign finance disclosure requirements. Background: This Ordinance would require all municipal ballot question committees comply with the City’s Campaign Finance Disclosure Requirements. A Municipal Ballot Question Committee is defined “as a person or organization that raises, collects or disburses contributions for the placement of a municipal ballot question on the ballot or the adoption or defeat of any municipal ballot question. A Municipal Ballot Question Committee is not a person, political committee or political party that makes a contribution to a Municipal Ballot Question Committee. A Municipal Ballot Question Committee is not an organization that makes a contribution to a Municipal Ballot Question Committee from treasury funds.” City Attorney Steven Britzman prepared draft Ordinance 16-022 pursuant to a request from Mayor Tim Reed. Britzman reviewed State law and Sioux Falls’ Campaign Financing Disclosure Ordinance to make these changes. The filing requirements, contribution amounts, deadlines, disclosure statement, and forms would be identical with the candidate campaign finance requirements. Attachments: Ordinance Current City of Brookings Campaign Finance Reporting Guidelines City of Brookings Printed on 10/6/2016Page 1 of 1 powered by Legistar™ Ordinance 16-022 An Ordinance Amending the Requirements for Campaign Financing Disclosures in the City of Brookings, South Dakota. Be It Ordained by the City of Brookings, that the Code of Ordinances of the City of Brookings be amended to read as follows: I. Sec. 2-35. - Campaign financing disclosure requirements for mayor and council member candidates and municipal ballot questions. (i) Filing Requirements; Time for Filing. Any candidate or candidate's committee for the positions of mayor or council member or municipal ballot question committee shall file seven days before any election a detailed statement, complete through the tenth day before the election, of all valuable consideration received, obligated, or paid by the candidate or committee or by persons authorized by the candidate or committee or by a municipal ballot question committee. The requirements of this ordinance shall also apply to any person raising, collecting or disbursing money for the adoption or defeat of any municipal ballot question submitted to the voters at any election unless the person is engaging in these activities on behalf of a municipal ballot question committee. (ii) Contents of Disclosure Statement. The statement shall itemize all contributions and expenditures, and for contributions in an aggregate amount of more than $100.00 in that calendar year or the equivalent of in-kind contributions, or a combination of cash and in-kind contributions exceeding $100.00 in a calendar year, the report shall include the name and residence address of any person who contributed an aggregate amount of more than $100.00 or the equivalent thereof in that calendar year. If any candidate has no opposition, neither the candidate nor the candidate's committee is required to file a post-election statement. (iii) Post-election Filing Requirements. A candidate or candidate's committee and municipal ballot question committee shall each file a post-election statement within 45 days following the election, which shall include the disposition of all funds and payment of all obligations. If any candidate has no opposition, neither the candidate nor the candidate's committee is required to file a post-election statement. (iv) Definition of Municipal Ballot Committee. A municipal ballot question committee is a person or organization that raises, collects or disburses contributions for the placement of a municipal ballot question on the ballot or the adoption or defeat of any municipal ballot question. A municipal ballot question committee is not a person, political committee or political party that makes a contribution to a municipal ballot question committee. A municipal ballot question committee is not an organization that makes a contribution to a municipal ballot question committee from treasury funds. (v) Forms. Forms to report the information required by this ordinance are available at the Brookings City & County Government Center. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading:October 11, 2016 Second Reading:November 8, 2016 Published: CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk 1 CITY OF BROOKINGS, SOUTH DAKOTA CAMPAIGN FINANCE REPORTING GUIDELINES City Ordinance No. 23-06 requires candidates for office and/or committees to file statements of receipts and expenditures pursuant to South Dakota Codified Law. Section 1:WHO MUST FILE. A.Candidates for Mayor. B.Candidates for Council Member. C.Political or citizens' committees supporting or approving candidates. Section 2:TYPES OF REPORT(S). A.Pre-Election Report. B.Post-Election Report. Section 3:REPORTING EXEMPTION. If any candidate has no opposition, neither the candidate nor the candidate's committee is required to file a post-election statement. However, a pre-election statement is required. Section 4:WHERE TO FILE. Any candidate and/or committee supporting a candidate for any municipal office at any annual or secondary election shall file with the City Clerk's Office, Brookings City & County Government Center, 520 Third Street, Suite 230, Brookings, SD 57006. Section 5:WHEN TO FILE. A.Pre-Election Report:No later than 7 days prior to the Election B.Post-Election Report:Within 45 days after the Election Section 6:WHAT TO FILE. The following reports must be filed with the Brookings City Clerk at the address listed above. Schedule A:Cover Sheet To be used in completing information on the candidate or committee including name, address, office sought, name of person making report, type of reports filed, and reporting period of the reports. Complete fully and submit with original signatures. The verification should be signed by the person who is responsible for the information contained in the report. Schedule B:Direct Contributions To be used to list all un-itemized contributions of $100 or less. To be used to list all contributions received in an aggregate amount of more than $100 shall be itemized and include name and residence address. To be used to list all itemized contributions of any amount from committees supporting a candidate or candidates for the office of Mayor or City Council member. Section C:In-Kind Contributions To be used to list the nature of the non-cash contribution, the contributor's name and residence address, and estimated value of the contribution. 