HomeMy WebLinkAbout2014_10_28 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
Council Chambers6:00 PMTuesday, October 28, 2014
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Consent Agenda:
Action: Motion to Approve, Request Public Comment, Roll Call
Matters appearing on the Consent Agenda are expected to be non-controversial and
will be acted upon by the Council at one time, without discussion, unless a member of
the Council or City Manager requests an opportunity to address any given item. Items
removed from the Consent Agenda will be discussed at the beginning of the formal
items. Approval by the Council of the Consent Agenda items means that the
recommendation of the City Manager is approved along with the terms and conditions
described in the agenda supporting documentation.
3.A. Action to approve the agenda.
Action to approve minutes.ID 2014-00223.B.
10/03/2014 Council Minutes
10/14/2014 Council Minutes
Attachments:
Action on Resolution 14-093, a Resolution declaring surplus property:
1993 Ford F350 Crew Cab Pickup.
RES 14-0933.C.
Resolution 14-093Attachments:
Action on Resolution 14-095, a Resolution designating the Mayor as
Certifying Officer for ICAP Self-Help Homeownership Opportunity
Program.
RES 14-0953.D.
Resolution 14-095
Map
Attachments:
4. Items removed from Consent Agenda.
Action: Motion to Approve, Request Public Comment, Roll Call
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October 28, 2014City Council Meeting Agenda
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:
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.
Introduction and First Reading of Ordinance 14-024, rezoning a portion
of the W ½ of the Christie Heights Addition in the SW ¼ of the NW ¼ of
Section 2-T109N-R50W from a Residence R-1B District to a Residence
R-1C District. Public Hearing: November 4, 2014.
ORD 14-0247.A.
Ordinance 14-024
Hearing Notice: Christie Heights Rezone 10-2014
10/7/2014 Planning Commision Minutes
Zoning Map October 2014
Residence R-1C Regulations
Attachments:
Introduction and First Reading of Ordinance 14-025, rezoning R'Surene
Morgan Farm Addition from a Residence R-3A District to a Business B-3
District. Public Hearing: November 4, 2014.
ORD 14-0257.B.
Ordinance 14-025
Hearing Notice: Mills rezone R'Surene 10-2014
10/7/2014 Planning Commission Minutes
Rezone Map Excerpt
Aerial Map
Business B-3 Regulations 2013
Attachments:
8. Public Hearings and Second Readings:
9. Other Business:
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October 28, 2014City Council Meeting Agenda
Action on Resolution 14-094, a Resolution accepting a gift of real
property to the City of Brookings, SD.
RES 14-0949.A.
Resolution 14-094
Transfer Memo from H&M Land Co. 5/4/2006
Map - Lot 31 Whapeton Village
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Action on the Renewal of City-County Intergovernmental Agreement for
dispatch services.
ID 2014-00209.B.
911 Joint Powers AgreementAttachments:
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 Tom Bezdichek, Jael Thorpe, John Kubal, Dan Hansen, Ope Niemeyer
Council Staff:
Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm
The complete City Council agenda packet is available on the city website: www.cityofbrookings.org
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.
Engage Brookings is an online tool where citizens can engage, communicate and collaborate with community
decision makers and other residents. Where these ideas overlap is the future of Brookings.
www.engagebrookings.org
Page 3 City of Brookings Printed on 10/23/2014
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 2014-0022,Version:1
The draft October 3 and October 14 City Council minutes are enclosed for Council review and
approval.
City of Brookings Printed on 10/23/2014Page 1 of 1
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Brookings City Council
October 3, 2014 (unapproved)
The Brookings City Council held a special meeting on Friday, October 3, 2014 at 8:00 a.m., at
City Hall with the following members present: Mayor Tim Reed, Council Members Dan Hansen,
Ope Niemeyer, Keith Corbett, John Kubal, Tom Bezdichek and Jael Thorpe. City Attorney Steve
Britzman, City Manager Jeffrey Weldon and City Clerk Shari Thornes were also present.
Executive Session. A motion was made by Kubal, seconded by Hansen, to enter into executive
session at 8:00 a.m., pursuant to SDCL 1-25-2 for purposes of consulting with legal counsel
about contractual matters with the City Manager, City Attorney, City Clerk and Al Heuton
present. Deputy Mayor Corbett presided during executive session. A motion was made by
Corbett, seconded by Hansen, to exit executive session at 8:35 a.m. All present voted yes;
motion carried.
