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Home My WebLink About2016_12_13 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 Chambers5:00 PMTuesday, December 13, 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. 5:00 PM EXECUTIVE SESSION ID 2016-0791 Executive Session, pursuant to SDCL 1-25-2, for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. 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 2016-0764 Action to approve the November 8, November 22, and December 8 City Council Minutes. Page 1 City of Brookings December 13, 2016City Council Meeting Agenda 11/8/2016 Minutes 11/22/2016 Minutes 12/08/2016 Minutes Attachments: 3.C.ID 2016-0672 Action on various appointments to City Boards, Committees and Commissions. 3.D.ID 2016-0788 Action to cancel the December 20 City Council Meeting. 3.E.RES 16-096 Action on Resolution 16-096, a Resolution Rejecting Bids for 2017-2018 City of Brookings Custodial Services. ResolutionAttachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.A. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 5.B. SDSU Student Association Report. 6. Contracts/Change Orders: 6.A.RES 16-102 Action on Resolution 16-102, a Resolution awarding a contract for the purchase of fifteen (15) mobile digital / analog two-way radios and twenty-two (22) hand-held portable digital / analog two-way radios and specified accessories. ResolutionAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.B.RES 16-104 Action on Resolution 16-104, a Resolution to purchase Two (2) New 2017 Chevrolet Silverado ¾ Ton 4x4 Extended Cab Short Box for the Parks, Recreation & Forestry Dept. (Parks). ResolutionAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.C.RES 16-106 Action on Resolution 16-106, a Resolution authorizing Change Order No. 1 (Final), 2016-08STI, Street Maintenance and Overlay Project; Bowes Construction, Inc. Resolution Letter Requesting Time Extension Attachments: Page 2 City of Brookings December 13, 2016City Council Meeting Agenda Action: Motion to Approve, Request Public Comment, Roll Call 6.D.RES 16-107 Action on Resolution 16-107, a Resolution authorizing Change Order No. 1 for 2016-09STI, LeFevre Drive Storm Sewer Project; Timmons Construction, Inc. ResolutionAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.E.RES 16-108 Action on Resolution 16-108, a Resolution authorizing the Mayor to Sign Agreements for Project P-PH 0014(177)421 PCN 546N and IM 0295(40)132 PCN 04TW, US Highway 14 Project from 20th Avenue to 34th Avenue. Resolution Maintenance & Encroachment Agreement Draft Maintenance Agreement & Jurisdictional Transfer Plats Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.F.RES 16-109 Action on Resolution 16-109, a Resolution awarding the contract to purchase one Long Bed Truck Chassis with Raise-able Dump capability for Brookings Parks, Recreation and Forestry Department. ResolutionAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.G.RES 16-105 Action on Resolution 16-105, a Resolution adopting a Development Agreement between the City of Brookings and Bender Companies for the Brookings Marketplace property. Resolution Development Agreement 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. 8. Public Hearings and Second Readings: 8.A.ORD 16-025 Public Hearing and Action on Ordinance 16-025, an Ordinance pertaining to an application for a Conditional Use Permit for a Major Home Occupation for an Individual Counseling Office, in the Residence R-1B Single Family District on Lot 13, Block 11, Camelot Square Addition (1514 12th St. So.). Page 3 City of Brookings December 13, 2016City Council Meeting Agenda Ordinance Hearing Notice 11/1/2016 Planning Commission Minutes Area Map Aerial Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 11/22/16 City Council read into the record 8.B.ORD 16-026 Public Hearing and Action on Ordinance 16-026, an Ordinance rezoning Lot 1, Block 7, Wiese Addition from an Industrial I-1R Restricted to an Industrial I-1 Light District (located along 32nd Ave.). Ordinance Hearing Notice 11/1/2016 Planning Commission Minutes Rezoning Map 1 Rezoning Map 2 Plat Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 11/22/16 City Council read into the record 8.C.ORD 16-027 Public Hearing and Action on Ordinance 16-027, an Ordinance rezoning Block 2, Christie Third Addition from an Agricultural A to an Residence R-1B Single Family District (located at the northwest corner of 26th Street South and Main Avenue South). Ordinance 11/1/2016 Planning Commission Minutes Hearing Notice Rezoning Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 11/22/16 City Council read into the record 8.D.RES 16-103 Public Hearing and Action on Resolution 16-103, a Resolution Determining the Necessity of Alley Assessment Project No. 2017-05STA, from 1st Street South to 2nd Street South between 5th Avenue South and 6th Avenue South. Resolution Property Owner List Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Page 4 City of Brookings December 13, 2016City Council Meeting Agenda 8.E.ORD 16-028 Second Reading and Action on Ordinance 16-028, an Ordinance authorizing Supplemental Appropriation #3 to the 2016 Budget. OrdinanceAttachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 11/22/16 City Council read into the record 9. Other Business: 9.A.ID 2016-0777 Discussion and possible action on the Recommendations of the 6th Street Design Ad Hoc Committee, for 6th Street from Main Avenue to Medary Avenue. 6th St. Design Committee Recommendation Map - recommended lane option (three 11' lanes with two 14' outside lanes) Street Light pole (recommended) Street Light pole with Banner (recommended) Committee Minutes (unapproved) 12/1/2016 Committee Charter, adopted 2/9/2016 Mailing LIst BBAC Memo opposing recommendation, 12/8/2016 Map of 5-Lane Design with North side shared use path Map of 5-lane Design with South side shared use path Excerpt from BB Master Plan Community Engagement Report regarding the 6th St. Recommendation Bike Master Plan Community Engagement Report 10/28/2016 BBAC Recommendation to Council for Protected Bike Lanes, 12/4/2015 City Council action to adopt BBAC Recommendation, 12/8/2015 Sustainability Council Letter - posted 12.12.2016 SDDOT Letter - posted 12.12.2016 Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.B.ID 2016-0774 Discussion and possible action on Residential Permit Parking Options and Associated Costs. Permit Parking Sign Layout Residential Parking Zone Procedure Potential Zone A Potential Zone B Cost Estimate Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.C.ID 2016-0790 Discussion and possible action to form a joint City, County, and School Task Force on Mental Health. Page 5 City of Brookings December 13, 2016City Council Meeting Agenda Charter - DRAFT - posted 12.12.2016Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.D.ID 2016-0789 Action on 2017 City Manager Compensation Package. Action: Motion to Approve, Request Public Comment, Roll Call 9.E.ID 2016-0741 Action to accept Mayor Tim Reed’s formal resignation; effective12/31/2016. Action: Motion to Approve, Request Public Comment, Roll Call 9.F.ID 2016-0787 Action to appoint Interim Mayor, effective 1/1/2017-4/30/2017. City Charter Resolution 90-10 Press Release Munsterman Application Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 10. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 11. Adjourn. Brookings City Council: 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 6 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 2016-0791,Version:1 Executive Session, pursuant to SDCL 1-25-2, for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. 1-25-2. Executive or closed meetings--Purposes--Authorization--Misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1) Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor; 2) Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student; 3) Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4) Preparing for contract negotiations or negotiating with employees or employee representatives; 5) Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1. City of Brookings Printed on 12/7/2016Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2016-0764,Version:1 Action to approve the November 8, November 22, and December 8 City Council Minutes. Attachments: November 8 Minutes November 22 Minutes December 8 Minutes City of Brookings Printed on 12/9/2016Page 1 of 1 powered by Legistar™ Brookings City Council November 8, 2016 (unapproved) The Brookings City Council held a meeting on Tuesday, November 8, 2016 at 5:00 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. City Manager Jeffrey Weldon, City Attorney Steve Britzman and City Clerk Shari Thornes were also present. Executive Session.A motion was made by Council Member Wendell, seconded by Council Member Corbett, to enter into Executive Session at 5:02 p.m. for purposes of consulting with legal counsel regarding proposed or pending litigation or contractual matters and discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business, with the City Council (Council Member Hansen arrived at 5:06 p.m.), City Manager, City Clerk, City Attorney, and Mike Struck, Community Development Director, present. The motion carried by a unanimous vote. A motion was made by Council Member Corbett, seconded by Council Member Hansen, to exit Executive Session at 6:05 p.m. The motion carried by a unanimous vote. Consent Agenda. Item 8.C. Public Hearing and Action on Resolution 16-088, a Resolution authorizing the city Manager to sign an On-Off Sale Wine Operating Agreement for Optimal Success, Inc., dba 1000 Degree Pizzeria was removed from the agenda, Item 8.B. was corrected as an On-Off Sale Malt License, Item 3.C. was removed from Consent Agenda, and Item 4.B. Action to hold two special council meetings on December 8 and December 20 was added to the agenda. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, to approve the Consent Agenda, as amended. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. 3.A. Action to approve the agenda, as amended. 3.B. Action to approve the September 20, October 11, and October 18 City Council Minutes. 3.D. Action on Resolution 16-089, a Resolution to declare Police Vehicles as surplus property. Resolution 16-089 - Resolution for the Surplus of Police Vehicles Whereas, the city of Brookings is the owner of the following described equipment formerly used at the City of Brookings Police Department: 6-2A 2014 Ford Explorer, 127,000 miles, VIN: 1FM5K8AR0EGA70720; 6-2D 2014 Ford Explorer, 108,000 miles, VIN: 1FM5K8AR0EGB74338. Whereas in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; and Whereas, the City Manager hereby authorized to sell said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6-13. 3.E. Action on an Amendment to the Civil Air Patrol, Inc. Lease Agreement. Addendum to Civil Air Patrol, Inc. Airport Terminal Lease Agreement This Addendum to Agreement with Civil Air Patrol, Inc. is made and entered into by and between the City of Brookings, South Dakota, a municipal corporation, Lessor, hereinafter referred to as "City", and Civil Air Patrol, Inc. hereinafter referred to as "Lessee." This addendum is intended to amend the current lease agreement with Civil Air Patrol dated January 27, 2015, with all other terms of the Lease Agreement to remain in full force and effect. For and in consideration of the mutual covenants, conditions and promises, the parties do hereby agree that the following sections of the Lease Agreement dated January 27, 2015 are amended as follows: 1. Article VII: Rental Space in the Terminal Building/Rent Payable Commencing on January 1, 2017 through December 31, 2017, the monthly rental installment shall be $77.25 per month, said sum to be billed and payable on or by the first working day of each month and is late if paid after the 10th day of the month. This Agreement shall be in full force and effect from the date of approval by both parties and ending December 31, 2017, unless sooner terminated or extended as provided in the lease. Lessee understands that this Lease is subject to early termination if the City of Brookings agrees to permit a commercial service, airline, operator or other purpose for the terminal building. 2. Remaining Sections of Lease shall continue unmodified. All other Articles of the Lease Agreement between the parties dated January 27, 2015 shall remain in full force and effect. 3.F. Action on Resolution 16-090, a Resolution awarding the contract for 2017- 2018 Airport Hay Land Lease. Resolution 16-090 - Resolution Awarding Bids on Airport Hay Land Lease Whereas, the City of Brookings opened bids to lease approximately 315 acres of Airport Hay Land at the Brookings Regional Airport located in Sections 26, 27 and 28, T110, R50W, on Tuesday, November 1, 2016 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings received the following bids for Airport Hay Land Lease: Brian Fett, Dell Rapids, SD - $78.10 per acre, David Rochel, Aurora, SD - $46.50 per acre and Jason Voss, Brookings, SD - $40.00 per acre. Now Therefore, Be It Resolved that the high bid of Brian Fett, Dell Rapids, SD for $78.10 per acre be accepted. 3.G. Action on Resolution 16-092, a Resolution awarding the contract for City Hay Land Lease for hay land located in Section 21-T110N-R50W. Resolution 16-092 - Resolution Awarding Bids on City Hay Lease in Section 21-T110N-R50W Whereas, the City of Brookings opened bids for approximately 60 acres of City Hay Land for the City-owned parcel located in Section 21-T110-R50W on Tuesday, November 1, 2016 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for City Hay Lease: David Rochel, Aurora, SD - $108.50 per acre; Brian Fett, Dell Rapids, SD - $98.00 per acre; Daniel Bauer, Elkton, SD - $85.50 per acre; Jason Voss, Brookings, SD - $50.00 per acre. Now Therefore, Be It Resolved that the high bid of $108.50 per acre from David Rochel, Brookings, SD be accepted. 3.H. Action on Resolution 16-093, a Resolution awarding the contract for City Crop Land Lease for cr4op land located in the Wiese and Freeland Additions. Resolution 16-093 - Resolution Awarding Bids on City Crop Land Lease Whereas, the City of Brookings opened bids for approximately 52 acres of crop land for lease on City-owned parcels located in Wiese Addition and Freeland Addition, Sections 18 and 19, T110N, R49W, on Tuesday, November 1, 2016 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for City Crop Land Lease: David Rochel – $206.50/acre, Brian Fett - $181.00/acre and Daniel Bauer - $142.50/acre. Now Therefore, Be It Resolved that the high bid of David Rochel, Aurora, SD, for $206.50 per acre be accepted. 3.I. Action on Resolution 16-094, a Resolution awarding the contract for City Hay Land Lease for hay land located in Section 11-T109N-R50W. Resolution 16-094 - Resolution Awarding Bids for City Hay Land Lease in Section 11-T109N-R50W Whereas, the City of Brookings opened bids for a two-year lease of approximately 18 acres of City hay land in Section 11-T109N-R50W, southeast of 32nd Street South and Main Avenue South, on Tuesday, November 1, 2016 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for City Hay Land Lease: Brian Fett, Dell Rapids, SD - $66.00/acre; David Rochel, Aurora, SD - $46.50/acre; LNJ Farms & Ranch, Aurora, SD - $45.00/acre; Jason Voss, Brookings, SD - $40.00/acre; Dennis Welbig, Brookings, SD - $36.60/acre; Daniel Bauer, Elkton, SD - $25.00/acre Now Therefore, Be It Resolved that the high bid of Brian Fett, Dell Rapids, SD for $66.00 per acre be accepted. 3.J. Action on Resolution 16-083, a Resolution authorizing the City Manager to sign a Liquor Operating Agreement renewal for Ram & O’Hare’s Ent., LLC, dba The Ram, Jerry and Tammy Young, owners, 327 Main Ave., legal description: East 121’ of Lot 14, Block 3, Original Plat Addition. Resolution 16-083 - Ram & O’Hare’s Eng. LLC, dba The Ram – Liquor Operating Agreement Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the Operating Liquor Management Agreement between the City of Brookings and Ram & O’Hare’s Eng. LLC, dba The Ram, Jerry and Tammy Young, owners, for the purpose of a liquor manager to operate the On-Sale Establishment or business for and on behalf of the City of Brookings at 327 Main Avenue. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of ten (10) years. 3.K. Action on Resolution 16-084, a Resolution authorizing the City Manager to sign off on an On-Off Sale Wine Operating Agreement renewal for Schoon’s Pump N’ Pak South, owner, Jon Schoon, 1203 Main Ave. So., legal description: Outlot 8, NE ¼, .66 acres, Section 35-110-50. Resolution 16-084 - Schoon’s Properties, Inc., dba Schoon’s Pump N’ Pak South – Wine Operating Agreement Renewal Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement renewal for the Operating Liquor Management Agreement for On-Sale Wine between the City of Brookings and Schoon’s Properties, Inc., dba Schoon’s Pump N’ Pak South, for the purpose of a liquor manager to operate the On-Sale Establishment or business for and on behalf of the City of Brookings at 1203 Main Ave. So. Be It Further Resolved that the City Manager be authorized to execute the Lease Agreement renewal on behalf of the City, which shall be for a period of five (5) years. 3.L. Action on Resolution 16-086, a Resolution authorizing the City Manager to sign an On-Off Sale Wine Operating Agreement Renewal for Aramark / McCrory Gardens Educational Visitors Center, at the corner of 6th Street and 22nd Avenue, legal description: a portion of the SE ¼ of Section 24-T110N-R50W (located on the northwest corner of 6th Street and 22nd Avenue). Resolution 16-086 - Aramark / McCrory Gardens Educational Visitors Center – Wine Operating Agreement Renewal Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement renewal for the Operating Liquor Management Agreement for On-Sale Wine between the City of Brookings and Aramark / McCrory Gardens Educational Visitors Center, for the purpose of a liquor manager to operate the On-Sale Establishment or business for and on behalf of the City of Brookings at the corner of 6th Street and 22nd Avenue. Be It Further Resolved that the City Manager be authorized to execute the Lease Agreement renewal on behalf of the City, which shall be for a period of five (5) years. Removed from Consent Agenda: Annual Liquor and Wine Alcohol License Renewals for 2017. A motion was made by Council Member Corbett, seconded by Council Member Wendell, to approve the following annual Liquor and Wine License Renewals: Liquor (Off-Sale): Brookings Municipal Liquor Store, 780 22nd Ave. So. Liquor (On-Sale): Fireside Restaurant / Dakota Ram Inc., 2515 E. 6th St. (CL); Park Hospitality, Inc., 2500 6th St. (CL); Applebee’s / Porter Apple Co. B Inc., 3001 LeFevre Dr.; Buffalo Wild Wings Bar & Grill / W&P of Brookings, LLC, 1721 6th St.; CRAFT / Midwest Fresh Concepts, LLC, 610 Medary Ave.; Cubby’s Sports Bar & Grill / GDT Inc., 307 Main Ave.; Danny’s / David Olson Inc., 703 Main Ave. So.; Elks Brookings Lodge #1490, 516 4th St.; Jim’s Tap / Urquhart Ent., Inc., 309 Main Ave.; 9 Bar Nightclub / Nine Inc., 303 Main Ave.; Old Market Eatery / The Lee Group, 424 5th St. (legal description change); Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So.; Pints & Quarts / B&L Sullivan, Inc., 313 Main Ave.; Prairie Lanes Inc., 722 Western Ave.; The Ram / Ram & O’Hare’s Ent., LLC, 327 Main Ave.; Ray’s Corner / Fergen Enterprises Inc., 401 Main Ave.; Skinner’s Pub Inc., 300 Main Ave.; Sully’s Irish Pub/B&L Sullivan Inc., 421 Main Ave.; VFW GEO Dokken Post 2118, 520 Main Ave.; The Wild Hare / Wonder, Inc., 303 3rd St.; Restaurant (On-Sale): Whiskey Creek Wood Fire Grill / Brookings Steak Co. LLC, 621 32nd Ave. Wine (On-Off Sale): Aramark/McCrory Gardens Visitors Center, 6th St. & 22nd Ave.; Brookings Municipal Liquor Store, 780 22nd Ave. So.; Children’s Museum of South Dakota, 521 4th St.; CRAFT / Midwest Fresh Concepts, LLC, 610 Medary Ave.; The Depot / ERL, LLC, 919 20th St. So.; Guadalajara Mexican Restaurant, 1715 6th St., Suite F; Hy-Vee Food Store / Hy-Vee, Inc., 700 22nd Ave.; KRAVE, Inc., 1040 22nd Ave. So.; New Sake, Inc., 724 22nd Ave. So.; Old Sanctuary / Old Sanctuary Assoc., LLC, 928 4th St.; Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So.; Schoon’s Pump N’ Pak So. / Schoon Properties, Inc., 1205 Main Ave. So.; Skinner’s Pub Inc., 300 Main Ave.; Swiftel Center, 824 32nd Ave.; Wal-Mart Supercenter #1538 / Wal-Mart Stores, Inc., 2233 6th St.; Zip Trip #63 / CHS, Inc., 1005 6th St.; Zip Trip #64 / CHS, Inc., 3045 LeFevre Dr.The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. A motion was made by Council Member Corbett, seconded by Council Member Wendell, to table the annual Wine License Renewal for The Dixie, 1300 Main Ave. So. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Schedule Special City Council Meetings. A motion was made by Council Member Wendell, seconded by Council Member Hansen, to schedule two special council meetings on December 8 and December 20. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Distinguished Award. Mayor Tim Reed recognized Finance Manager Shawna Costello and her staff for their commitment and dedication to excellence in government financial management for the taxpayers of the City of Brookings for receiving the distinguished Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting for the fourth consecutive year. FIRST READING: Ordinance 16-024. Introduction and First Reading was held on Ordinance 16-024, an Ordinance establishing the University Community Coalition (UCC) of the City of Brookings, SD. Public Hearing: November 22, 2016. Resolution 16-085. A public hearing was held on Resolution 16-085, a Resolution approving a Special Assessment for uncollected Mowing / Inspection Fees. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Resolution 16-085 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Resolution 16-085 - Levy Assessment for Mowing Whereas, the City Manager has submitted to the City Council Special Assessments against the owner and legal description listed below as hereinafter set out for Mowing/Inspection fees; Be It Resolved by the City Council of the City of Brookings, South Dakota, these fees be assessed, in accordance with South Dakota Codified Law 9-32-12 as follows: June Chase, 119 W. 7th St., mowing & inspection fee in the amount of $510.00. On-Off Malt Beverage License. A public hearing was held on an On-Off Sale Malt Beverage Alcohol License for Optimal Success, Inc., DBA 1000 Degrees Pizzeria, Karl Larsen, owner, 770 22nd Ave. So., Brookings, South Dakota, legal description: Lot 2, Brookings Mall Addition. A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, that the license be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Ordinance 16-022. A public hearing was held on Ordinance 16-022, an Ordinance amending the Requirements for Campaign Financing Disclosures in the City of Brookings, South Dakota. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, that Ordinance 16-022 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Ordinance 16-023. A public hearing was held on Ordinance 16-023, an Ordinance establishing procedure for Revisions and Amendments to Ordinances following First Readings. A motion was made by Council Member Niemeyer, seconded by Council Member Corbett, that Ordinance 16-023 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Preliminary Plat. A motion was made by Council Member Hansen, seconded by Council Member Corbett, that a Preliminary Plat for Lots 1-59 in Block 1, Reserve Second Addition (located south of 15th Street South and north of the Windermere Point Addition in an R-3 District), be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Industrial I-1R District Site Plan. A motion was made by Council Member Niemeyer, seconded by Council Member Corbett, that an Industrial I-1R District Site Plan for Lot 1, Block 7, Wiese Addition (Medgene Labs; located along 32nd Avenue), be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Abandoned Cemetery. A motion was made by Council Member Wendell, seconded by Council Member Kidwiler, to assume ownership of the cemetery and to direct the City Attorney to start quiet title action of the property pursuant to SDCL. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Economic Development Tax Grant Incentive Program & Application. A motion was made by Council Member Bacon, seconded by Council Member Hansen, that Discussion and possible action on Economic Development Tax Grant Incentive Program and Application, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. South Main Fire Station Construction Budget. A motion was made by Council Member Hansen, seconded by Council Member Corbett, to adopt a construction budget of $1,375,000 from the 25% Second Penny Fund for the South Main Fire Station. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. An amendment was made by Mayor Reed, seconded by Council Member Niemeyer, for the consideration of the alternate for in-floor heating. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Residential Parking Permit Options. No action was taken. Staff was directed to provide more detail on estimated costs to the city and a communications plan. WPA Armory. A motion was made by Mayor Reed, seconded by Council Member Niemeyer, to proceed with demolishing the Armory and developing a gathering space or park on the site, understanding there is a review process to be followed, because the building is on the National Register of Historic Places. Public Comment: David Kneip, Mariah Carey, Doug Smith, Dana Anderson, Nick Schmeichel, Angie Boersma, Doug Armstrong, Lisa Rothburn, Greg Heiberger, and David Kneip. The motion carried by the following vote: Yes: 4 - Corbett, Niemeyer, Reed, and Wendell; No: 3 - Bacon, Hansen, and Kidwiler. Topics for future discussion. A motion was made by Council Member Hansen, seconded by Mayor Reed, to add a follow-up on the Mental Health Awareness to the December 13 City Council Meeting Agenda. The motion carried by a unanimous vote. Adjourn. A motion was made by Council Member Corbett, seconded by Council Member Wendell, to adjourn the meeting at 7:08 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk Brookings City Council November 22, 2016 (unapproved) The Brookings City Council held a meeting on Tuesday, November 22, 2016 at 5:15 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. City Manager Jeffrey Weldon, City Attorney Steve Britzman and City Clerk Shari Thornes were also present. Executive Session. A motion was made by Council Member Hansen, seconded by Council Member Corbett, to enter into Executive Session at 5:17 p.m. for purposes of consulting with legal counsel regarding proposed or pending litigation or contractual matters and discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business, with the City Council, City Manager, City Clerk, City Attorney, Kevin Catlin, Assistant to the City Manager, and Mike Struck, Community Development Director, present. The motion carried by a unanimous vote. A motion was made by Council Member Niemeyer, seconded by Council Member Bacon, to exit Executive Session at 5:34 p.m. The motion carried by a unanimous vote. 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. Resolution 16-091. A motion was made by Council Member Niemeyer, seconded by Council Member Kidwiler, that Resolution 16-091, a Resolution awarding a Contract for Purchase for one new Articulated Dump Truck for the Landfill Department through the National Joint Powers Alliance, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Resolution 16-091 - Resolution Awarding the Bid for one new Articulated Dump Truck Whereas, the City of Brookings will purchase a John Deere 260E Articulated Dump Truck from RDO Equipment Company through the National Joint Powers Alliance; and Whereas, the City of Brookings will purchase from RDO Equipment Company, Sioux Falls, South Dakota one John Deere 260E Articulated Dump Truck in the amount of $387,300.49; and Whereas, this John Deere 260E Articulated Dump Truck will replace a 2003 Ford Gravel Truck with delivery and payment made after January 1, 2017; and Whereas, the capital budget for the purchase of one Articulated Dump Truck is $400,000.00. Now Therefore, Be It Resolved that the contract from RDO Equipment Company in the amount of $387,300.49 be accepted. FIRST READING: Ordinance 16-025. Introduction and First Reading was held on Ordinance 16-025, an Ordinance pertaining to an application for a Conditional Use Permit for a Major Home Occupation for an Individual Counseling Office, in the Residence R-1B Single Family District on Lot 13, Block 11, Camelot Square Addition (1514 12th St. So.). Public Hearing: December 13, 2016. FIRST READING: Ordinance 16-026. Introduction and First Reading was held on Ordinance 16-026, an Ordinance rezoning Lot 1, Block 7, Wiese Addition from an Industrial I-1R Restricted to an Industrial I-1 Light District (located along 32nd Ave.). Public Hearing: December 13, 2016. FIRST READING: Ordinance 16-027. Introduction and First Reading was held on Ordinance 16-027, an Ordinance rezoning Block 2, Christie Third Addition from an Agricultural A to an Residence R-1B Single Family District (located at the northwest corner of 26 th Street South and Main Avenue South). Public Hearing: December 13, 2016. FIRST READING: Ordinance 16-028. Introduction and First Reading was held on Ordinance 16-028, an Ordinance authorizing Supplemental Appropriation #3 to the 2016 Budget. Public Hearing: December 13, 2016. TABLED ITEM: Wine License Renewal for The Dixie. A motion was made by Council Member Hansen, seconded by Council Member Corbett, to remove from the table action on annual 2017 Wine Alcohol License Renewal for The Dixie, 1300 Main Ave. So. rom the table. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. A motion was made by Council Member Hansen, seconded by Council Member Corbett, that the annual 2017 Wine Alcohol License Renewal for The Dixie, 1300 Main Ave. So., be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Ordinance 16-024. A motion was made by Council Member Wendell, seconded by Council Member Kidwiler, that Ordinance 16-024, an Ordinance establishing the University Community Coalition (UCC) of the City of Brookings, SD, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. On-Off Sale Malt License. A public hearing was held on an On-Off Sale Malt Beverage Alcohol License for Cinema 8, Richard Peterson, owner, 219 6th Street, Brookings, South Dakota, legal description: N 138’ of Lot 22 of Sublots 14 and 15, and N 138’ of W 13’ of Lot 25, all in Block 3, Henry’s Addition. A motion was made by Council Member Wendell, seconded by Council Member Kidwiler, that the On-Off Sale Malt License be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Resolution 16-087. A public hearing was held on Resolution 16-087, a Resolution authorizing the City Manager to sign an On-Off Sale Wine Operating Agreement for Cinema 8, Richard Peterson, owner, 219 6th Street, Brookings, SD, legal description: N 138’ of Lot 22 of Sublots 14 and 15 and the N 138’ of the W 13’ of Lot 25, all in Block 3, Henry’s Addition. A motion was made by Council Member Hansen, seconded by Council Member Corbett, that the On-Off Sale Wine Operating Agreement be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Resolution 16-087 - Cinema 8 – Wine Operating Agreement Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement for Wine between the City of Brookings and Richard Peterson, owner, Cinema 8, for the purpose of a liquor manager to operate the On-Sale Establishment or business for and on behalf of the City of Brookings at 219 6th Street. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years, with a renewal for another five (5) years. Resolution 16-095. A public hearing was held on Resolution 16-095, a Resolution authorizing the City Manager to sign an On-Off Sale Wine Operating Agreement for Wooden Legs Brewing Co., LLC, Seth Koch, Brent Mathiason, and Steven Kreeger, owners, 304 5th St., Suite 100, Brookings, SD, legal description: Lots 15-16, Block 14, Second Addition. A motion was made by Council Member Bacon, seconded by Council Member Wendell, that the On-Off Sale Wine Operating Agreement be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Resolution 16-095 Wooden Legs Brewing Co., LLC – Wine Operating Agreement Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement for Wine between the City of Brookings and Seth Koch, Brent Mathiason, and Steven Kreeger, owners, Wooden Legs Brewing Co., LLC, for the purpose of a liquor manager to operate the On-Sale Establishment or business for and on behalf of the City of Brookings at 304 5th Street, Suite 100. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years, with a renewal for another five (5) years. Resolution 16-097. A public hearing was held on Resolution 16-097, a Resolution of Intent to Lease Real Property at the Brookings Regional Airport to Brian Fett. A motion was made by Council Member Corbett, seconded by Council Member Kidwiler, that the lease be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Resolution 16-097 - Resolution of Intent to Lease Hay Land at the Brookings Regional Airport to Brian Fett Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a lease with Brian Fett for the period of 2017- 2018, pertaining to the following described property: the designated hay land, three hundred fifteen acres more or less, in Sections 26, 27, and 28, T110N-R50W in the City of Brookings, Brookings County, South Dakota. The Lease will be an amount of $78.10 per acre for hay land, payable on July 1 and November 1 of each year. Be It Further Noted, that a Public Hearing on this Resolution was held on November 22nd, 2016 at 6:00 o’clock P.M. in the Chambers of the City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution 16-098. A public hearing was held on Resolution 16-098, a Resolution of Intent to Lease Real Property in Section 21-T110N-R50W to David Rochel. A motion was made by Council Member Hansen, seconded by Council Member Corbett, that the lease be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Resolution 16-098 - Resolution of Intent to Lease Real Property in Section 21-T110N-R50W to David Rochel Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease Agreement with David Rochel for a period of two (2) years, commencing January 1, 2017 and ending December 31, 2018, and pertaining to the following described property: the designated hay land, sixty (60) acres more or less, in Section 21, T110N-R50W in the City of Brookings, Brookings County, South Dakota. The Lease will be an amount of One Hundred Eight Dollars and Fifty Cents ($108.50) for hay land, payable the first half payment will be due July 1 st with the second half due November 1st of each year. Be It Further Noted, that a Public Hearing on this Resolution was held on November 22, 2016, at 6:00 o’clock P.M. in the Chambers of the City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution 16-100. A public hearing was held on Resolution 16-100, a Resolution of Intent to Lease Real Property in Section 11-T109N-R50W to Brian Fett. A motion was made by Council Member Bacon, seconded by Council Member Wendell, that the lease be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Resolution 16-100 - Resolution of Intent to Lease Hay Land in Section 11-T109N-R50W to Brian Fett Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease Agreement with Brian Fett for the period of 2017-2018, pertaining to the following described property: the designated hay land, eighteen (18) acres more or less, in Section 11-T109N-R50W in the City of Brookings, Brookings County, South Dakota. The Lease will be an amount of $66.00 per acre for hay land, payable on July 1 and November 1 of each year. Be It Further Noted, that a Public Hearing on this Resolution was held on November 22, 2016 at 6:00 o’clock P.M. in the Chambers of the City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution 16-101. A public hearing was held on Resolution 16-101, a Resolution of Intent to Lease Real Property in the Wiese and Freeland Additions to David Rochel. A motion was made by Council Member Wendell, seconded by Council Member Hansen, that the lease be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Resolution 16-101 - Resolution of Intent to Lease Crop Land in the Wiese and Freeland Additions to David Rochel Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease Agreement with David Rochel for a period of one (1) year commencing January 1, 2017 and ending December 31, 2017, with a possible option to renew for one additional year, and pertaining to the following described property: the designated crop land, twenty-two (22) acres in Freeland Addition and thirty (30) acres in Wiese Addition, in the City of Brookings, Brookings County, South Dakota. The Lease will be an amount of Two Hundred Six Dollars and Fifty Cents ($206.50) for hay land, payable the first half payment will be due July 1st with the second half due November 1st of each year. Be It Further Noted, that a Public Hearing on this Resolution was held on November 22, 2016, at 6:00 o’clock P.M. in the Chambers of the City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution 16-099. A motion was made by Council Member Hansen, seconded by Council Member Bacon, that Resolution 16-099, a Resolution for the City of Brookings 2017 Dental Insurance Premium Adjustment, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Resolution 16-099 - Establishing Dental Insurance Monthly Contribution Rates for the City of Brookings Dental Insurance Plan Be It Resolved that the 2017 employee and employer contributions for the Dental Insurance Plan be established as follows: City General & Public Safety Employees Employer's Share (75%) of Single Rate Employee’s 2017 Share TOTAL Employee Only $32.48 $10.82 $43.30 Employee/Spouse $32.48 $50.68 $83.16 Employee/Child(ren) $32.48 $53.00 $85.48 Family $32.48 $83.36 $115.84 2016 Strategic Plan and Departmental Goals.City Manager Jeff Weldon reviewed the 2016 Strategic Plan year-end report and provided an overview of departmental year-end goals. 2017 Major Construction & Program Projects. City Manager Jeff Weldon reviewed significant construction and program project activities slated for 2017. Construction Projects Airport crosswind runway reconstruction $1,091,810 South Main Avenue Fire Station $1,366,000 Highway 14 gateway Project $ 600,000 Athletic Complex parking lot reconstruction $ 200,000 Playground ADA compliant surfacing transition plan $ 150,000 Sidewalk ADA compliant transition plan $ 70,000 Pioneer Park playground equipment $ 70,000 15th Avenue & 7th Street Improvement Project $2,000,000 20th Street South Improvement Project $1,000,000 Annual street maintenance chip seal project $ 305,000 Street improvements/overlays/traffic signals @ several locations $1,000,000 Alley improvement/assessments $ 100,000 Community Cultural Center renovation (Carnegie Library)$ 490,000 Armory bldg./property re-development/rehabilitation $ TBD Highway 14 East (6 th St) re-construction (coordinate with SDDOT) $ state Programmatic Projects Comprehensive Master Plan re-write Bicycle Master Plan completion, and initial program implementation Park District Master Plan Recreation Center Development Plan Affordable Housing Task Force committee recommendations 20th Street South Overpass/Interchange program planning Sustainability Council work plan projects Public Arts Commission work plan projects Implementation of parking permit program Swiftel Center strategic planning process University-Community Coalition activities Brookings Marketplace development activities Retail development; Brookings Marketplace/Wilbert Square/Prairie Hills Re-write Joint Jurisdictional Zoning Code with Brookings County Small Ms4 Storm Water Management Program Goals from 2015.City Engineer Jackie Lanning provided a presentation on the Small MS4 Storm Water Management Program Goals from 2015 highlighting achievements and providing a preview of 2017 Program Goals related to water quality. A Storm Water Management Program was developed via the federal Clean Water Act, through the development of National Storm Water Regulations. This program is intended to improve surface water quality by reducing the quantity of pollutants that storm water picks up and carries into storm sewer systems during storm events. Common pollutants include oil and grease from roadways and parking lots, pesticides from lawns, sediment from construction sites, and discarded trash. These pollutants can impair the waterways, thereby discouraging recreational use of the resource, contaminating drinking water supplies, and interfering with habitat for fish, other aquatic organisms, and wildlife. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Wendell, 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 December 8, 2016 (unapproved) The Brookings City Council held a special joint meeting with the Brookings County Commission on Thursday, December 8, 2016 at 4:00 p.m., at City Hall with the following City Council members present: Mayor Tim Reed, Council Members Keith Corbett, Mary Kidwiler, Dan Hansen, Ope Niemeyer, Nick Wendell, and Patty Bacon, and Brookings County Commissioners present: Ryan Krogman, Larry Jensen, Stephne Miller, LeeAnn Pierce, and Tom Yseth. City Manager Jeffrey Weldon, City Attorney Steve Britzman, City Clerk Shari Thornes, and County Commission Assistant Stacy Steffensen were also present. Interchange Analysis Report for the 20th Street South / 214th Street / I-29 I Improvement Project. Jason Kjenstad and Rick Laughlin with HDR Engineering provided a presentation summary of the 20th Street South Interstate Access Study. The intent of the study was to provide a basis for decisions by the City of Brookings, SDDOT, and Federal Highway Administration. The study is a precursor to an Interstate Justification Report (IJR) or an Environmental Impact Analysis. Each unit of government will discuss the issue further. It would be beneficial for the Mayor and County Commission Chair to meet in a month and figure out a way of going forward. The City plans to involve the Transportation Steering Committee, chaired by Deputy Mayor Keith Corbett. Adjourn. The meeting was adjourned at 4:59 p.m. 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 2016-0672,Version:1 Action on various appointments to City Boards, Committees and Commissions. Summary: Mayor Tim Reed has submitted the following appointment recommendations for City Council advice and consent: Brookings Bicycle Advisory Committee Number of positions:4 Term Length:3 years Residency Requirement: Not required The role of the Brookings Bicycle Advisory Committee is to advise the City Council, City Manager, and City Boards on bicycling related issues; help advance the state of bicycle infrastructure; encourage bicycling for transportation and recreation; public education and awareness; improve safety and compliance with traffic laws; assist the City with bicycle plans; review and suggest legislative and policy changes; recommend priorities for use of the public funds on bicycle projects; and help ensure Brookings retains and enhances its status as a bike friendly community. Mayor’s Recommendation 1. Reappoint Jennifer McLaughlin 2. Reappoint Steve Paula 3. Appoint Eric Rasmussen 4. Appoint Keith Schram Board of Adjustment Number of positions:3 Term Length:3 years Residency Requirement: Required or reside within Joint Jurisdictional Area The Board of Adjustment has the authority to act on variances or special exceptions to the zoning ordinance. Four of the five members must vote in the affirmative for a motion to pass. Mayor’s Recommendation: 1. Appoint Eric Rasmussen as full member 2. Appoint Dustin Edmison as 1st Alternate 3. Move Eric Youmans from 1st Alternate to full member 4. Move George Houtman from 2nd Alternate to full member 5. 2nd Alternate - VACANCY PENDING Board of Appeals Number of positions:2 Term Length:5 years Residency Requirement:Not Required City of Brookings Printed on 12/12/2016Page 1 of 5 powered by Legistar™ File #:ID 2016-0672,Version:1 The function of the Board of Appeals is to hear and decide on appeals or orders, decisions or determinations made by the city building officials relative to the application and interpretation of the Building Code, and to determine the suitability of alternate materials and methods of construction. All members of the Board must be qualified by training and experience to pass upon the matters pertaining to building construction. Mayor’s Recommendation: 1. Reappoint Jonathan Meendering 2. Appoint Dave Ekern Board of Health Number of positions:4 Term Length:3 years Residency Requirement:Required for 7 members The purpose of the Board of Health is to provide a general supervision of the health of the city with full powers to take all steps and measures necessary to promote the cleanliness and healthfulness and to prevent and arrest the spread of any contagious or infectious diseases and harmful environmental conditions, and to quarantine any person or evacuate any area contaminated by such condition or disease. In addition, the Board is to provide public education for the need of all phases of an integrated solid waste management system; o Establish a comprehensive realistic solid waste plan for the city. o Develop a financial policy that would be used for raising funds required to build and operate an integrated solid waste program. o Develop and promote pilot programs for recycling and collection of household hazardous waste and reducing solid waste. Mayor’s Recommendation: 1. Reappoint Dr. Merritt Warren 2. Reappoint Bob McGrath 3. Reappoint Roberta Wagner 4. Appoint Shelly Brandenburger Brookings Committee for People who have Disabilities Number of positions:3 (2 members, 1 SDSU Student) Term Length:3 years (except student term is 1 year) Residency Requirement:Required for 7 members The Brookings Committee for People who have Disabilities strives to advocate for the rights of people who have disabilities in our community. Throughout the year, specific events are held to bring awareness and information to our citizens. Technical assistance is provided to the business community, private individuals, governmental entities and nonprofit organizations. This is a service not provided by any other entity in Brookings. The goals of this service are to improve the quality of life for people who have disabilities through enhancing the knowledge base of entities in the community; and to further serve as a community-based advocacy group enhancing the ability of local entities to comply with Federal Civil Rights legislation. Mayor’s Recommendation: 1. Reappoint Matt Simet City of Brookings Printed on 12/12/2016Page 2 of 5 powered by Legistar™ File #:ID 2016-0672,Version:1 2. Appoint Ruth Harper 3. VACANCY PENDING - Student Member Brookings Health Systems Board of Trustees Number of positions:2 Term Length:3 years Residency Requirement:Must be a resident of Brookings County The Brookings Health System Board of Trustees is an administrative board responsible for the planning, operation and evaluation of all hospital and nursing home programs, services and related organizational activities consistent with the City Charter, Ordinance and facility by laws. (Formerly called the “Brookings Hospital Board.”) Mayor’s Recommendation: 1. Appoint Nancy Fahrenwald 2. Reappoint Daryl England Business Improvement District #1 Board Number of positions:2 Term Length:3 years Residency Requirement:Not Required The Business Improvement District #1 Board is responsible to prepare a plan of improvements for a district and provide improvement recommendations to the City Council. The boundaries of Business Improvement District #1 are defined as non-contiguous properties to include all hotels/motels with 25 or more rooms situated within the corporate limits of the city of Brookings. Mayor’s Recommendation: 1. Reappoint Tari Waterman 2. Reappoint Kate Treiber Historic Preservation Commission Number of positions:3 Term Length:3 years Residency Requirement:Required The purpose of the Historic Preservation Commission is to allow the city to engage in a comprehensive program of historic preservation to promote the inspiration, pleasure and enrichment of the citizens of Brookings through identification, documentation, preservation, promotion, and development of the city’s historic resources. Mayor’s Recommendation: 1. Reappoint Virginia James 2. Reappoint Leah Brink 3. Reappoint Ennis Willert Human Rights Commission Number of positions:3 Term Length:3 years Residency Requirement:Not required The Human Rights Commission has the power to investigate alleging discrimination. Other programs City of Brookings Printed on 12/12/2016Page 3 of 5 powered by Legistar™ File #:ID 2016-0672,Version:1 include: ·The study of the existence, character, causes and extent of discrimination in employment, housing and public accommodations, property rights, education and public services. ·Advise and provide a forum for those subjected to unfair and discriminatory practices in the City and County. ·Advise City officials concerning issues of discrimination. ·Conducting educational programs and disseminates information to further the committee’s policy to eliminate discrimination in the city. Mayor’s Recommendation: 1. Reappoint Steve Bayer 2. Reappoint Judy Karen 3. Reappoint George Hamer Library Board Number of positions:2 Term Length:3 years Residency Requirement:Required The Library Board is responsible for the appointment of the Librarian, the conduct of business and development of policies for the Brookings Public Library materials, the governance of the library and the use of the public library services and materials. Mayor’s Recommendation: 1. Appoint Kathryn A. Miller 2. Appoint Dr. Douglas O’Neill Sustainability Council Number of positions:3 Term Length:3 years Residency Requirement:Required for Majority The purpose of the Sustainability Council is to investigate, propose, educate, communicate, and advocate investment strategies and policies that will improve our future qualities of life while still meeting the needs of the present. Mayor’s Recommendation: 1. Reappoint Betty L. Beer 2. Reappoint Nels Granholm 3. Reappoint Holly Tilton Byrne Swiftel Center Advisory Committee Number of positions:2 Term Length:3 years Residency Requirement:Not required The Swiftel Center Advisory Committee shall act only in an advisory capacity to the city council, however it shall, in particular, advise the city concerning marketing, operational issues and management of the Swiftel Center, and in particular, shall advise and assist the city in the performance of contracts between the City of Brookings and County of Brookings, and between the City of Brookings Printed on 12/12/2016Page 4 of 5 powered by Legistar™ File #:ID 2016-0672,Version:1 City of Brookings and the firm managing the Swiftel Center and which concern the Swiftel Center. Mayor’s Recommendation: 1. Reappoint Teri Ronning 2. Reappoint Jeff Holm Traffic Safety Committee Number of positions:4 Term Length:3 years Residency Requirement:The majority of the members shall be residents of the city. The Traffic Safety Committee will develop and implement coordinated traffic safety programs that meet local needs; acting in an advisory capacity to the City Manager, City Engineer and the City Council as a whole in the coordination of traffic safety activities of the official agencies and departments of the City of Brookings; establishing safety priorities for the City; reviewing and approving project applications for funding; serving in a liaison capacity between the City of Brookings and the South Dakota Highway Safety Program in developing the State Highway Safety Program and in meeting the National Highway Safety Program Standards; promoting public acceptance of official programs proposed or instigated by the City; fostering public knowledge and support of traffic law enforcement and traffic engineering problems; cooperating with city schools in promoting educational traffic safety aids; educating the public in traffic safety; and generally aiding the overall reduction of traffic accidents, injuries and deaths on the city streets. Mayor’s Recommendation: 1. Reappoint Tony Sonnenberg 2. Reappoint Brian Lueders 3. Reappoint John Howard 4. Appoint Kacie Richard Recommendation: Staff recommends approval. City of Brookings Printed on 12/12/2016Page 5 of 5 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2016-0788,Version:1 Action to cancel the December 20 City Council Meeting. Summary: The special City Council meeting scheduled for December 20, 2016 is being cancelled. State Law requires official Council action to schedule or cancel a meeting. City of Brookings Printed on 12/7/2016Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 16-096,Version:1 Action on Resolution 16-096, a Resolution Rejecting Bids for 2017-2018 City of Brookings Custodial Services. Summary: This resolution will reject all bids for the 2017-2018 City of Brookings Custodial Services for the Research & Technology Center, Public Library, and Public Safety Center. Background: The contracts for the custodial services for the Public Safety Center, Public Library, and Research and Technology Center will expire on December 31, 2016. The custodial services for these buildings were bid at the same time, and each building would have their own cleaning contract for the services. The City opened bids at 1:30 PM on Tuesday, November 15, 2016, and the City received the following bids: Johnson Pro Clean 506 Ashley Ave Volga, SD 57071 605-627-9462 J&T Cleaning 721 5th Street Brookings, SD 57006 605-651-5939 Supreme Pro Clean LLC 105 New York St Rapid City, SD 57704 605-699- 1901 Marsden Blg Maint LLC 101 S Reid St Suite 336, Sioux Falls, SD 57103 605- 370-0365 In & Out Cleaning 208 Cornell Ave Elkton, SD 57026 605-350-0248 Addend um (Y/N) N/A N/A N/A N/A N/A Library $1,000.00 $1,800.00 $3,688.21 $3,389.88 $3,000.00 Public Safety Center $1,000.00 $1,500.00 $2,238.68 $2,644.70 $3,500.00 R&T Center $500.00 $595.00 $698.28 $810.90 $4,000.00 City staff discussed the bid prices and is recommending to reject all of the custodial bids. Staff determined there would be a substantial cost savings by hiring 2 part- time employees to perform the custodial services for the three City buildings instead of entering into a contract with a cleaning company. The custodial staff will be supervised by the Building Services Administrator, who will have oversight of the custodial work. Fiscal Impact: The City will reject all of the custodial bids. Recommendation: Staff recommends approval. City of Brookings Printed on 12/7/2016Page 1 of 2 powered by Legistar™ File #:RES 16-096,Version:1 Attachments: Resolution City of Brookings Printed on 12/7/2016Page 2 of 2 powered by Legistar™ Resolution 16-096 Resolution Rejecting Bids on 2017-2018 City of Brookings Custodial Services Whereas, the City of Brookings opened bids for the 2017-2018 City of Brookings Custodial Services on Tuesday, November 15, 2016 at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for the 2017-2018 City of Brookings Custodial Services: Johnson Pro Clean: Library - $1,000.00, Public Safety Center - $1,000.00, R & T Center - $500.00; J & T Cleaning: Library - $1,800.00, Public Safety Center - $1,500.00, R & T Center - $595.00; Supreme Pro Clean LLC: Library - $3,688.21, Public Safety Center - $2,238.68, R & T Center - $698.28; Marsden Building Maintenance LLC: Library - $3,389.88, Public Safety Center - $2,644.70, R & T Center - $810.90; In & Out Cleaning: Library - $3,000.00, Public Safety Center - $3,500.00, R & T Center - $4,000.00. Now, Therefore, Be It Resolved that all bids for 2017-2018 City of Brookings Custodial Services be rejected. Passed and approved this 13th day of December, 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 #:RES 16-102,Version:1 Action on Resolution 16-102, a Resolution awarding a contract for the purchase of fifteen (15) mobile digital / analog two-way radios and twenty-two (22) hand-held portable digital / analog two-way radios and specified accessories. Summary: On December 6, 2016 a bid opening was held for the purchase of fifteen (15) mobile digital / analog two-way radios and twenty-two (22) hand-held portable digital / analog two-way radios and specified accessories. Background: In the aftermath of the deadly Spencer tornado, the State of South Dakota completed a build out of a new state-wide digital radio network to promote interagency communication. Part of the project was to issue analog / digital radios to emergency response agencies state-wide. The Fire Department is still utilizing these radios, which have become obsolete and no longer supported by the manufacturer. This project will replace this obsolete technology and incorporate the newest technology to ensure compatibility and interoperable communication well into the future. The 2016 CIP budget included $70,000.00 for radio replacement and the 2017 CIP budget includes $70,000.00 for a total project budget of $140,000.00. The vendor agrees to provide the specified equipment to meet this schedule. Staff recommends awarding the bid to Vantek Communications at the bid price of $106,861.84. Vantek Communications was the only bidder. Fiscal Impact: 2016 CIP budget for the replacement of radios = $70,000 2017 CIP budget for the replacement of radios =$70,000 Total = $140,000 2016 Radio replacement Bid Price = $106,861.84 Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 12/9/2016Page 1 of 1 powered by Legistar™ Resolution 16-102 Resolution Awarding a Contract for the purchase of 15 Mobile Digital / Analog Two-way Radios and 22 Hand-Held Portable Digital / Analog Two-way Radio and Specified Accessories Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, December 6, 2016; and Whereas, the City of Brookings has received the following bid for 15 Mobile Digital / Analog Two-way Radios and 22 Hand-Held Portable Digital / Analog Two-way Radio and Specified Accessories: Company Bid Amount Vantek Communications $107,861.84 The Parks capital budget for the purchase of 15 Mobile Digital / Analog Two-way Radios and 22 Hand-Held Portable Digital/Analog Two-way Radio and Specified Accessories expenditure is $140,000.00. Now Therefore, Be It Resolved that the bid from Vantek Communications in the amount of $140,000.00 be accepted. Passed and approved this 13th day of December, 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 #:RES 16-104,Version:1 Action on Resolution 16-104, a Resolution to purchase Two (2) New 2017 Chevrolet Silverado ¾ Ton 4x4 Extended Cab Short Box for the Parks, Recreation & Forestry Dept. (Parks). Summary: Council approval is requested for the purchase of two extended cab 4x4 pickups which is in the 2017 CIP. Multiple bids were solicited through the state contracting service and the low bid was received from Beck Motors, Inc. Fiscal Impact: Purchase price of the vehicles is $59,106.00. Budgeted CIP amount was $60,000. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 12/7/2016Page 1 of 1 powered by Legistar™ Resolution 16-104 Resolution to Purchase Two New 2017 Chevrolet Silverado ¾ Ton 4x4 Extended Cab Short Box Trucks for the Parks, Recreation & Forestry Dept. (Parks) Whereas, the City of Brookings has sought and received the following quote for two new 2017 Chevrolet Silverado ¾ Ton 4x4 extended cab short box trucks from the Beck Motors, Inc. State Bid Contract #16992 item 15. Delivery and payment to be made after January 1, 2017. Company State Bid Amount Beck Motors, Inc.$29,553.00 x two = $59,106.00 Now Therefore, Be It Resolved that the contract from Beck Motors, Inc. in the amount of $59,106.00 be accepted. The capital budget for this expenditure is $60,000.00. Passed and approved this 13th day of December, 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 #:RES 16-106,Version:1 Action on Resolution 16-106, a Resolution authorizing Change Order No. 1 (Final), 2016-08STI, Street Maintenance and Overlay Project; Bowes Construction, Inc. Summary: This resolution will approve Change Order No. 1, Final for the 2016-08STI, Street Maintenance and Overlay Project, for an increase of $64,389.05 to the contract to close out the project. Background: This project is the Annual Street Maintenance Project, which included asphalt milling, digouts and overlays on various streets in Brookings in need of repair. The streets which were repaired are: ·3rd Street between 5th Avenue and Medary Avenue: asphalt overlay ·8th Street South between Onaka Trail and Main Avenue South: asphalt overlay ·Summit Pass from Powderhorn Pass to the east approximately 500 feet: asphalt overlay ·Western Avenue, north of Summit Pass: new 13-foot-wide concrete valley gutter ·Heritage Drive between 7th Street South and 8th Street South: extra digouts were performed on this street ·David Cove, north of Martin Boulevard: Drain tile and asphalt patching ·Bike Trail from Sunrise Ridge Road, along I-29, and south of the railroad tracks: asphalt overlay and shallow concrete drainage structure east of the 3M property ·Soccer Complex Parking Lot: asphalt repair ·East Fire Station: asphalt overlay ·Additional street: Elm Avenue from 5th Street South to Orchard Drive: asphalt overlay ·Additional street: 2nd Street from 6th Avenue to 7th Avenue: digouts and asphalt overlay The two streets were added due to advanced deterioration but were not anticipated almost a year ago when the rest of the list was developed, so staff determined it was important to correct them. Since the original bid was below our budgeted amount in the Street Department budget for these types of improvements, we could still add these two streets and remain within the original budget. This change order will adjust contract quantities to as-constructed quantities and for additional work for a total increase of $64,389.05 to close out the project. The increase is approximately 16% higher than the bid amount, however, the change order is authorized under SDCL 5-18B-19 since the contract contained unit prices for the same type or class of work. The project deadline was October 21, 2016, which was exceeded by 12 working days due to the additional streets being added to the project at the City’s request (see attached letter from contractor). This change order will extend the contract substantial completion date by 12 working days. Original Contract Price:$390,036.50 Increase from Previously Approved Change Orders:$0.00 City of Brookings Printed on 12/7/2016Page 1 of 2 powered by Legistar™ File #:RES 16-106,Version:1 Contract Price Prior to this Change Order:$390,036.50 Increase of this Change Order (No. 1 Final):$64,389.05 Contract Price incorporating this Change Order:$454,425.55 Fiscal Impact: There will be an increase of $64,389.05 to the contract, and the increase is within the budgeted amount for this project. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 12/7/2016Page 2 of 2 powered by Legistar™ Resolution 16-106 Resolution authorizing Change Order No. 1, Final, for 2016-08STI Street Maintenance and Overlay Project, Bowes Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for 2016- 08STI, Street Maintenance and Overlay Project: Construction Change Order Number 1 (Final): Adjust plan quantities to as- constructed quantities and for additional work for a total increase of $64,389.05 and extend the contract substantial completion date by 12 working days to the contract to close out the project. Passed and approved this 13th day of December, 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 #:RES 16-107,Version:1 Action on Resolution 16-107, a Resolution authorizing Change Order No. 1 for 2016-09STI, LeFevre Drive Storm Sewer Project; Timmons Construction, Inc. Summary: This resolution will approve Change Order No. 1 for 2016-09STI, LeFevre Drive Storm Sewer Project, for an increase of $7,700.00 to the contract. Background: This project is located on LeFevre Drive from the south side of 6th Street to the intersection of the LeFevre Drive cul-de-sac and was designed by the City Engineering staff. The project includes new storm sewer pipes and inlets, concrete pavement, striping, erosion control and miscellaneous items. This project is being constructed in advance of the 6th Street Reconstruction Project to allow for storm sewer improvements and wider intersection pavement for truck traffic turning movements. This Change Order will adjust contract quantities for the addition of one 4.5’ x 10’ Sioux Falls type drop inlet, upcharge on the modification of an inlet and the reduction of one 11’ x 4’ Type S drop inlet for a total increase of $7,700.00 to the contract. The existing underground utility locations caused the inlet locations and sizes to be changed to avoid the utilities. The contract for this project was approximately $100,000 less than the amount that was budgeted in the Street Department fund and the fund will be able to cover this change order amount. The summary is as follows: Original Contract Price:$271,765.50 Increase from Previously Approved Change Orders:$0.00 Contract Price Prior to this Change Order:$271,765.50 Increase of this Change Order (No. 1):$7,700.00 Contract Price incorporating this Change Order:$279,465.50 Fiscal Impact: There will be an increase of $7,700.00 to the contract which will be paid for from the existing funds budgeted for the project. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 12/7/2016Page 1 of 1 powered by Legistar™ Resolution 16-107 Resolution authorizing Change Order No. 1 for 2016-09STI LeFevre Drive Storm Sewer Project, Timmons Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for 2016- 09STI, LeFevre Drive Storm Sewer Project: Construction Change Order Number 1: Adjust plan quantities for storm sewer work to add one 4.5’ x 10’ Sioux Falls Drop Inlet, reduce the quantity of one 11’x4’ Type S Drop Inlet, and to modify one 4’x4’ Type B Drop Inlet for a total increase of $7,700.00 to the contract. Passed and approved this 13th day of December, 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 #:RES 16-108,Version:1 Action on Resolution 16-108, a Resolution authorizing the Mayor to Sign Agreements for Project P- PH 0014(177)421 PCN 546N and IM 0295(40)132 PCN 04TW, US Highway 14 Project from 20th Avenue to 34th Avenue. Summary: This resolution will authorize the Mayor to sign the “Maintenance Agreement and Jurisdiction Transfer between the State of South Dakota and Brookings, South Dakota” and the “State of South Dakota Joint Powers Maintenance and Encroachment Agreement between the Department of Transportation, City of Brookings and Brookings Municipal Utilities Board.” Both documents are for Project P 0014 (177)421 PCN 546N and IM 0295(40)132 PCN 04TW, US Highway 14 Project from 20th Avenue to 34 th Avenue. Background: The State of South Dakota Department of Transportation (SDDOT), is designing US Highway 14 from 20th Avenue to east of 34th Avenue. The SDDOT has prepared a “State of South Dakota Joint Powers Maintenance and Encroachment Agreement between Department of Transportation, City of Brookings and Brookings Municipal Utilities Board,” which is attached. The agreement includes upcharge costs to be paid by the City for work the City requested, which are: $190,818.00 for extra work for a ¾ median on 6th Street at the intersection of LeFevre Drive resulting from the Traffic Study for Brookings Marketplace, $370,777.00 for the decorative lighting upcharge, $110,783.68 for the upcharge of drain tile, sand and topsoil in the medians for the City’s landscaping plan, $103,000.00 for the bridge railing upcharge and $7,200.00 for the cost of extra footings for the decorative lighting with banner poles. The State will also reimburse the City for the reduction in median pavement and gravel due to the median landscaping, up to a maximum amount of $169,086.00. The details of the financial responsibilities are outlined in the agreement. The SDDOT has also prepared a “Maintenance Agreement and Jurisdiction Transfer between State of South Dakota and Brookings, South Dakota.” This agreement outlines the parcels which will be transferred to the City, and will need to be maintained by the City. The parcels include the service roads on the north and south sides of 6th Street. The SDDOT is finalizing agreements with property owners, and the attached maintenance agreement is in draft form at this time. This resolution will authorize the Mayor to sign the agreements for the project. Fiscal Impact: The City will be responsible for the participating costs that are outlined in the agreement. Recommendation: Staff recommends approval. City of Brookings Printed on 12/7/2016Page 1 of 2 powered by Legistar™ File #:RES 16-108,Version:1 Attachments: Resolution Maintenance and Encroachment Agreement Draft Maintenance Agreement and Jurisdiction Transfer City of Brookings Printed on 12/7/2016Page 2 of 2 powered by Legistar™ Resolution 16-108 A Resolution authorizing the Mayor to Sign Agreements for Project P-PH 0014(177)421 PCN 546N and IM 0295(40)132 PCN 04TW 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 City of Brookings desires the State of South Dakota Department of Transportation to negotiate and acquire property for highway purposes for construction of Project P-PH 0014(177)421 PCN 546N and IM 0295(40)132 PCN 04TW; and Whereas, the City of Brookings desires the State of South Dakota Department of Transportation to install improvements for grading, lighting, landscaping, bridge railing and other related work and is in agreement with the provisions outlined in the agreements; and Whereas, the City of Brookings is obligated and hereby agrees to the provisions outlined in the “State of South Dakota Joint Powers Maintenance and Encroachment Agreement Between Department of Transportation, City of Brookings, and Brookings Municipal Utilities Board” and “Maintenance Agreement and Jurisdiction Transfer Between State of South Dakota and Brookings, South Dakota.” Now, Therefore, Be It Resolved that the Mayor of the City of Brookings is authorized to sign the “State of South Dakota Joint Powers Maintenance and Encroachment Agreement Between Department of Transportation, City of Brookings, and Brookings Municipal Utilities Board” and “Maintenance Agreement and Jurisdiction Transfer Between State of South Dakota and Brookings, South Dakota” and other related documents for Project P-PH 0014(177)421 PCN 546N and IM 0295(40)132 PCN 04TW, US Highway 14 Project, Brookings, SD. Dated this 13th day of December, 2016. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk DOT-948 (11/2013 Page 1 of 6 DOT Legal: _______ STATE OF SOUTH DAKOTA JOINT POWERS MAINTENANCE AND ENCROACHMENT AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION, CITY OF BROOKINGS, AND BROOKINGS MUNICIPAL UTILITIES BOARD This Agreement is made by and among the State of South Dakota, acting by and through its Department of Transportation, referred to in this Agreement as the “STATE”; and the city of Brookings, South Dakota, referred to in this Agreement as the “CITY”; and the city of Brookings, South Dakota, acting by and through its Brookings Municipal Utilities Board, referred to in this Agreement as “BMU.” The parties acknowledge and agree the CITY’S population is deemed to be 22,591 for purposes of this Agreement. 1. JOINT POWERS This Agreement does not establish a separate legal entity, as contemplated by SDCL 1-24-5. The cooperative undertaking described in this Agreement will be financed and conducted under the provisions of this Agreement by the CITY, BMU, and the STATE. Each party has responsibilities under the terms of this Agreement and no joint board or administrator will be used. No real property will be purchased for use for this Agreement. 2. STATE PROJECT The STATE and the CITY concur in the proposal for the new construction or improvement of streets identified by South Dakota Federal Aid Construction Project Numbers: A. P-PH 0014(177)421 PCN 546N, located on United States Highway 14 (US14), from west of 22nd Avenue in Brookings, east to east of 34th Avenue, and consists of grading, PCC Paving, lighting, and signals; and B. IM 0295(40)132 PCN 04TW, located on Interstate 29 (I29), Exit 132 in Brookings, and consists of grading, structure, PCC Paving, lighting, and signals. Project numbers P-PH 0014(177)421 PCN 546N and IM 0295(40)132 PCN 04TW are collectively referred to in this Agreement as the “STATE PROJECT.” This Agreement is made in conjunction with the “Maintenance Agreement and Jurisdiction Transfer Between State of South Dakota and Brookings, South Dakota,” also executed by the STATE and the CITY. 3. CONTRACT PROCUREMENT A. The STATE will design, advertise, let to contract, award, and be the contracting party for the STATE PROJECT. B. The CITY will reimburse the STATE for the changes to the design of the STATE PROJECT as a result of the traffic study completed by the CITY in 2014. The lump sum reimbursement is One Hundred Ninety Thousand Eight Hundred Eighteen Dollars ($190,818.00). C. The CITY will pay the STATE within thirty (30) days of receipt of billings from the STATE. DOT-948 (11/2013 Page 2 of 6 DOT Legal: _______ 4. DECORATIVE LIGHTING A. As part of the STATE PROJECT and as requested by the CITY, the STATE will install decorative lighting in lieu of the STATE’S standard lighting along US14 from approximate Station 47+00 to Station 104+50. The CITY will reimburse the STATE a lump sum amount for the difference between the estimated cost of installing standard lighting and the estimated cost of installing the decorative lighting requested by the CITY. The CITY’S lump sum reimbursement to the STATE is Three Hundred Seventy Thousand Seven Hundred Seventy-seven Dollars ($370,777.00). The CITY will pay the STATE within thirty (30) days of receipt of billings from the STATE. 5. STATE RESPONSIBILITIES A. As part of the STATE PROJECT, the STATE will construct a median located on US14 (6th Street), from 22nd Avenue to 34th Avenue. The STATE will, at the request of the CITY, install colored concrete on all medians constructed as part of the STATE PROJECT, the color used will match the color that was used on Project P-PH 0014(172)418 PCN 01TJ. The CITY will be responsible for all maintenance, repairs, or replacement of any damage to the concrete median. B. The STATE will install concrete splash guards in areas where median pavement will be left out to allow for future landscaping. C. The STATE will reimburse the CITY for the reduction in median pavement/gravel due to median landscaping up to a maximum amount, not to exceed One Hundred Sixty-nine Thousand Eighty- six Dollars ($169,086.00). D. The CITY’S plan set for Section H (Median Soil and Landscaping) of the STATE PROJECT plan sheets will be included with STATE PROJECT number P-PH 0014(177)421 PCN 546N. The plans will include drain pipe, base sand, and topsoil. The CITY will reimburse the STATE for the cost of Section H, which is estimated at One Hundred Ten Thousand Seven Hundred Eight-three Dollars and Sixty-eight Cents ($110,783.68). Actual cost will be based upon bids and final quantities. E. The STATE’S plan set for Section F of the STATE PROJECT plan sheets will include a two (2’) foot splash guard pavement. F. As part of the STATE PROJECT and as requested by the CITY, the STATE will upgrade the bridge railing in lieu of the STATE’S standard bridge railing on US14 at I29 Exit (Structure #06-185- 159). The CITY will reimburse the STATE a lump sum for the difference between the estimated cost of installing standard bridge railing and the estimated cost of installing upgraded bridge railing requested by the CITY. The CITY’S lump sum reimbursement to the STATE will be One Hundred Three Thousand Dollars ($103,000.00). G. The STATE will be responsible for purchasing certain right-of-way parcels for the STATE PROJECT in the CITY’S name. The parcels to be purchased will be addressed in a separate Right-of-Way Agreement. 6. CITY RESPONSIBILITIES A. The STATE will allow the CITY to attach banners, signs, or other appurtenances to the luminary poles on the STATE PROJECT. The maximum size banner that will be allowed by the STATE is eighteen inches (18”) wide and thirty-six inches (36”) high. The top of the banner will not be located more than fifteen feet (15’) above the base of the luminary pole. B. The CITY will reimburse the STATE the added cost for the extra footings for the luminaries to accommodate the banners requested by the CITY. The CITY’S lump sum reimbursement to the DOT-948 (11/2013 Page 3 of 6 DOT Legal: _______ STATE will be Seven Thousand Two Hundred Dollars ($7,200.00). The CITY will pay the STATE within thirty (30) days of receipt of billings from the STATE. C. If the CITY landscapes in the future, the CITY will provide maintenance of median landscaping including, but not limited to, shrub/tree pruning, shrub/tree replacement, mowing, irrigation, and sprinkler repair/replacement. The CITY will repair/replace any damage to the concrete median including concrete slab and curb as a result of landscaping, such as root heaving. Should the CITY elect to discontinue maintenance of any landscaping area within the median, the CITY will replace the landscaping with colored concrete. 7. BMU RESPONSIBILITY BMU will reimburse the STATE the added cost for removing and replacing curb and gutter and surfacing on 25th Avenue and 34th Avenue in association with utility installations located beyond the construction limits of the STATE PROJECT. BMU’S lump sum reimbursement to the STATE will be Fifteen Thousand Seven Hundred Thirty-three Dollars ($15,733.00). BMU will pay the STATE within thirty (30) days of receipt of billing from the STATE. 8. COMBINATION LETTING A. The STATE will let BMU’S utility and water project in combination with the STATE PROJECT. BMU’S project, referred to in this Agreement as the “BMU PROJECT,” is located on US14, from west of 22nd Avenue in Brookings, east to 34th Avenue, and is designated as BMU Project Number WW 1601 PCN X03N. B. BMU will provide the STATE with all plans, specifications, contract provisions, and cost estimates for the BMU PROJECT. Each bidder will be required to submit separate bids covering the BMU PROJECT and the STATE PROJECT. Award of the contract will be to the one bidder based on the total combination bid for the two projects. The lowest responsible bid on the STATE PROJECT will be the basis for determining STATE and federal funds participation. C. If the total low combination bid for the BMU PROJECT and the STATE PROJECT does not have, as part of that bid, the lowest bid on the STATE PROJECT, BMU will pay to the STATE the difference between that portion of the successful combination bid attributable to the STATE PROJECT and the lowest bid on the STATE PROJECT. BMU will pay the STATE within thirty (30) days of receipt of billing from the STATE. D. The STATE will award the contracts for the STATE PROJECT and BMU PROJECT; however, BMU will be the contracting party for the BMU PROJECT. BMU will make all payments under the contract for the BMU PROJECT directly to the contractor. BMU’S estimated cost for the BMU PROJECT is Eight Hundred Eight Thousand Dollars ($808,000.00). Actual cost will be based upon bids and final quantities. E. BMU will provide all construction engineering for the BMU PROJECT, including all construction supervision and inspection, physical testing, measuring in-place quantities, and documenting locations for as-built records, including as set forth in Section .8.F., for purposes of final acceptance by the STATE. F. BMU will provide inspection of the trench backfill, conduct trench compaction testing and conduct moisture and density testing for the BMU PROJECT. Testing will be done in accordance with the South Dakota Department of Transportation Materials Manual and Specifications. BMU will provide the STATE with a copy of each test report for the BMU PROJECT. The STATE will conduct independent assurance testing to verify results are within established tolerances. 9. RESPONSIBILITY FOR MAINTENANCE, POLICING ENCROACHMENTS, AND OTHER ACTIVITIES DOT-948 (11/2013 Page 4 of 6 DOT Legal: _______ The CITY is responsible for policing encroachments, performing maintenance and repair activities, limiting access, enforcing parking prohibitions, and servicing lighting systems along the STATE PROJECT in accordance with the terms of the “Maintenance and Encroachment Agreement,” executed on January 19, 2010, and assigned Agreement Number 713995 by the STATE, and any amendments to that agreement entered into by the parties now or in the future. 10. SIGNALS If a signal system is installed on any portion of the STATE PROJECT that is also within the CITY’S municipal boundaries, such signal system will be subject to the terms of a separate agreement between the parties entitled “Maintenance Agreement Between a Local Government Authority and the State of South Dakota for Traffic Signals on State Highway System.” Signal Agreement was signed by representatives of each party on December 28, 2010, and assigned agreement number 613522 by the STATE. 11. AMENDMENT This Agreement may not be amended, except in writing, which writing will be expressly identified as a part of this Agreement, and must be signed by an authorized representative of each of the parties. 12. CERTIFICATION REGARDING LOBBYING The CITY certifies, to the best of the CITY’S knowledge and belief, that no Federal appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any of the above mentioned parties, the CITY will complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. The CITY will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients will certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. 