2 Schedule D:Fund Raising Event Proceeds To be used to list the type of event held and the amount of the net proceeds. List the net proceeds of each fund-raiser in this section. Schedule E:Other Income To be used to report any refunds, interest earned, or other income which is not a direct contribution. Schedule F:Expenditures To be used to list the name, address, type of service, and amount of expenditure. Schedule G:Debts and Obligations To be used to list who the debt and/or obligation is owed to, the purpose, and the amount of the obligation. Schedule H.Summary Sheet/Final Report This is the summary sheet to be used for the Pre-Election Report and Post-Election Report itemizing the amount of money on hand at the end of the reporting period. Section 7:LIMITATIONS ON CONTRIBUTIONS A.Contributions from Organizations: No organization may make a contribution to any candidate, political action committee or political party (SDCL 12-27-18). You may call the Brookings City Attorney (697-9058) or the Secretary of State’s office (773-4845) to determine if a potential donor is an organization. The term “organization” is defined broadly in the campaign finance statues. Essentially it means a corporate entity, partnership, association, club, labor union, or any entity organized in a corporate form under federal law or the laws of this state, or any group of persons acting in concert which is not defined as a political committee or political party. Organizations, as defined in the law, may not make contributions to any candidate campaign committee, political action committee, or political party or make any independent expenditure expressly advocating the election or defeat of a candidate. An organization may make unlimited contributions to any ballot question committee organized solely for the purpose of influencing an election on a ballot question and unlimited independent expenditures for the placement of a ballot question on the ballot or the adoption or defeat of a ballot question. An organization may also create and administer a political action committee. B.Individual Contributions: No individual may contribute more than $1,000 to or on behalf of any political party in any calendar year. (SDCL 12-27-8) C.Contributions by Candidate or a Candidate’s Family Member: There is no limit on the amount any candidate or candidate's immediate family may contribute to that candidate campaign committee (SDCL 12-27-8). Third degree of 3 kinship includes parent, child, grandparent, brother, sister, grandchild, aunt, uncle, nephew, niece, great grandparent and great grandchild. (SDCL 12-27-1) D.Contributions from Candidate Campaign Committee, Political Action Committees (PAC), or Political Parties: If the contributor is a person, no candidate for legislative or county office or the candidate’s campaign committee may accept any contribution which in the aggregate exceeds one thousand dollars any calendar year. A candidate campaign committee may accept contributions from any candidate campaign committee, political action committee, or political party. The limitation on any contribution from a person in this section does not apply to any contribution by the candidate or the candidate’s immediate family. (SDCL 12-27-8) E.Auctions and Raffles Candidates and political committees occasionally conduct fundraising auctions or raffles pursuant to SDCL 22-25-25. These fundraisers present a unique challenge in complying with campaign finance law. Some key points to keep in mind: Corporations and associations may not contribute items to be auctioned or raffled. The value of items donated for an auction or raffle would count toward a contributor's limit. The price paid for the purchase of an auctioned item may count toward a contributor's limit. If the price paid exceeds the fair market value of the item, the amount that exceeds the fair market value would be considered a contribution. If you have questions on the legality of auctions and raffles as they relate to contribution limits, please consult your legal counsel. Section 8:ADVERTISING DISCLAIMERS Any printed material or communication made by a political committee or political party that expressly advocates must prominently display or clearly speak the statement: “Paid for by (Name of candidate, political committee, or political party).” This requirement does not apply to buttons, balloons, pins, pens, matchbooks, clothing, or similar small items upon which the inclusion of the statement would be impracticable. Any person or organization which makes an independent expenditure that expressly advocates shall include a disclaimer which identifies the person or organization making the expenditure, the address or website of that person or organization, and a statement “that the communication is independently funded and not made in consultation with any candidate, party, or political committee.” Any person or organization which makes an independent expenditure within 60 days of an election that identifies a candidate or public officeholder but does not expressly