Resolution No. 82-14. A motion was made by Corbett, seconded by Hansen, to approve
Resolution No. 82-14, a Resolution authorizing the execution of a Development Agreement by
the City of Brookings, SD, which is an Agreement for Economic Development of and in the City
of Brookings; authorizing economic development rebates, all as to be set forth in an
Development Agreement, and authorizing the documents to effectuate the terms of this
Resolution. All present voted yes; motion carried.
Resolution No. 82-14 -Resolution Authorizing The Execution Of A Development Agreement
By And Between The City Of Brookings,South Dakota And 3m Company, Which Is An
Agreement For Economic Development Of And In The City Of Brookings; Authorizing An
Economic Development Grant And The Expenditure Of Funds For Economic Development
Purposes, AllAs Set Forth In The Development Agreement Between The City Of Brookings And
3m Company, And Authorizing The Documents To Effectuate The Terms Of This Resolution
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota (the "City"), as
follows:
The City of Brookings (referred to herein as the "City") has determined that it is essential to
the economic vitality of the City to promote economic and industrial development in the City
through, in part,the expansion of quality manufacturing companies;and
3M Company (hereafter “3M”), a diversified, innovation and manufacturing company whose
products are sold worldwide, identified the City of Brookings as a potential site for a facility
expansion and the manufacturing of new product lines; and
The City recognizes 3M Company as a quality manufacturing company whose products are
recognized and sold worldwide;and
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The expansion of the 3M Facility is an excellent economic development opportunity for
Brookings, particularly because of 3M Company’s long history in the community as a key
employer;and
The Governor’s Office of Economic Development (GOED), the Brookings Economic Development
Corporation (BEDC) and the City have worked cooperatively to develop economic development
incentives necessary to induce 3M to select Brookings as the site for its expanded facility and
production capabilities ; and
Based upon the recruitment efforts of GOED, the BEDC and the City, and the offer of economic
incentives by the City and GOED necessary to induce and assist 3M to select Brookings as the
site for its expanded facility and production capabilities, the City of Brookings has been
selected as the proposed site of 3M’s expanded Facility and production capabilities, with
construction to begin in 2015;and
3M Company’s expansion will consist of two phases, with the first phase ("Phase I”)
including various plant modifications, the acquisition of an estimated $11.7 Million Dollars in
new equipment, and the creation of 29 additional FTE positions; and
The second phase of the Project (“Phase II”) includes the construction of an estimated $16.5
Million Dollar, forty-four thousand (44,000) square foot building addition, the acquisition of an
estimated $40 Million Dollars in equipment over a five year (2014-18) time period, and the
creation of 60 additional FTE positions; and
The City has the authority, pursuant to South Dakota Codified Laws, particularly SDCL 9-12-11,
SDCL 9-54-l and SDCL 10-52A-2, to promote the City and to provide through economic
development grants the incentives which are necessary to cause economic development
projects such as the 3M Company Facility expansion to choose to locate and expand its
facilities, equipment and workforce in Brookings; and
Because of the significant benefits the City of Brookings will receive if the 3M expansion is
completed in Brookings, the City of Brookings has offered economic development incentives,
described as follows: An economic development grant to 3M Company in an amount equal to
three-fourths (3/4) of the municipal sales tax paid to add production equipment for Phase I and
Phase II of the expansion, which grant shall be an amount which is equivalent to a
reimbursement of three-fourths (3/4) of actual municipal sales tax paid on equipment
purchases for Phase I and Phase II paid by 3M Company, with the grant amount not to exceed
$775,500.
The economic incentive described above to be provided by the City of Brookings: (i) is set forth
in the Development Agreement referenced above, (ii) is subject to detailed requirements and
milestones set forth in the Development Agreement, and (iii) is determined by the City to
assure the location of both Phases of the 3M expansion in Brookings, and (iv) will lead to
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substantial economic benefits and increased employment in the City of Brookings and
surrounding region; and
The City of Brookings, hereby finds that the agreement to provide economic incentives as
stated in this Resolution and set forth in detail in the Development Agreement, a copy of which
is available at City Hall for public inspection, are consistent with the substantial benefits to be
received by the City of Brookings if the 3M expansion is completed in Brookings, and
The City of Brookings intends to complete the transactions set forth herein pursuant to the
agreements and documents consistent with this Resolution, which are or will be incorporated in
a Development Agreement between 3M Company and the City of Brookings.