13. EMPLOYEE STATUS Any officer, employee, or agent engaged in joint action under this Agreement will remain an employee with his or her agency during participation in joint action under this Agreement. Each agency will retain exclusive responsibility for its officers, agents, and employees while these officers, agents, and employees are engaged in joint action under this Agreement, including but not limited to responsibility for regular and overtime wages and salaries, unemployment benefits, workers’ compensation coverage, health insurance, or other benefits, and liability coverage and indemnity, except as otherwise specifically provided in this Agreement. 14. The CITY has designated its Mayor as the CITY’S authorized representative and has empowered the Mayor with the authority to sign this Agreement on behalf of the CITY. A copy of the CITY’S DOT-948 (11/2013 Page 5 of 6 DOT Legal: _______ Commission minutes or resolution authorizing the execution of this Agreement by the Mayor as the CITY’S authorized representative is attached to this Agreement as Exhibit A. 15. BMU has designated its Board President as the BMU’S authorized representative and has empowered the Board President with the authority to sign this Agreement on behalf of BMU. A copy of the BMU’S minutes or resolution authorizing the execution of this Agreement by the Board President as the BMU’S authorized representative is attached to this Agreement as Exhibit B. By signature of their representatives below, each party certifies that approval of this Agreement by ordinance, resolution, or other appropriate means has been obtained by that party’s governing body or officer pursuant to SDCL § 1-24-3 and § 1-24-6. State of South Dakota City of Brookings, South Dakota Department of Transportation By: By: Its: Mayor Its: Secretary Date: Date: Attest: Approved as to Form: City Auditor/Clerk Special Assistant Attorney General (CITY SEAL) City of Brookings, South Dakota Brookings Municipal Utility Board By: Its: Board President Date: Attest: Secretary DOT-948 (11/2013 Page 6 of 6 DOT Legal: _______ 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 16-109,Version:1 Action on Resolution 16-109, a Resolution awarding the contract to purchase one Long Bed Truck Chassis with Raise-able Dump capability for Brookings Parks, Recreation and Forestry Department. Summary: On December 6, 2016, a bid opening was held for One Long Bed Truck Chassis with Raise-able Dump capability which is in the 2017 CIP for Brookings Parks, Recreation and Forestry Department. One bid was received: North Central International of Sioux Falls, Inc. in the amount of $67,321.35. The department utilizes a long bed dump truck for hauling a variety of debris material for the Forestry Division, including tree branches, tree trunks, wood chips and dirt. This new truck will replace one 1992 Ford long bed dump truck. The dump box for the truck will be purchased separately from the long bed truck chassis. The Parks Dept. capital budget for the Long Bed Truck Chassis and the Dump Box expenditure is $105,000. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 12/7/2016Page 1 of 1 powered by Legistar™ Resolution 16-109 Resolution Awarding the Contract for the purchase of One Long Bed Truck Chassis with Raise-able Dump Capability for Brookings Parks, Recreation and Forestry Dept. Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, December 6, 2016; and Whereas, the City of Brookings has received the following bids: Company Schedule 1 Bid Price North Central International of Sioux Falls, Inc.(Long Bed Truck Chassis) Base Price: $65,576.35 Options:$1,745.00 Total Price: $67,321.35 The 2017 Parks Dept. capital budget for this expenditure is $105,000.00. This amount includes expenditures for the long bed truck chassis and a separately purchased dump box. Now Therefore, Be It Resolved that the bid from North Central International of Sioux Falls, Inc. in the amount of $67,321.35 be accepted. Passed and approved this 13th day of December, 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 #:RES 16-105,Version:1 Action on Resolution 16-105, a Resolution adopting a Development Agreement between the City of Brookings and Bender Companies for the Brookings Marketplace property. Summary: The attached resolution would approve the Comprehensive Master Development Agreement between the City of Brookings and Bender Companies as the Council’s selected developer for the overall development of Brookings Marketplace property (a.k.a. DOT property). The Agreement is tantamount to a public-private partnership that provides for the gradual and incremental transfer/sale of the property to the private sector for commercial, retail, and related types of development. The Developer is obligated to undertake development of the project with incremental sales. The document provides for the sale of the property in phases as market demand dictates which will likely require several, subsequent sales of separate parcels at separate times. All total, the City will recover the initial investment of $1.6 million and have the opportunity to share with Bender in any net sales profits that results beyond this amount. Sales of parcels will not occur unless and until development prospects are imminent. Bender will be afforded a “Due Diligence” period initially to assess the feasibility of development and business markets. Since parcels will be sold separately it is likely additional, supplemental development agreements specifically related to individual parcels may be necessary. Bender will be responsible for all infrastructure installation and related construction costs subject to City approval. The City will provide Tax Increment Finance (TIF) to Bender to cover construction- related costs. However, it will be a pay-as-you-go TIF, meaning Bender must finance all costs initially and be reimbursed over time with increment. The City’s TIF Policy, subdivision regulations, zoning, and all other requirements will be followed in every regard. Bender will be responsible for all marketing, recruitment, construction, lease-up, and subsequent sale of land, if necessary to eventual end-users; and may enter into secondary agreements with other parties to do so. Background: The following is a brief description of the salient sections of the document: SECTION 1: Legally describes the property subject to this agreement and describes the statutorily- authorized process to sell city property through the Brookings Economic Development Corporation. SECTION 2: Provides a first-right-of-refusal to the Developer of the Research and Technology Center property under separate terms and conditions of a sale at some point in the future. Parcel to be transferred in the same manner. City of Brookings Printed on 12/7/2016Page 1 of 4 powered by Legistar™ File #:RES 16-105,Version:1 SECTION 3: Provides an aggregate payment for the property of not less than $1.6 million, recognizing the property may be sold over time as subdivided parcels. This price does not include the Research and Technology Center. Payments would be made to the City commensurate with each parcel sale but must be paid in full by 12-31-2023. SECTION 4: Establishes a Due Diligence Period whereby the Developer undertakes a feasibility analysis to be concluded by December 31, 2018 unless amended for a later date. SECTIONS 5,6: Recognizes the property will most likely be developed in phases over time and that additional, supplemental agreements specific to each phase may be necessary. SECTION 7: Describes a proposed development schedule. SECTION 8: Describes requirements necessary for closing of each subdivided parcel. SECTION 9: States the City will authorize the certification of a Tax Increment District and the existing TIF Policy and Procedures must be followed, and that a duly-adopted TIF plan will prescribe the authorized terms and conditions of the district. The TIF is a pay-as-you-go format, meaning the Developer must advance all construction costs and be reimbursed by increment over time as increment is generated. The City will not advance any construction costs. Also prescribes the Developer and subsequent owners waive their right to the discretionary property tax formula. Also prescribes City obligations under the TIF plan are null and void in the event of a successful passage of a referral. SECTOINS 10,11: Describes the specific development obligations of both parties including the Developer’s obligation to pay for improvements. SECTIONS 12,13: Provides for annual performance reviews at a minimum of project progress and describes specific rights and mutual understandings of the project. Provides for opportunities to remedy a default when one develops and limitations on legal actions. SECTION 14: In the event the project defaults, the property will revert to the City if the property is not in forfeiture to a commercial lender. In the event it is in forfeiture to a commercial lender, the parties will pursue other options either for the City to re-acquire the property, or otherwise develop a plan for its eventual development. In the event of default, Developer will provide to the City all plans previously paid for by the Developer so the City may seek other means of project completion. SECTION 15: Provides compensation by the City to the Developer of $140,000 commensurate with performance milestones for development fees. City will recover such fees from increment which will be stipulated in the TIF plan. Eligible development fees incurred by the Developer may also be eligible from increment reimbursement pursuant to the TIF plan. SECTION 16: Re-states the minimum purchase price of the property at $1.6 million in aggregate, or $1.41 per square foot for gross land area. Provides for a cost-share increase in this sale price of net sales proceeds if Developer sells parcels above this minimum amount at 80 percent for Developer and 20 percent for City. SECTIONS 17,18,19: Prescribes the responsibilities for plan and specification development and City of Brookings Printed on 12/7/2016Page 2 of 4 powered by Legistar™ File #:RES 16-105,Version:1 costs of all infrastructure will be with the Developer and that usual and customary development standards and approvals will be adhered to. Requires compliance by the Developer of all subdivision regulations, zoning conditions, and other applicable laws and ordinances. Encourages Developer to utilize local trades, vendors, and contractors to the greatest extent possible. SECTION 20: Standard indemnification language. SECTION 21: Standard insurance language. SECTION 22: Standard good faith / mutual cooperation language. SECTION 23: Standard contingency language; provides additional contingency provides for termination in the event of approval of a referral vote of this agreement. SECTION 24: Standard assignment language. SECTION 25: Prescribes terms and conditions of this agreement constitute covenants that run with the property regardless of successors or assigns. SECTION 26: Allows Developers to post advertising signage on property. SECTION 27: Standard language pertaining to amendments to the agreement. SECTOIN 28: Authorizes access to an existing City economic development incentive plan for subsequent businesses pursuant to the terms and conditions of that program. SECTION 29: Recognizes some future businesses located on the property may apply for liquor licenses and that such application process must follow standard practices. SECTION 30: Developer is responsible for any surveys needed. SECTION 31: Acknowledges certain warranties of information from the City to the Developer. SECTION 32: Prescribes cost allocation of closing and transaction costs between the parties; standard language. SECTION 33: Describes the terms and conditions by which the agreement is terminated. They are by mutual consent of the parties at any time for any reason or the determination the project will not proceed based on the feasibility results. If neither of these two conditions exist, there are four additional conditions which all must be satisfied before the project can be closed and the agreement deemed terminated. SECTION 34: Developer must provide financial information to the City demonstrating financial wherewithal to undertake the project and fulfill obligations of this agreement. SECTION 35: Standard language for notifications. SECTION 36: Provides for the effective date as the execution of the document and publication City of Brookings Printed on 12/7/2016Page 3 of 4 powered by Legistar™ File #:RES 16-105,Version:1 requirements of State law but shall last no longer than 20 years which is the legal duration of Tax Increment Districts. SECTIONS 37, 38, 39: Standard language. Fiscal Impact: ·Initial payment of $140,000 for feasibility services; to be recovered with increment. ·Recovery of $1.6 million purchase price with subsequent sale of property. ·Additional revenue potentially realized with profit-sharing of net sales proceeds. ·Future property and sales tax revenue generated from the project. Recommendation: Staff recommends approval. Attachments: Resolution Development Agreement City of Brookings Printed on 12/7/2016Page 4 of 4 powered by Legistar™ Resolution 16-105 A Resolution Approving a Development Agreement between the City of Brookings and Bender Companies, Inc. for the Development of the Brookings Marketplace Property Whereas, the City of Brookings purchased approximately 26 acres of property from the State of South Dakota located at the northeast quadrant of I-29 and Highway 14 in 2014 (Brookings Marketplace) for purposes of siting additional retail and other commercial development; and Whereas, one of the major tenets of the City of Brookings comprehensive economic development policy is to promote, expand, recruit, and develop more retail businesses in order to provide more retail options for residents and visitors, increase the local sales tax revenue by expanding the tax base, and provide more in-town shopping through more local retail venues; and Whereas, the City of Brookings wishes to develop a public-private partnership with a private development company to oversee the construction, marketing, recruitment, build-out, and overall development of the property; and Whereas, the City of Brookings selected Bender Companies, Inc. through a competitive process as the preferred developer for the partnership. Now, Therefore Be It Resolved by the City Council of the City of Brookings, South Dakota that a development agreement by and between the City of Brookings and Bender Companies, Inc. be approved, along with the terms and conditions included thereto, for the comprehensive development of the Brookings Marketplace property. Adopted this 13 th day of December, 2016. CITY OF BROOKINGS _____________________ Tim Reed, Mayor ATTEST: __________________________ Shari Thornes, City Clerk 1 DEVELOPMENT AGREEMENT Brookings Marketplace Property This Agreement, dated _______________, 2016, is entered into between the City of Brookings, a South Dakota municipal corporation (CITY); and Brookings Marketplace, LLC, a South Dakota limited liability company. This Agreement refers to the City and the Developer collectively as the “Parties” and singularly as the “Party”. RECITALS WHEREAS, City is the owner of the following real property located within the City of Brookings: A) Block 9 Wiese Addition (former DOT property; 26 acres +/-) Hereinafter sometimes referred to as the “subject parcel” or “Project” or “the Property”. B) Block 3 Wiese Addition (Research & Technology Center; 5 acres +/-) and WHEREAS, in order to strengthen the public planning process and to encourage private participation in comprehensive planning, the City has solicited proposals for development of the subject parcel and has selected Developer to develop the subject parcel pursuant to this Development Agreement; and WHEREAS, Developer has presented to the City a development proposal for a commercial development; said development to include the above-described property as further identified in this Agreement (the Project); and WHEREAS, City intends to sell the above lots to Developer at market value but with a guaranteed minimum amount as further stipulated in this Agreement; and to assist Developer with its planned development through the use of various incentives, programs, policies, and actions; and WHEREAS, the parties agree this project is a phased development, reasonably following a comprehensive master plan for development; that the development costs will be financed by the Developer and repaid over time through the use property tax increment generated from the Project, and that the City shall have approval over all development plans of the Project prior to Developer commencing construction of each respective phase, and WHEREAS, this Agreement permits the Developer to proceed with its due diligence, inspections, pre-leasing and financing with assurance that, subject to the conditions of this Agreement, the Project may proceed; and WHEREAS, this Agreement will minimize uncertainty in planning for and securing orderly development of the Project, provide the certainty necessary for the Developer to make significant investments in public infrastructure and other improvements, assure the timely and progressive installation of necessary improvements, provide public services appropriate to each stage of development, establish phasing for the orderly and measured build-out of the Project consistent with the desires of the City to develop the Property in a manner consistent with the 2 development objectives of the City as outlined in the City’s request for proposals, and to have development occur at a pace that will assure integration of the new development into the existing community, and provide significant public benefits to the City that the City would not necessarily receive without this Agreement; and WHEREAS,in exchange for the benefits to the City, the Developer desires to receive the assurance that it may proceed with the Project in accordance with the existing land use ordinances, subject to the terms and conditions contained in this Agreement and to secure the benefits afforded the Developer under this Agreement. NOW THEREFORE, in consideration of the terms and conditions of this Agreement, the Developer and City agree to the foregoing recitals and as follows: 1. Sale of Property as it pertains to Block 9 Wiese Addition. Subject to the terms and conditions of this Agreement, and applicable subsequent agreements and amendments related thereto, the City agrees to convey to Developer the following described property: Block Nine (9) of Wiese Addition to the City of Brookings, County of Brookings, State of South Dakota. The City will utilize SDCL 9-27-36; SDCL 9-27-37; and SDCL 9-54-1 to facilitate the transfer of the Property. The Parties intend and determine that the provisions of this Agreement shall constitute covenants which shall run with the Property, and the burdens and benefits of this Agreement shall bind and inure to all successors in interest to the Parties to this Agreement. 2. Right of First Refusal as it pertains to Block 3 Wiese Addition. The City agrees to provide a First Right of Refusal to the Developer for the parcel described as Block 3 Wiese Addition, subject to the terms and conditions set forth at a future time and duly promulgated by a separate agreement executed subsequent to January 1, 2018. Such First Right of Refusal shall also be subject to the provisions of SDCL 9-27-36; SDCL 9-27-37; and SDCL 9-54-1. In the event the City sells Block #3 Wiese Addition to Developer, it shall be in an “as is” condition at the time of the purchase agreement execution and the purchase price based on an MAI appraisal. The Developer shall be given 90 days from the date the Developer receives a written notice of the City’s intent to sell to decide whether or not to exercise its right of purchase. In the event the City sells to someone other than the Developer, the City agrees the buyer will develop or re-develop Block 3 Wiese Addition for end uses that are compatible with the final development plan of the subject parcel and subject to compatible zoning regulations. 3. Consideration/Purchase price of subject parcel. Unless Developer notifies City on or before December 31, 2018 (or such later date as mutually agreed to by the parties in Section 4) that the Project will not proceed, Developer agrees to pay, and City agrees to sell, the subject parcel in multiple phases and as such, payments for land may be made pro rata commensurate with the phased development of 3 the total subject parcel. Developer shall pay the City a minimum of $1,600,000 for the Property in aggregate, in a time and manner in accordance with the terms and conditions of this Agreement and subsequent supplemental Development Agreements contemplated in Section 6. However, the total aggregate amount of purchase price must be paid by December 31, 2023 regardless of the progress of development. For purposes of clarification, the Property does not include Block 3 of Wiese Addition. 4. Due diligence Period. Following execution of this Agreement, Developer shall have a period of time to perform its due diligence, to inspect the property, to pre-lease its Project, to arrange financing and to enter into the additional Development Agreement(s) described in Section 6 below. The Developer shall have until December 31, 2018 to perform this duediligence and to determine if the Project will proceed. If Developer is pursuing its due diligence with good faith and diligent efforts, as determined by the City, Developer may, at its option, by written notice to the City no later than September 1, 2018, request an extension for a supplemental due diligence period for a length of time mutually agreed upon. The City shall have unilateral authority to accept or reject the request for an extension. During this period of due diligence, the Developer shall have access to the Property for any inspections needed. Developer agrees to return the Property as nearly as possible to its pre-inspection condition and Developer shall pay for and be responsible for any damages to the Property during this due diligence period and found to be caused by an act of the Developer in performance of the due diligence. During the due diligence period, the City agrees to negotiate exclusively with Developer concerning the development of the Project. City further agrees to forward all inquiries for development by prospective businesses and their agents to Developer. Due diligence activities include but may not be limited to: -Completion of two community meetings for which the purpose shall be to gather input on the types of development that would be beneficial to the Project. -Completion of site analysis work including but not limited to engineering studies, environmental analysis, and drainage studies, traffic analysis, etc. -Finalization of the Project Development Plan. -Submission and approval of any necessary zoning changes. -Completion of Community Needs Assessment. -Attendance at the May ICSC conference in 2017 and 2018 to begin national marketing. -Commencement of regional marketing initiatives. -Submission of a minimum of two progress reports to the City Council; and additional progress reports to City staff as deemed appropriate. -Other activities as mutually agreed to by both parties and deemed necessary. 5. Phased Development. Both parties to this Agreement anticipate and agree development of the subject parcel will most likely occur in a phased and staged manner. The exact composition of sections of the subject parcel comprising a phase shall be mutually determined by both parties over the course of the project. Following the due diligence period, Developer agrees to accept each 4 individual parcelof the property in an “as is” condition and Developer will, thereafter, be responsible for any expenses involving the subject parcel unless otherwise agreed, in writing, with the City. 6. Additional Development Agreements. As a phased project, both parties agree that supplemental Development Agreements may be necessary to address the particular requirements of each respective parcel of the Project in a manner reasonably consistent with the master plan. 7. Proposed Project Schedule. The proposed schedule for the Project is as follows: a. Execution of Development Agreement: December, 2016 b. Completion of Due Diligence Period by Developer: December 31, 2018 and may be extended upon mutual Agreement of both parties. c. Initial phase 1 property transfer: early 2019. d. Initial phase 1 construction development: April, 2019. e. Development Project completion: not to exceed December 31, 2023 (Build-out, lease-up will extend past development of site.) 8. Provisions necessary for Closing. The conveyance of the subject parcel or any subdivided portion thereof resulting from platting shall not occur until the Developer has completed the following: a. Completion of the due diligence process as determined by the Developer. b. The initial development plan and master development plan have been approved by the City. c. Plans and specifications for the parcel(s) to be conveyed have been approved by the City, for which approval will not be unreasonably withheld. d. A final development agreement with terms and conditions pertaining to financial assurances, guaranteeing completion of the project and other applicable items have been approved by the City. e. Documentation satisfying any applicable division of net sales proceeds have been submitted and deemed acceptable by the City as described in Section 16. 9. Tax Increment Finance. As an incentive to development, tax increment financing is hereby authorized under the following terms and conditions and consistent with the City’s tax increment policy. a. Developer may apply for tax increment financing pursuant to the City’s policy governing the application and use of tax increment finance, and shall pay the applicable application fee. City agrees to expeditiously process said application and approve a mutually agreeable tax increment finance plan for the tax increment district. The parties agree that, pursuant to the master development plan, more than one tax increment district may be necessary. 5 b. Developer shall advance all development, construction and project costs identified in the tax increment plan for reimbursement by future tax increment proceeds. The tax increment plan shall describe the eligible costs to be reimbursed from tax increment proceeds and the aggregate maximum amount and duration for which tax increment proceeds can be reimbursed. c. As stipulated in the tax increment policy, properties in a certified tax increment district are ineligible for the Brookings County’s discretionary property tax formula until the district is de-certified. d. The City’s obligation to reimburse Developer for any costs identified in the tax increment plan shall be terminated in the event the City approval of the tax increment plan or any tax increment process related thereto, is referred by the voters and the voters do not approve the tax increment plan. 10. City Obligations. Upon receipt of written notice to the City from the Developer that Developer has completed Due Diligence work and has made that feasibility requirements have been satisfied, the City will do the following: a. Assist the Developer with the tax increment application and tax increment plan consistent with this Development Agreement. b. To the extent they are available, apply or assist the Developer in the application for grants for infrastructure, soils corrections, storm water enhancement and wetland mitigation grants. c. Keep Developer informed and updated on the on-going status of the SDDOT Highway 14 improvement project. d. Provide a title commitment, at City expense, for a standard owner’s policy of title insurance based on the purchase price of the real property to Developer, including standard searches, all satisfactory to Developer. e. Transfer the real property to the Developer consistent with the terms and conditions with this Agreement and the master development plan. 11. Developer Obligations. A. Developer understands and agrees to the following obligations of the Developer: a. Complete site development and environmental assessment. b. Confirm land use regulations and develop the property consistent with all applicable regulations and Agreements with the City. c. Complete the analysis of necessary public infrastructure and street/utility improvements. d. Provide the City with preliminary cost estimates for infrastructure and street/utility improvements. e. Prepare preliminary land use plan based on market analysis and meetings with various stakeholders as well as national retail market organizations. f.Develop preliminary marketing strategy with implementation steps involving local government and university organizations. g. Pay the usual and customary builder permit fees and permits. h. Pay the usual and customary application and development fees of the City. 6 i.Pay all environmental phase I survey costs associated with development of the project prior to the closing and transfer of each staged/phased parcel. j. Submit an application for the use of tax increment finance and adhere to applicable terms and conditions of the duly-approved tax increment plan to be subsequently negotiated. k. Procure goods and services for infrastructure construction and site build-out; and be responsible for all aspects of construction. B. Improvements. The Developer shall develop the Property in accordance with and subject to the terms and conditions of this Agreement, and any amendments to this Agreement as, from time to time, may be approved pursuant to this Agreement. The failure of the Developer to comply with any term or condition of or fulfill any obligation of the Developer under this Agreement, or any amendments to this Agreement as may have been approved pursuant to this Agreement, shall constitute a default by the Developer under this Agreement. Any such default shall be subject to cure by the Developer as set forth in Section 13 hereof. C. Developer’s Obligations to Pay for Improvements. Except as otherwise provided herein, the Developer shall be responsible, at its sole cost and expense, to make the contributions, improvements, dedications and conveyances set forth in this Agreement. D. City's Good Faith in Processing. The City agrees that it shall accept, in good faith, for processing, review and action, all complete applications for zoning, special permits, development permits, tentative maps, subdivision maps or other submissions for use of the Project in accordance with the this Agreement. The City shall inform the Developer, upon request, of the necessary submission requirements pertaining to a permit application, and shall review said application and schedule the application for review or hearing by the appropriate authority. 12. Performance metrics; reversionary considerations and clawbacks. A. Specific Development Obligations. The Developer and the City have agreed that the development of the Property by the Developer is subject to certain specific development obligations, described herein. These specific development obligations, together with the other terms and conditions of this Agreement, provide the incentive and consideration for the City entering into this Agreement. B. Development Timing. The Developer shall be obligated to comply with the terms and conditions of this Development Agreement at those times specified in this Development Agreement. The parties acknowledge that the Developer cannot at this time predict with certainty when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not all within the control of the Developer, such as market demand and other factors. It is the intent of City and the Developer to hereby acknowledge and provide for the right of the Developer to develop the Project in such order and at such rate and times as the Developer deems appropriate within the exercise of its sole business judgment, subject to the terms, requirements and conditions of this Development Agreement. City acknowledges that such a right is consistent with the intent, purpose and understanding of the parties to this Development Agreement. The Developer shall use its best efforts, in accordance 7 with its business judgment and taking into consideration market conditions and other economic factors influencing the Developer’s business decisions, to commence or to continue development, and to develop the Project in a regular, progressive and timely manner in accordance with the provisions and conditions of this Development Agreement. Developer and City intend that except as otherwise provided herein, this Agreement shall be subject to any ordinance, resolution, regulation or policy which is adopted and applied on a uniform, city-wide basis and directly concerns an imminent public health or safety issue. In such case, City shall apply such ordinance, resolution, regulation or policy uniformly, equitably and proportionately to Developer and the Property and to all other public or private owners and properties directly affected thereby. C. The parties agree the orderly and measured build-out of the Project will allow for the absorption of the new development into the community and the integration of the Project into the community. D. Annual Review. The City Manager shall, at least every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by the Developer with the terms and conditions of this Agreement. Such periodic review shall be limited in scope to compliance with the terms and conditions of this Agreement. The City Manager shall provide thirty (30) days prior written notice of such periodic review to the Developer. Such notice shall require the Developer to demonstrate good faith compliance with the terms and conditions of this Agreement and to provide such other information as may be reasonably requested by the City Manager and deemed by him/her to be required in order to ascertain compliance with this Agreement. If, following such review, the City Manager is not satisfied that the Developer has demonstrated good faith compliance with all the terms and conditions of this Agreement, or for any other reason, the City Manager may refer the matter along with his/her recommendations to the City Council. Failure of the City to conduct an annual review shall not constitute a waiver by the City of its rights to otherwise enforce the provisions of this Agreement nor shall the Developer have or assert any defense to such enforcement by reason of any such failure to conduct an annual review. 13. Default, Remedies, Termination. A. General Provisions. Subject to extensions of time by mutual consent in writing, failure or unreasonable delay by either Party to perform any term or provision of this Agreement shall constitute a default. In the event of default or breach of any terms or conditions of this Agreement, the Party alleging such default or breach shall give the other Party not less than thirty (30) days notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured. During any such thirty (30) day period, the Party alleged to be in default shall not be considered in default for purposes of termination or institution of legal proceedings. After notice and expiration of the thirty (30) day period, if such default has not 8 been cured or is not being diligently cured in the manner set forth in the notice, the other Party to this Agreement may at its option: 1. Terminate this Agreement, in which event neither Party shall have any further rights against or liability to the other with respect to this Agreement or the Property; or 2. Institute legal or equitable action to cure, correct or remedy any default, including but not limited to an action for specific performance of the terms of this Agreement; In no event shall either Party be liable to the other for money damages for any default or breach of this Agreement. B. Developer’s Default; Enforcement. No building permit shall be issued or building permit application accepted for the building shell of any structure on the Property if such applicant or any entity or person controlling such applicant is in default under the terms and conditions of this Agreement unless such default is cured or this Agreement is terminated. The Developer shall cause to be placed in any covenants, conditions and restrictions applicable to the Property, or in any ground lease or conveyance thereof, the express provision for an owner of the Property, lessee or City acting separately or jointly to enforce the provisions of this Agreement and to recover attorneys' fees and costs for such enforcement. C. Enforced Delay, Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental entities, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulation, litigation, moratoria or similar bases for excused performance. If written notice of such delay is given to the City within thirty (30) days of the commencement of such delay, an extension of time for such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon. In the event litigation is initiated by any party other than Developer that challenges any of the approvals for the Project and an injunction or temporary restraining order is not issued, Developer may elect to have the term of this Agreement tolled, i.e., suspended, during the pendency of said litigation, upon written notice to City from Developer. The tolling shall commence upon receipt by the City of written notice from Developer invoking this right to tolling. The tolling shall terminate upon the earliest date on which either a final order is issued upholding the challenged approvals or said litigation is dismissed with prejudice by all plaintiffs. In the event a court enjoins either the City or the Developer from taking actions with regard to the Project as a result of such litigation that would preclude any of them from enjoying the benefits provided by this Agreement, then the term of this Agreement shall be automatically tolled during the period of time such injunction or restraining order is in effect. 9 D. Limitation of Legal Actions. In no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed that the Developer’s sole legal remedy for a breach or violation of this Agreement by the City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement. 14. Default-reversion If, after transfer of the subject parcel or any portion thereof by the City to Developer, the project goes into default, or is not completed for any reason and such default or failure continues after a reasonably acceptable notice and cure period, and the property has yet to become a forfeiture to a lender;the property shall revert to the City at the same price the Developer paid the City. If the above-described default occurs and the property has become a forfeiture to a lender, the parties agree to work with the lender for a subsequent agreement mutually agreeable that preserves the City’s option to re-acquire the property. The Developer also agrees to provide to the City any existing infrastructure construction plans and specifications of the project in the Developer’s possession and for which the Developer has already rendered compensation to any consultants, at no cost to the City, so the City may continue the project by other means. 15. Developer compensation. Developer will be reimbursed by the City an aggregate amount of $140,000 for initial costs associated with the expenses incurred for the due diligence period as described in Section 4, in four installments on the following performance milestone schedule: --First payment of $25,000 upon execution of this Development Agreement. --Second payment of $40,000 upon completion of two community meetings and submission of the application for first re-zoning of an initial phase. --Third payment of $25,000 upon first progress report submitted to the City. --Fourth payment of $50,000 upon first letter of intent from a prospective tenant/buyer/business is submitted to the City. The City shall be reimbursed this $140,000 amount from increment generated from the project pursuant to the approved tax increment finance plan. Both parties recognize the Developer will also incur additional expenses including but not limited to: site and development marketing activities, legal and other due diligence expenses, design development fees and expenses, and developer fees. Said amount shall be an eligible reimbursement from tax increment proceeds under the approved tax increment finance plan to the extent permitted by law; and will be remitted to the Developer commensurate with other tax increment proceeds associated with financing the development of the subject parcel pursuant to the approved tax increment finance plan. 16. Land Purchase. Duly-platted lots and blocks of the subject parcel will be conveyed from the City as seller to the Developer as purchaser in phases commensurate with marketing and development considerations. The purchase price shall be $1.41 per square foot of land conveyed. If Developer sells any portion of the subject parcel to an unrelated end user, Developer and 10 City shall share in the proceeds of such sale as follows: After all property transaction costs have been determined, the remaining net sales proceeds from the Developer to the end user shall be divided,with 80 percent payable to the Developer and 20 percent remitted to the City. The City shall have no responsibility for the property conveyance from the Developer to the end user. The Developer and City shall mutually agree on the scope and extent of documentation necessary to satisfy the division of the net sales proceeds. 