advocate shall include a disclaimer which identifies the person or organization making the expenditure and the address or website of that person or organization. (SDCL 12-27-15 & 16) 4 Examples for print or television would include: Paid and authorized by the South Dakota Freedom Party, John Doe, Treasurer, Box 000, Brookings, SD 57006 Authorized by Jean Doe, Box 000, Brookings, SD 57006; paid for by John Doe, Box 000, Brookings, SD 57006 Paid and authorized by Jane Doe, Box 000, Brookings, SD 57006 Examples for radio would be: Paid and authorized by Joe Doe for Mayor Committee, Jane Doe, Treasurer Paid and authorized by Jack Doe Authorized by Jean Doe; Paid for by John Doe Section 9:EXPLANATION OF TERMS USED Aggregate Contribution -- The term "aggregate" is used several times in the Code to indicate when a candidate or committee has to report the name of an individual contributor. If a contributor gives a candidate $50 on one date and $75 on another, he has contributed an aggregate of $125 and the contributor's name, address, and place of employment must be reported by the committee receiving the contribution. If the first contribution was included in an earlier report, only the amount of subsequent contributions needs to be itemized. The aggregate total should be reported in parentheses ($125) following the itemized amount of $75. Section 10:POLITICAL ACTION COMMITTEES Registration of a political committee is now required. Please contact the Secretary of State Office for further information. Every Political committee must be registered not later than fifteen days after the date upon which the committee made contributions, received contributions, or paid expenses in excess of five hundred dollars unless such activity falls within 30 days of any statewide election in which case the statement of organization shall be filed within 48 hours. Any candidate for public office shall organize a candidate campaign committee not later than 15 days after becoming a candidate and shall file a statement of organization. The candidate or treasurer of a political committee shall file an updated statement of organization not later than 15 days after any change in the information contained on the most recently filed statement of organization. A political committee that regularly files a campaign finance disclosure statement with the Federal Election Commission is not required to file a statement of organization or any other statement required by South Dakota’s campaign finance regulations. Section 11:POLICY ON EXAMINATION OF CAMPAIGN FINANCE RECORDS All City of Brookings election related filings may be examined during regular office hours in the office of the City Clerk, Brookings City & County Government Center, 520 Third Street, Suite 230, Brookings, SD 57006. No information on contents of reports will be given out over the telephone. It will be necessary for anyone wanting specific information to view the reports and extract the information desired. 5 All campaign finance filings can be viewed on the City of Brookings home website page at www.cityofbrookings.org. Section 12.PROHIBITED COMMERCIAL USE OF CAMPAIGN FINANCE REPORT INFORMATION The City of Brookings specifically prohibits the commercial use of any information obtained from a campaign finance report. Information copied from any report or statement may not be used or sold for solicitation purposes. (SDCL 12-25-34 and 12-27-33) 6 ORDINANCE NO. 23-06 An Ordinance Establishing Requirements For Campaign Financing Disclosures For Candidates For Mayor And Council Member Positions In The City Of Brookings, South Dakota. BE IT ORDAINED BY THE CITY OF BROOKINGS, THAT THE CODE OF ORDINANCES OF THE CITY OF BROOKINGS BE AMENDED TO READ AS FOLLOWS: I. Campaign Financing Disclosure Requirements for Mayor and Council Member Candidates. (a) Any candidate or candidate's committee for the positions of Mayor or Council Member shall file seven days before any election a detailed statement, complete through the tenth day before the election, of all valuable considerations received, obligated, or paid by the candidate or committee or by persons authorized by the candidate or committee. The statement shall itemize all contributions and expenditures, and for contributions in an aggregate amount of more than One Hundred Dollars ($100.00) in that calendar year or the equivalent of in-kind contributions, or a combination of cash and in-kind contributions exceeding One Hundred Dollars ($100.00) in a calendar year, the report shall include the name and residence address of any person who contributed an aggregate amount of more than One Hundred Dollars ($100.00) or the equivalent thereof in that calendar year. If any candidate has no opposition, neither the candidate nor the candidate's committee is required to file a post- election statement. (b) A candidate or candidate's committee shall file a post-election statement within forty- five days following the election, which shall include the disposition of all funds and payment of all obligations. If any candidate has no opposition, neither the candidate nor the candidate's committee is required to file a post-election statement. (c) Forms to report the information required by this ordinance shall be available at City Hall. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading:June 13, 2006 Second Reading June 27, 2006 Published June 30, 2006 CITY OF BROOKINGS __________________________ Scott D. Munsterman, Mayor ATTEST: ________________________________ Shari Thornes, Brookings 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 16-023,Version:1 Introduction and First Reading on Ordinance 16-023, an Ordinance establishing procedure for Revisions and Amendments to Ordinances following First Readings. Public Hearing: November 8, 2016. Summary: Ordinance 16-023 was prepared to address the requirements and provide clarification of South Dakota House Bill No. 1218, which went into effect July 1, 2016. It states any ordinance which is revised or amended at any time after the first reading may not be considered for final adoption until at least five days after a duly noticed public meeting of the governing body unless the revision or amendment does not substantially alter the substance of the ordinance. Revisions or amendments which are not considered to be substantial alterations of the ordinance are form and style changes to the ordinance, including spelling, punctuation, typography, and format changes which do not alter the substance or content of the ordinance. Attachments: Ordinance City Attorney Memo City of Brookings Printed on 10/6/2016Page 1 of 1 powered by Legistar™ Ordinance 16-023 An Ordinance Establishing Procedure for Revisions and Amendments to Ordinances following First Readings. Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows: I. Sec. 2-36. – Amendments and Revisions Subsequent to First Reading of Ordinance Any ordinance which is revised or amended at any time after the first reading may not be considered for final adoption until at least five days after a duly noticed public meeting of the governing body unless the revision or amendment does not substantially alter the substance of the ordinance. Revisions or amendments which are not considered to be substantial alterations of the ordinance are form and style changes to the ordinance, including spelling, punctuation, typography, and format changes which do not alter the substance or content of the ordinance. II. Any and all other ordinances in conflict herewith are hereby repealed. First Reading:October 11, 2016 Second Reading:November 8, 2016 Published: CITY OF BROOKINGS, SD ___________________________ Tim Reed, Mayor ATTEST: ___________________________________ Shari Thornes, City Clerk Memorandum To: Jeff Weldon, City Manager and Shari Thornes, City Clerk From: Steven J. Britzman, City Attorney Date: September 26, 2016 Re: Proposed Ordinance addressing House Bill 1218 requirements I would propose that the following provision be adopted as an ordinance to address the requirements of House Bill 1218. My Memo of July 11, 2016 provides background information pertaining to this issue. Any ordinance which is revised or amended at any time after the first reading may not be considered for final adoption until at least five days after a duly noticed public meeting of the governing body unless the revision or amendment does not substantially alter the substance of the ordinance. Revisions or amendments which are not considered to be substantial alterations of the ordinance are form and style changes to the ordinance, including spelling, punctuation, typography, and format changes which do not alter the substance or content of the ordinance. Steven J. Britzman Brookings City Attorney 521 Sixth Street, Suite 104 Telephone (605) 697-9058 Brookings, South Dakota 57006 Facsimile (605) 697-9060 _____________________________________________________________ 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 2016-0640,Version:1 Public Hearing and Action on a temporary alcohol application to operate within the City of Brookings, South Dakota, for Cinema 8 State Theatre Company, Dick Peterson, owner, 219 6th Street, Brookings, South Dakota, for a Cinema 8 VIP Guest Gala on November 3, 2016. Summary: Dick Peterson, owner, Cinema 8 State Theatre Company, has applied for a temporary alcohol license for a Cinema 8 VIP Guest Gala to be held on November 3, 2016. All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. Recommendation: Staff recommends approval. Attachments: Public Notice City of Brookings Printed on 10/6/2016Page 1 of 1 powered by Legistar™ NOTICE OF PUBLIC HEARING Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on October 11, 2016, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for an temporary alcohol license to operate within the City of Brookings, South Dakota, for Cinema 8 State Theatre Company, Dick Peterson, owner, 219 6th Street, Brookings, South Dakota, for a Cinema 8 VIP Guest Gala on November 3, 2016. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 30th day of September, 2016. Shari Thornes, City Clerk Published time(s) at an approximate cost $ . 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 16-020,Version:2 Public Hearing and Action on Ordinance 16-020, an Ordinance authorizing Supplemental Appropriation #2 to the 2016 Budget. Summary: This ordinance will amend the 2016 Budget to decrease expenditures in accounts where savings have occurred, to provide for transfers of cash from one fund to another, to increase expenditures for accounts where unanticipated expenditures have occurred, and to increase expenditures for unbudgeted projects authorized by the City Council. Background: Occasionally it is necessary to adjust the budget for events that were unknown when the original budget was adopted. In 2016, the City Council authorized additional spending for a Bike Master Plan, a Comprehensive Master Plan, a settlement with Bel Brands for the construction of the digester, and the purchase of property adjacent to the Park Shop. In addition, the City experienced some unexpected major repairs to facilities which include the HVAC system at the Library, the irrigation system at Fishback Soccer Fields, and sandblasting and repainting the main pool at the aquatics facility. Other smaller adjustment for both increases and decreases were made to keep the budget in balance and better reflect the actual needs. Fiscal Impact: The Overall impact to the GENERAL FUND includes: Uses: $ 549,280.00 Increase in Expenditures $ (107,663.00) Decrease in Expenditures $1,095,230.00 