The transactions, grant and incentives set forth herein and in the Development Agreement
between the parties hereto are hereby authorized.
The Mayor, the City Manager, the City Clerk and the City Attorney are hereby authorized to
execute on behalf of the City the documents and grant payments required to complete the
transactions described herein, including the Development Agreement, and such other
documents and Agreements which are consistent with the terms of this Resolution and the
Development Agreement.
Adjourn.A motion was made by Hansen, seconded by Corbett, to adjourn. All present voted
yes; motion carried. Meeting adjourned 8:44 a.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
1
Brookings City Council
October 14, 2014 (unapproved)
The Brookings City Council held a meeting on Tuesday, October 14, 2014 at 6:00 p.m., at City
Hall with the following members present: Mayor Tim Reed, Council Members Keith Corbett,
Dan Hansen, Ope Niemeyer, John Kubal, Tom Bezdichek and Jael Thorpe. City Attorney Steve
Britzman, City Manager Jeffrey Weldon and Deputy City Clerk Bonnie Foster were also present.
6:00 p.m. Regular Council Meeting
Consent Agenda. A motion was made by Hansen, seconded by Corbett, to approve the consent
agenda.
A. Action to approve the agenda.
B. Action to approve the September 23 Council Minutes.
C. Action on Resolution No. 83-14, a Resolution of Support endorsing the Candidacy of
Brookings County, South Dakota for Community of Opportunity Project of Growing
Food Connections.
Resolution No. 83-14 - A Resolution of Support endorsing the Candidacy of Brookings
County, South Dakota for Community of Opportunity Project of Growing Food
Connections
Whereas, the City of Brookings considers agriculture and the preservation of productive
farmland to be of utmost importance to the region and considers productive farms and
ranches to provide access to healthy food and a strong local economy; and
Whereas, the City of Brookings welcomes technical assistance from the Growing Food
Connections program for Brookings County, South Dakota to increase food production,
farmland preservation and food security through public policy; and
Whereas, the City of Brookings supports having a venue to promote farmland
preservation, agricultural production, and local food security though curriculum,
support materials, and other resources, including links to policies, plans, statistics, and
literature; and
Whereas, the City of Brookings supports a forum that will engage diverse stakeholders
including farmers, ranchers, city residents, local school districts, local governments,
public health departments, planners, regional councils, agricultural organizations, land
grant universities, and food policy councils; and
Whereas, officials of the City of Brookings feel that it is in the best interest of the
citizens of Brookings County, South Dakota to endorse said project; and
Now, Therefore, Be It Resolved that the City of Brookings hereby endorses Brookings
County, South Dakota for its candidacy in the Community of Opportunity program of
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Growing Food Connections, an organization funded by the United States Department of
Agriculture.
All present voted yes; motion carried.
Resolution No. 84-14. A motion was made by Hansen, seconded by Niemeyer, to approve
Resolution No. 84-14, a Resolution authorizing the purchase of one new marked police vehicle.
All present voted yes; motion carried.
Resolution No. 84-14 - Purchase of Police Vehicle
Whereas, the City of Brookings purchases police and animal control vehicles to replace in to the
fleet of the Brookings Police Department; and
Whereas, the City of Brookings has approved the replacement and purchase of one marked
police vehicle for the fiscal year 2014; and
Whereas, the Brookings Police Department has requested the purchase of one marked police
vehicle for the replacement of one marked police vehicle; and
Whereas, the Brookings Police Department has received an offering according to specifications
set forth from Einspahr Auto Plaza of Brookings, South Dakota for one 2015 Dodge Ram SSV
1500 pickup.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota,
shall approve the purchase of one 2015 Dodge Ram SSV 1500 Pick-Up from Einspahr Auto Plaza
of Brookings, South Dakota.
Resolution No. 85-14. A motion was made by Corbett, seconded by Kubal, to approve
Resolution No. 85-14, a Resolution awarding a contract on Project 2014-04SSI, Derdall Drive
Drainage Improvement Project. All present voted yes; motion carried.
Resolution No. 85-14 - Resolution Awarding Bids on Project 2014-04SSI
Derdall Drive Drainage Improvement Project
Whereas, the City of Brookings opened bids for Project 2014-04SSI Derdall Drive Drainage
Improvement Project on Tuesday, October 7, 2014 at 1:30 pm at the Brookings City & County
Government Center; and
Whereas, the City of Brookings has received the following bids: Rounds Construction Company,
Inc., Brookings: $62,600.90 and Prussman Contracting, Inc., Brookings: $79,528.30.