17. Plans and Specifications. Developer agrees to prepare, at Developer’s expense, an engineered Initial Development Plan that addresses zoning, platting, and all applicable subdivision regulations for the subject parcel in its entirety. It is understood such provisions of the Plan will adhere to all applicable and standard practices and procedures. The InitialDevelopment Plan shall be approved by the City, for which approval will not be unreasonably withheld. Such plans shall include, but are not limited to, lot and block design, street layout, easement and right- of-way dedication, water systems, sanitary sewer systems, storm sewer systems, electrical, natural gas, and telecommunication systems, street lighting, curb and gutter, signage, and other infrastructure deemed necessary by the parties. Parties agree the street system shall be public with the right-of-way and street improvements dedicated to the City upon acceptance by the City. Such acceptance requires construction adherence to approved plans and specifications. Parties agree storm water plan(s) will be necessary and provided by the Developer. City agrees to provide technical assistance to the Developer’s engineer in the development of the Initial Development Plan. 18. Rules, Regulations and Official Policies. 1. For the term of this Agreement, the rules, regulations, ordinances and official policies governing the permitted uses of land, the density and intensity of use, design, improvement and construction standards and specifications applicable to the development of the Property, including the maximum height and size of proposed buildings, shall be those rules, regulations, ordinances and official policies in force on the effective date of this Agreement. Except as otherwise provided in this Agreement, to the extent any future changes in the zoning ordinance or any future rules, ordinances, regulations or policies adopted by the City purport to be applicable to the Property but are inconsistent with the terms and conditions of this Agreement, the terms of this Agreement shall prevail, unless the Parties mutually agree to amend or modify this Agreement. To the extent that any future changes in the zoning ordinance or any future rules, ordinances, regulations or policies adopted by the City are applicable to the Project and are not inconsistent with the terms and conditions of this Agreement, such future changes in the zoning ordinance or such future rules, ordinances, regulations or policies shall be applicable to this Project. (a) This section shall not preclude the application to development of the Project of changes in City ordinances, regulations or policies, the terms of which are specifically mandated and required by changes in state or federal laws or regulations. In the event state or federal laws or regulations enacted after the date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, this Agreement shall be modified, 11 extended or suspended as may be necessary to comply with such state or federal laws or regulations or the regulations of such other governmental jurisdiction. To the extent that any actions of federal or state agencies (or actions of regional and local agencies, including the City, required by federal or state agencies) have the effect of preventing, delaying or modifying development of the Project, the City shall not in any manner be liable for any such prevention, delay or modification of said development. The Developer is required, at its cost and without cost to or obligation on the part of the City, to be subject to such development restrictions as may be necessary or appropriate by reason of such actions of federal or state agencies. (b) Nothing herein shall be construed to limit the authority of the City to adopt and apply codes, ordinances and regulations which have the legal effect of protecting persons or property from conditions which create a health, safety or physical risk. 2. All project construction, improvement plans and final maps for the Project shall comply with the rules, regulations and design guidelines in effect at the time the construction, improvements, plan or final map is approved. Unless otherwise expressly provided in this Agreement, all city ordinances, resolutions, rules, regulations and official policies governing the design and improvement and all construction standards and specifications applicable to the Project shall be those in force and effect at the time the applicable permit is granted. Ordinances, resolutions, rules, regulations and official policies governing the design, improvement and construction standards and specifications applicable to public improvements to be constructed by Developer shall be those in force and effect at the time the applicable permit approval for the construction of such improvements is granted. If no permit is required for the public improvements, the date of permit approval shall be the date the improvement plans are approved by the City or the date construction for the public improvements is commenced, whichever occurs first. 3. Uniform Codes applicable. This Project shall be constructed in accordance with the requirements of the International Building, Mechanical, Plumbing, Electrical, and Fire Codes, in effect at the time of approval of the appropriate building, grading, encroachment or other construction permits for the Project. If no permits are required for the infrastructure improvements, such improvements shall be constructed in accordance with the provisions of the codes delineated herein in effect at the start of construction of such infrastructure. 4. This section shall not be construed to limit the authority or obligation of the City to hold necessary public hearings, to limit discretion of the City or any of its officers or officials with regard to rules, regulations, ordinances, laws and policies which require the exercise of discretion by the City or any of its officers or officials, provided that subsequent actions shall not conflict with the terms and conditions of this Agreement. 19. Infrastructure construction. Developer shall be responsible for engineered plans and drawings suitable for construction, and be responsible for overall infrastructure financing, installation and construction of the subject parcel consistent with approved plans by the City as provided in Section 17 of this 12 Agreement. Developer agrees to solicit, encourage, and utilize all reasonable and prudent means to employ or contract with local contractors, vendors, and service providers. 20. Hold Harmless indemnification. The Developer hereby agrees to and shall hold the City, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage for personal injury, including death, as well as from claims for property damage, which may arise from the Developer’s or the Developer’s contractors, subcontractors, agents, or employees’ operations under this Agreement, whether such operations be by the Developer, or by any of the Developer’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by or acting as agents for the Developers or any of the Developers’ contractors or subcontractors. In the event of any legal action instituted by a third party or any governmental entity or official arising out of the approval, execution, or implementation of this Agreement (exclusive of any such actions brought by the Developers), the Developer agree to and shall cooperate fully and join in the defense by the City of such action; provided, however, that the City and the Developer shall each bear their own respective costs, if any, arising from the defense. Such agreement by the Developer does not include any agreement to indemnify the City and its elective and appointive boards, commissions, officers, agents, and employees from any such legal actions. City agrees to indemnify, defend, and hold harmless the Developer its agents, employees, contractors, and subcontractors for claims made against the Developer arising from the City’s actions pertaining to the advertising, review, or selection of a Developer, or any actions the City has taken or may take in its efforts to seek development of the subject parcel. With regard to a limitation of legal actions, in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed that the Developer’s sole legal remedy for a breach or violation of this Agreement by the City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement. 21. Insurance. Developer agrees to carry General Liability insurance in the amount of at least two million and no/100 dollars ($2,000,000). Developer agrees to maintain and keep in effect such insurance for the duration of the project and shall provide copies of said insurance to the City. Developer agrees to require the construction contractor installing infrastructure improvements to carry Builders’ Risk insurance covering the full replacement cost of all improvements and that such insurance remain in effect for the duration of the construction of each respective project phase. 13 22. Good Faith/Mutual Cooperation. a. At any time and from time to time before and after the execution of this Development Agreement, the City will, at the request of Developer, and without further consideration, promptly execute, acknowledge and deliver such further instruments and take such further action as Developer may reasonably request in order to consummate and confirm the transaction contemplated by this Agreement and to accomplish the purposes of this Agreement; however no such instruments or actions will impose upon the City any burden or obligation which is in excess of any burden or obligation specifically imposed upon the City pursuant to the terms of this Agreement. b. At any time and from time to time before and after the execution of this Development Agreement, Developer will, at the request of the City, and without further consideration, promptly execute , acknowledge and deliver such further instruments and take such further action as the City may reasonably request in order to consummate and confirm the transaction contemplated by this Agreement and to accomplish the purposes of this Agreement; however, no such instruments or actions will impose upon Developer any burden or obligation which is in excess of any burden or obligation specifically imposed upon Developer pursuant to the terms of this Agreement. 23. Contingency. The obligation of the Purchaser to purchase the above-described property pursuant to this Agreement is contingent upon the following: a. The City provides clear and marketable title to the Buyer concerning the above- described real property, by Warranty Deed, which contains only easements, rights- of-way, and reservations of record. If there are any title restrictions, defects or burdens to which the Developer objects, other than easements, rights-of-way and restrictions of record, such objection will be stated in writing to City, and City will be allowed a reasonable time of not less than sixty (60) days to which to correct the same, and the Closing date will be delayed for not less than sixty (60) days to provide City with time to correct said defect. b. The parties also acknowledge the following contingency is also a condition precedent to the performance of this Agreement by the City. Briefly stated, the contingency concerns the right of the public to petition for referendum concerning this transaction. This is viewed by the City as unlikely, and discussed at greater length in subsection (i) below. (i) Referendum/election. The City’s obligation to sell the property described herein will be terminated if the City Council’s decision to sell the above- described property is referred by the voters and the voters do not approve 14 the sale. “Referred” means a Petition to Refer, signed by the requisite residents, is filed and the voters of the City, at an election, vote to nullify the decision of the City to sell the property described herein. In the event of a successful referral, the obligation of the City to sell the above-described property pursuant to this or any subsequent Development Agreement will be null and void. This contingency will be waived at the later of the expiration date of any referendum period if there is no referendum, or the date following the election canvassing if there is a referendum election, and the sale is approved at the referendum election. However, a referendum decision by voters of the City which does not approve the sale will permit the City to terminate this Agreement at no cost or liability to the City. A referendum is not likely but all government real estate transactions are subject to the possibility of a referendum. The City will be able to waive this contingency 20 days after publication of the Resolution approving this Development Agreement. 24. Assignment. This Agreement shall not be assigned by Developer to another entity without the approval of the City, for which approval shall not be unreasonably withheld, provided: a. The assignee has the financial ability to meet the obligations proposed to be assigned and to undertake and complete the obligations of this Agreement affected by the assignment; and b. The proposed assignee has adequate experience with residential or non-residential developments of comparable scope and complexity to the portion of the Project that is the subject of the assignment. Developer may assign it to another entity controlled by or under common control with Developer without the City’s consent. 25. Covenants Running with the Land. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do, or refrain from doing, some act with regard to the development of the Property: (a) is for the benefit of and is a burden upon the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each Party and each successor in interest during ownership of the Property or any portion thereof. 26. Signage. Developer shall be allowed to install signage advertising the project following execution of this Agreement with the design, number, and location(s) mutually agreed upon by both parties. Any such signage must follow applicable signage ordinances, and permits and fees shall be Developer’s responsibility. The provisions of this Section do not apply to finished parcels designated for commercial use. 15 27. Amendments.This Agreement may be amended from time to time by mutual consent of the Parties. The Parties acknowledge that refinement and further implementation of the Project may demonstrate that certain changes may be appropriate with respect to the details and performance of the Parties under this Agreement. The Parties desire to retain a certain degree of flexibility with respect to the details of the Project and with respect to those items covered in the general terms of this Agreement. If and when the Parties find that clarifications, changes or minor adjustments are necessary or appropriate, they shall effectuate such clarifications, changes or minor adjustments through a written Amendment approved in writing by the Developer and the City. 28. Sales Tax Revenue as Economic Development Incentive The Developer and subsequent qualifying businesses in the project may apply to the City to participate in the sales tax economic development incentive program pursuant to City of Brookings Resolution 15-011 and program requirements related thereto. 29. Liquor licenses Both parties understand and agree some businesses seeking to locate in the project area may apply for any type of alcohol or malt beverage license for their respective business that may be available, and that said applications shall follow established procedures pursuant to City and State regulations. 30. Survey. If required, Developer shall be pay for any surveys required throughout the project. 31. Warranties from the City. City, as the Seller, hereby represents, warrants and covenants to Developer, as the Buyer, the following: a. City is fee-owner of the described subject parcels with full authority to sell and transfer the property to the Buyer. b. To the best of the City’s knowledge, the property is in full compliance with all applicable laws, statutes, ordinances, codes, rules, including any regulations relating to environmental protection, pollution, safety, health, building, fire, and zoning. City has no knowledge of any proposed or pending proceeding to change or redefine the current zoning classification of all or any portion thereof. c. There is no action or proceeding pending against City pertaining to the subject property. d. City has no knowledge of any hazardous materials (as defined under any federal, state, or local law or ordinance) that have been restored, released, removed, or placed, held, located or disposed of on, under, or at the property or any part thereof and, to the best of the City’s knowledge, no part of the property has ever been used as a treatment, storage, or disposal site for any such hazardous material, except as follows: A Phase 1 Environmental review indicated that a portion of the subject property was the location for road salt storage. This condition has been remediated. 16 e. To the best of City’s knowledge, there are no unrecorded contracts, leases, easements, or other agreements, or claims of any third party, affecting the use, title, occupancy or development of the property. f.Each and every undertaking and obligation of City under this Agreement shall be performed by City in a timely manner. g. To the best of City’s knowledge, the City has made property disclosure to Developer, as required by law, as to all wells, private sewer systems, and aboveground or underground storage tanks located on the property. The former owner of the subject property had underground fuel tanks on the site which were removed by the former owner, who also undertook soils remediation. The City agrees to provide any and all environmental reports and analysis in it’s possession pertaining to the site. h. City warrants there are no outstanding special assessments or taxes encumbering the property to be transferred. 32.Closing costs. Developer as Buyer shall be responsible for all premiums required for title insurance, mortgage recording fees, document recording fees and one-half of closing fees charged by the closing agent. City as Seller shall be responsible for payment of any State transfer fee, the one half of closing fees charged by the closing agent. 33.Early Termination. This Agreement shall become null and void upon either of the following occurrences: a. Mutual consent of both parties. b. Expiration of the due diligence period with a determination the project will not proceed. This Agreement shall also terminate upon ALL of the following conditions: a. The City has been paid a minimum of $1.6 million in aggregate for the property and any net sale proceeds to be divided and paid pursuant to Section 16. b. All portions of the property have been transferred to the Developer or Developer’s agents, tenants, subsequent owners, or eventual end-users. c. Any subsequent supplemental development agreements executed as contemplated in Section 6 have been fulfilled to the satisfaction of both parties. d. Any obligation of the parties not completed shall survive the termination of this Agreement. 34. Financial Assurances. Prior to execution of this Agreement, Developer shall provide information satisfactory to the Cityand the City’s Financial Advisor that the Developer has secured financing or other capital means sufficient to adequately finance the project and fulfill the obligations of this Agreement. A letter attesting such from a lender(s) or other financial institution shall satisfy this provision. The City and its Financial Advisor agree to considersuch information as proprietary and confidential. Prior to the transfer of title from City to Developer, Developer shall enter into a supplemental Development Agreement as contemplated in Section 6 with 17 the City and provide financial assurances, acceptable to the City, to guarantee completion of the Project. During the course of the Due Diligence period pursuant to Section 4, Developer agrees to use its best efforts to determine the financial capacity of subsequent purchasers, builders, contractors, retailers, lessors and other parties associated with end-use development to meet such obligations. 35. Notices. Any notices required of this Agreement shall be made in writing and shall be hand-delivered or sent by United States Certified Mail, postage prepaid, and shall be effective when hand- delivered or deposited as aforesaid and addressed to the respective parties at the addresses below: City as Seller:Jeffrey W. Weldon City Manager City of Brookings 520 Third Street Brookings, SD 57006 Developer as Buyer:Michael S. Bender Brookings Marketplace, LLC Bender Companies, Inc. 122 Phillips Avenue; Suite 350 Sioux Falls, SD 57104 36. Effective Date and Term of this Agreement.The effective date of this Agreement shall be the date of execution by the last of the Parties to execute this Agreement. The term of this Agreement shall commence upon the effective date and shall extend for a period of Twenty (20) years thereafter, unless said Term is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the Parties. Following the expiration of said Term, this Agreement shall be deemed terminated and of no further force and effect. 37. Binding effect. All provisions of this Agreement are hereby made binding upon personal representatives, heirs, successors, and assigns of all parties hereto. 38. Law Governing. This Agreement shall be construed under and in accordance with the laws of the State of South Dakota. 39. Entire Agreement. This Agreement constitutes the entire Agreement between the City and Developer and there are no other covenants, agreements, promises, terms, provisions, conditions, undertakings or understanding, either oral or written,between them concerning the property, other than those herein and set forth. No subsequent Agreement, or any amendments thereto, shall be binding upon City as Seller or Developer as Buyer unless it is in writing and signed by both parties. 18 IN WITNESS THERETO, the parties hereto have executed this Agreement as of the date so stipulated. CITY AS SELLER: CITY OF BROOKINGS, SOUTH DAKOTA By:_________________________ Its Mayor Attest:______________________ Its City Clerk STATE OF SOUTH DAKOTA ) ) ss. COUNTY OF BROOKINGS ) The foregoing instrument was acknowledged before me this _________ day of ______________, 2016, by Tim Reed, the Mayor and Shari Thornes, the City Clerk of the City of Brookings, a municipal corporation under the laws of South Dakota, on behalf of said public corporation. _______________________ Notary Public DEVELOPER AS BUYER: BROOKINGS MARKETPLACE, LLC By:_________________________ Its Principle Partner STATE OF SOUTH DAKOTA ) ) ss. COUNTY OF _____________) The forgoing instrument was acknowledged before me this ___________ day of ______________, 2016, by __________________, the __________________ of Brookings Marketplace, LLC, on behalf of the limited liability company. This document was drafted and approved to form by _______________________. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 16-025,Version:2 Public Hearing and Action on Ordinance 16-025, an Ordinance pertaining to an application for a Conditional Use Permit for a Major Home Occupation for an Individual Counseling Office, in the Residence R-1B Single Family District on Lot 13, Block 11, Camelot Square Addition (1514 12th St. So.). Summary: The request is to establish an individual counseling office in the R-1B District. The ordinance requires a Conditional Use Permit for major home occupations. Background: The applicant is proposing to establish an Individual Counseling Center as part of the residential home at 1514 12th Street South. The property is surrounded by single-family homes with multi-family residential across 17th Avenue South to the east. The home is also in close proximity to both Mickelson Middle School and Camelot Intermediate School. The owner currently has a Conditional Use Permit to operate an individual counseling center at 1431 7th Street; however, is looking to relocate to 1514 12th Street South. Section 94-362 of the ordinance requires major home occupations to comply with the following requirements: (1)The occupation is conducted entirely within the principal or accessory building. (2)The occupation is clearly incidental and secondary to the principal use of the dwelling unit for residential purposes. (3)The occupation does not occupy more than 50 percent of the gross floor area of one story. (4)Residents of the dwelling unit and one person who does not reside in the dwelling unit may be employed or participate in the home occupation. (5)Signs shall be permitted according to the regulations for residential signs of the sign ordinance. (6)There shall be no exterior display, exterior storage or other exterior indication of the home occupation except for a sign. (7)No occupation shall require substantial internal or external alterations or involve construction features not customary in a dwelling unit. (8)Limited quantities of goods, products or materials associated with the home occupation shall be permitted to be stored on the premises. Storage within a garage shall not displace parking spaces required by this chapter. (9)Toxic, explosive, flammable, combustible, corrosive, radioactive or other restricted materials are prohibited. (10)Any process or activity which causes offensive odors, dust, glare, noise, smoke, heat or vibration detectable to the normal senses off the property and any equipment or process which creates visible or audible interference in radio or television receivers shall be prohibited. (11)Two on-premises parking spaces, in addition to those required for the dwelling unit, shall be provided for the home occupation. City of Brookings Printed on 12/7/2016Page 1 of 2 powered by Legistar™ File #:ORD 16-025,Version:2 (12)The sale of stocks of merchandise, supplies or products may not be conducted on the premises, however, limited retail sales directly related to the home occupation may be sold to clients. (13)No more than one home occupation shall be permitted within any single-family dwelling. (14)Major home occupations that attract customers, clients or other individuals to the premises for sales or services shall not be allowed in an apartment building. A conditional use is defined as a use which, because of its unique or varying characteristic, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided in this chapter, of the impacts of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted. Planning Commission Recommendation: The Planning Commission voted 8-0 to recommend approval of a Conditional Use Permit for an individual counseling office, which is a major home occupation, on Lot 13, Block 11, Camelot Square Addition. Attachments: Ordinance Hearing Notice 11/1/2016 Minutes Area Map Aerial Map City of Brookings Printed on 12/7/2016Page 2 of 2 powered by Legistar™ Ordinance 16-025 An Ordinance pertaining to an Application for a Conditional Use Permit for a Major Home Occupation for an Individual Counseling Office in the Residence R-1B Single Family District. Be It Ordained by the governing body of the City of Brookings, South Dakota that said Conditional Use shall be approved for a Major Home Occupation for an Individual Counseling Office on Lot 13, Block 11, Camelot Square Addition with the following conditions: None. All sections and ordinances in conflict herewith are hereby repealed. First Reading:November 22, 2016 Second Reading:December 13, 2016 Published:December 16, 2016 CITY OF BROOKINGS __________________________ Tim Reed, Mayor ATTEST: ________________________________ Shari Thornes, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON APPLICATION FOR CONDITIONAL USE NOTICE IS HEREBY GIVEN THAT Debra Butman-Perkins submitted an application for a Conditional Use on the following described real estate: Lot 13, Block 11, Camelot Square Addition, also known as 1514 12th Street South. The request is to establish an individual counseling office, which is a major home occupation, in the R-1B District. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, November 1, 2016, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 21st day of October, 2016. ____________________________ Staci Bungard City Planner Planning Commission Brookings, South Dakota November 1, 2016 OFFICIAL MINUTES Item #4e –Debra Butman-Perkins submitted an application for a Conditional Use on Lot 13, Block 11, Camelot Square Addition, also known as 1514 12th Street South. (Pierce/Gregg) Motion to approve the Conditional Use application. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #4e –The applicant is requesting to establish an individual counseling center in an R-1B District. The ordinance requires a conditional use permit for major homes occupations, and a counseling office is considered a major home occupation. Deb explained that due to the sale of their current residence (where they currently run their business) they are requesting a Conditional Use Permit to allow them to continue their business out of their new home. She stated that they will possibly work with 20-25 clients throughout the week and they do not work with people with criminal activity on their records. Deb understands that parking could be a concern to neighbors, but their driveway is large and they don’t forsee that anybody would need to park on the city roads for a length of time. She explained that they spoke with their neighbors and they didn’t have an issue with their request. Heuton asked if there would be times there would be multiple vehicles. Deb explained that this would happen very little. Tornquist asked if this Conditional Use would stay with the property. Struck explained that a Conditional Use stays with the applicant for that use applied for. 12TH ST S17TH AVE SCHRISTINE AVEKING ARTHUR CT WESTMINSTER DR TORREY PINES DRSAWGRASS DRYOSEMITE LN BRECKENRIDGE LNPARKWAY BLVD SA W G R A S S C I R Butman-Perkins Conditional Use - 1514 12th Street S. . Mickelson Middle School Camelot Intermediate School Multi-Family 12TH ST S BRECKENRIDGE LNButman-Perkins Conditional Use - 1514 12th Street S. . 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 16-026,Version:2 Public Hearing and Action on Ordinance 16-026, an Ordinance rezoning Lot 1, Block 7, Wiese Addition from an Industrial I-1R Restricted to an Industrial I-1 Light District (located along 32nd Ave.). Summary: The applicant is seeking a rezoning request for 4.86 acres of land to accommodate additional development. Background: The property is located along 32nd Avenue and currently contains two buildings associated with Midwest Micro-Tek. The owner would like the flexibility to construct additional building(s) for light manufacturing and research. The I-1R District allows for these uses; however, contains a 35 percent lot coverage requirement. The lot coverage requirement will restrict the opportunity for future development. The I-1 District allows for light manufacturing as a permitted use and does not have a lot coverage requirement, hence promoting land use efficiency. The I-1 District is intended to provide for a number of light manufacturing, light processing, warehousing, and supportive commercial uses for industrial businesses. The area is situated in an industrial corridor with I-1 property adjacent to the north. The Comprehensive Plan shows the area as light industrial which includes manufacturing businesses. Planning Commission Recommendation: The Planning Commission voted 8-0 to recommend approval of a rezoning request for Lot 1, Block 7, Weise Addition from Industrial I-1R to Industrial I-1 Light District. Attachments: Ordinance Hearing Notice 11/1/2016 Minutes Rezoning Map 1 Rezoning Map 2 Plat City of Brookings Printed on 12/7/2016Page 1 of 1 powered by Legistar™ Ordinance 16-026 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: Lot 1, Block 7, Weise Addition. Be and the same is hereby rezoned and reclassified from an Industrial I-1R Restricted District to an Industrial I-1 Light District. In accordance with Section 94-7 of Article I 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 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 Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading November 22, 2016 Second Reading and Adoption December 13, 2016 Published December 16, 2016 CITY OF BROOKINGS ________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN That Midwest Micro-Tek, LLC has submitted a petition to rezone the following described real estate in the City of Brookings, in Brookings County, South Dakota: Lot 1, Block 7, of Wiese Addition from Industrial I-1R District to Industrial I-1 District. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, November 1, 2016, 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 ____ day of October, 2016. ____________________________ Staci Bungard City Planner Planning Commission Brookings, South Dakota November 1, 2016 OFFICIAL MINUTES Item #4g –Midwest Micro-Tek LLC has submitted a petition to rezone Lot 1, Block 7, Wiese Addition from Industrial I-1R District to Industrial I-1 District. (Pierce/Johnson) Motion to approve the petition to rezone. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #4g –This rezone is for a 4.86-acre parcel of land to accommodate additional development. The parcel currently contains two buildings associated with Midwest Micro-Tek. The owner would like the flexibility to construct additional buildings for light manufacturing and research. Tornquist questioned why they are asking for the rezoning? Are they planning to expand? Jessica stated yes. Struck explained that the I-1R zoning limits them to the square footage that is allowed in buildings. And with the current building going up, they will have met the maximum for the I-1R District. Struck explained that the rezoning will allow the applicant to continue to add buildings and grow their business. PDD I-1 B-4 PDD I-1R B-5 I-1R I-1R B-5 JJ-A PDD Midwest Microtek LLC Rezoning - 1010 32nd Ave .Legend Rezoning PDD I-1 B-4 PDD I-1R B-5 I-1R I-1R B-5 JJ-A PDD Midwest Microtek LLC Rezoning - 1010 32nd Ave .Legend Rezoning 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 16-027,Version:2 Public Hearing and Action on Ordinance 16-027, an Ordinance rezoning Block 2, Christie Third Addition from an Agricultural A to an Residence R-1B Single Family District (located at the northwest corner of 26th Street South and Main Avenue South). Summary: The City of Brookings is seeking to rezone 3.69 acres of land to accommodate the construction of a fire station. Background: The property is located at the northwest corner of 26th Street South and Main Avenue South and was platted in 2014. The property is currently vacant and owned by the City of Brookings. The Agricultural District does not allow for a fire station as a permitted use thus prompting the need for a rezoning request. The R-1B District allows for a fire station as a permitted special use so long as the development abuts an arterial or collector street. In this case, the land abuts Main Avenue South, which is a major arterial street. The R-1B District is intended to accommodate a mix of single family residential homes and supportive community facilities, such as a park, school, and fire station. The Dakota Prairie Elementary School is also zoned R-1B and is located immediately to the west. Planning Commission Recommendation: The Planning Commission voted 7-0 to recommend approval of the rezoning request for Block 2, Christie Third Addition from Agricultural A to Residence R-1B Single Family District. Attachments: Ordinance 11/1/2016 Minutes Hearing Notice Rezoning Map City of Brookings Printed on 12/7/2016Page 1 of 1 powered by Legistar™ Ordinance 16-027 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: Block 2, Christie Third Addition. Be and the same is hereby rezoned and reclassified from an Agricultural A District to a Residence R-1B Single Family District. In accordance with Section 94-7 of Article I 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 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 Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading November 22, 2016 Second Reading and Adoption December 13, 2016 Published December 16, 2016 CITY OF BROOKINGS ________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk Planning Commission Brookings, South Dakota November 1, 2016 OFFICIAL MINUTES Murphy recused himself. Item #4h –The City of Brookings has submitted a petition to rezone Block 2, Christie Addition from an Agricultural A District to Residence R-1B Single Family District. (Gregg/Heuton) Motion to approve the petition to rezone. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #4h –The City is looking to rezone a 3.69-acre parcel of land to allow for the building of a fire station. The R-1B District accommodates a mix of single family residential homes and supportive community facilities, such as parks, schools and fire stations. Struck explained that the current plan is to have the trucks exit to the south onto 26th Street South. And the current layout of the building will allow for future expansion if needed. Tornquist wondered if it would have been safer to have the fire station exit onto Main Avenue. Struck explained that due to Main Avenue being a turn lane, but also the opticom systems on the signal lights will not trigger if they are pulling onto Main Avenue. 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 the City of Brookings has submitted a petition to rezone the following described real estate in the City of Brookings, in Brookings County, South Dakota: BLOCK 2, CHRISTIE ADDITION from an Agricultural A District to a Residence R-1B Single-Family District. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, November 1, 2016, 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 21st day of October, 2016. ____________________________ Staci Bungard City Planner R-3 R-1B JJ-A R-1B B-2 JJ-A A R-3 JJ-A B-2 R-1C R-1B R-3 B-2 R-2 R-1B R-3 R-3 R-1B R-2 R-3 R-3 R-3 R-3 R-1B R-3 R-3 R-3 R-3 R-3 R-1B R-2 R-1B R-3 R-3 R-3 R-2 R-2 R-2 R-3 R-3 R-3 R-2 R-2 R-2 R-1B R-2 R-2 R-2 R-2 R-2 R-2 R-1B R-2 R-3 R-3 R-1B R-3 R-1B R-3 R-1B R-1B A City of Brookings Rezoning - Main Ave S & 26th Street S .Legend Rezoning 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 16-103,Version:1 Public Hearing and Action on Resolution 16-103, a Resolution Determining the Necessity of Alley Assessment Project No. 2017-05STA, from 1st Street South to 2nd Street South between 5th Avenue South and 6th Avenue South. Summary: The City received a petition to pave the alley from 1st Street South to 2nd Street South between 5th Avenue South and 6th Avenue South. This is the required public hearing, which is the first step in the assessment process. If the City Council adopts the resolution after the public hearing, this will authorize the City to proceed with the design and construction of the alley. Background: The City received a petition to pave the alley described above. The City follows the assessment process as outlined in Chapter 9, Section 43 of SDCL and the first step is a public hearing and approval of a resolution determining the necessity for the project. The property owners pay for the original construction of a public alley as a one-time cost, and the City will perform future maintenance on the alley such as asphalt overlays and chip seals. The petition for this alley was signed by 55.82% of the frontage owners, and the project costs are estimated to be $110.00 per linear foot of alley, or $55.00 per front foot per side of alley. These prices were based on 2016 City bid prices from street projects since the last City alley paving project was in 2009. The attached Resolution references the interest rate which is 10% and property owners may pay the assessment over a five- year time period. Each property owner was mailed the attached Resolution with Notice of Hearing by receipt certified mail as required. The public may speak for or against the project at the public hearing. If the resolution is approved, the City Engineering Department will proceed with designing the alley and it will be bid for construction in 2017. The assessment costs will be based on actual final quantities at the bid costs plus 6% engineering and administration fee. Fiscal Impact: The City will assess the cost of the alley construction when the assessment is levied. Recommendation: Staff is not making a recommendation at this time, pending public hearing comments from affected property owners. Attachments: Resolution Property Owner List Map City of Brookings Printed on 12/7/2016Page 1 of 1 powered by Legistar™ Resolution 16-103 Resolution Determining Necessity of Alley Assessment Project 2017-05STA Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: The City Council of the City of Brookings hereby declares the necessity of paving the following alley with an asphalt pavement on stabilized gravel base course as follows: Alley between 1 st Street South and 2nd Street South between 5th Avenue South and 6th Avenue South. 