Transfer GF cash reserves to Bel Digester Fund $ 558,126.26 Transfer Cash to 75% Tax Fund- STP funds to be spent in 2017 $2,094,973.26 Total Uses for General Fund Amendment Sources: $ 111,975.00 Increase in Revenues $ 1,095,230.00 General Fund cash reserves (Bel Digester settlement) $ 100,000.00 General Fund cash reserves (Comprehensive Master Plan) $ 67,000.00 General Fund cash reserves (Bicycle Master Plan) $ 100,000.00 Contingency Account in General Fund (HVAC for Library) $ 65,000.00 Contingency Account in General Fund (Pool Repair) $ 558,126.26 Cash was receipted in GF but will be spent from 75% Tax in 2017 $2,097,331.26 Total Sources for General Fund Amendment Overall impact to SPECIAL REVENUE FUNDS includes: Uses: City of Brookings Printed on 10/6/2016Page 1 of 2 powered by Legistar™ File #:ORD 16-020,Version:2 $ 55,000.00 Transfer Cash to New Fire Substation Fund $74,500.00 Transfer cash to GF for purchase of property adjacent to park shop $ 129,500.00 Total Uses for Special Revenue Funds Sources: $ 675,863.00 Increase in revenue $ 632,626.26 Increase in cash transferred in $1,308,489.26 Total Sources for Special Revenue Funds Overall impact to CAPITAL PROJECT FUNDS includes: Uses: $1,179,093.00 Increase in Expenditures $ 124,500.00 Transfer Cash out in preparation of closing fund $1,303,593.00 Total Uses for Capital Project Funds Sources: $1,150,230.00 Transfer Cash in from other departments $ 153,363.00 Existing cash $1,303,593.00 Total Sources for Capital Project Funds Recommendation: Staff recommend approval. Attachments: Ordinance City of Brookings Printed on 10/6/2016Page 2 of 2 powered by Legistar™ Ordinance 16‐020  An Ordinance authorizing Supplemental Appropriation #2 to the 2106 Budget  Be It Ordained by the City of Brookings, South Dakota:  Whereas State law (SDCL 9‐21‐7) and the City Charter (4.06 (a)) permit supplemental appropriations provided  there are sufficient funds and revenues available to pay the appropriation when it becomes due.  Now, therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following  budget adjustments to the 2016 budget:    Change Increase General Fund (Decrease) Reason 101‐000‐6‐700‐00 Transfer in General  Fund 50,000.00$        Transfer cash from Dakota Nature Park project substantially  complete  preparing to close  fund 101‐000‐6‐700‐03 Transfer in from 75% Tax 74,500.00$        Transfer cash to pay for Property adjacent to park shop 101‐431‐4‐334‐09 Grants (14,025.00)$      Actual Mosquito Grant Funds less than anticipated 101‐448‐4‐334‐09 Grants 1,500.00$          Received 3M Grant Donation for program supplies Total  Change in General Fund Revenues 111,975.00$      General Fund Expenditures 101‐403‐5‐430‐02 Bike  Advisory Committee 67,000.00$        Council approved contract with Toole  for Bicycle  Master  Plan 101‐405‐5‐856‐99 Contingency Fund (165,000.00)$    $100,000 for Library HVAC replacement & $65,000 for Pool  Sandblasting and repainting due to paint flaking issue 101‐414‐5‐123‐00 Group Insurance (10,000.00)$      Adjust insurance to current staff needs 101‐415‐5‐101‐00 Regular Pay (40,000.00)$      Cost savings due to not replacing Deputy Finance position 101‐415‐5‐120‐00 FICA (3,000.00)$        Cost savings due to not replacing Deputy Finance position 101‐415‐5‐123‐00 Group Insurance (12,000.00)$      Cost savings due to not replacing Deputy Finance position 101‐418‐5‐422‐03 Consulting/Engineering 100,000.00$     Council authorized to conduct Comprehensive Master  Plan 101‐420‐5‐429‐03 Cleaning Services (10,000.00)$      Contracted cleaning services less than anticipated 101‐421‐5‐425‐05 Maintenance  Building 5,305.00$          New contract for services to maintain HVAC systems 101‐421‐5‐940‐00 Other Capital (11,000.00)$      Will not be implementing Phase 3 of Zuercher 101‐431‐5‐130‐00 Workmans  Compensation 1,846.00$          Adjust insurance to actual  cost 101‐431‐5‐424‐06 Rent 28,000.00$        Rent for temporary location during construction 101‐431‐5‐426‐10 Gasoline (4,000.00)$        Fuel prices less than anticipated 101‐431‐5‐426‐13 Diesel Fuel (1,000.00)$        Fuel prices less than anticipated 101‐431‐5‐426‐18 Gravel 5,100.00$          Gravel  for Medary  Ave South Project 101‐431‐5‐426‐19 Bituminous Material 5,000.00$          Large  repair areas required additional  chip seal 101‐431‐5‐428‐02 Electric & Water 3,000.00$          Additional water charges, and temp power for construction  101‐431‐5‐428‐04 Street Lights & Traffic Signal 10,213.00$        Repairs to damage from accidents and lightening 101‐431‐5‐950‐01 Capital  less than $5,000 2,000.00$          Purchase tablets for Sign Management Program 101‐442‐5‐426‐10 Gasoline (2,000.00)$        Fuel prices less than anticipated         Change Increase General Fund Expenditures (continued) (Decrease) Reason 101‐448‐5‐101‐00 Regular Pay 7,300.00$          Recreation manager wages budgeted in wrong account 101‐448‐5‐101‐01 Temporary Pay 1,500.00$          Increase in temp pay due to increase in programs offered 101‐448‐5‐101‐06 Car Allowance 625.00$              Recreation manager wages budgeted in wrong account 101‐448‐5‐120‐00 FICA 800.00$              Recreation manager wages budgeted in wrong account 101‐448‐5‐121‐09 Retirement 500.00$              Recreation manager wages budgeted in wrong account 101‐448‐5‐123‐00 Group  Insurance 800.00$              Recreation manager wages budgeted in wrong account 101‐448‐5‐421‐00 Insurance (4,638.00)$        Adjust insurance to actual  cost 101‐448‐5‐426‐03 Supplies 2,000.00$          Increase due to additional programs and maintenance supplies 101‐449‐5‐101‐00 Regular Pay (7,300.00)$        Recreation manager wages budgeted in wrong account 101‐449‐5‐101‐06 Car Allowance (625.00)$            Recreation manager wages budgeted in wrong account 