Now Therefore, Be It Resolved that the low bid of $62,600.90 for Rounds Construction
Company, Inc., Brookings, SD be accepted.
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Resolution No. 86-14. A motion was made by Hansen, seconded by Thorpe, to approve
Resolution No. 86-14, a Resolution authorizing Change Order No. 2 (CCO#2) for 2014-02STI,
Main Avenue South and 26th Street South Assessment Project; Bowes Construction, Inc. All
present voted yes; motion carried.
Resolution No. 86-14 - Resolution Authorizing Change Order No. 2 (CCO#2) for
2014-02STI, Main Avenue South and 26th Street South Assessment Project
Bowes Construction Inc.
Be It Resolved by the City Council that the following change order be allowed for 2014-02STI,
Main Avenue South and 26th Street South Assessment Project:
Construction Change Order Number 2:
Schedule A: Adjust the contract to bore 2,180 LF of 6” sanitary sewer forcemain and reduce the
quantities for trench dewatering, pipe bedding material, and seeding for a total increase of
$28,078.00 to the contract.
The total change order will be an increase of $28,078.00 to the contract and increase the
contract completion date by five calendar days.
Resolution No. 87-14. A motion was made by Niemeyer, seconded by Hansen, to approve
Resolution No. 87-14, a Resolution authorizing Change Order No. 3 (CCO#3) for 2014-02STI,
Main Avenue South and 26th Street South Assessment Project; Bowes Construction, Inc. All
present voted yes; motion carried.
Resolution No. 87-14 - Resolution Authorizing Change Order No. 3 (CCO#3) for
2014-02STI, Main Avenue South and 26th Street South Assessment Project
Bowes Construction Inc.
Be It Resolved by the City Council that the following change order be allowed for 2014-02STI,
Main Avenue South and 26th Street South Assessment Project:
Construction Change Order Number 3:
Schedule A: Adjust the contract for the addition of a temporary water service to serve Taylor’s
Fireworks and Dean Christie’s residence for a total increase of $9,786.00 to the contract.
The total change order will be an increase of $9,786.00 to the contract and increase the
contract completion date by two calendar days.
Resolution No. 88-14. A motion was made by Kubal, seconded by Hansen, to approve
Resolution No. 88-14, a Resolution awarding a contract for the purchase of one used Lull 644E-
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42 Telehandler Forklift for the Brookings Parks, Recreation and Forestry Dept. All present voted
yes; motion carried.
Resolution No. 88-14 - Resolution Awarding a Contract for the Purchase of One Used Lull 644E-
42 Telehandler Forklift for the Brookings Parks, Recreation and Forestry Dept.
Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, August 19, 2014 and
the City did not receive any bids; and subsequently
Whereas, the City of Brookings has sought and received the following quote for One Used Lull
644E-42 Telehandler Forklift following the bid specifications (including delivery):
Company Final Quote Price
Coast to Coast Equipment: From Scissors to Cranes, Inc.$37,500
Valley View, Ohio
Now Therefore, Be It Resolved that the quote from Coast to Coast Equipment: From Scissors to
Cranes, Inc. of Valley View, Ohio in the amount of $37,500 be accepted.
The capital budget for this expenditure is $40,000
Resolution No. 89-14. A motion was made by Kubal, seconded by Niemeyer, to approve
Resolution No. 89-14, a Resolution awarding a contract for the purchase and installation of a
new gas pool heater for the Brookings Parks, Recreation and Forestry Dept. All present voted
yes; motion carried.
Resolution No. 89-14 - Resolution Awarding a Contract for the Purchase and Installation of a
New Gas Pool Heater for the Brookings Parks, Recreation and Forestry Dept.
Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, September 2, 2014
and the City did not receive any bids; and subsequently
Whereas, the City of Brookings has sought and received the following quote for the Purchase
and Installation of a New Gas Pool Heater following the bid specifications: Kenner Plumbing
Co., Brookings, SD, in the amount of $24,950.00.
Now Therefore, Be It Resolved that the quote from Kenner Plumbing Co. of Brookings, SD in the
amount of $24,950 be accepted.
The capital budget for this expenditure is $32,000
Ordinance No. 23-14. A public hearing was held on Ordinance No. 23-14, an Ordinance
rezoning the South 748 feet of the west 569 feet, except the platted areas thereof, in the SW ¼
of the NE ¼ of Section 1-T109N-R50W from an Agricultural A and Residence R-1B District to a
5
Residence R-2 District (24th St. So. and 17th Ave. So.). Public comment: Wade Price, Frank
Kurtenbach. A motion was made by Hansen, seconded by Thorpe, to approve Ordinance No.