1. The general nature of the improvement is above set forth and reference for details is hereby made to the drawings and specifications prepared by the City Engineer and on file with the City Clerk. 2. The material to be used is asphalt for paving of the alley: Four inches (4”) of asphalt pavement on an eight inch (8”) crushed gravel base course for the alley. 3. The improvement is substantially uniform. The estimated cost is $110.00 per linear foot of alley. The estimated cost per linear foot of alley for paving with four inches (4”) of asphalt pavement on an eight inch (8”) crushed gravel base course to be paved to a width of 18 feet is $110.00 per foot of alley or $55.00 per front foot per side of alley. 4. A description of classes of lots to be assessed is as follows: All assessable lots and tracts of land lying contiguous to the alley hereinabove described. 5. The method of apportionment of benefits is as follows: The cost thereof to be assessed against all assessable lots and tracts of land according to the benefits determined by the governing body to accrue to all such lots and tracts from the construction of the improvement. The assessment may be paid over a five-year period and the interest to be charged on the unpaid balance shall be 10%. 6. The above described improvement shall be hereinafter referred to as Alley Assessment Project No. 2017-05STA, which shall be deemed a description of the improvement of the alley as hereinabove set forth. Passed and Approved this 13th day of December, 2016. CITY OF BROOKINGS ___________________________________ ATTEST:Tim Reed, Mayor ___________________________ Shari Thornes, City Clerk NOTICE TO PROPERTY OWNERS NOTICE IS HEREBY GIVEN to the owners of the property described in the foregoing proposed resolution that the City Council will meet in the Council Chambers, City & County Government Center, 520 3rd Street, Brookings, South Dakota, on Tuesday, December 13, 2016, at 6:00 o’clock PM, for the consideration of the adoption of said resolution. At said time and place, the City Council will consider any objections to the proposed resolution by owners of property liable to be assessed for improvement. Shari Thornes, City Clerk 2017 Alley Assessment Listing Owner Physical Address Mailing Address City, State, Zip Mark Whaley 530 1st S S 705 46th Ave Brookings, SD 57006 Mark Whaley 110 6th Ave S 705 46th Ave Brookings, SD 57006 Dennis Kruse 112 6th Ave S 112 6th Ave S Brookings, SD 57006 Brookings Housing Investment LLC 120 6th Ave S 201 N Broad St Suite 109 Mankato, MN 56001 Todd Voss 126 6th Ave S 603 5th Ave Brookings, SD 57006 Prussman Contracting Inc 125 5th Ave S 223 Railroad St Brookings, SD 57006 Prussman Contracting Inc 119 5th Ave S 223 Railroad St Brookings, SD 57006 Boucher, David L Et Ux 117 5th Ave S PO Box 303 Pipestone, MN 56164 David Olson 113 5th Ave S 113 5th Ave S Brookings, SD 57006 Prussman, Dennis 111 5th Ave S 1908 Orchard Dr Brookings, SD 57006 Katherine Theodosopoulos 107 5th Ave S 107 5th Ave S Brookings, SD 57006 S&G Property Management LLC 101 5th Ave S 527 36th St S Brookings, SD 57006 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 16-028,Version:2 Second Reading and Action on Ordinance 16-028, an Ordinance authorizing Supplemental Appropriation #3 to the 2016 Budget. Summary: This Ordinance will amend the 2016 Budget to increase unanticipated revenues, to decrease expenditures in accounts where savings have occurred, and to increase expenditures for accounts where unanticipated expenses have occurred. Background: Occasionally it is necessary to adjust the budget for events which were unknown when the original budget was adopted. The larger changes proposed within the General Fund include: Increase in Engineering revenue totaling $20,587 for building permits and fees, decrease in Animal Control of $31,400 due to not purchasing a pickup in 2016, increase in Recreation revenue and expense of $14,920 to account for a Wellmark Grant, increase in Ice Arena of $15,237 to repair the rooftop condenser leak, increase in Ice Arena water and electric of $25,000 for full summer ice. The larger items in the Special Revenue Funds include: increase in Swiftel capital expense of $1,100,000 to account for the interfund loan for the new seating, increase in Special Assessment revenue of $90,400 to account for additional assessments, and decrease in Storm Drainage expenditures of $72,000 due to bids coming in lower than anticipated. Fiscal Impact: General Fund: Revenue increase $55,154; Expenditures increase $46,557 Swiftel Fund: Expenditure increase $1,100,000 (interfund loan) Special Assessment Fund: Revenue increase $89,400; Expenditures increase $2,500 Storm Drainage Fund: Revenue decrease ($15,440): Expenditures decrease ($72,000) Airport Fund: net change zero Edgebrook Golf Course: Expenditures increase $5,145 Recommendation: Staff recommends approval. Attachments: Ordinance City of Brookings Printed on 12/7/2016Page 1 of 1 powered by Legistar™ Ordinance 16‐028 An Ordinance authorizing Supplemental Appropriation #3 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: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: November 22, 2016 Second Reading: December 13, 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 #:ID 2016-0777,Version:1 Discussion and possible action on the Recommendations of the 6th Street Design Ad Hoc Committee, for 6th Street from Main Avenue to Medary Avenue. Summary: The South Dakota Department of Transportation has asked the City of Brookings for input on the 5- lane design of Highway 14 (6th Street) from Main Avenue to Medary Avenue. The 6th Street Design Ad Hoc Committee has recommended that the 6th Street pavement width should be five (5) lanes, with three 11’ inside lanes with the outside lanes being fourteen (14) feet wide. The committee also recommended that the street lighting design should be similar to the future lighting on 6 th Street from 20th Avenue to 14th Avenue. Background: The 6th Street Design Ad Hoc Committee met several times during 2016 to discuss the specific objectives listed in the Charter as adopted by the City Council, which are the following: ·Adhere to the Council’s decision to accept a five lane design ·Develop and suggest best design alternatives to promote safe biking and pedestrian travel ·Develop and suggest landscaping and lighting features to make an aesthetically pleasing and safe transportation corridor ·The plan should be developed to preserve property values and the historical significance of the homes within, and along, the corridor of the proposed project area. ·Assist City Staff in developing a design plan for approval by the City Council. The 6th Street Design Ad Hoc Committee held a meeting on December 1, 2016, and they made a recommendation that the 6th Street width should be five (5) lanes, with three 11’ inside lanes with the outside lanes being fourteen (14) feet wide. The committee also recommended that the street lighting design should be similar to the future lighting on 6th Street from 20th Avenue to 14th Avenue. The 6th Street Design Ad Hoc Committee recommendation letter is attached along with drawings of the recommended street layout and recommended lighting. Additional information is included for this discussion item, including maps of a shared use bike path option on either the north or south sides of 6th Street, the Bicycle Master Plan Community Engagement Report with information related to 6th Street, and a letter from the Brookings Bicycle Advisory Committee opposing the 6th Street Ad Hoc Committee recommendation. The City Engineering Department mailed a notice of this City Council meeting discussion to the property owners along 6th Street located between Main Avenue and Medary Avenue and the mailing list is attached. Fiscal Impact: Not determined at this time. City of Brookings Printed on 12/12/2016Page 1 of 2 powered by Legistar™ File #:ID 2016-0777,Version:1 Attachments: 6th St. Design Committee Recommendation Map - recommended lane option (three 11' lanes with two 14' outside lanes) Street Light pole (recommended) Street Light pole with Banner (recommended) Committee Minutes (unapproved) 12/1/2016 Committee Charter, adopted 2/9/2016 Mailing List BBAC Memo opposing recommendation, 12/8/2016 Map of 5-Lane Design with North side shared use path Map of 5-Lane Design with South side shared use path Excerpt from BB Master Plan Community Engagement Report regarding the 6th St. Recommendation Bike Master Plan Community Engagement Report 10/28/2016 BBAC Recommendation to Council for Protected Bike Lanes, 12/4/2015 City Council action to adopt BBAC Recommendation, 12/8/2015 Sustainability Council Letter - posted 12.12.2016 SDDOT Letter - posted 12.12.2016 City of Brookings Printed on 12/12/2016Page 2 of 2 powered by Legistar™ 6th Street Design Ad Hoc Committee Gregg Jorgenson, Chair Matthew Weiss, Vice-Chair Shayn Damm Joanie Holm John Howard Jamison Lamp Skip Webster DATE:December 6, 2016 MEMO:City Council Report FROM:6th Street Design Ad Hoc Committee Purpose The City of Brookings is committed to a high quality of life. Brookings strives to attain safe transportation routes, reasonable travel times, safe bike and pedestrian travel, and aesthetically pleasing transportation corridors.The Brookings City Council has concluded that five lanes is prudent for the Main to Medary segment of 6th Street. The Sixth (6th) Street Design Ad Hoc Committee will advise the City of Brookings and the South Dakota State Department of Transportation (DOT) on the design of 6th Street from Main to Medary to attain safe bike and pedestrian travel, and an aesthetically pleasing transportation corridor. Charter Objectives and Recommendations The 6th Street Design Ad Hoc Committee has discussed this project extensively and have the following recommendations to date: 1.Adhere to City Council’s decision to accept a five lane design: o This Committee strongly agrees that 6th Street should be a five lane design from Main Avenue to Medary Avenue. 2.Develop and suggest best design alternatives to promote safe biking and pedestrian travel: o It was the preference of the committee to promote bicycle travel on 5th Street and 7th Street as opposed to encouraging its use on 6th Street. This Committee recommends a street design of 3 –11-foot inside lanes with 2 –14-foot outside lanes consistent with what was installed previously from Main Avenue to Western Avenue with standard sidewalks on the north and south sides of the street. The 14-foot outside lanes would not only provide for better flexibility in the future but also allow bicyclists use of 6 th Street if they are comfortable with riding on the street and are subject to follow all standard traffic rules. o This Committee had reviewed and discussed the Brookings Bicycle Advisory Committee’s report and consultant recommendation. The concept of including a multi-use trail behind the curb was evaluated, however, the majority of the 6th Street Design Committee feels that bikes travelling behind the curb would not be as noticeable to the traffic turning off from 6th Street and would pose a significant safety risk. The multi-use path would also require additional right-of- way and subsequently, have an impact on the historical appeal of the downtown area of Brookings. o Use of 5th Street and 7th Street was discussed among the Committee, however, no recommendations were put forth in regards to incorporating bike paths as part of these streets pending approval of the City Council of the 6 th Street Design Ad Hoc Committee’s recommendation. 3. Develop and suggest landscaping and lighting features to make an aesthetically pleasing and safe transportation corridor: o Lighting design was discussed and this Committee feels that the lighting fixtures/poles should be consistent with those being installed as part of the improvements on the east end of 6th Street. Pole color should be black to match the poles on Main Avenue with the light color being similar as well. o Landscaping was only discussed briefly and no recommendations have been made yet pending approval of the City Council of the 6 th Street Design Ad Hoc Committee’s recommendation. 4. The plan should be developed to preserve property values and the historical significance of the homes within, and along, the corridor of the project area: 5. Assist City Staff in developing a design plan for approval by the City Council: Conclusion It is the recommendation of the 6th Street Design Ad-Hoc Committee that the City Council adopt the above mentioned recommendation. A copy of the minutes from our December 1, 2016 Committee meeting are attached for you use along with a map showing the recommended alternative and a road section. Upon this approval, the 6th Street Design Committee will proceed with landscaping and additional bicycle traffic recommendations. 1 6th Street Design Ad Hoc Committee December 1, 2016 Minutes (Unapproved) A meeting of the 6th Street Design Ad Hoc Committee was held on Thursday, December 1, 2016 at 11:00 a.m. in the Brookings City and County Government Center. Members present: Gregg Jorgenson, Shayn Damm, Jamison Lamp, Matthew Weiss, John Howard, and Skip Webster. Joanie Holm was absent. Jackie Lanning - City Engineer, Kevin Catlin – Assistant to the City Manager, Mike Struck-Community Development Director, and Brandon Riss – SDDOT, were also in attendance. Jorgenson called the meeting to order at 11:00 a.m. 2. Approval of the Agenda. A motion was made by Howard, seconded by Webster to approve the agenda. All present voted yes; motion carried. 3. Approval of the Minutes.A motion was made by Howard to approve the minutes with the following correction: In the 3rd to last paragraph, Weiss indicated that he felt the “outside” 14-foot lanes might be better for flexibility in the future (replacing the word “five” with “outside”), seconded by Webster. All present voted yes on the minutes as amended; motion carried. 4. Discussion on possible action on width of 5-lane street design and safety of bicyclists and pedestrians. Webster said there was good discussion at the last meeting and he said the committee was not moving quickly, but knows SDDOT is waiting for a vote on the lane widths. Webster said his biggest concern is still the safety aspect and he didn’t feel 6th Street was ideal for a bike path. He said he felt that 5th Street and 7th Street should be looked at. Webster said he also agreed that the 14 foot outside lanes seemed to be the best option for the lane widths. Weiss said the 14 foot outside lanes could be lined up with the area west of Main Avenue and the street east of Medary Avenue could be done later. Webster stated he recommended no bicycle paths on the sidewalk area on 6th Street. Weiss stated he was concerned that no matter what route was decided on, all the trees were going to be removed and it would destroy the aesthetics. He questioned “for some flexibility, should a bike lane be incorporated in the outside lanes?” Lamp reminded everyone that the bike master plan study showed that the community wants the bike path on 6th Street and are they doing their due diligence with taking their recommendation? Webster stated he felt that the Bike Committee/Bike Study didn’t look at the safety aspect during their study with traffic turning. Damm questioned “wouldn’t there be a safety issue on any street?” Webster said that there are 17,000 vehicles a day that travel 6 th Street and the number of vehicles on 5th Street and 7th Street is significantly less. Howard stated that based on all the concerns that have been brought forward regarding traffic safety and the proper alignment of the section from Main Avenue to Medary Avenue, everyone probably already had their mind made up and didn’t think any more discussion would change anyone’s mind. Howard made a motion to recommend to the City Council that the expansion include 14-foot outside lanes without a bike path. Lanning questioned if he recommended striping the outside lanes and he 2 stated no striping for the bike lanes. There was discussion that the sidewalks would be standard width on both sides of 6th Street. Weiss stated that people are going to bike on 6th Street only if they feel comfortable to do so. He said if they are going to ride on the street, they should know the rules and follow them and people are only going to ride where they feel comfortable. Damm asked if it would be a safer route to have a bike path up off of the street behind the curb. Weiss stated that wasn’t necessarily safer and was concerned about turning vehicles not seeing the bikes and vehicles were more apt to watch for bikers that are at street level. Webster stated in the interest of Holm not being in attendance, he recalled that she commented at the last meeting that she didn’t feel a bike path on 6th Street was the best option. Lanning said she had not received any information from Holm since the last meeting regarding Holm’s preferred design. Webster seconded Howards motion to recommend to the City Council that the expansion include 14- foot outside lanes without a bike path. All presented voted - 4 members in favor, 2 members against. MOTION CARRIED. 5. Discussion and possible action on lighting design recommendation. Lanning provided examples of two styles of lights proposed for 6 th Street, east of 20th Avenue. One option would be a pole with an acorn shaped lamp and the other would be a pole with a banner that would have the same acorn shaped lamp. Struck explained that the poles would be 20 to 30 feet in height unlike others that have been used on 6th Street that measure 50 to 60 feet high. Struck also explained that they were working with the lighting company to get the light with the best “light spread.” Howard inquired about the color of the light poles. Struck believed they would be a dark brown or bronze color. Jorgenson wondered what kind of light bulbs would be installed east of 22 nd Avenue. Struck and Riss weren’t sure if they would be LED or not. It would be dependent upon if they could get the light distribution they need from LED lighting. Weiss stated they should keep the historical feel in mind when making a decision, and wondered if the brown poles with the acorn lamp would be the best fit. Lamp stated that the lights should be black to match the downtown lights since they will be joining up with the lights at the intersection of Main Ave and 6th Street. Jorgenson stated he would also like to see the bulbs be the same color as downtown. Riss stated that DOT hadstandards that had to be met for lighting, so spacing of poles and the type of bulb would be considered. Lanning stated any lighting or landscaping upgrades would need to be decided by the City Council and they would determine if there were funds available to budget for those items. Lamp made a motion to recommend that the lighting be the acorn style lamp on a black pole with a yellowish color bulb to match the lighting on 6th Street east of 20th Avenue. Howard seconded the motion. All present voted - 6 members in favor, 0 against. MOTION CARRIED. 6. Discussion on possible action on landscaping design recommendation. Riss stated that if the boulevard width was 4 foot or less in any section, then he would recommend a colored concrete and they could also add a design to the concrete. He said that 4 foot of boulevard or less just wasn’t a sufficient width for tree plantings. Riss also explained that there would be some sections near the west end of the project that would allow for grass but the east end would be all or mostly concrete. Lanning showed the drawings to the committee with the boulevard widths. Riss explained that 6th Street west of 3 Main Avenue has a wider boulevard on the south side, and the street is not centered in the right-of-way. Struck recalled that DOT had stated that if there were areas that the boulevard was wide enough for trees, they would need to request tree plantings to DOT with a “right to occupy” permit. DOT would have to determine if it would be possible and approve the permit and tree plantings. Lanning stated that on other City streets, the City determines if trees can be planted in the boulevard and what type can be planted. Jorgenson asked if the City could work with the property owners to decide what type of trees could be planted. Howard wondered if recommending a “right to occupy” permit would be the best route to go right now. He said then a decision wouldn’t need to be made on the landscaping at this time. Jorgenson asked if this item could be tabled until a later date. Riss stated that that would be fine as the DOT wouldn’t move forward with design until after the City Council approved the recommendations of the 14-foot outside lanes with no bike path or made a different decision. Webster made a motion to table this item to a future meeting. Howard seconded the motion. All members present voted - 6 members in favor, 0 against. MOTION CARRIED. 7. Next scheduled meeting will be January 5th, 2017 at 11:00 a.m. Meeting adjourned at 12:10 p.m. Purpose: Proposed Charter City of Brookings SO 6th Street Main to Medary Design Ad Hoc Committee The City of Brookings is committed to a high quality of life. Brookings strives to attain safe transportation routes, reasonable travel t imes, safe bike and pedestrian travel, and aesthetically pleasing transportation corridors . The Brookings City Council has concluded that five lanes is prudent for the Main to Medary segment of 6th Street. This Committee will advise the City of Brookings and the South Dakota State Department of Transportation (DOT) on the design of 6th Street from Main to Medary to attain safe bike and pedestrian travel, and an aesthetically pleasing transportation corridor . Specific Objectives: • Adhere to the Council 's decision to accept a five lane design . • Develop and suggest best design alternatives to promote safe biking and pedestrian travel. • Develop and suggest landscaping and lighting features to make an aesthetically pleasing and safe transportation corridor. • The plan should be developed to preserve property values and the historical significance of the homes w ithin , and along , the corridor of the project area . • Assist City Staff in developing a design plan for approval by the City Council. The proposed design will be presented to the City Council to act upon . The Council may accept all , a port ion of, or none of the proposed des ign. The design could be a range of options for the Council to consider . Membership Voting Members appointed by Mayor with Council consent. • Up to seven members selected from the following o Citizens-at-large o Architects o Historic Preservation Commission o Bicycle Advisory Committee o Sustainability Council o Traffic Safety Committee o Transportation Steering Committee City staff per the direction of the City Manager will staff the Advisory Committee. Expectations of members : • Adhere to the City 's Code of Ethics • Adhere to City Meeting Policies ParcelId Owner Property Address 400350000000700 T & T Real Estate LLC 526 Main Ave 403650020000600 Mt Calvary Lutheran Church 825 6Th St 403650030000400 CALA LLC 711 6Th St 403650030000500 CALA LLC 715 6Th St 403650030000600 CALA LLC 721 6Th St 403650030000700 Rief Properties II LLC 725 6Th St 403650020000100 R & D Masson Family Trust 803 6Th St 403650030000100 Kelly Coull 703 6Th St 403650030000300 Strandell Holdings LLC 707 6Th St 403650010000100 Calder Eschenbaum 901 6Th St 403650020000200 R & D Masson Family Trust 805 6Th St 403650020000300 Cynthia Masson 811 6Th St 403650020000400 Wade Price 817 6Th St 404550050001500 R & B Properties LLC 621 6Th St 404500010000100 Brookings Savings & Loan Assoc 600 Main Ave 404500010001500 TB Partnership LLC 603 5Th Ave 405300110000100 First United Methodist Church 527 7Th Ave 401050000000100 Hydeaway LLC 418 6Th St 405300130000400 TB Partnership LLC 414 6Th St 405300110000300 First United Methodist Church 616 6Th St 405300110000500 Brookings Developers Inc 606 6Th St 404500010001605 TB Partnership LLC 415 6Th St 405700010000100 St Pauls Episcopal Church 726 6Th St 405700010000500 Jihong Cole-Dai 712 6Th St 405700030000700 Cokato Inc 902 6Th St 405700010000700 Clark Sexton 702 6Th St 405700030000500 Cokato Inc 912 6Th St 405700030000600 Cokato Inc 908 6Th St 404500010001600 TB Partnership LLC 419 6Th St 404550040000100 Newman Enterprises Inc 503 6Th St 404550040000200 Stuart Webster 511 6Th St 404550040001500 Paul Moriarty 521 6Th St 404550040001605 The Four Sisters Inc 517 6Th St 404550050000100 David Kneip 601 6Th St 404550050000200 David Kneip 605 6Th St 404550050000300 David Kneip 611 6Th St 405700020000100 Sally Damm 525 9Th Ave 405700020000300 Amy Smith 816 6Th St 405500010000100 Sandra Moore 927 6Th St 405500010000600 Robert Flint 907 6Th St 405300120000100 First Bank & Trust 520 6Th St 405700010000600 Vine Street Properties LLC 706 6Th St 405700010000300 Alan Davis 718 6Th St 405500010000400 Joann Perso 917 6Th St 405700020000500 Joel Hefling 812 6Th St 405700020000700 TB Partnership LLC 524 8Th Ave 405700020000600 Joel Hefling 806 6Th St 405700030000100 Cokato Inc 916 6Th St Mailing Address In care of City, State,Zip 526 Main Ave Brookings SD 57006 629 9th Ave Brookings SD 57006 617 8th Ave Brookings SD 57006 617 8th Ave Brookings SD 57006 617 8th Ave Brookings SD 57006 1339 Wahpeton Pass Brookings SD 57006 414 E Illinois St % Trappor Masson Spearfish SD 57783 703 6th St Brookings SD 57006 160 S Lake Dr Watertown SD 57201 901 6th St Brookings SD 57006 414 E Illinois St % Trappor Masson Spearfish SD 57783 PO Box 398 %Cynthia Bode Lake Preston SD 57249 1620 24th St S Brookings SD 57006 3721 16th Ave W Brookings SD 57006 600 Main Ave %Metabank Brookings SD 57006 611 6th St Brookings SD 57006 625 5th St Brookings SD 57006 4110 Wild Meadow Dr Hamel MN 55340 611 6th St Brookings SD 57006 625 5th St Brookings SD 57006 PO Box 582 Brookings SD 57006 611 6th St Brookings SD 57006 726 6th St Brookings SD 57006 712 6th St Brookings SD 57006 916 6th St Brookings SD 57006 702 6th St Brookings SD 57006 916 6th St Brookings SD 57006 916 6th St Brookings SD 57006 611 6th St Brookings SD 57006 503 6th St Brookings SD 57006 7040 Sunset Rd Brookings SD 57006 PO Box 705 Brookings SD 57006 520 Medary Ave % Georgianna Perso Brookings SD 57006 1218 6th St Brookings SD 57006 1218 6th St Brookings SD 57006 1218 6th St Brookings SD 57006 525 9th Ave Brookings SD 57006 816 6th St Brookings SD 57006 1430 Yellowstone Dr Brookings SD 57006 907 6th St Brookings SD 57006 PO Box 5057 Attn: Sandra Bruinsma Brookings SD 57006 PO Box 500 Brookings SD 57006 718 6th St Brookings SD 57006 917 6th St Brookings SD 57006 812 6th St Brookings SD 57006 611 6th St Brookings SD 57006 812 6th St Brookings SD 57006 916 6th St Brookings SD 57006 48 6TH STREET (US HIGHWAY 14) RECOMMENDATION Due to the planned reconstruction of 6th Street between Main and Medary Avenues by the South Dakota Department of Transportation (SDDOT), there is an opportunity to include a bicycle facility. From the community engagement surveys, a smaller number of people currently ride on 6th Street. However there is a high desire by people to ride on 6th Street, as shown in Figure 41. Figure 41 Maps showing where people currently ride (on the left), and where they would like to ride (on the right). 6th Street reconstruction limits are between the red arrows. The current option for a bicycle facility presented by SDDOT is a shoulder shown in Figure 42. Figure 42 On-street bicycle lanes (3’ shoulders + 2’ gutter pans) are shown in this proposed typical section. Feedback from the community indicated that on-street bicycle lanes are uncomfortable for most people (see Figure 20 on page 28 and Figure 27 on page 32). As a result, a protected bicycle facility such as a shared-use path on one side of the street is recommended. While one-way protected bike lanes are also 49 an option (recommended by the Brookings Bicycle Advisory Committee and subsequently adopted by the Brookings City Council)1, a two-way path affords greater opportunity to achieve a boulevard of sufficient width to store snow, place street furniture, plant trees, and include a clear zone for a shared- use path. It may be necessary to complete a detailed evaluation of north or south side placement of a shared-use path. Decision criteria may include:  Destinations along each side of 6th Street, including parks and businesses 1 “The BBAC recommends that the City Council consider adopting the following standard, with immediate focus for 6th Street and future considerations for 22nd Avenue and Main Avenue South: Major Arterial - All major arterial streets in the city of Brookings should include protected bike lanes at a minimum of 4’ wide. Protected Bike Lane - A bicycle lane that is physically separated from motor vehicle traffic by a permanent barrier. Purpose: The BBAC feels strongly that it should create a culture which encourages bicyclists’ use of 6th street and other major arterials. Creating bicycle lanes on 6th Street greatly enhances the greater Brookings Bicycle Network. Additionally, adding protected lanes to major arterials would greatly increase the percentage of arterial streets with bike lanes and the total bicycle network mileage to total road network mileage. Both categories need strong improvements and consideration as we strive for a Silver Bicycle Friendly Community Designation from the League of American Bicyclists. Furthermore, creating protected bicycle lanes on 6th Street would promote ridership. This is the most critical metric as we strive for a Silver Bicycle Friendly Community Designation from the League of American Bicyclists. The figure below shows how bike traffic changed after one year with a protected lane. The results are staggering. This infographic was developed from data contained in a report from the National Institute for Transportation and Communities - Lessons from the Green Lanes: Evaluating Protected Bike Lanes in the U.S.. Conclusion: We recommend the City Council adopt these recommendations. We believe that 6th Street, if it included protected bicycle lanes, would not need to be placed on a road diet and could remain as a five-lane road.” 50  Connectivity to the overall bicycle network  Level of comfort regarding the number of driveways  The number of turning conflicts with perpendicular streets  Economic development potential The design features of a shared-use path running next to a major thoroughfare should include mechanisms to raise visibility between motorists and bicyclists (such as high visibility marked crossings – see Figure 43) as well as consideration for how bicycle riders will transition from east-west travel along 6th Street to north-south travel along future perpendicular bicycle routes. Figure 43 A shared use path crossing in Madison, WI is marked with green paint and a bicycle push button and signal, to reduce conflict between motorists and bicyclists. 1 Community Engagement Report Engagement Strategies, Participant Interactions, and Key Findings September 2016 Figure 1 Bicycle parked outside the Brookings Activity Center during the community workshop on September 14, 2016 2 Contents EXECUTIVE SUMMARY .................................................................................................................................................. 3 Introduction ........................................................................................................................................................................ 4 Strategies for Engaging Brookings Community Members ........................................................................................ 6 Strategy 1: Listening Sessions ..................................................................................................................................... 7 Strategy 2: Community Workshop ......................................................................................................................... 10 Strategy 3: South Dakota State University Event ................................................................................................ 17 Strategy 4: Online Surveys and Interactive Maps ................................................................................................ 18 Strategy 5: Promotion and communications ......................................................................................................... 20 Participant Interactions .................................................................................................................................................. 21 Bicycling Habits ............................................................................................................................................................ 21 Gender ........................................................................................................................................................................... 22 Age .................................................................................................................................................................................. 22 Race ................................................................................................................................................................................ 23 Key Findings ...................................................................................................................................................................... 24 Theme 1: Education for everyone ........................................................................................................................... 25 Theme 2: Comfortable and convenient bikeways ............................................................................................... 27 Theme 3: Bicycling and the economy ..................................................................................................................... 38 Theme 4: Prioritizing the Bicycle Network .......................................................................................................... 40 Origins/destinations ............................................................................................................................................... 42 Problem areas .......................................................................................................................................................... 43 Routes I currently Ride ......................................................................................................................................... 44 Routes I would like to Ride .................................................................................................................................. 45 Bicycle Parking ......................................................................................................................................................... 46 Draft Bicycle Master Plan Outline ...................................................................................................................... 47 6th Street (US Highway 14) Recommendation ................................................................................................ 48 3 Executive Summary In September 2016, nearly 900 participant interactions took place to inform the Brookings Bicycle Master Plan:  80 people signed in at the Community Workshop on September 14  58 people participated in activities at SDSU  41 people engaged in hour-long listening session discussions  515 people completed the online survey  200+ people used the online interactive map Throughout the process, 600 people told us about their bicycling habits:  42 people (7%) never ride a bicycle  227 people (37%) ride a few times a month or less  225 people (36%) ride a few times a week  107 people (17%) ride at least once a day Themes which emerged during the process included:  There is a need for more bicycle-related education. While the Brookings School District is a leader when it comes to educating youth about bicycle riding, there are gaps for K-3 and SDSU students. Adults also need education, especially regarding the interaction between driving and bicycling.  People are most comfortable riding on bicycle facilities which have separation with automobile traffic. No matter the riding habits of participants, people heavily favored riding on shared use paths and other types of bicycle facilities with physical separation.  Bicycling can help the local economy. Many participants discussed ways in which bicycling could contribute to economic activity. From catering to out-of-town visitors, to improving the health of workers at large employers, bicycling will improve the economic vitality of Brookings.  Bicycle facilities need to be improved, particularly along busy thoroughfares. Participants consistently expressed a desire to be able to ride along Brookings’ busiest streets, such as 6th Street, 22nd Avenue, Main Avenue, and Medary Avenue. Existing problem spots are also concentrated in heavily trafficked locations. Bicycle parking is most needed in business-related locations throughout Brookings. Downtown was the number one location (cited 140 times), followed by Hy-Vee, strip malls, various city parks, and Wal- Mart. The results of community engagement have aided the project team about which elements to include in the forthcoming Draft Bicycle Master Plan. These include design guidelines for various bicycle facility types, as well as policies and programs to improve the bicycling environment. These results have also helped to inform a recommendation for the planned reconstruction of 6th Street (US Highway 14) between Main Avenue and Medary Avenue. Based on respondents’ preferences to bicycle on busy thoroughfares using facilities with greater separation, a multi-use trail is recommended. 4 INTRODUCTION The purpose of the community engagement report is to summarize the approach to and results of engaging the community members around the Brookings Bicycle Master Plan in September 2016. The themes that emerged from the voices of community members will tee up the focus areas for further analysis and recommendations in the plan. A successful bicycle master plan must have stakeholder input and buy-in for the final recommendations and priorities. This begins by relying on community member input to determine what problems need to be solved, and generate solutions. This also involves assessing the priorities of community members to ensure plan recommendations are in response to the issues identified by community members as well as those responsible for working toward implementation. Figure 2 Illustration of plan development process: community input informs key findings which lead to recommendations and implementation strategies In September 2016, there were over 1,000 participant interactions that resulted in recorded input. For a community the size of Brookings, this is a relatively high rate of participation and does not include passive participation such as website clicks, reading an article about the plan, or listening to a presentation. The participants represented a range of bicycling habits which helps account for potential bias about the various topics. Finally, the community input resulted in the detection of patterns in a number of topics, specifically summarized into four key themes: education, facility comfort, the local economy, and a vision for a connected, safe, and convenient network. Community Engagement Report Community input Key findings Recommendations Implementation strategies 5 Figure 3 Approximately fifteen community members shown conversing, reviewing materials, and marking up maps inside the Brookings Activity Center during the community workshop on September 14, 2016 6 STRATEGIES FOR ENGAGING BROOKINGS COMMUNITY MEMBERS The Brookings Bicycle Master Plan is intended to reflect the vision and goals of the community as a whole, not just those who explicitly identify as a “bicyclist”. By uncovering the issues and ideas from community members with indirect interest in bicycling, the plan recommendations will better reflect more universal Brookings values and priorities. For example, while a director of a wellness program at a large employer may not identify as bicyclist, there are many reasons she or he may have a financial interest in increasing bicycling trips for insurance costs, a healthy and alert workforce, and employee retention. Oftentimes communities have widespread interest in bicycling, but limited time to devote to meetings and volunteer opportunities, making it difficult to gauge public opinion through conventional public meetings. Making engagement easy, tailored, inviting, and fun helps reach people who may care, but who are generally less vocal on a single issue like bicycling. It was important for the project team to use a range of strategies to solicit feedback from community members. This section summarizes the strategies used to engage a range of community voices, why the strategies were selected, and how input was recorded. Subsequent sections depict the participant interactions in greater detail as well as the key findings. 