101‐449‐5‐120‐00 FICA (800.00)$            Recreation manager wages budgeted in wrong account 101‐449‐5‐121‐09 Retirement (500.00)$            Recreation manager wages budgeted in wrong account 101‐449‐5‐123‐00 Group  Insurance (800.00)$            Recreation manager wages budgeted in wrong account 101‐449‐5‐425‐04 Maintenance Equipment 1,582.00$          Pool  cylinder replaced due to paint pealing issue 101‐449‐5‐911‐00 Buildings & Structure 81,700.00$        Sand blast and repaint pool due to paint peeling and causing  safety issue 101‐452‐5‐940‐00 Other Capital 28,732.00$        To locate and install a well for Fishback Soccer Park 101‐452‐5‐940‐00 Other Capital 74,500.00$        Council  approved purchase of property adjacent to Park &  Forestry Shop 101‐453‐5‐130‐00 Workmans Compensation 2,028.00$          Adjust insurance to actual  cost 101‐453‐5‐422‐07 Contracting Services 2,192.00$          New contract for services to maintain HVAC systems 101‐453‐5‐930‐00 Machinery  & Equipment 14,035.00$        Repairs to compressors at Larsons Ice Arena 101‐455‐5‐920‐00 Furniture  & Equipment 103,522.00$     Replace  HAVC system at Library 101‐495‐7‐899‐05 Transfer Out 558,126.26$     Transfer STP cash received in 2016 to fund 213 to be used for  projects in  2017 101‐495‐7‐899‐05 Transfer Out 1,095,230.00$  Transfer General  Fund Reserve  Cash to Digester to pay  negotiated expenses Total  Change in General Fund Expenditures 1,929,973.26$   Special Revenue Funds 25% Sales & Use Tax ‐ Change in Expenditure 212‐000‐7‐899‐20 Transfer Out 55,000.00$        Transfer cash to Fire Substation Fund for  architectural/engineering exp 75% Sales & Use Tax ‐ Change in Revenues & Expenditures 213‐000‐4‐334‐09 Grant Revenue 675,863.00$     Funds received from the State for Railroad project to be used  on 2017 projects 213‐000‐6‐700‐17 Transfer In 558,126.26$     Transfer in from General  Fund ‐ STP cash received to be used  on 2017 projects 213‐000‐6‐700‐17 Transfer In 74,500.00$        Transfer cash from Dakota Nature Park project substantially  complete  preparing to close  fund 213‐000‐7‐899‐00 Transfer Out to General  Fund 74,500.00$        Transfer to pay for property purchased adjacent to Park Shop       Change Increase Capital Project Funds (Decrease) Reason Fire Substation Project ‐ Change in Revenues  & Expenditures 505‐000‐6‐700‐04 Transfer In 55,000.00$        Transfer in from 25% sales tax for architectural/engineering exp 505‐000‐5‐422‐03 Consulting & Engineering 55,000.00$        Architectural/Engineering for new South Fire Substation Dakota Nature Park Project ‐ Change in Expenditure 519‐000‐5‐940‐00 Park  Development 28,863.00$        Reseal  log building and replace doors to make  building secure 519‐000‐7‐899‐00 Transfer Out to General  Fund 50,000.00$        Project substantially complete  preparing to close  fund 519‐000‐7‐899‐20 Transfer Out to 75% Sales Tax  Fund 74,500.00$        Project substantially complete  preparing to close  fund Bel Digester ‐ Change in Revenue  & Expenditures 522‐000‐6‐700‐14 Transfer In 1,095,230.00$  Transfer in from General  Fund Reserve to pay negotiated  expenses 522‐000‐5‐433‐01 Project Expenses 1,095,230.00$  Expenses City will pay per settlement     All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.    First Reading:    September 27, 2016  Second Reading:  October 11, 2016  Published:                 CITYOFBROOKINGS             ___________________________         Tim Reed, Mayor          _____________________________  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 16-021,Version:2 Public Hearing and Action on Ordinance 16-021, an Ordinance to Rezone a portion of Section 19- T110-R49W (as referenced on approved Wilbert Square Addition Preliminary Plat dated November 24, 2015 as Lots 1-3, Block 1, Wilbert Square Addition), from a Highway Business B-4 District to a Planned Development District. Summary: The applicant is seeking to rezone property to a Planned Development District (PDD) with an underlying B-2 District for a future mixed use development. Background: The property is located immediately north of Lowe’s along 25th Avenue. The area includes a mix of commercial and residential uses. The Preliminary Plat for Wilbert Square Addition was approved by the City Council on November 24, 2015. The PDD is intended to provide flexibility for creative, efficient, and well-planned urban development that allows for a mix of compatible uses. The Initial Development Plan shows two buildings with a mix of retail, office, restaurant, and residential apartments contained within two phases of development. There are 56 1-Bedroom apartments planned with the first phase. The structures are both 12,000 square feet in size and will be up to four stories in height. The parking will be in front of both buildings and the site will be accessed off a new street, Wilbert Court. An Initial Development Plan is required with a PDD rezoning request to see the general project layout and evaluate the concept with the purpose of the PDD. The compatibility of proposed land uses, development design, building placement, and the need for flexibility outside of the traditional zoning districts, are all factors to be considered. The area to be rezoned includes all development and to the centerline of Wilbert Court. The proposed underlying B-2 District allows for office, retail, restaurant and mixed commercial/residential uses. Recommendation: Planning Commission voted 8-0 to recommend approval. Attachments: Ordinance Minutes Notice Preliminary Plat Zoning Map Rezoning Proposal City of Brookings Printed on 10/6/2016Page 1 of 1 powered by Legistar™ Ordinance 16-021 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: Wilbert Square Addition in the SW1/4 of Section 19-T110N-R49W (as referenced