23-14. An Amendment was made by Niemeyer, seconded by Hansen, to change the zoning to a
R-1C District. All present voted yes, except Thorpe voted no; motion carried. On the original
motion, as amended, all present voted yes; motion carried.
Resolution No. 90-14. A public hearing was held on Resolution No. 90-14, a Resolution of
intent to Lease Real Property to Private Person. No public comment. A motion was made by
Corbett, seconded by Hansen, to approve Resolution No. 90-14. All present voted yes; motion
carried.
Resolution No. 90-14 - Resolution of Intent to Lease Property at 135 Western Avenue
to Access Holdings, LLC
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 Access Holdings, LLC for the period of 15 months,
pertaining to the following described property: The South 40 feet of the West 75 feet of Lot “A
and Lot “B”, All in Lot 5 of Block 4, Bidco Addition in Section 26, T110N-R50W in the City of
Brookings, Brookings County, South Dakota
The Lease will be an amount of Five Thousand Dollars, $5,000.00, prepaid with closing.
Be It Further Noted, that a Public Hearing on this Resolution was held on October 14, 2014 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.
Adjourn.A motion was made by Corbett, seconded by Hansen, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 6:45 p.m.
CITY OF BROOKINGS
ATTEST: 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 #:RES 14-093,Version:1
Action on Resolution 14-093, a Resolution declaring surplus property: 1993 Ford F350 Crew Cab
Pickup.
Summary:
The City Street Department has the following vehicle to be declared as surplus property. This vehicle
was purchased used and was destroyed in the June 1, 2014 Street Department fire. The surplus
vehicle is as follows:
One (1) 1993 Ford F350 Crew Cab Pickup
VIN #: 2FTJW35H3PCB23457
This resolution will surplus this vehicle and allows the city to sell it.
Background:
This vehicle is being declared surplus property according to SDCL Chapter 6-13 because it was
damaged in the June 1, 2014 Street Department fire.
Fiscal Impact:
It is anticipated that the City will attempt to sell this vehicle using the on-line auction process.
Recommendation:
Staff recommends approval.
Attachments:
Resolution 14-093
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Resolution No. 14-093
Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings Street Department:
One (1) 1993 Ford Crew Cab Pickup
Model F350
Vin Number 2FTJW35H3PCB23457
Whereas, in the best financial interest, it is the desire of the City of Brookings to sell
same as surplus property;
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South
Dakota, that this property be declared surplus property according to SDCL Chapter 6-
13.
Passed and approved this 28th day of October, 2014.
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 14-095,Version:1
Action on Resolution 14-095, a Resolution designating the Mayor as Certifying Officer for ICAP Self-
Help Homeownership Opportunity Program.
Summary:
Interlakes Community Action Partnership (ICAP) is preparing to utilize Self-Help Homeownership
Opportunity Program (SHOP) funds from the U.S. Department of Housing and Urban Development.
The proposed project is located at the following legal address:
Lot 11 of Block 2 and Lot 1 of Block 3, Moriarty Heights Addition, City of Brookings, Brookings
County, South Dakota
First District Association of Local Governments is assisting ICAP with the application and
administration of the program funds. However, the SHOP funds require a local unit of government to
serve as the environmental certifying officer for the purpose of signing required environmental
documents pertaining to this grant program. The City has previously designated environmental
certifying officers for similar projects, such as Brookings Area Habitat for Humanity and other ICAP
projects.
Approval of this resolution will designate the Mayor of the City of Brookings as the certifying officer
for the purpose of signing required environmental documents pertaining to this grant program.
Fiscal Impact:
None
Recommendation:
Staff Recommends Approval
Attachments:
Resolution 14-095
Map
City of Brookings Printed on 10/23/2014Page 1 of 1
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Resolution No. 14-095
Resolution Designating Mayor as Certifying Officer for
ICAP Self-Help Homeownership Opportunity Program
Whereas, the Inter-Lakes Community Action Partnership (ICAP) expects to utilize US Department of
Housing and Urban Development Self-Help Homeownership Opportunity Program (SHOP) funds to assist
with the purchase of land for housing development purposes; and
Whereas, the City of Brookings is required to designate an environmental certifying officer for the
purpose of signing required environmental documents pertaining to this grant program;
Now, Therefore, Be It Resolved, that the Mayor be hereby designated as the city’s official for the
purpose of signing environmental correspondence and other required documents and forms for said
project.