7 Strategy 1: Listening Sessions In September, Toole Design Group conducted a series of listening sessions. The goals of the listening sessions were to learn about the varying perspectives of stakeholders, generate initial buy-in, and identify partnership opportunities for the Brookings Bicycle Master Plan. City staff assisted with targeting invitations to people associated with specific groups either based on personal interests or professional expertise. TDG staff facilitated the listening sessions with a general focus on three key pieces of information: what is working well for bicycling in Brookings, what is not working well for bicycling in Brookings, and what ideas people have for improving the bicycling environment. The following sections summarize the participant groups and key themes from the conversations. The listening session information informed the key findings summarized in greater detail later in the report. COFFEE GROUP PARTICIPANTS The project team sought to engage community members who don’t identify explicitly as bicycle stakeholders, or who may not have general buy-in for the development and implementation of the Brookings Bicycle Master Plan (Plan). Based on initial discussions with the Brookings Bicycle Advisory Committee and City staff, it seemed concerns about the Plan lie mainly with individual citizens rather than a formal group. In order to reach these community members, the project team invited 20 community members who regularly meet for coffee who may be interested in telling the project team their concerns. The main purpose of this listening session was to listen and record the top concerns people have about the initiative. Three community members attended the coffee chat at Perkins Restaurant on the morning of September 15, 2016. Key themes from the conversation include:  A need for education and respect to achieve safety in the community from all members  Pride in the education and bicycling rates of school children  Trails are valued  High speed and traffic roadways are problematic  Cost should be carefully considered CITY STAFF In addition to community outreach, the project team invested in conducting “inreach” with potential/future implementers of the Plan early in the plan development process. Sometimes, priorities and recommendations that develop in a bicycle master plan process involve changes to the way staff are accustomed to doing things in their department. For example, as a result of the community engagement process, a Plan recommendation may be to install a type of bicycle facility that hasn’t been used in the community before. This type of recommendation may raise concerns with staff regarding budget, maintenance, materials, and design guidance. Discussing internal staff concerns regarding implementation early in the process can give the project team a head start on developing ways to address concerns in the planning process. Additionally, in some cases it can help guide the project team in their messaging about challenges or opportunities with particular policy, project, or program recommendations. For these reasons, the project team convened staff most likely to be impacted by recommendations from the Bicycle Master Plan to learn about their ideas, concerns, and questions. 8 This listening session had staff representation from the city engineer, community development director, parks and forestry director, street superintendent, and the police chief. In addition, the city manager participated in an interview with the project team. Key themes from the conversation include:  Interdepartmental coordination is already well established between parks, community development, engineering, enforcement and maintenance in other areas.  The trails system is well-used, but underfunded for maintenance.  Safety education in public schools is strong.  Education is needed for both drivers and bicyclists.  There is a recognition of an increased interest in bicycling in the community.  Parking is a contentious topic, and has history seated in bicycle-related initiatives.  Expectations should be managed in a realistic manner.  There is opportunity/challenge to encourage developers to invest in bicycle infrastructure.  An updated bicycle map is needed.  There is a need for bicycle design guidelines.  Pragmatic and prioritized recommendations would be highly welcomed by staff to ensure strategic resource allocation and buy-in. LARGE EMPLOYERS Based on discussions with City staff as well as BBAC members, the project team engaged large employers in the community in a listening session to gain a better understanding of what opportunities they view for increasing bicycling participation. Representatives from Daktronics, 3M, Larson Manufacturing, Swiftel Center, SDSU Facilities Management, and Brookings Health System participated in the listening session. Key themes from the conversation include:  The nature trail, pump park, a long bicycling season, bicycle shops, and bicycle rentals are highly valued as community assets.  Large employers recognize the strong role bicycle-friendliness plays in employee retention and employee health (resulting in lower insurance costs).  Bicycle facility comfort and connectivity need improvement to achieve higher rates of bicycle commuting.  Crossing I-29 to reach large employment centers is a large barrier for bicycle commuting.  Education is needed for both drivers and bicyclists to encourage mutual respect. CHAMBER AND VISITORS’ BUREAU The project team facilitated a listening session focused on the challenges and opportunities expressed by businesses and economic development professionals. These perspectives can be influential in the level of buy-in from the community and can benefit from two-way conversations about how increases in bicycle investment have played out in other communities. Representatives from the Chamber board, the Downtown Brookings, Inc., the Hampton Inn, the activities director for schools, and the Swiftel Center participated in the listening session on September 14. Key themes from the conversation include: 9  Encouragement events such as the mayor’s bike ride, Arts in the Park, and biking to sporting events are transformative for raising awareness about bicycle assets in the community.  Wayfinding, signage, and an updated bicycle map would make a huge difference for encouraging visitors and community members to bicycle, and to attract business.  There are currently people who bring bikes to the Hampton Inn to bicycle into town, but there is a lot of opportunity to further encourage and accommodate those trips.  Economic value of investing in bicycling is recognized by Downtown businesses (as long as parking isn’t removed).  There is interest in bike share as an economic development catalyst with a market from visitors who may not bring a bike to town, but want to experience Brookings by bicycle. SCHOOL FACULTY, STAFF, AND PARENTS Engaging community members who work with children and parents in a listening session was intended to generate ideas for the plan. The project team met with bicycle education experts from an after school program, two public schools, and the Hillcrest PTA. Key themes from the conversation include:  Existing trails in the nature park, Indian Hills, and quiet residential streets are suitable for bicycling, but lack of connectivity is a problem.  There is a sense of pride from community members around seeing larger groups of children on bicycles, especially with bicycle safety education integrated into the school curriculum.  There are safety issues at arrival and dismissal.  City staff and the Police have been responsive to safety requests regarding maintenance and crossing assistance.  While Safety Town and 4th-8th grade bicycle education is strong, there is a gap for younger elementary school children.  Income disparities should be considered in program funding.  More staff and bicycles are needed for bicycle programs in P.E. class. BROOKINGS BICYCLE ADVISORY COMMITTEE After the other listening sessions, the community workshop and the SDSU event, the project team facilitated a discussion with the BBAC members, liaisons, and volunteers to get a read on how community engagement was going so far, and what their key takeaways were. Key themes from the conversation include:  A positive response to the community engagement process including engagement of a range of community members to increase buy-in and unveil broad support in the community.  Importance of addressing respect between drivers and bicyclists and the need for education.  A desire to address recreation and transportation bicycling.  A desire for a new, better bicycle map.  Connecting major destinations such as businesses west of I-29, Downtown, and campus with comfortable bicycle facilities.  Addressing the comfort and safety of a range of bicycle riders (children, grandparents, avid, etc.). 10 Strategy 2: Community Workshop On September 14, 2016, the project team hosted a community workshop at the Activity Center, with 80 people in attendance. The purpose of the workshop was six-fold. 1. To solicit input on what bicycle routes people would like improved in the community (and to provide the project team with a sense of the top priorities). Participants each received their own paper map of the existing bicycle network in Brookings and were invited to draw four pieces of information:  Routes I ride  Routes I would like to ride  Problem areas  Destinations The information on the maps were digitized by the project team and contributed to the summary maps later in this report. Figure 4 Two adults and two children draw on paper maps indicating routes they currently bike, and routes they would like to bike at the Brookings Activity Center during the community workshop on September 14, 2016 11 2. To understand which bicycle facility types would make community members feel most comfortable when bicycling (and indicate what facilities would result in higher use). Participants were provided a set of stickers to place on a comfort rating scale on a series of posters around the activity center by finishing the sentence with one of four options “This route is…  So comfortable  Comfortable  Comfortable enough  Not comfortable Figure 5 Two children place stickers on posters to indicate their bicycle comfort level on a series of posters in the Brookings Activity Center during the community workshop on September 14, 2016 The project team totaled the results to provide a sense of which facilities would make the most difference to community members. Because people were given stickers color-coded to match their current bicycle riding habits, facility comfort ratings are sorted by the current riding habits 12 of the participant. This helps the project team detect differences in preference by user type. The major finding is that the facility comfort increases with physical separation from traffic. Results are discussed in greater detail in a later section of the report. 3. To discuss bicycle education campaign options (and generate ideas for message and tone for potential education campaigns to reflect the needs of the community). Participants viewed six examples of bicycle education posters and selected their favorite and to record a few words about why they liked that one. Figure 6 Four community members examine sample bicycle education campaign posters at the Brookings Activity Center during the community workshop on September 14, 2016 The project team tallied the results to determine which characteristics in message and tone might be most effective for Brookings, and summarized key findings later in this report. The high-level finding is that community members prefer straight-forward messages that emphasize the need for mutual respect. Results are discussed in greater detail in a later section of the report. 13 4. To generate a list of potential future bicycle parking locations. Participants were asked to view a poster of bicycle parking styles to get them thinking about bicycle parking options around the community. Then, they recorded addresses, landmarks, and intersections where they thought more bicycle parking was needed. Figure 7 One community member writes bicycle parking location ideas on a bicycle parking poster in the Brookings Activity Center during the community workshop on September 14, 2016 14 The major findings were that people indicated a need for parking at parks, businesses, and schools. The project team compiled the bicycle parking locations into a list, discussed later in this report. 5. To uncover other themes around the strengths and challenges of bicycling in Brookings through conversation, both written and spoken. To engage community members in conversations with each other around bicycling (and strengthen connections around common goals and new partnerships). Because the community workshop was structured to be an open house with space for conversation, there was ample opportunity to ask questions, meet new people, and have discussions. In addition, participants could write open responses on their worksheets to hand in, or write their thoughts on a conversation wall. Figure 8 A child writes their comments about bicycling in Brookings on the "comment wall" in the Brookings Activity Center during the community workshop on September 14, 2016 The project team summarized the conversation themes from the open responses on the wall in key themes, integrating the results summarized below. In addition, the project team asked staff 15 and BBAC members who volunteered at the workshop what they heard from community members. The major findings of this activity were celebration of trails, the pump park, and a need for education. More detailed results are discussed later in this report. 6. To encourage participation regardless of current bicycle riding habits. The event was strategically located centrally at the Brookings Activity Center near the library, government center, Main Avenue, and children’s museum. Snacks, children’s activities, and bicycle safety checks were advertised ahead of time to demonstrate all ages and abilities were welcome. In addition, City staff closed down the parking lot to make space for a strider bike obstacle course, decorate a tent with flags, chalk the pavement, and draw people in who were passing by. In order to track who was reached, participants were asked to identify their riding habits. They were then given color-coded stickers so that responses on worksheets and posters could be sorted by rider type. Worksheets also provided a space for people self-identify their age, gender, and racial identities. A summary of participant characteristics is included later in this report. Figure 9 City staff and bicycle shop volunteers converse next to a children's bicycle obstacle course in the parking lot outside the Brookings Activity Center during the community workshop on September 14, 2016 16 Figure 10 A BBAC member welcomes two adults and three young children to the community workshop at the Brookings Activity Center on September 14, 2016 17 Strategy 3: South Dakota State University Event On September 15, 2016, the project team tabled at South Dakota State University in the Student Union to engage students, staff, and faculty. The activities were identical to the community workshop, but condensed into smaller posters. At least 58 people participated in at least one activity at the event. Figure 11 Three students draw on maps and fill out paper surveys while two volunteers assist in the SDSU student union on September 15, 2016. 18 Strategy 4: Online Surveys and Interactive Maps For the entire month of September, an online survey and interactive map were promoted to Brookings community members. The online survey asked about the same topics of the community workshop. The survey was visited over 700 times, with 515 people completing the entire survey. The online interactive map had over 200 users. The results of the survey and online interactive map are included in the summary later in this report. Figure 12 A screen capture of the online survey showing a multiple choice question about comfort level on a buffered bike lane 19 Figure 13 A screen capture of the online interactive map that displays the options to mark routes I currently ride, routes I'd like to bike, trip origin/destinations, and problem areas 20 Strategy 5: Promotion and communications While receiving and recording input from community members is critical to authoring a community-led plan, raising awareness is a valuable strategy for engaging the public. While some people may not choose to weigh in, it is important to raise awareness of the existence of the plan, its purpose, and its effect on the future of the community. Raising awareness early in the planning process helps to uncover concerns and garner enthusiasm. The project team implemented a robust communications plan with messages about the plan. The following table summarizes the communications used. Figure 14 A summary of communications strategies for the September 2016 engagement with specific actions for the listening sessions, community workshops, online activities, and general communication Targeted posters Personalized, targeted emails 100 posters throughout downtown, campus, businesses, restaurants Elementary school take-home flier (1,700+ students) Emailed listening session invitees Press releases (two) Facebook posts (nine) Chamber email newsletter City website City Council formal invitation (September 13) Ads in Brookings Register (two) Ads in Town & Country Shopper (two) Newspaper articles (three) Yard signs (fourteen) Email to listening session invitees Email to City of Brookings employees Facebook posts (seven) Paid Facebook boost (final week of survey) Chamber email newsletter City website City TV Channel Newspaper article Mayor's Ride announcements Optimist Club Presentation Million Cups Presentation General Survey and Interactive Map Community Workshop Listening Session Invitations 21 PARTICIPANT INTERACTIONS In the month of September, nearly 900 interactions were recorded in the Brookings Bicycle Master Plan engagement process either online or in person.  80 people signed in at the Community Workshop on September 14  58 people participated in activities at SDSU  41 people engaged in listening sessions  515 people completed the online survey  200+ people used the online interactive map In all in-person and on-line engagement events (except the listening sessions), participants were asked to self-identify their bicycling habits, race, age, and gender. This helped the project team to get a sense of who was being reached in the community, and to detect differences in response by personal identity. Bicycling Habits Figure 15 Bicycling habits of 601 participants during engagement in September 2016 7% 37%36% 17% 0 50 100 150 200 250 never. a few times a month or less. a few times a week. at least once a day. How often do you ride a bicycle? never. a few times a month or less. a few times a week. at least once a day. 22 Gender Figure 16 Gender of participants in engagement activities in September 2016 Age Figure 17 Age of participants in engagement activities in September 2016 Female 53% Male 46% Unique Response 1% What is your gender? 12‐17 0% 18‐24 11% 25‐34 35%35‐44 26% 45‐54 15% 55‐64 9% 65‐74 4% 75+ 0% What is your age? 23 Race Figure 18 Racial identities of participants in engagement activities in September 2016 0.5%1.1%0.5%1.1% 1.1% 95.7% 0 50 100 150 200 250 300 350 400 African American Asian Indigenous Latino Multiracial White Participant Self‐Identified Racial Identities 24 KEY FINDINGS This section summarizes the key findings from the community engagement process in September. Successful plans are based on listening to and addressing community priorities – that includes strengths, weaknesses, opportunities, and challenges that can’t be uncovered with multiple choice questions. Open-ended responses, public discourse, and focused listening sessions are where the project team uncovered honest, candid, and sincere priorities that differ from community to community. Successful plans are also strategic and spell out clear priorities. Public input is intended to serve not as a catchall for every item the community desires, but is most effective when the input drills down to the most important actions. When a sense of priority is revealed through public engagement, it is easier to prioritize and invest strategically for city staff who are faced with decisions about how to spend limited resources most effectively. This section highlights the key findings from the open conversations conducted in September paired with high-volume responses to supporting questions. Each theme in the key findings includes information about where the information came from: workshops, conversations, listening sessions, Wikimap, and online surveys. 25 Theme 1: Education for everyone Through listening sessions with a range of community stakeholders, it is clear that Brookings values education. Brookings community members recognize the positive impact of the current bicycle education curricula in 4th-8th grades. Even community members who do not frequently ride a bicycle shared a sense of pride in the children of Brookings for bicycling safely and responsibly. At the same time, the need for more education was a prolific theme. From a school-age perspective, Safety Town for preschool-aged children is valued, as is the curricula for 4th-8th graders. However, a gap remains for K-3, SDSU students, and adults. The need for more education emerged before the September community engagement process began. In discussion with the Brookings Bicycle Advisory Committee and City staff, the project team learned about dangerous driving and bicycling behavior and the challenge of new students every year at SDSU. While enforcement was brought up, the need for education was by far the most prominent suggestion for improving behavior. Participants zeroed in on a few suggestions for improving bicycle education, such as television ads, online videos, and radio PSAs. In anticipation of this theme, the project team floated six sample bicycle education messages from around the country to gauge what might be a good direction for Brookings. Participants selected the image they found most appealing (see Figure 19). The most popular images were those with simple, clear messages, aimed at both bicycle riders and auto drivers. These top preferences indicate that a message about shared responsibility will be received most positively throughout the community. 26 Figure 19 Summary graph of participant preferences for six sample bicycle education messages 27 Theme 2: Comfortable and convenient bikeways In order to create a bicycle-friendly community, the comfort of bicycle facilities needs to be considered for a range of riders. Sometimes a quiet, neighborhood street requires only minor adjustment to make it comfortable for people of all ages and abilities. Other times, a busy roadway feels so uncomfortable that the majority of people may never ride a bicycle. For example, many listening session participants expressed dissatisfaction with the sharrow treatments, expressing that they didn’t provide the level of comfort that would encourage less-experienced bicyclists to use the route. In addition, participants described the tension that arose around removing on street parking. As Brookings identifies its priority bicycle network, the City needs to hear from community members about what types of bicycle facilities will encourage use. This will help the City to prioritize its infrastructure investments effectively. In addition to determining which facilities will make the most impact on increasing bicycle ridership, participants communicated that it is important to problem-solve potential conflicting interests. The most highly discussed issue with implementing bicycle facilities was on-street parking. Removing parking is not something most community members support, so ensuring design options for comfortable bicycle facilities balance the desire for on-street parking is something the bicycle plan should address. Other examples of design details and implementation challenges to plan for include lighting on trails, gravel/sand and other maintenance issues, and prioritizing those aspects so City staff can put their limited resources to the top priority areas. In order to understand which facilities are most likely to serve all ages and abilities, the project team included the option “comfortable enough to ride with kids” when asking participants to evaluate a series of facilities. This information will help to serve the most community members. The following graph displays the percent of participants that rated each facility as such. 28 Figure 20 Summary graph of what percentage of respondents rated nine bicycle facilities as "comfortable enough to bike with kids" In the pages that follow, there are a series of nine images with graphs indicating the comfort rating by rider type. This information indicates which facilities are most likely to encourage bicycling for both the community as a whole, and for people who ride at different rates. 5%5% 43% 20% 41% 67% 89% 77% 90% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% UNMARKED SHARED LANE SHARED LANE MARKINGS BICYCLE BOULEVARD BIKE LANE BUFFERED BIKE LANE SEPARATED BIKE LANE with flexposts SEPARATED BIKE LANE with parking, curb, and landscaping TWO‐WAY SEPARATED BIKE LANE SHARED‐USE PATH Percent of Respondants who rated facility "comfortable enough to bike with kids" 29 UNMARKED SHARED LANE An unmarked shared lane is a roadway designated as a preferred route for riding bicycles. It often does not require any modification to the roadway. Figure 21 Unmarked shared lane Figure 22 Graph summarizing participant comfort ratings of unmarked shared lane 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% too uncomfortable to ride uncomfortable but manageable comfortable by myself comfortable with kids% of respondants (by riding frequency)Unmarked Shared Lane never. a few times a month or less. a few times a week. at least once a day. 30 SHARED LANE MARKING A shared roadway with pavement markings providing wayfinding guidance to bicyclists and alerting drivers that bicyclists are likely to be operating in mixed traffic. They also are intended to alert drivers that bicycle riders may need the full lane. They may be used with “Bicyclists May Use Full Lane” sign. Figure 23 Image of shared lane marking Figure 24 Graph summarizing participant comfort ratings of shared lane marking 0% 10% 20% 30% 40% 50% 60% too uncomfortable to ride uncomfortable but manageable comfortable by myself comfortable with kids% of respondants (by riding frequency)Shared Lane Marking never. a few times a month or less. a few times a week. at least once a day. 31 BICYCLE BOULEVARD A bicycle boulevard is a street with low motorized traffic volumes and speeds designated and designed to give bicyclists travel priority. They are used on low-traffic side streets, usually with traffic calming to reduce speeds. They are usually in residential neighborhoods, often have stop signs adjusted to encourage continuous movement, and may have signals, warning beacons, or refuge islands at major road crossings. Figure 25 Image of bicycle boulevard Figure 26 Graph summarizing participant comfort ratings of bicycle boulevard 0% 10% 20% 30% 40% 50% 60% too uncomfortable to ride uncomfortable but manageable comfortable by myself comfortable with kids% of respondants (by riding frequency)Bicycle Boulevard never. a few times a month or less. a few times a week. at least once a day. 32 BIKE LANE A bike lane is an on-street bicycle facility designated by striping, signing, and pavement markings. Bike lanes are separated from travel lanes by a solid white line. They reduce the need for people riding bicycles and people driving cars to negotiate for space on the roadway. Figure 27 Image of bike lane Figure 28 Graph summarizing participant comfort ratings of bike lane 0% 10% 20% 30% 40% 50% 60% too uncomfortable to ride uncomfortable but manageable comfortable by myself comfortable with kids% of respondants (by riding frequency)Bike Lane never. a few times a month or less. a few times a week. at least once a day. 33 BUFFERED BIKE LANE A buffered bike lane is a bike lane with a painted buffer to increase lateral separation between bicyclists and motor vehicles. The buffers increase space between bicycle riders and hazards such as passing traffic and car doors. Figure 29 Image of buffered bike lane Figure 30 Graph summarizing participant comfort ratings of buffered bike lane 0% 10% 20% 30% 40% 50% 60% too uncomfortable to ride uncomfortable but manageable comfortable by myself comfortable with kids% of respondants (by riding frequency)Buffered Bike Lane never. a few times a month or less. a few times a week. at least once a day. 34 SEPARATED BIKE LANE (WITH FLEXPOSTS) A separated bike lane (with flexible delineator posts – “flexposts”) is a bike lane separated from motor vehicle traffic by a vertical element such as flexposts. The posts increase separation between bicycle riders and passing traffic. Parking, if present, is between the buffer and the travel lane. Figure 31 Image of bike lane (with flexposts) Figure 32 Graph summarizing participant comfort ratings of separated bike lane (with flexposts) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% too uncomfortable to ride uncomfortable but manageable comfortable by myself comfortable with kids% of respondants (by riding frequency)Separated Bike Lane with flexposts never. a few times a month or less. a few times a week. at least once a day. 35 SEPARATED BIKE LANE (WITH PARKING, CURB, AND LANDSCAPING) A separated bike lane (with parking, curb, and landscaping) is a bike lane vertically separated from motor vehicle traffic using parking, landscaping, and curb. It may be at sidewalk level, street level, or at an intermediate height. Figure 33 Image of separate bike lane (with parking, curb, landscaping) Figure 34 Graph summarizing participant comfort ratings of separated bike lane (with parking, curb, landscaping) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% too uncomfortable to ride uncomfortable but manageable comfortable by myself comfortable with kids% of respondants (by riding frequency)Separated Bike Lane with parking, curb, landscaping never. a few times a month or less. a few times a week. at least once a day. 36 TWO-WAY SEPARATED BIKE LANE This is a two-way bike lane along a roadway vertically separated from motor vehicle traffic by curb, flexposts, and/or parking. It may be at sidewalk level, street level, or at an intermediate height. Figure 35 Image of two-way separated bike lane with parking, curb Figure 36 Graph summarizing participant comfort ratings of two-way separated bike lane with parking, curb 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% too uncomfortable to ride uncomfortable but manageable comfortable by myself comfortable with kids% of respondants (by riding frequency)Two ‐way separated Bike Lane with parking, curb never. a few times a month or less. a few times a week. at least once a day. 37 SHARED USE PATH This is a bicycle facility physically separated from traffic, but intended for shared sue by a variety of groups, including pedestrians, bicyclists, and joggers. It can have separate footpaths in areas of high bicycle traffic. Major road crossings may have signals, warning beacons, refuge islands, or bridges and underpasses. Figure 37 Image of shared use path Figure 38 Graph summarizing participant comfort ratings of shared use path 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% too uncomfortable to ride uncomfortable but manageable comfortable by myself comfortable with kids% of respondants (by riding frequency)Shared Use Path never. a few times a month or less. a few times a week. at least once a day. 38 Theme 3: Bicycling and the economy While not explicitly asked about in the workshop or online survey, listening sessions revealed a supportive position for bicycling from an economic standpoint, particularly from the Convention and Visitors Bureau, Downtown Brookings, Inc., and large employers. Large employers cited bicycle-friendliness as a way to attract and retain employees in Brookings. One participant described the importance of being able to bike for transportation because he lives next to a bicycle trail. Another participant described friends who chose to live in bicycle-friendly communities even after moving to warmer climates, and returning for the bicycle-friendliness. Sioux Falls was specifically mentioned as competition for employees and residents. Some brought up bicycle improvements they observed there. From a tourism and visitor perspective, a local hotel manager described visitors bringing their bicycles to Brookings when traveling for business. Some customers continue to stay at the Brookings hotel because they allow indoor bicycle parking, and have a trail that connects them to town. While large employers and business community listening sessions had a number of positive things to say about the economic benefits of a bicycle friendly community, participants also identified a number of opportunities for improvements to further promote and market a bicycle friendly Brookings. First, a map and signage to promote the existing system was identified as a clear need. For example, during the listening session with the CVB and DBI, one participant learned from another participant that there is a bike trail one block away from his house that he had never known about. While Brookings has a street map within its promotional material (which includes trails), listening session participants communicated the desire for an updated and redesigned standalone bicycle map. In addition, participants in most listening sessions described how helpful kiosks and wayfinding signage is in other communities, for both navigational and promotional purposes. Second, the desire to connect major destinations that currently feel cut off by bicycle due to busy roads was clear. Better connecting downtown with large employer campuses as well as the hotels were a priority. In the CVB and DBI listening session, participants discussed how there was some level of connectivity that already exists that needs more promotion. For example, one participant discovered how many places he and his family could bike to as a result of participating in the Mayor’s Ride. Other promotional events were of interest, and may be addressed in the plan. Third, multiple participants described an appreciation for bicycle rentals, but were interested in accommodating easy, short trips in town. One DBA representative expressed interest in storing her bicycle in town so she could drive in from an outlying community and bicycle around from there. A CVB representative expressed interest in a bike share program similar to other cities such as Nice Ride in Minneapolis, BikeTown in Portland, or other systems in smaller communities. Finally, community members were interested in how to convey the return on investment in bicycling programs and projects. Representatives from the CVB and DBA were interested in promoting bicycling in the community, but knew there were others who would be interested understanding more about the value. They recommended developing materials that educate people about the return on investment of working toward a bicycle friendly community. Related to investment decisions is a desire to explore creative ways to fund improvements and/or integrate improvements into existing projects (transportation-specific, or new developments). For example, City staff discussed an interest in integrating bicycle or pedestrian facilities into new 39 developments through zoning code or ordinances to save public funds. Another suggestion came from large employer representatives who communicated that a private citizen was interested in funding a trail connection through his private residential property. Exploring creative ways to implement network improvements reflects a sense of problem solving to improve the collective Brookings vision. 40 Theme 4: Prioritizing the Bicycle Network Through listening sessions and open-response comments from workshops and the online survey, it became apparent that community members desire a safe, comfortable, and convenient network of bicycle routes. The findings described in Theme 3 above provide insights into what community members deem comfortable in terms of bicycle facilities. This section summarizes the input about where improvements to bicycle comfort are most important. Figure 39 Two adults and one child mark on paper maps where they would like to ride in Brookings at the community workshop on September 14, 2016 The maps on the following pages were generated from input from the community workshop, SDSU, and the online interactive map. The community workshop generated 70 individual maps, the SDSU event generated 36 individual maps, and the online interactive map generated over 200 visits. The paper maps from the community workshop and the SDSU event were scanned and digitized to combine date with the online map input. 