on approved Wilbert Square Addition Preliminary Plat dated November 24, 2015 as Lots 1 – 3, Block 1, Wilbert Square Addition), from a Highway Business B-4 District to a Planned Development 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 No. 17-13 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading: September 27, 2016 Second Reading and Adoption: October 11, 2016 Published: CITY OF BROOKINGS, SD ________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk PLANNING COMMISSION OFFICIAL MINUTES- SEPTEMBER 6, 2016 Item #5a –Den-Wil Investments Inc has submitted a petition to rezone Wilbert Square Addition in the SW1/4 of Section 19-T110N-R49W (as referenced on approved Wilbert Square Addition Preliminary Plat dated November 24, 2015 as Lots 1-3, Block 1, Wilbert Square Addition), from a Highway Business B-4 District to a Planned Development District. (Heuton/Gregg) Motion to approve the rezone request. All present voted aye. MOTION CARRIED (Heuton/Tornquist) Amendment to the motion to remove “Automobile Sales, Telecommunication towers, and Repair garages” from the list of permitted uses and conditional uses allowed in a B-2 Zone. All present voted aye. AMENDMENT CARRIED. The motion as amended was voted on. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5a – Struck explained that the developer is looking into a mixed use concept on the lots being proposed for a rezone. Struck stated that a traditional B4 zoning district doesn’t allow for mixed uses and the PDD would allow for flexibility in the area. The intial concept is to have commercial use on the first floor and residential uses above. Struck explained that Wilbert Court which is indicated on the drawings has not been platted yet. He also indicated that to the north of the proposed area is the Research Park and to the west is Innovation Village. Heuton inquired about the separation of tenant parking from customer parking. JR explained that currently they are thinking that the parking towards the front of the development will be for the commercial parking and the parking around the outside will be for residential, however they haven’t ruled out underground parking yet. Struck asked if the Wilbert Court will be a private street or a public right-of-way? JR stated that currently the intention is to make it a public right-of- way. Pierce asked about the size of the detention pond and what it will be used for due to its larger size? JR stated that it is just shy of a half acre and it will have a slope on it to allow them to mow it. They are also planning to landscape around it and have a fountain in the middle. JR explained that all the units in Phase 1 that face the north will have decks looking out towards the pond. Heuton asked if this pond would service just this development? JR stated that it will service about 60% of Wilbert Square. Pierce asked if the City had seen this drainage plan and approved it? Lanning explained that the drainage plan will be submitted at the time of the Initial Development Plan, so she hasn’t seen any plans yet. Tornquist inquired if this is a Planned Development District then this zoning doesn’t have to comply with the B-4 or the Residential guidelines or regulations? Struck stated that the applicant is proposing a PDD with an underlying B-2 zone, but this hasn’t been finalized yet. He stated that the plan could be approved with a B-2 zoning because they do meet the setback requirements and the parking so they aren’t looking for any particular concessions at this time. But one advantage to the rezone is the commission does have the ability to limit some of the uses within the District. Struck explained the slight differences between the B-2 and B-4 zoning. Pierce asked “if the Planning Commission does have restrictions they would like applied, should this be indicated now?” Struck stated that the Planning Commission will have an opportunity to restrict uses during the IDP and FDP process, but it may be a good idea to indicate to the developer, now, some thoughts of the Planning Commission. 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 Den-Wil Investments, Inc. submitted a petition to rezone the following described real estate in the City of Brookings, in Brookings County, South Dakota: Wilbert Square Addition in the SW1/4 of Section 19-T110N-R49W (as referenced on approved Wilbert Square Addition Preliminary Plat dated November 24, 2015 as Lots 1 – 3, Block 1, Wilbert Square Addition), from a Highway Business B-4 District to a Planned Development District. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, September 6th, 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 August. ____________________________ Mike Struck Community Development Director PRELIMINARY PLAT B-4 PDD B-4 PDD A A B-4 A I-1R A A B-4 A A A A A I-1 A A AA PDDR-3 R-3 B-4 B-4 B-5 I-1A R-3 PDD R-3 R-3 A R-3R-3 A R-3 R-3 B-4B-4 PDD R-3 I-1R R-3 I-1R R-3 B-5 R-3 PDD A B-4 PDD B-4 B-4I 2922ND AVE9 T H S T RA MP11 T H S T 25TH AVER E S E A R C H P K W Y 10 T H S T RAMPI 29Wilbert Square Rezoning Proposal ²Legend Proposed Rezone Area I 2922ND AVE9 T H S T RA MP11 T H S T 25TH AVER E S E A R C H P K W Y N I C O L E L N 3 2 N D A V E 10 T H S T M I L L E R D R RAMPI 29Wilbert Square Rezoning Proposal ²Legend Proposed Rezone Area LowesRunnings Taco Bell Comfort SuitesInnovation VillageApartments 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 2016-0651,Version:1 Action on an Initial Development Plan for a Portion of Section 19-T110N-R49W as referenced on the approved Wilbert Square Addition Preliminary Plat dated November 24, 2015 as Lots 1-3, Block 1, Wilbert Square Addition. Summary: The applicant is seeking approval for an Initial Development Plan which is being proposed along with a Planned Development District (PDD) rezoning request for