Passed and approved this 28th day of October 2014.
City of Brookings
ATTEST:Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 14-024,Version:1
Introduction and First Reading of Ordinance 14-024, rezoning a portion of the W ½ of the Christie
Heights Addition in the SW ¼ of the NW ¼ of Section 2-T109N-R50W from a Residence R-1B
District to a Residence R-1C District. Public Hearing: November 4, 2014.
Summary:
Rezone several lots along Western Avenue to a higher density single-family district.
Background:
The rezoning of Christie Heights Addition was completed in July. The Residence R-2 District
accounted for 40% of the lots and the Residence R-1B District covered the remaining lots. The
owner designated the northern portion of the subdivision as R-1B and the south part as R-2.
Western Avenue is a minor collector and will certainly see an increase in traffic as development
continues in this area. The adjoining, undeveloped land on the west side of Western Avenue is in the
Joint Jurisdiction Area within Brookings County. It is in the Residence R-1B District.
Specifics: The rezoning will involve 5 lots abutting the east side of Western Avenue. The R-1C
allows for lot area and lot width reductions of 2,500 square feet and 25 feet, respectively. This will
result in an additional two lots to be added as a minor preliminary plat amendment.
Fiscal Impact:
None
Recommendation:
The Planning Commission voted 8 yes and 0 no to recommend approval of the rezoning.
Attachments:
Ordinance 14-024
Hearing Notice: Christie Heights Rezone 10-2014
10/7/2014 Planning Commission Minutes
Zoning Map October 2014
Residence-R-1C Regulations
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Ordinance No. 14-024
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:
A portion of the W ½ of the Christie Heights Addition in the SW ¼ of the NW ¼ of
Section 2-T109N-R50W
be and the same is hereby rezoned and reclassified from a Residence R-1B District to a
Residence R-1C District
In accordance with Section 94-7 of Article I of Ordinance 17-13 of the Code of
Ordinances of Brookings, South Dakota, as said districts are more fully set forth and
described in Articles III and IV, Chapter 94 of Ordinance No. 17-13 of the City of
Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is
hereby altered and changed in accordance herewith pursuant to said Ordinance No. 17-
13 of the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: October 28, 2014
Second Reading and Adoption:
Published:
CITY OF BROOKINGS
________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
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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 Dean B. Christie, Authorized Representative of the
Christie Family Trust, has submitted a petition to rezone the following described real estate in
the City of Brookings, in Brookings County, South Dakota:
A portion of the W ½ of the Christie Heights Addition in the SW ¼ of the NW ¼ of
Section 2-T109N-R50W from a Residence R-1B District to a Residence R-1C
District.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning
Commission at 5:30 PM on Tuesday, October 7, 2014, in the Chambers Room on the third
floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South
Dakota. Any action taken by the City Planning Commission is a recommendation to the City
Council.
Any person interested may appear and be heard in this matter.
Dated this 26th day of September, 2014.
____________________________
Dan Hanson
Planning & Zoning Administrator
Planning Commission
Brookings, South Dakota
October 7, 2014
OFFICIAL MINUTES
Chairperson Hal Bailey called the regular meeting of the City Planning Commission to order on Tuesday, October 7,
2014 at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members
present were Donna DeKraai, James Drew, Greg Fargen, Alan Gregg, Alan Heuton, Lee Ann Pierce, Kristi Tornquist,
and Bailey. Absent was Cameron. Also present were Jacob Mills, Mike McClemans, Dean Kattelmann, Tim Burns,
Community Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson, and others.
Item #1 – (Pierce/Gregg) Motion to approve the minutes from the September 2, 2014 meeting. All present
voted aye. MOTION CARRIED.
Item #2 – Bailey requested removing item #7, Vision 2020 Update, and moving it to a special meeting on
October 16th.
(Heuton/Tornquist) Motion to approve the amended agenda. All present voted aye. MOTION CARRIED.
Item #3a – Sunny Ridge Inc has submitted a Final Plat of Lot 7B and 7C, Block 11, McClemans Addition.
Item #3b -Sioux Empire Development Corporation has submitted a Final Plat of Lots 4-9, Block 6; and Lots
6-8, Block 7, Timberline Addition.