41 Figure 40 Over 100 paper maps being scanned in for community input analysis The results of the input are organized into four categories of maps: 1. Origins/destinations 2. Problem areas 3. Routes I currently ride 4. Routes I would like to ride Within each category, five maps are shown to illustrate how people with differing riding frequency responded: 1. Composite (all rider types combined) 2. Never 3. Monthly 4. Weekly 5. Daily 42 ORIGINS/DESTINATIONS Origins and destinations provide information about which areas of the community may be prioritized in terms of establishing connections with bicycle facilities. The community input indicates that while origins and destinations are scattered throughout Brookings, the most popular survey responses include SDSU, Downtown, shopping areas near 6th Street and 22nd Avenue, Hillcrest Park, Dakota Nature Park, and a residential neighborhood near Arrowhead Park.. When looking at origin/destination priorities by riding frequency, it appears that there are general similarities, though daily and weekly riders included more locations. In addition, daily riders included a number of specific destinations along 3rd Street, while weekly riders had a greater concentration of destinations along 22nd Avenue. All Types Daily Weekly Monthly Never 43 PROBLEM AREAS Problem areas provide information about which areas of the community should be prioritized in terms of specific crossing challenges, uncomfortable intersections, maintenance issues, or barriers to connections. The most frequent and dense problem areas are along  6th Street  22nd Avenue  Allyn Frerichs Trail parallel to I-29  20th Street South  12th Street South Daily and monthly riders indicate that problem areas are located throughout the city, while weekly riders concentrated their responses along 6th Street, 22nd Avenue, and 20th Street South. All Types Daily Weekly Monthly Never 44 ROUTES I CURRENTLY RIDE Providing information on routes people currently ride indicates a number of things. First, it shows where people may feel comfortable riding, where a critical connection may be (that should be preserved), and where there may be opportunity for increasing corridor use for less confident riders. In addition, one would expect to see a popular destination at each end of a highly used corridor, or possibly a problem area where usage drops off. Finally, highly used corridors may indicate how comfortable a facility is or is not, and may suggest the need to replicate its characteristics in areas of the city where increased use is desired. The community input indicates that the highest ridership occurs along the Allyn Frerichs Trail in the south and east parts of town. Through streets which cross barriers and connect neighborhoods are also popular routes. Daily riders tend to favor the lower “busy” traffic streets like 3rd Street, 8th Street, and 17th Avenue, while weekly riders are more likely to higher “busy” traffic streets such as 6th Street, 22nd Avenue, and Main Avenue. All Types Daily Weekly Monthly Never 45 ROUTES I WOULD LIKE TO RIDE Gathering information on routes people would like to ride provides guidance on where the greatest need for bicycle facility improvements may be. This also indicates where it is most likely there will be an increase in ridership if improvements are made. The community input indicates that the most highly desired bicycle connections along existing streets are:  22nd Avenue  6th Street  Medary Avenue  Main Avenue  8th Street South  20th Street South Input also revealed that new trail alignments are desired along the railroad, near the airport, and across I-29 between 6th Street and 18th Street. Differing preferences by rider frequency indicate that daily riders would like to ride in a variety of places, led by 22nd Avenue. Weekly riders have a preference to ride along the railroad and across I-29 at 6th Street. And monthly riders would especially like to ride on 6th Street and 20th Street South, west of Main Avenue South. All Types Daily Weekly Monthly Never 46 Bicycle Parking Related to the listening session themes around bike share and the desire to accommodate short trips, participants also cited the need for more bicycle parking around the community. In fact, a participant who will not bicycle himself stated that the middle school racks are often full, and that he thought there should be more bike parking for children. In anticipation of this issue, the project team solicited input about where bicycle parking needs are throughout the city. 621 responses were received, with four of the top five locations suggested being business-related:  Downtown (23%, 140 responses)  Hy-Vee (10%, 60 responses)  Strip Malls & Commercial Districts (10%, 60 responses)  Parks (8%, 49 responses)  Wal-Mart (8%, 49 responses) 47 Draft Bicycle Master Plan Outline Community engagement has informed the project team about which elements to include in the forthcoming Draft Bicycle Master Plan. Design guidelines for various bicycle facility types, as well as policies and programs, have arisen out of the process of learning about the bicycle-related challenges of Brookings residents. A. Executive Summary B. Introduction C. Public Engagement D. Existing Conditions E. Bicycle Network Development F. Design Guidelines i. Bicycle boulevards ii. Bicycle lanes (including advisory) iii. Bicycle parking iv. Buffered bicycle lanes v. Intersections vi. Shared-use paths vii. Separated bike lanes viii. Wayfinding signs G. Policies and Programs i. Bicycle-related events ii. Count program iii. Crash evaluation iv. Education strategies for K-3, SDSU, adults v. Employer promotions and incentives vi. Facility network promotion (e.g. maps, kiosks) vii. Safe routes to school viii. Staffing and training opportunities H. Funding and Implementation 48 6TH STREET (US HIGHWAY 14) RECOMMENDATION Due to the planned reconstruction of 6th Street between Main and Medary Avenues by the South Dakota Department of Transportation (SDDOT), there is an opportunity to include a bicycle facility. From the community engagement surveys, a smaller number of people currently ride on 6th Street. However there is a high desire by people to ride on 6th Street, as shown in Figure 41. Figure 41 Maps showing where people currently ride (on the left), and where they would like to ride (on the right). 6th Street reconstruction limits are between the red arrows. The current option for a bicycle facility presented by SDDOT is a shoulder shown in Figure 42. Figure 42 On-street bicycle lanes (3’ shoulders + 2’ gutter pans) are shown in this proposed typical section. Feedback from the community indicated that on-street bicycle lanes are uncomfortable for most people (see Figure 20 on page 28 and Figure 27 on page 32). As a result, a protected bicycle facility such as a shared-use path on one side of the street is recommended. While one-way protected bike lanes are also 49 an option (recommended by the Brookings Bicycle Advisory Committee and subsequently adopted by the Brookings City Council)1, a two-way path affords greater opportunity to achieve a boulevard of sufficient width to store snow, place street furniture, plant trees, and include a clear zone for a shared- use path. It may be necessary to complete a detailed evaluation of north or south side placement of a shared-use path. Decision criteria may include:  Destinations along each side of 6th Street, including parks and businesses 1 “The BBAC recommends that the City Council consider adopting the following standard, with immediate focus for 6th Street and future considerations for 22nd Avenue and Main Avenue South: Major Arterial - All major arterial streets in the city of Brookings should include protected bike lanes at a minimum of 4’ wide. Protected Bike Lane - A bicycle lane that is physically separated from motor vehicle traffic by a permanent barrier. Purpose: The BBAC feels strongly that it should create a culture which encourages bicyclists’ use of 6th street and other major arterials. Creating bicycle lanes on 6th Street greatly enhances the greater Brookings Bicycle Network. Additionally, adding protected lanes to major arterials would greatly increase the percentage of arterial streets with bike lanes and the total bicycle network mileage to total road network mileage. Both categories need strong improvements and consideration as we strive for a Silver Bicycle Friendly Community Designation from the League of American Bicyclists. Furthermore, creating protected bicycle lanes on 6th Street would promote ridership. This is the most critical metric as we strive for a Silver Bicycle Friendly Community Designation from the League of American Bicyclists. The figure below shows how bike traffic changed after one year with a protected lane. The results are staggering. This infographic was developed from data contained in a report from the National Institute for Transportation and Communities - Lessons from the Green Lanes: Evaluating Protected Bike Lanes in the U.S.. Conclusion: We recommend the City Council adopt these recommendations. We believe that 6th Street, if it included protected bicycle lanes, would not need to be placed on a road diet and could remain as a five-lane road.” 50  Connectivity to the overall bicycle network  Level of comfort regarding the number of driveways  The number of turning conflicts with perpendicular streets  Economic development potential The design features of a shared-use path running next to a major thoroughfare should include mechanisms to raise visibility between motorists and bicyclists (such as high visibility marked crossings – see Figure 43) as well as consideration for how bicycle riders will transition from east-west travel along 6th Street to north-south travel along future perpendicular bicycle routes. Figure 43 A shared use path crossing in Madison, WI is marked with green paint and a bicycle push button and signal, to reduce conflict between motorists and bicyclists. Brookings Bicycle Advisory Committee Caleb Finck, Chair Joanie Holm, Vice-Chair Emily Braun Van Fishback Julie Hendricks Vern Olson Steve Paula Meghan Thoreau Ben Vukovich Mike Lockrem, SDSU Liaison Steve Berseth, Park & Recreation Board Liaison DATE: December 4th, 2015 MEMO: December 8th City Council Report FROM: Brookings Bicycle Advisory Committee Role/Purpose: The role of the Brookings Bicycle Advisory Committee (BBAC) is to advise the City Council, City Manager, and City Boards on bicycling-related issues; help advance the state of bicycle infrastructure; encourage bicycling for transportation and recreation; public education and awareness; improve safety and compliance with traffic laws; assist the City with bicycle plans; review and suggest legislative and policy changes; recommend priorities for use of the public funds on bicycle projects; and help ensure Brookings retains and enhances its status as a bike friendly community. The BBAC is to review and make recommendations on capital improvement projects developed by the City departments and outside agencies to ensure that adequate consideration is given to bicycles. Considerations: ● Would the committee recommend one-way streets with bicycle lanes on 5th & 7th streets? ● What can be done to make 6th Street more Bicycle Friendly? Recommendation #1: The BBAC recommends the City Council not consider changing 5th & 7th Street, to one-way streets with accompanying bicycle lanes. Purpose of Recommendation #1: The BBAC identified 6th Street as a barrier between the community and the South Dakota State University campus. The implementation of one way streets on 5th and 7th Street would not solve any current issues to: ● Keep 6th Street in its current form and its difficult crossing access points, ● Create a situation where bicycles would have to cross 6th Street in order to travel the appropriate bike lane depending on east/west direction. This could create an unnecessary crossing of 6th Street. Recommendation #2: The BBAC recommends that the City Council consider adopting the following standard, with immediate focus for 6th Street and future considerations for 22nd Avenue and Main Avenue South: Major Arterial - All major arterial streets in the city of Brookings should include protected bike lanes at a minimum of 4’ wide. Protected Bike Lane - A bicycle lane that is physically separated from motor vehicle traffic by a permanent barrier. Purpose of Recommendation #2: The BBAC feels strongly that it should create a culture which encourages bicyclists’ use of 6th street and other major arterials. Creating bicycle lanes on 6th Street greatly enhances the greater Brookings Bicycle Network. Additionally, adding protected lanes to major arterials would greatly increase the percentage of arterial streets with bike lanes and the total bicycle network mileage to total road network mileage. Both categories need strong improvements and consideration as we strive for a Silver Bicycle Friendly Community Designation from the League of American Bicyclists. Furthermore, creating protected bicycle lanes on 6th Street would promote ridership. This is the most critical metric as we strive for a Silver Bicycle Friendly Community Designation from the League of American Bicyclists. The figure at left shows how bike traffic changed after one year with a protected lane. The results are staggering. This infographic was developed from data contained in a report from the National Institute for Transportation and Communities - Lessons from the Green Lanes: Evaluating Protected Bike Lanes in the U.S.. Conclusion: We recommend the City Council adopt these recommendations. We believe that 6th Street, if it included protected bicycle lanes, would not need to be placed on a road diet and could remain as a five-lane road. Excerpt from Brookings City Council December 8, 2015 Tabled Item: Transportation Traffic Analysis. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, to remove Transportation Traffic Analysis, Highway 14 (6th Street) from Main Avenue to Medary Avenue; comparison of 3-lane and 5-lane design from the table. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. A motion was made by Mayor Reed, seconded by Council Member Hansen, to amend the main motion to include that the City Council accepts the Brookings Bike Advisory Committee's report and will incorporate their recommendations into the 6th Street Project. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. A motion was made by Council Member Hansen, seconded by Council Member Corbett, that the main motion, as amended, be approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Department of Transportation Division of Planning/Engineering Office of Road Design 5316 West 60th St. North Sioux Falls, SD 57107 605/367-5680 Fax: 605/367-5685 December 12, 2016 Brookings City Council RE:P-PH 0014(179)419, Brookings County, PCN 027B US14 -Fm Main Ave. to Medary Ave. in Brookings & the Intersections of US14 & 12th Ave, Urban Grading, Curb & Gutter, Storm Sewer, Traffic Signals, ADA, Sidewalk, Roadway Lighting & PCC Surfacing The DOT has worked hand in hand with the Sixth Street Design Ad Hoc Committee since July of this year. The DOT has kept an open mind on what options this committee would come up with centered on the overall need for a 5-lane facility. With a community wide bicycle input session that happened this fall, it was felt that these findings should be heard and considered with respect to the overall recommendation made by the committee. The DOT also felt that it was in the public’s best interest to hear this input as well. After more discussion, a recommendation was made that the DOT supports.This includes 2-14’ outside lanes with 3-11’ inside lanes. The DOT would support the council’s ultimate decision if they choose to go against the recommendation of the Sixth Street Design Committee if it is either the 5-11’ lanes with 5’ sidewalks or 5-11’ lanes with a 10’ shared use path on the north or south side of the highway. However, making the 10’ shared use path protected with any sort of barrier would not be supported by the DOT. Any added cost resulting from the shared use path, including the 5’ of extra width on the sidewalk for the shared use path and any necessary ROW, would be at the City’s cost. Ultimately, if no decision is made at this council meeting, the DOT will move forward with its original design of 2-14’ outside lanes with 3-11’ inside lanes in order to maintain the department’s schedule. We have worked well together on past projects and wish to continue this partnership into the future. Sincerely, Brandon Riss, PE Road Design Engineer 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 2016-0774,Version:1 Discussion and possible action on Residential Permit Parking Options and Associated Costs. Summary: Pursuant to the previous City Council directive, staff was charged with researching the associated costs for implementing a permit parking program for neighborhoods around campus. Background: City staff drafted a residential permit parking zone procedure outlining the process by which residents, city staff, and council members may establish a residential permit parking zone. Included in the procedure were residency requirements, permit guidelines, potential residential zones, renewal process, and fees. Staff recommended an effective date of August 2017 or later to coincide with academic school year, provide public education about this new parking regulation, offer adequate time for residents to obtain permits, and allow staff to print and install signage. Should the City Council wish to pursue the issue of requiring residential parking permits, it is recommended the City Attorney prepare an ordinance codifying the program for future readings and a public hearing. Fiscal Impact: Staff recommends considering this a fee-based program that is as close to being revenue-neutral as practical so that other taxpayers are not subsidizing an additional service in an area in which they do not reside. Attachments: Cost Estimate Permit Parking Sign Layout Residential Parking Zone Procedure Potential Zone A Potential Zone B City of Brookings Printed on 12/7/2016Page 1 of 1 powered by Legistar™ 12x18 Permit Parking Sign 12x18 Permit Parking Sign 12x18 Permit Parking SignCity of Brookings City of Brookings City of BrookingsSingle sided Single sided Single sided3m HIP sheeting 3m HIP sheeting 3m HIP sheeting.063 thick aluminum .063 thick aluminum .063 thick aluminumBlack copy/border Black copy/border Green copy/borderWhite background Red additional copy White backgroundUnit price - $8.45 Each White background Unit price - $8.45 EachUnit price - $8.95 Each Residential Parking Explanation of Options and Requirements Justification: Residents in neighborhoods around campus are experiencing distinct issues with on- street parking compared to other neighborhoods in Brookings. The City Council directed staff to research and develop a plan to give the ability for a neighborhood to establish a residential parking zone where the streets are adversely impacted by the parking of vehicles during certain hours of the day. The two zones below have been identified to be impacted by non-residential traffic and prone to congestion. Establishing a residential permit program may help in freeing up parking spaces for residents and help with emergency response and snow removal. Procedure for Establishment of Zones: In order to establish or expand a residential permit parking zone, a person must file with the City Clerk a petition signed by at least 75% of the owners or occupants of property abutting the street described in the proposed zone. Each residential unit and each non- residential facility meeting the eligibility criteria within the proposed zone shall count as one vote in determining if the 75% threshold is met. Unoccupied units are excluded from the calculation of the 75% threshold when reasonable efforts to contact the property owner have been unsuccessful. The City Clerk shall refer the petition to the City Manager. At a council public hearing, the City Manager shall provide to the City Council recommendations regarding establishment or expansion of the proposed residential permit parking zone based on the petition’s compliance with the established criteria. At least 10 days prior to the public hearing, a mailed notice of said hearing shall be given to the owners or occupants of property abutting a street proposed to be located in the proposed residential permit parking zone. Following the hearing, the City Council may adopt a resolution establishing or expanding the residential parking zone if it determines the petition satisfies the hardship criteria. The establishment of zones may also be initiated by City staff or the City Council at any time. Proof of Residency (only one required): 1. Current vehicle registration showing an address within the district, identifying applicant specifically as a resident at that address. 2. Property tax bill showing person's name as tax payer and home address within the district. (Homeowners) 3. Residential lease agreement with address within the district, utility bill, or driver’s license identifying the applicant specifically as a resident at that address. Permit: Up to two (2) residential permit hang tags are allowed per dwelling unit. Permit hang tags will be color coded to correspond with a specific residential zone. Permit holders may park any place in the zone of their residence. Guests may utilize the resident’s hang tag. Potential Residential Zones: 1. Residents living in neighborhoods around campus, specifically: Zone A: 7th St. from 6 th Ave. to Medary Ave. Medary Ave. from 7th St. to 11th St. 11th St. from 6 th Ave. to Medary Ave. 6th Ave. from 7th St. to 11th St. Zone B: 7th St. from Medary Ave. to Jackrabbit Ave. (previously 16th Ave.) Jackrabbit Ave. (previously 16th Ave.) from 7th St. to 8th St. 8th St. from Medary Ave. to Jackrabbit Ave. (previously 16 th Ave.) Medary Ave. from 7th St. to 8th St. 2. Residential zones will be enforced from August 15 th - May 15 th, 8:00 a.m. - 3:00 p.m. (Monday - Friday) 3. All usual parking regulations are still in effect. 4. Delivery/Service vehicles are exempt from the permitted parking regulations. Renewal Process: 1. Homeowners and renters are required to renew their permits annually any time during the summer from May 15th - August 14 th. 2. If the property is sold or vacated, the permit holder shall surrender all residential parking permits back to the City within 72 hours of sale of property. 3. Parking permits will be sold year round for the current year. Fees: Fees will be determined upon fiscal determination of the cost of the program. However, staff recommends fees are revenue neutral. Staff anticipates administrative and overhead costs, printing, data entry of the permit system, and the purchase and installation of signage. Most other cities charge anywhere from $50 - $100; however, there are some cities that charge less or have no fee associated at all. Once the program is established and fine-tuned, staff would move towards e-government for the purchase of permits. Effective Date: Staff recommends an effective date of August 2017 to coincide with the academic school year, provide public education about the new parking regulation, offer adequate time for residents to obtain permits, and allow staff to print and install signage. Brookings County, SD Developed by The Schneider Corporation Par cel ID 404900070000300Sec/T wp/Rng --Pr oper ty A ddr ess 110 RAIL RO AD STBROOKINGS Alter na te ID n/aClassNADCAcreagen/a O w ner Addr ess SMITH, RAYMO ND J 521 HUNTERS RIDGE RD BROOKINGS SD 57006District4001 - BRO OKINGS/BROO KINGS SC HBrief T a x Descr iption RAIL RO AD ADDITIONS, L O T 3, 7TH RAIL RO AD ADDN 11039 SQ. FT. SHED(Note: Not to be used on leg al documents) Date crea ted: 10/17/2016 Last Da ta Uploaded: 2/18/2014 4:02:57 AM 1,181 ft OverviewLegendBrookings CityLimitsCity LimitsTownship Boundar ySectionsParcelsRoads B rook ings County, SD Developed by The Schneider Corporation Par cel ID 404900070000300Sec/T wp/Rng --Pr oper ty Address 110 RAILROAD STBROOKINGS Alternate ID n/aClassNADCAcreagen/a Ow ner Address SMITH, RAYMO ND J 521 HUNTERS RIDGE RD BROOKINGS SD 57006District4001 - BROOKINGS/BROOKINGS SC HBrief T ax Descr iption RAILROAD ADDITIONS, LOT 3, 7TH RAILROAD ADDN 11039 SQ. FT. SHED (Note: Not to be used on leg a l documents) Date created: 10/17/2016 Last Data Uploa ded: 2/18/2014 4:02:57 AM 590 ft Overvi ewLegendBrookings CityLimitsCity L imitsTownship Boundar ySectionsParcelsRoads Description QTY Cost Total Notes Revenues Fees (hang tags)642 $45.00 $28,890.00 Estimated for two potential zones A & B Fines 1290 $20.00 $25,800.00 Tickets increase by $5 after 72 hours $54,690.00 Expenses Salaries & Wages 20.00 $22.18 $443.60 Fringe Benefits (7.65%)7.65%$443.60 $33.94 Supplies (hang tags)500.00 $0.83 $415.00 Equipment & Programming 1.00 $17,990.00 $17,990.00 Annual renewal cost of $4,700/year thereafter Advertising, Promotion, & Education 1.00 $3,000.00 $3,000.00 Anticipated to be an annual cost Part-time parking enforcement 1257.00 $19.88 $24,989.16 Materials 12" X 18" signs 78.00 $9.50 $741.00 Priced for 2 colors of text 1-3/4" Telspar Post 802.00 $2.41 $1,932.82 QTY is total length required in feet 2" Telspar Anchor 234.00 $2.62 $613.08 QTY is total length required in feet 2-1/4" Telspar Anchor 78.00 $2.84 $221.52 QTY is total length required in feet Bolts 174.00 $0.23 $40.02 Washers 174.00 $0.18 $31.32 Lock Nuts 174.00 $0.10 $17.40 Labor (installation)156.00 $26.21 $4,088.76 Estimated 2 hours per sign install $54,557.62 Zone A 472 Zone B 170 Total 642 Total Revenues Total Expenses Residential Permit Parking Fee Proposal 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 2016-0790,Version:1 Discussion and possible action to form a joint City, County, and School Task Force on Mental Health. Summary: Council Member Hansen has requested further council discussion on mental health awareness initiatives. This may include discussion and possible action to form a joint City, County, and School Task Force on Mental Health. History: 11/8/2016 Council Meeting: “A motion was made by Council Member Hansen, seconded by Mayor Reed, to add a follow-up on the Mental Health Awareness to the December 13 City Council Meeting Agenda. The motion carried by a unanimous vote.” 10/18/2016 City Council Meeting: “The Study Session was dedicated to Mental Health Awareness Issues. Speakers included: Sylvia Buboltz, District Supervisor for SD Division of Rehabilitation Services, Jason Merkley, Chief Executive Office for Brookings Health System, Karen Weber, Medical Surgical and Emergency Dept. Director for Brookings Health System, Mary Beth Fishback, Public Health Program Coordinator at South Dakota State University, and Brookings Police Chief Jeff Miller.” Attachments: Charter - DRAFT - posted 12.12.2016 City of Brookings Printed on 12/12/2016Page 1 of 1 powered by Legistar™ DRAFT Charter Task Force on Mental Illness – Ad Hoc Purpose: The City of Brookings, Brookings County, and the Brookings School District have a long history of collaboration and cooperation, and are committed to a high quality of life for all. The purpose of the Task Force on Mental Illness is to complete a comprehensive needs assessment, create a roadmap of services currently available to the mentally ill, and to propose improvements to the current services available to people with mental health issues in our community. Objectives: Determine the prevalence of mental illness in the County; Identify and investigate what resources are available to someone struggling with mental health issues; Explore what needs currently exist; Provide a venue for collaboration and communication; Membership The Task Force will consist of nine members total: One member of City Council (appointed by the Mayor with Council consent) One member of County Commission (appointed by the County Commission) One member of the Brookings School Board or Designee (appointed by the School Board) Six at-large positions would then be selected by the City Council, County Commission, and School Board members appointed to the Task Force. The at- large appointments should be citizens at-large, preferably those with a background in mental illness. The task force should include at least one representative who has a family member with mental health issues. Expectations of members: *Appoint a chair (or co-chairs) to conduct meetings. *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. 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 2016-0789,Version:1 Action on 2017 City Manager Compensation Package. Summary: The City Council will take action on City Manager Jeffrey Weldon’s compensation package for 2017. City of Brookings Printed on 12/12/2016Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2016-0741,Version:1 Action to accept Mayor Tim Reed’s formal resignation; effective12/31/2016. Summary: Mayor Reed has been elected to the South Dakota Legislature, House of Representatives, District 7. Representative-Elect Reed will take his oath of office on 1/2/2017 and must resign his seat as Mayor on the City Council. Recommendation: Recommend approval. City of Brookings Printed on 12/12/2016Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2016-0787,Version:1 Action to appoint Interim Mayor, effective 1/1/2017-4/30/2017. Summary: The City Council will take action to appoint an interim mayor, effective January 1, 2017 to April 30, 2017. Background: Mayor Reed has been elected to the South Dakota House of Representatives and is resigning his position as Mayor, effective December 31, 2016. Reed had one year remaining on his term, ending April 30, 2017. His vacated seat will up for election on the April 11, 2017 ballot. The process to fill a vacancy on the City Council is defined in the City Charter and Resolution No. 90- 10,City Council Vacancy. Requirements stipulate that if the office is vacated more than 60 days before the next regular election, then the term of mandatory temporary appointment shall run until the next regular election is concluded and the successful candidate takes office. The City issued a press release on November 9th inviting Brookings residents to apply for the temporary appointment as Interim Mayor. One application was received from former Mayor Scott Munsterman. Munsterman was elected to the City Council in 2001 and subsequently served two terms as Mayor from 2003 to 2009. Attachments: City Charter Resolution 90-10 Press Release - Application for Interim Mayor Munsterman Application City of Brookings Printed on 12/12/2016Page 1 of 1 powered by Legistar™ Brookings City Charter City of Brookings Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 (605) 692-6281 Election 11-05-02 - Passed; Canvassed on 11-12-02. Amended: May 23, 2006 TABLE OF CONTENTS Page Preamble ............................................................................................................................................ .......... 1 ARTICLE I – POWERS OF THE CITY .............................................................................................. .......... 1 Section 1.01 – Powers of the City ......................................................................................... .......... 1 Section 1.02 – Construction .................................................................................................. .......... 1 Section 1.03 – Intergovernmental Relations ......................................................................... .......... 1 Section 1.04 – Limitations ..................................................................................................... .......... 1 Section 1.05 – New Taxes .................................................................................................... .......... 1 ARTICLE II – CITY COUNCIL............................................................................................................ .......... 1 Section 2.01 – General Powers and Duties .......................................................................... .......... 1 Section 2.02 – Composition, Eligibility, Terms, Bond Required Designation of Areas of Responsibility, Powers and Duties ......................... .......... 2 Section 2.03 – Mayor ............................................................................................................ .......... 2 Section 2.04 – Compensation; Expenses ............................................................................. .......... 2 Section 2.05 – Prohibitions ........................................................................................................ 2 & 3 Section 2.06 – Vacancies; Forfeiture of Office; Filling of Vacancies .................................... .......... 3 Section 2.07 - Judge of Qualifications .................................................................................. .......... 3 Section 2.08 – Clerk .............................................................................................................. .......... 3 Section 2.09 – Investigations ................................................................................................ ....... .. 4 Section 2.10 – Independent Audit ......................................................................................... .......... 4 Section 2.11 – Procedure ..................................................................................................... .......... 4 Section 2.12 – Action Requiring an Ordinance ..................................................................... .... 4 & 5 Section 2.13 – Ordinances and Resolutions in General ....................................................... .......... 5 Section 2.14 – Emergency Ordinances ................................................................................ .......... 5 Section 2.15 – Codes of Technical Regulations ................................................................... .......... 5 Section 2.16 – Authentication and Recording; Codification; Printing ................................... .... 5 & 6 ARTICLE IIA – CITY MANAGER ....................................................................................................... .......... 6 Section 2A.01 – Appointment; Qualifications; Compensation .............................................. .......... 6 Section 2A.02 – Removal...................................................................................................... .......... 6 Section 2A.03 – Acting City Manager ................................................................................... .......... 6 Section 2A.04 – Powers and Duties of City Manager ........................................................... .... 6 & 7 ARTICLE III – DEPARTMENTS, OFFICES AND AGENCIES ........................................................... .......... 7 Section 3.01 – General Provisions ........................................................................................ .......... 7 Section 3.01(b) – Supervision ............................................................................................. .......... 7 Section 3.02 – Legal Officer .................................................................................................. .......... 8 ARTICLE IV – FINANCIAL PROCEDURES ...................................................................................... .......... 8 Section 4.01 – Fiscal Year .................................................................................................... .......... 8 Section 4.02 – Submission of Budget and Budget Message ................................................ .......... 8 Section 4.03 – Budget ........................................................................................................... .......... 8 Section 4.04 – City Council Action on Budget ...................................................................... .......... 8 Section 4.05 – Appropriation and Revenue Ordinances ....................................................... .... 8 & 9 Section 4.06 – Amendments After Adoption ......................................................................... .......... 9 Section 4.07 – Lapse of Appropriation .................................................................................. .......... 9 Section 4.08 – Administration of Budget ............................................................................... .......... 9 Section 4.09 – Overspending of Appropriations Prohibited .................................................. .. 9 & 10 Section 4.10 – Public Records .............................................................................................. ........ 10 ARTICLE V – ELECTIONS ................................................................................................................ ........ 10 Section 5.01 – City Elections ................................................................................................ ........ 10 Section 5.02 – Initiative and Referendum ............................................................................. ........ 10 ARTICLE VI – BROOKINGS MUNICIPAL UTILITIES AND BROOKINGS MUNICIPAL HOSPITAL ........ 10 Section 6.01 – Management and Control of Brookings Municipal Utilities and Brookings Municipal Hospital .................................................................. 10 & 11 ARTICLE VII – GENERAL PROVISIONS .......................................................................................... ........ 11 Section 7.01 – Conflicts of Interest, Board of Ethics ............................................................. ........ 11 Section 7.02 – Prohibitions ................................................................................................... 11 & 12 ARTICLE VIII – CHARTER AMENDMENT ........................................................................................ ........ 12 Section 8.01 – Proposal of Amendment ............................................................................... ........ 12 Section 8.02 – Election ......................................................................................................... ........ 12 Section 8.03 – Adoption of Amendment ............................................................................... ........ 12 ARTICLE IX – TRANSITION/SEPARABILITY PROVISION .............................................................. ........ 13 Section 9.01 – Officers and Employees ................................................................................ ........ 13 Section 9.02 – Departments, Offices and Agencies ............................................................. ........ 13 Section 9.03 – Pending Matters ............................................................................................ ........ 13 Section 9.04 – State and Municipal Laws ............................................................................. ........ 13 Section 9.05 – Schedule ....................................................................................................... ........ 14 Section 9.06 – Separability ................................................................................................... ........ 15 1 05-23-2006 Amended PREAMBLE We the people of the City of Brookings, in order to establish a more representative and effective city government, do adopt this Charter in accordance with the Home Rule power granted in Article IX, Section 2 of the South Dakota Constitution and the procedural requirements of SDCL Chapter 6-12. ARTICLE I POWERS OF THE CITY Section 1.01 – Powers of the City. The City shall have all powers possible for a city to have under the Constitutions of this State and of the United States. It is the intention of this Charter to confer upon the City every power it may have under law, as fully and completely as though the power was specifically mentioned. Section 1.02 – Construction. This Charter shall be construed liberally in favor of the City and the specific mention of particular municipal powers in other sections of this Charter does not limit the powers of the City to those so mentioned. Section 1.03 – Intergovernmental Relations. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one (1) or more states or any state division or agency, or the United States or any of its agencies or any township, county or municipality. The City retains and reserves its right to Joint Exercise of Governmental Powers as set forth in SDCL Title 1. Further, the City adopts and ratifies each and every contract and agreement entered into by virtue of that power under any prior City organization or form of government. Section 1.04 – Limitations. Nothing in this Charter shall be construed to permit the City to do any of the following: 1. Levy a personal or corporate income tax, 2. Issue more liquor licenses, 3. Permit increased gaming, or 4. Incur additional debt, unless and except to the extent otherwise authorized to any City established as a SDCL Title 9 authorized form of City government. Section 1.05 – New Taxes. Any tax which is approved by the City Council may be submitted by the City Council to a vote of the people for approval or disapproval before it becomes effective. Any tax which is approved by the City Council may also be referred to a vote of the people by referendum for approval or disapproval. 