a future mixed use development. The underlying zoning district will remain as B-2. Background: The property is located immediately north of Lowe’s along 25th Avenue. The area includes a mix of commercial and residential uses. The Preliminary Plat for Wilbert Square Addition was approved by the City Council on November 24, 2015. The PDD is intended to provide flexibility for creative, efficient and well-planned urban development that allows for a mix of compatible uses. The Initial Development Plan is showing two buildings with a mix of retail, office, restaurant, and residential apartments contained within two phases of development. There are 56 1-Bedroom apartments planned with the first phase. The structures are both 12,000 square feet in size and will be up to four stories in height. The parking will be in front of both buildings and the site will be accessed off a new street, Wilbert Court. An Initial Development Plan is required with a PDD rezoning request to see the general project layout and evaluate the concept with the purpose of the PDD. The compatibility of proposed land uses, development design, building placement, and the need for flexibility outside of the traditional zoning districts, are all factors to be considered. The area to be rezoned includes all development and to the centerline of Wilbert Court. The proposed underlying B-2 District allows for office, retail, restaurant and mixed commercial/residential uses. The Planning Commission recommended removing automobile sales, telecommunication towers, and repair garages from the list of permitted uses and conditional uses allowed in the PDD. Recommendation: Planning Commission voted 8-0 to recommend approval of the Initial Development Plan for Wilbert Square, subject to removing automobile sales, telecommunication towers, and repair garages from the list of permitted uses and conditional uses allowed in the PDD. Attachments: Planning Commission Minutes Initial Development Plan City of Brookings Printed on 10/6/2016Page 1 of 2 powered by Legistar™ File #:ID 2016-0651,Version:1 Architectural Drawing Preliminary Plat City of Brookings Printed on 10/6/2016Page 2 of 2 powered by Legistar™ Planning Commission Brookings, South Dakota September 6, 2016 OFFICIAL MINUTES Item #5a –Den-Wil Investments Inc. has submitted a petition to rezone Wilbert Square Addition in the SW1/4 of Section 19-T110N-R49W (as referenced on approved Wilbert Square Addition Preliminary Plat dated November 24, 2015 as Lots 1-3, Block 1, Wilbert Square Addition), from a Highway Business B-4 District to a Planned Development District. (Heuton/Gregg) Motion to approve the rezone request. All present voted aye. MOTION CARRIED (Heuton/Tornquist) Amendment to the motion to remove “Automobile Sales, Telecommunication towers, and Repair garages” from the list of permitted uses and conditional uses allowed in a B-2 Zone. All present voted aye. AMENDMENT CARRIED. The motion as amended was voted on. All present voted aye.MOTION CARRIED. OFFICIAL SUMMARY Item #5a –Struck explained that the developer is looking into a mixed use concept on the lots being proposed for a rezone. Struck stated that a traditional B4 zoning district doesn’t allow for mixed uses and the PDD would allow for flexibility in the area. The initial concept is to have commercial use on the first floor and residential uses above. Struck explained that Wilbert Court which is indicated on the drawings has not been platted yet. He also indicated that to the north of the proposed area is the Research Park and to the west is Innovation Village. Heuton inquired about the separation of tenant parking from customer parking. JR explained that currently they are thinking that the parking towards the front of the development will be for the commercial parking and the parking around the outside will be for residential, however they haven’t ruled out underground parking yet. Struck asked if the Wilbert Court will be a private street or a public right-of-way? JR stated that currently the intention is to make it a public right-of-way. Pierce asked about the size of the detention pond and what it will be used for due to its larger size? JR stated that it is just shy of a half acre and it will have a slope on it to allow them to mow it. They are also planning to landscape around it and have a fountain in the middle. JR explained that all the units in Phase 1 that face the north will have decks looking out towards the pond. Heuton asked if this pond would service just this development? JR stated that it will service about 60% of Wilbert Square. Pierce asked if the City had seen this drainage plan and approved it? Lanning explained that the drainage plan will be submitted at the time of the Initial Development Plan, so she hasn’t seen any plans yet. Tornquist inquired if this is a Planned Development District then this zoning doesn’t have to comply with the B-4 or the Residential guidelines or regulations? Struck stated that the applicant is proposing a PDD with an underlying B-2 zone, but this hasn’t been finalized yet. He stated that the plan could be approved with a B-2 zoning because they do meet the setback requirements and the parking so they aren’t looking for any particular concessions at this time. But one advantage to the rezone is the commission does have the ability to limit some of the uses within the District. Struck explained the slight differences between the B-2 and B-4 zoning. Pierce asked “if the Planning Commission does have restrictions they would like applied, should this be indicated now?” Struck stated that the Planning Commission will have an opportunity to restrict uses during the IDP and FDP process, but it may be a good idea to indicate to the developer, now, some thoughts of the Planning Commission. PRELIMINARY PLAT