Item #3c -M LLC, has submitted a Final Plat of Lots 10, 14A, and 15-18, Block 4, Moriarty Heights
Addition.
(Pierce/Tornquist) Motion to approve the Final Plats contingent upon utility and drainage easements. All
present voted aye. MOTION CARRIED.
Item #4 -SDSU has submitted a petition to vacate that portion of 9th Street located between 9th Avenue and
Medary Avenue.
(Heuton/Fargen) Motion to approve the vacation as presented. Drew, Fargen, Gregg, Heuton, Pierce,
Tornquist and Bailey voted aye. DeKraai voted no. MOTION CARRIED.
Item #5 -Dean B. Christie, Authorized Representative of the Christie Family Trust, has submitted a petition
to rezone a portion of the W1/2 of the Christie Heights Addition in the SW ¼ of the NW ¼ of Section 2-
T109N-R50W from a Residence R-1B District to a Residence R-1C District.
(Gregg/Drew) Motion to approve the rezoning as presented. All present voted aye. MOTION CARRIED.
Item #6 -John H. Mills has submitted a petition to rezone R’Surene Morgan Farm Addition in the NW ¼ of
the NW ¼ of Section 6-T109N-R49W from a Residence R-3A District to a Business B-3 District.
(Tornquist/Pierce) Motion to approve the rezoning as presented. All present voted aye. MOTION
CARRIED.
The meeting was adjourned.
_______________________________________________
Dan Hanson, Secretary Hal Bailey, Chairperson
Planning & Zoning Administrator
Planning Commission
Brookings, South Dakota
October 7, 2014
OFFICIAL SUMMARY
Chairperson Hal Bailey called the regular meeting of the City Planning Commission to order on Tuesday,
October 7, 2014 at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government
Center. Members present were Donna DeKraai, James Drew, Greg Fargen, Alan Gregg, Alan Heuton, Lee
Ann Pierce, Kristi Tornquist, and Bailey. Absent was Cameron. Also present were Jacob Mills, Mike
McClemans, Dean Kattelmann, Tim Burns, Community Development Director Mike Struck, Planning and
Zoning Administrator Dan Hanson, and others.
Item #3a – Hanson noted that 5 feet was added to the east end of Lot 7A so that Lots 7B and 7C would be
in-line with the rear lot line of Lot 6A.
Item #3b – This plat matches the preliminary plat that was approved earlier this year.
Items #3c – This plat matches the preliminary plat approved in 2008. Lot 14A is a replat of Lot 14 due to the
location of a storm sewer pipe under lot 15.
Items #4 – Hanson stated the street vacation involved ½ block of 9
th Street, west of Medary Avenue. SDSU
was the sole owner of the properties on the north and south sides of the street. This portion of 9
th Street
extended from Medary Avenue to 6th Avenue. Ninth Street was a local residential street with low traffic
counts and most traffic traveling east on 9
th Street to Medary Avenue would originate primarily from
properties between 6th Avenue and 9th Avenue.
Mike McClemans, a concerned citizen, asked if a turn-around would be provided. Hanson remarked that the
redevelopment plans that he had seen indicated a turn-around near the alley. Dean Kattelmann, representing
SDSU, stated a turn-around was in the plans.
DeKraai was concerned about how the street vacation would impact traffic patterns in the neighborhood. She
felt the neighborhood was an historic part of the city and the street vacation would negatively affect it.
Items #5 – Hanson noted the rezoning involved 5 preliminarily platted lots along Western Avenue. The
proposed R-1C District zoning would retain the same types of permitted uses as the current R-1B District but
slightly increase the units per acre density since the minimum lot area would be reduced from 10,000 square
feet to 7,500 square feet. This would allow for the addition of two more lots.
Items #6 - Hanson stated that the rezoning proposal involved a large tract of land that currently contained
several uses. The land had originally been part of a large mobile home park project that began in the 1970s.
Later on, the land was platted off and sold. The parcel was annexed into the city in 2012. The Edgebrook
Golf Course was located north of the property, a single-family residence and mobile park were across 22
nd
Avenue to the west, and a mobile home park was to the south and east.
Heuton asked why the request was for a Business B-3 District rather than a B-2 District. He felt a temporary
storage use, which was allowed in the B-3, would not be a good fit near the streets. Jacob Mills, representing
John Mills, stated the B-3 District would allow a current use to come into conformance with zoning. He added
that a temporary storage facility was contemplated but the use would be on the south or east side of the parcel
and not along any rights-of-way. These areas would be reserved for general retail uses. He also noted that
some uses were conditional uses in the B-2 but permitted in the B-3. He preferred not to have to come back
later with another application.