2 05-23-2006 Amended ARTICLE II CITY COUNCIL Section 2.01 – General Powers and Duties. All powers of the City shall be vested in the City Council except as otherwise provided by law or this Charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law. The Council shall act as a part-time, policy making and legislative body, avoiding management and administrative issues which are hereafter assigned to a City Manager. Section 2.02 – Composition, Eligibility, Terms, Powers and Duties. a. Composition. There shall be a City Council composed of the Mayor and six (6) Council Members to be elected by the voters of the City at large. b. Eligibility. Only the registered voters of the City who have resided in the City for at least six months immediately prior to the date of election shall be eligible to hold the office of Council Member or Mayor. c. Terms. The terms of Council Members and the Mayor shall be for three (3) years following the completion of the terms as provided in Section 9.05. d. The Council by resolution shall establish the powers and the duties of the Council and of the Mayor in addition to those assigned by the Charter. Section 2.03 – Mayor. The Mayor shall have the powers and duties as a Council Member, including the power to vote, and in addition, shall preside at the meetings of the Council, represent the City in intergovernmental relationships, appoint with the advice and consent of the Council the members of citizen advisory boards, committees, and commissions, present an annual state of the City message, and perform other duties specified by the Council. The Mayor shall be recognized as head of the government for all ceremonial purposes and by the Governor for the purpose of military law. The Mayor shall have no administrative duties. The Council shall elect annually, from among its members, a Deputy Mayor who shall act as Mayor during the absence or the disability of the Mayor, or until a vacancy in the office of Mayor is filled. Section 2.04 – Compensation; Expenses. The initial annual salary for Council Members of the City Council shall be $3,600 and shall be $4,800 for the Mayor. The Council, by resolution approved by at least five Council Members, may increase the salaries of the Council Members and of the Mayor provided that no such resolution shall become effective until the date of commencement of the term of the Council Member or Mayor elected at the next regular election. The Mayor and Council Members shall receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.05 – Prohibitions. (a) Holding Other Office. Except where authorized by law, no Council member shall hold any other elected public office during the term for which the member was 3 05-23-2006 Amended elected to the Council. No Council member shall hold any other City office or City employment during the terms for which the member was elected to the Council. No former Council member shall hold any compensated appointive office or employment with the City until one year after the expiration of the term for which the member was elected to the Council. Nothing in this section shall be construed to prohibit the Council from selecting any current or former Council member to represent the City on the governing board of any regional or intergovernmental agency. (b) Appointments and Removals. The City Council or any of its members shall not in any manner control or demand the appointment or removal of any City administrative officer or employee whom the City Manager or any subordinate of the City Manager is empowered to appoint, however the Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officer or employee. (c) Interference with Administration. Except for the purpose of inquiries and investigations under Section 2.09, the Council or its members shall deal with the City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately. Section 2.06 – Vacancies; Forfeiture of Office; Filling of Vacancies. (a) Vacancies. The office of a Council Member or Mayor shall become vacant upon the person’s death, resignation, removal from office or forfeiture of office in any manner authorized by law. (b) Recall. The power of recall of the Mayor or Council Members shall be allowed as set forth in SDCL Title 9. (c) Forfeiture of Office. The Mayor or a Council Member shall forfeit that office if the Mayor or Council Member: 1. Lacks at any time during the term of office for which elected any qualification for the office prescribed by this Charter or by law. 2. Violates any expressed prohibition in Section 7.02 of this Charter. 3. Fails to maintain residency within the city limits. 4. Is convicted of a felony. 5. Fails to attend at least fifty percent (50%) of the regular meetings of the Council during a fiscal year, or three consecutive regular meetings of the Council, without being excused by the Council. 4 05-23-2006 Amended (d) Filling of Vacancies. Filling of Vacancies. Except as provided below, a vacancy in the office of Mayor or of a City Council Member shall be filled for the remainder of the unexpired term at the next regular City election. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. However, if the vacancy occurs less than sixty days prior to the next regular City election, then the person appointed to fill the vacancy shall continue to serve and the vacancy shall be filled at the regular City election immediately following the next regular City election. Notwithstanding the requirement in Section 2.11, if at any time the membership of the Council is reduced to less than 6, the remaining members shall, within sixty (60) days, fill the vacancies by appointment or call for a special election to fill the vacancies. Section 2.07 – Judge of Qualifications. The City Council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office. The Council shall have the power to set additional standards of conduct for its members beyond those specified in the charter and may provide for such penalties as it deems appropriate, including forfeiture of office. In order to exercise these powers, the Council shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the City at least 7 days in advance of the hearing. Decisions made by the Council under this section shall be subject to judicial review. Section 2.08 – Clerk. The City Council shall appoint an officer of the City who shall have the title of Clerk. The Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned by this Charter or by the Council or by state law. Section 2.09 – Investigations. The City Council may make investigations into the affairs of the City and the conduct of any City department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Failure or refusal to obey a lawful order issued in the exercise of these powers by the Council shall be a misdemeanor punishable by a fine and/or jail sentence to be established by resolution of the Council. Section 2.10 – Independent Audit. The City Council shall provide for an independent annual audit of all City accounts and may provide for more frequent audits, as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers. The Council may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three years, but the designation for any particular fiscal year shall be made no later than 30 days after the beginning of such fiscal year. If the Department of Legislative Audit makes such an audit, the Council may accept it as satisfying the requirements of this section. 5 05-23-2006 Amended Section 2.11 – Procedure. a. Meetings. The Council shall meet regularly at such times and places as the Council may prescribe by rule. Special meetings may be held on the call of the Mayor or of 4 or more members and, whenever practicable, upon no less than twenty-four (24) hours notice to each member. Except as allowed by state law, all meetings shall be public. b. Rules and Journal. The City Council shall conduct all meetings under the provisions of Roberts Rules of Order with the exception of any conflict with this Charter, City Ordinance, State or Federal statute, determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record. c. Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. Four members of the Council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Council. No action of the Council, except as otherwise provided in the Charter or the preceding sentence and in Section 2.06, shall be valid or binding unless adopted by the affirmative vote of 4 or more members of the Council. Section 2.12 – Action Requiring an Ordinance. In addition to other acts required by law or by specific provision of this Charter to be done by ordinance, those acts of the City Council shall be by ordinance which: 1. Adopt or amend an administrative code or establish, alter, or abolish any City department, office or agency; 2. Levy taxes; 3. Grant, renew or extend a franchise; 4. Regulate land use and development; 5. Amend or repeal any ordinance previously adopted; 6. Establish and regulate the conduct of elections; Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution. Section 2.13 – Ordinances and Resolutions in General. City ordinances and resolutions shall be introduced, published, enacted, recorded, and codified as provided in state law; however, the City Council may by ordinance amend such requirements. 6 05-23-2006 Amended Section 2.14 – Emergency Ordinances. To meet a public emergency affecting life, health, property or the public peace, the City Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, or authorize the borrowing of money except as provided in Section 4.06(b). An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least 5 members shall be required for adoption. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except one made pursuant to Section 4.06(b) shall automatically stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.15 – Codes of Technical Regulations. The City Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally except that: 1. The requirements of Section 2.13 for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance. 2. A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the City Clerk pursuant to Section 2.16(a). Copies of any adopted code of technical regulations shall be made available by the City Clerk for distribution or for purchase at a reasonable price. Section 2.16 – Authentication and Recording; Codification; Printing. a. Authentication and Recording. The City Clerk shall authenticate by signing and shall record in full in a properly indexed book kept for that purpose all ordinances and resolutions adopted by the City Council. b. Codification. Within three years after adoption of this Charter and at least every ten years thereafter, the City Council shall provide for the preparation of a general codification of all City ordinances and resolutions having the force and effect of law. The general codification shall be adopted by the Council by ordinance and shall be published promptly in bound or loose-leaf form, together with this Charter and any amendments thereto, pertinent provisions of the Constitution and other laws of the State of South Dakota, and such codes of technical regulations and other rules and 7 05-23-2006 Amended regulations as the Council may specify. This compilation shall be known and cited officially as the Brookings City Code of Ordinances. Copies of the Code shall be furnished to City officers, placed in libraries and public offices for free public reference and made available for purchase by the public at a reasonable price fixed by the Council. The term “City Council” or “Council” shall replace and mean the term “City Commission” or “Commission” in the Code of Ordinances. c. Printing of Ordinances and Resolutions. The City Council shall cause each ordinance and resolution having the force and effect of law and each amendment to this Charter to be printed promptly following its adoption, and the printed ordinances, resolutions and charter amendments shall be distributed or sold to the public at reasonable prices as fixed by the Council. Following publication of the first Brookings City Code of Ordinances and at all times thereafter, the ordinances, resolutions and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for integration therein. The Council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or addition to the provisions of the Constitution and other laws of the State of South Dakota, or the codes of technical regulations and other rules and regulations included in the code. ARTICLE IIA CITY MANAGER Section 2A.01 – Appointment; Qualifications; Compensation. The City Council by the affirmative vote of four (4) or more members of the Council shall appoint a City Manager for an indefinite term and fix the manager’s compensation. The City Council shall conduct a review of the performance of the City Manager at least annually. The City Manager shall be appointed solely on the basis of executive and administrative qualifications and professional employment experience as a city manager or assistant city manager. The Manager need not be a resident of the City or state at the time of appointment but may reside outside the City while in office only with the approval of the Council. Section 2A.02 – Removal. The City Manager may be suspended by a resolution approved by the affirmative vote of four (4) or more Members of the City Council which shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the City Manager. The City Manager shall have fifteen days in which to reply thereto in writing. The City Manager may request and shall be afforded a public hearing, and the City Council shall set a time for a public hearing upon the question of the City Manager’s removal. After the public hearing, if one is requested, the City Council by the affirmative vote of four (4) of its total membership may adopt a final resolution of removal. The City Manager shall continue to receive full salary until the effective date of a final resolution of removal. Section 2A.03 – Acting City Manager. By letter filed with the City Clerk, the City Manager shall designate a City officer or employee to exercise the powers and perform the duties of City 8 05-23-2006 Amended Manager during the manager’s temporary absence or disability. The City Council may revoke such designation at any time and appoint another officer of the City to serve until the City Manager returns. Section 2A.04 – Powers and Duties of City Manager. The City Manager shall be the chief administrative officer of the City, responsible to the Council for the administration of all city matters placed in the manager’s charge by or under this Charter. The City Manager shall: 1. Appoint and, when necessary in their discretion, suspend or remove all city employees and appointive administrative officers provided for by or under this Charter. The City Manager may authorize any administrative employee or officer subject to the manager’s direction and supervision to exercise these powers with respect to subordinates in that employee or officer’s department, office or agency; 2. Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law; 3. Attend all City Council meetings. The City Manager shall, except when the governing body may be considering suspension or removal of the City Manager, have the right to take part in discussion but shall not vote; 4. See that all laws, provisions of this Charter and acts of the City Council, subject to enforcement by the City Manager or by employees or officers subject to the manager’s direction and supervision, are faithfully executed; 5. Prepare and submit the annual budget and capital program to the City Council; 6. Submit updates annually on the date specified by the City Council a five-year capital program in such form as the City Manager deems desirable or the Council may require; 7. Submit updates annually on the date specified by the City Council a five-year financial plan in such form as the City Manager deems desirable or the Council may require; 8. Submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; 9. Make such other reports as the City Council may require concerning the operations of City departments, offices and agencies subject to the City Manager’s direction and supervision; 10. Keep the City Council fully advised as to the financial condition and future needs of the City; 9 05-23-2006 Amended 11. Sign all warrants for the payment of money, and the same shall be countersigned by the Clerk, but no warrant shall be issued until the claim therefor has been approved by the City Council, except as may be otherwise provided by ordinance or resolution; 12. Be the personnel director of the City; 13. Make recommendations to the City Council concerning the affairs of the City; 14. Provide staff support services for the Mayor and Council members; and 15. Perform such other duties as are specified in this Charter or as may be required by the City Council. ARTICLE III Departments, Offices and Agencies Section 3.01 – General Provisions. a. Creation of Departments. The City Council may establish City departments, offices or agencies in addition to those created by this charter and may prescribe the function of all departments, offices and agencies, except that no function assigned by this Charter to a particular department, office or agency may be discontinued or, unless this Charter specifically so provides, assigned to any other. Section 3.01 (b) – Supervision. All departments, offices and agencies under the direction and supervision of the City Manager shall be administered by an officer or employee appointed by and subject to the direction and supervision of the City Manager. With the consent of Council, the City Manager may serve as the head of one or more of such departments, offices or agencies or may appoint one person as the head of two or more of such departments, offices or agencies. Section 3.02 – Legal Officer. There shall be a legal officer of the City appointed by the City Council. The legal officer shall serve as chief legal advisor to the Council and all City departments, offices and agencies; shall represent the city in all legal proceedings and shall perform any other duties prescribed by state law, by this Charter or by ordinance. Section 3.03 - Copying of Public Records. Any officer or public servant required to keep or preserve any record, document, or other instrument subject to the provisions of SDCL 1-27-1 shall keep the records open to inspection and copying by any person during normal business hours. A reasonable fee established by the City Manager may be charged for copying the record. 10 05-23-2006 Amended ARTICLE IV Financial Procedures Section 4.01 – Fiscal Year. The fiscal year of the City shall begin on the first day of January and end on the last day of December. Section 4.02 – Submission of Budget and Budget Message. On or before the first day of August of each year, the City Manager shall submit to the City Council a budget for the ensuing fiscal year and an accompanying message. Section 4.03 – Budget. The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the City Council may require. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the current fiscal year. It shall indicate in separate sections: 1. The proposed goals and objectives and expenditures for current operations during the ensuing fiscal year, detailed for each fund by organization unit, and program, purpose or activity, and the method of financing such expenditures. 2. Proposed capital expenditures during the ensuing fiscal year; detailed for each fund by organization unit when practicable, and the proposed method of financing each such capital expenditure. For any fund, the total of proposed expenditures shall not exceed the total of estimated income plus the fund balance carried forward, exclusive of reserves. Section 4.04 – City Council Action on Budget. a. Budget Hearings. The City Council may schedule public hearings at appropriate times and may direct changes in the City Manager’s proposed budget. b. Adoption. The City Council shall adopt the final budget on or before the 30th day of September of the fiscal year currently ending. If it fails to adopt the budget by this date, the budget proposed by the City Manager shall go into effect. Section 4.05 – Appropriation and Revenue Ordinances. To implement the adopted budget of the ensuing fiscal year, the City Council: a. Shall, no later than its first regular meeting in September of each year or within 10 days thereafter, introduce the annual appropriation ordinance for the ensuing fiscal year, in which it shall appropriate the sums of money necessary to meet all lawful 11 05-23-2006 Amended expenses and liabilities of the municipality. The ordinance shall specify the function and subfunction as prescribed by the Department of Legislative Audit for which the appropriations are made and the amount appropriated for each function and subfunction, which amount shall be appropriated from the proper fund. It is not necessary to appropriate revenue to be expended from an enterprise or trust and agency fund if the fund is not supported or subsidized by revenue derived from the annual appropriated tax levy. However, an annual budget for these funds shall be developed and published no later than the last day of December of each year. b. Shall adopt any other ordinances required to authorize new revenues or to amend the rates or other features of existing taxes or other revenue sources. Section 4.06 – Amendments After Adoption. a. Supplemental Appropriations. If during the fiscal year the City Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the City Council by ordinance may make supplemental appropriations for the year up to the amount of such excess. b. Emergency Appropriations. To meet a public emergency affecting life, health, property, or the public peace, the City Council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with the provisions of Section 2.14. To the extent that there are no available unappropriated revenues or a sufficient fund balance to meet such appropriations, the Council may by such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. c. Reduction of Appropriations. If at any time during the fiscal year it appears probable to the City Manager that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the City Manager, shall report to the City Council without delay, indicating the estimated amount of the deficit, any remedial action taken by the Council and recommendations as to any other steps to be taken. The Council shall then take such further action as it deems necessary to prevent or reduce any deficit and for that purpose it may by ordinance reduce one or more appropriations. d. Transfer of Appropriations. At any time during the fiscal year the City Council may by resolution transfer part or all of the unencumbered appropriation balance from one department or major organizational unit to the appropriation for other departments or major organizational units. The City Manager may transfer part or all of any unencumbered appropriation balances among programs within a department or organizational unit and shall report such transfers to the Council in writing prior to the next Council meeting. 12 05-23-2006 Amended e. Limitation; Effective Date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. Section 4.07 – Lapse of Appropriations. Every appropriation shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. Section 4.08 – Administration of Budget. The City Council shall provide by ordinance the procedures for administering the budget. Section 4.09 – Overspending of Appropriations Prohibited. No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made and unless the City Manager or the City Manager’s designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. Any authorization of payment or incurring of obligation in violation of the provisions of this Charter shall be void and any payments made illegal. A violation of this provision shall be cause for removal of any employee or officer who knowingly authorized or made such payment or incurred such obligation. Such employee or officer may also be liable to the City for any amount so paid. Except where prohibited by law, however, nothing in this Charter shall be construed to prevent the making of improvements to be financed wholly or partly by the issuance of bonds or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year, but only if such action is made or approved by ordinance. Section 4.10 – Public Records. Copies of the budget, and appropriation and revenue ordinances shall be public records and shall be made available to the public at suitable places in the City. ARTICLE V Elections Section 5.01 – City Elections. a. Regular Elections. The regular city election shall be held at the time established by state law or as established by ordinance of the City Council. b. Registered Voter Defined. All citizens legally registered under the Constitution and laws of the State of South Dakota to vote in the City shall be registered voters of the City within the meaning of this Charter. 13 05-23-2006 Amended c. Conduct of Elections. The provisions of the general election laws of the State of South Dakota shall apply to elections held under this Charter or as set forth in any ordinance adopted by the City Council. All elections provided for by this Charter shall be conducted by the election authorities established by law. Candidates shall run for office without party designation. For the conduct of City elections, for the prevention of fraud in such elections and for the recount of ballots in cases of doubt or fraud, the City Council shall adopt ordinances consistent with law and this Charter, and the election authorities may adopt further regulations consistent with law and this Charter and the ordinances of the Council. Such ordinances and regulations pertaining to elections shall be publicized in the manner of City ordinances generally. Section 5.02 – Initiative and Referendum. The powers of initiative and referendum are hereby reserved to the electors of the City. The provisions of the election law of the State of South Dakota, as they currently exist or may hereafter be amended or superseded, shall govern the exercise of the powers of initiative and referendum under this Charter. ARTICLE VI Brookings Municipal Utilities and Brookings Municipal Hospital Section 6.01 a. Management and Control of Brookings Municipal Utilities. The management and control of the Brookings Municipal Utilities is vested in the Utility Board as established by a vote of the Brookings city voters on April 14, 1970. The Utility Board may take any and all action it deems advisable in the furtherance of any utilities or enterprises now existing or hereafter acquired under its control including the borrowing of money, issuance of bonds and other forms of indebtedness. b. Management and Control of Brookings Municipal Hospital. The management and control of the Brookings Municipal Hospital is vested in a Hospital Board as established by Chapter 18 of the Code of Ordinances of the City of Brookings. The Hospital Board may take any and all action it deems advisable in the furtherance of the hospital or its related facilities under its control including the borrowing of money, issuance of bonds and other forms of indebtedness. 14 05-23-2006 Amended ARTICLE VII General Provisions Section 7.01 – Conflicts of Interest; Board of Ethics. a. Conflicts of Interest. The use of public office for private gain is prohibited. The City Council shall implement this prohibition by ordinance. Regulations to this end shall include but not be limited to: acting in an official capacity on matters in which the official has a private financial interest clearly separate from that of the general public; the acceptance of gifts and other things of value; acting in a private capacity on matters dealt with as a public official, the use of confidential information; and appearances by city officials before other city agencies on behalf of private interests. The appearance of impropriety shall be avoided. Municipal officials shall be, at a minimum, restricted from conflict of interest to the same extent that state public officials are bound by state law; provided however, that the City Council may adopt an ordinance setting a stricter standard. Section 7.02 – Prohibitions. a. Activities Prohibited. 1. No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office because of race, gender, sexual orientation, age, handicap, religion, country of origin, or political affiliation. 2. No person shall willfully make any false statement, certificate, mark, rating, or report in regard to any test, certification, or appointment under the provisions of this Charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations. 3. No person who seeks appointment or promotion with respect to any city position or appointive city administrative office shall directly or indirectly give, render, or pay any money, service, or other valuable thing to any person for or in connection with any test, appointment, proposed appointment or proposed promotion. 4. No person shall knowingly or willfully solicit or assist in soliciting any assessment, subscription, or contribution for any political party or political purpose to be used in conjunction with any city election from any city employee. 5. No city employee shall, directly or indirectly, contribute money or anything of value to or render service in behalf of the candidacy of any candidate for nomination or election to any City office. The expression of private or personal views concerning candidates for political office is not prohibited hereby. 15 05-23-2006 Amended Violation of this section shall be grounds for discharge or other disciplinary action. b. Penalties. Any violation of this section shall be sufficient cause for the suspension, demotion, or termination of the employment of any City employee found to be in violation of this section. The City Council shall establish by ordinance such further penalties as it may deem appropriate. ARTICLE VIII Charter Amendment Section 8.01 – Proposal of Amendment. Amendments to this Charter may be framed and proposed: a. In the manner provided by law, or b. By ordinance of the City Council containing the full text of the proposed amendment (except Sections 1.04, 1.05, 2.01, 2.02, 2.03 and 2.04 cannot be so amended) and effective upon adoption, or c. By report of a charter commission created by ordinance, or d. By the voters of the city, when any 15 qualified voters initiate proceedings to amend the Charter by filing with the City Clerk an affidavit stating they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed charter amendment. Promptly after the affidavit of the petitioners’ committee is filed, the Clerk shall issue the appropriate petition blanks to the petitioners’ committee. The petitions shall contain or have attached thereto throughout their circulation the full text of the proposed charter amendment and must be signed by registered voters of the City in the number of at least ten percent of those individuals actually voting in the City in the preceding gubernatorial election. Section 8.02 – Election. Upon delivery to other City election authorities of the report of a charter commission pursuant to Section 8.01(c) or delivery by the City Clerk of an adopted ordinance proposing an amendment pursuant to Section 8.01(b) or a petition finally determined sufficient to propose an amendment pursuant to Section 8.01(d), the election authorities shall submit the proposed amendment to the voters of the City in an election. Such election shall be announced by a notice containing the complete text of the proposed amendment and published in one or more newspapers of general circulation in the City at least 30 days prior to the date of the election. If the amendment is proposed by petition, the amendment may be withdrawn at any time prior to the 13th day preceding the day scheduled for the election by filing with the City Clerk a request for withdrawal signed by at least two-thirds of the members of the petitioners’ 16 05-23-2006 Amended committee. The election shall be held not less than 60 and not more than 120 days after the adoption of the ordinance or report or the final determination of sufficiency of the petition proposing the amendment. If no regular election is to be held within that period, the City Council shall provide for a special election on the proposed amendment; otherwise, the holding of a special election shall be as specified in the state election law. Section 8.03 – Adoption of Amendment. If a majority of the registered voters of the City voting upon a proposed charter amendment vote in favor of it, the amendment shall become effective at the time fixed in the amendment, or if no time is therein fixed, 30 days after the initial canvas certifying its adoption by the voters. ARTICLE IX Transition/Separability Provision Section 9.01 – Officers and Employees. a. Rights and Privileges Preserved. Nothing in this Charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are city officers or employees at the time of its adoption. b. Continuance of Office or Employment. Except as specifically provided by this Charter, if at the time this Charter or any amendment thereof takes full effect a City administrative officer or employee holds any office or position which is or can be abolished by or under this charter, he or she shall continue in such office or position until the taking effect of some specific provision under this Charter directing that he or she vacate the office or position. c. Personnel System. An employee holding a city position at the time this Charter takes full effect, who was serving in that same or a comparable position at the time of its adoption, shall not be subject to competitive tests as a condition of continuance in the same position but in all other respects shall be subject to the personnel system provided for in Article III. Section 9.02 – Departments, Offices and Agencies. a. Transfer of Powers. If a City department, office or agency is abolished by this Charter, the powers and duties given it by law shall be transferred to the City department, office or agency designated in this charter or, if the charter makes no provision, designated by the City Council. b. Property and Records. All property, records and equipment of any department, office or agency existing when this Charter or any amendment thereof is adopted shall be transferred to the department, office or agency assuming its powers and duties, but, in the event that the powers or duties are to be discontinued or divided between units or 17 05-23-2006 Amended in the event that any conflict arises regarding a transfer, such property, records or equipment shall be transferred to one or more departments, offices or agencies designated by the City Council in accordance with this Charter. Section 9.03 – Pending Matters. All rights, claims, actions, orders, contracts and legal administrative proceedings shall continue except as modified pursuant to the provisions of this Charter and in each case shall be maintained, carried on or dealt with by the City department, office or agency appropriate under this Charter. Section 9.04 – State and Municipal Laws. a. In General. All City ordinances, resolutions, orders and regulations which are in force when this amended Charter becomes effective shall continue except any ordinance is repealed to the extent it is inconsistent with this Charter or of ordinances or resolutions adopted pursuant thereto. To the extent that the Constitution and laws of the State of South Dakota permit, all laws relating to or affecting this City or its agencies, officers or employees which are in force when this Charter becomes fully effective are superseded to the extent that they are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto. Section 9.05 – Schedule. a. Transition and Election Schedule. Three (3) members of the City Council and the Mayor shall be elected at the regular city election in 2003, with two (2) members of the City Council elected to serve until the regular city election in 2004, after which the three (3) year terms of their successors shall begin, and one (1) member and the Mayor elected to serve until the regular city election in 2006 after which the three (3) year terms of their successors shall begin. Three (3) members of the City Council shall be elected at the regular city election in 2005, with one (1) member of the City Council elected to serve until the regular city election in 2006, after which the three (3) year term of their successor shall begin, and two (2) members elected to serve until the regular city election in 2008 after which the three (3) year terms of their successors shall begin. At the regular city election in 2006 and thereafter vacancies shall be filled for three year terms with regular city elections being held annually. b. Temporary Ordinances. In adopting ordinances as provided in Section 9.05(c), the City Council shall follow the procedures prescribed in Article II, except that at its first meeting or any meeting held within 60 days after the first City Council meeting of this Charter, the Council may adopt temporary ordinances to deal with cases in which there is an urgent need for prompt action in connection with the transition of government and in which the delay incident to the appropriate ordinance procedure would probably cause serious hardship or impairment of effective city government. 18 05-23-2006 Amended Every temporary ordinance shall be plainly labeled as such but shall be introduced in the form and manner prescribed for other adopted ordinances. A temporary ordinance shall become effective upon adoption or at such later time preceding automatic repeal under this subsection as it may specify, and the referendum power shall not extend to any such ordinance. Every temporary ordinance, including any amendments made thereto after adoption, shall automatically stand repealed as of the 91st day following the date on which it was adopted, renewed or otherwise continued except by adoption in the manner prescribed in Article II of this Charter for ordinances of the kind concerned. c. Initial Expenses. The initial expenses of the City Council, including the expense of recruiting a City Manager, shall be paid by the City on warrants signed by the Mayor and Clerk. Section 9.06 – Separability. If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby. 19 05-23-2006 Amended Amendments • May 23, 2006 – City Council approved Ordinance No. 17-06, an Ordinance Amending Section 7.02 of the Charter of the City of Brookings, SD, and pertaining to Prohibited Discrimination of the City of Brookings, SD. 20 05-23-2006 Amended Resolutions • December 14, 2010 – City Council approved Resolution No. 110-10, a Resolution establishing Special Meeting Compensation for Council Members of the City of Brookings. (see attached Resolution) • April 24, 2012 – City Council approved Resolution No. 69-12, a Resolution Revising Compensation for the Mayor and Council Members of the City of Brookings. (see attached Resolution) Resolution No. I I 0-1 0 Resolution Establishing Special Meeting Compensation for Council Members of the City of Brookings Be It Resolved by the City Council of the City of Brookings, South Dakota that for each special meeting of the City Council, the Council Members shall be paid a stipend of $75.00, in addition to the annual compensation as established in Section 2.04 of the City Charter. In accordance with City Charter Section 2.04, this resolution shall not become effective until the first regular meeting in May, 20 I I. Passed and approved on the 14'h day of December, 20 I 0. CITY OF BROOKINGS Tim Reed, Mayor Resolution No. 69-12 Resolution Revising Compensation for the Mayor and Council Members of the City of Brookings Be It Resolved by the City Council of the City of Brookings, South Dakota that the annual salary for Council Members of the City Council shall be $7,200 and shall be $9,600 for the Mayor. In accordance with City Charter Section 2.04, this resolution shall not become effective until the first regular meeting in May, 2012. Passed and approved on the 24th day of April, 20 12. CITY OF BROOKINGS Tim Reed, Mayor Shari Thornes City Clerk 520 3rd Street, Suite 230 Brookings, SD 57006 605.692.6281 sthornes@cityofbrookings.org November 9, 2016 FOR IMMEDIATE RELEASE For more information contact: Shari Thornes, City Clerk Phone: (605) 697‐8641 APPLICATIONS FOR CITY OF BROOKINGS INTERIM MAYOR The City of Brookings is now accepting applications for the soon‐to‐be vacant Mayor position left by Mayor Tim Reed’s resignation. The appointment term would be from January 1, 2017 – April 30, 2017. Applicants must be a Brookings resident for a minimum of six months and registered to vote in Brookings. Applications are available on the city website (www.cityofbrookings.org) or at the City Clerk’s Office, 520 3rd Street, Suite 230, Brookings, SD 57006, (605) 692‐6281. The completed application and other required documents must be submitted to the City Clerk no later than Wednesday, November 30, 2016 at 5:00 pm. All applicants will be invited to attend the December 13, 2016 City Council Meeting to provide additional information and respond to questions. The City Council is scheduled to vote on the appointment at a special meeting on December 20, 2016 at 5:00 pm. The Interim Mayor would then be sworn in and take office in January. Applicant Information Name: First Middle Last Address: Street City State ZIP Code Phone: (work) (cell) (home) Email: Employer: Occupation: Is your residence located within the city limits of Brookings? □ YES □ NO Are you a registered voter in the City of Brookings? □ YES □ NO How long have you been a resident of Brookings? 1. Please list relevant education or training: Application for Appointment to the Interim Mayor City Clerk’s Office 520 3rd Street, Suite 230 / PO Box 270 Brookings, SD 57006 (605) 692‐6281 phone; (605) 692‐6907 fax sthornes@cityofbrookings.org 2. Work experience: 3. Community Volunteer Service: 4. I would like to serve as the Mayor because: 5. Any other information you feel is important to the City Council Members as it considers your appointment for Mayor: Please return your application to the City Clerk’s Office: 520 3rd Street, Suite 230 / PO Box 270 Brookings, SD 57006 (605) 692-6281 phone, (605) 692-6907 fax sthornes@cityofbrookings.org www.cityofbrookings.org Advertising Policy – The City of Brookings will notify the public of the Mayoral vacancy. Notification of vacancies will consist of a press release to local media at least two weeks prior to the appointment. Appointment Process – Applications will be accepted until Wednesday, November 30, 2016 at 5:00 pm. All applications for appointment will be provided to the City Council for consideration. City Council action is required to approve the appointment and is scheduled to occur on January 10, 2017. Thank you for applying!