Pierce asked if the golf course would be impacted negatively by this commercial zoning. Hanson responded
that courses are often near commercial areas but it does not seem to impact them since they are a daytime use
only.
The meeting was adjourned.
________________________________________________
Dan Hanson, Secretary Hal Bailey, Chairperson
Planning & Zoning Administrator
Sec. 94-125.5 RESIDENCE R-1C SINGLE-FAMILY
(a) Intent.This district is intended to provide for areas of residential use with a gross
density of approximately six dwelling units per acre or less. The district permits single-
family dwellings and supportive community facilities such as parks, playgrounds, schools,
and churches.
(b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in
this title, when referred to in this section, are the district regulations of the Residence R-1C
Single-Family District.
(c) Permitted Uses.Single-family dwelling including accessory uses incidental thereto
such as private garages, parking areas, etc.
(d) Permitted Special Uses. A building or premises may be used for the following
purposes in conformance with conditions prescribed herein:
1. All permitted special uses and conditions as stated in Section 94-124(d) (R-1A).
2. Private school of general instruction.
a. One of the frontages of the premises shall abut upon an arterial or collector
street.
3. Family day care.
a. Restricted to 12 or less children at any one time.
(e) Conditional Uses.
1. Retirement or nursing home
2. Two family dwelling
3. Group home
4. Major home occupation
5. Public recreation facility
6. Bed and breakfast establishment
(f) Density, Area, Yard and Height Regulations.
The R-1C District regulations shall be as follows:
Per Min Min Min Min Min Max
Unit Lot Lot Front Side Rear Hgt
Density Area Width Yard Yard Yard
Sq.Ft.Sq.Ft.
Single-Family 7,500 7,500 50'25'7'25'35'
Two-Family 5,625 11,250 75'25'7'25'35'
Other Allowable Uses 10,000 75'25'10'25'35'
Density per family requirements shall not apply to dormitories, fraternities, sororities,
nursing homes or other similar group quarters where no cooking facilities are provided in
individual rooms
(g) Accessory Uses. Accessory uses and building permitted in the R-1C District are
buildings and uses customarily incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the R-1C District shall be
in conformance with the regulations set forth in division 4 of article VI of this chapter
(i) Sign Regulations. Signs within the R-1C District shall be in conformance with the
regulations set forth in division 5 of article VI of this chapter
(j) Other Regulations. Development within the R-1C District shall be in conformance
with the regulations set forth in article II of this chapter
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 14-025,Version:1
Introduction and First Reading of Ordinance 14-025, rezoning R'Surene Morgan Farm Addition from
a Residence R-3A District to a Business B-3 District. Public Hearing: November 4, 2014.
Summary:
Rezone a large single tract of land for “heavy” business uses.
Background:
This acreage contains an old farmsite, mobile home “park”, pole building, shelterbelt, and hay land.
The house next to the shelterbelt has existed in the northwest corner for many decades. Four mobile
homes were established east of the shelterbelt in 1968 and the pole building was constructed in the
1980s.
The entire quarter-section of land was under single ownership in the late 1960s. The owner
established the Western Estates Mobile Home Park in 1970 and lived in the former farmhouse.
There were plans to create a much larger park at that time but that never materialized. In 1976,
Brookings County adopted a Comprehensive Plan and Zoning Ordinance. This quarter-section of
land was zoned by the county to a Residence R-3A District to create a conforming use. Surrounding
land uses include Edgebrook Golf Course to the north, a single-family residence and mobile home
park to the west, and a mobile home park to the south and east.
In 1979, the owner platted the northwest corner as the R’Surene Morgan Farm Addition. Both the
mobile home park and new subdivision were later sold. The owners of the Western Estates Mobile
Home Park annexed in 2003 and the R’Surene Morgan Farm Addition was annexed in 2012.
Specifics: The area proposed for rezoning contains 17.54 acres. Twenty-second Avenue South and
20th Street South are adjacent to the parcel on the west and north sides, respectively, and both are
classified as arterial streets. The parcel is bordered on the south and east by mature conifers and
deciduous trees. A commercial rezoning of this parcel would require a 50 foot landscape perimeter
be established next to any residential district boundary line.
The Vision 2020 Comprehensive Plan promotes commercial clusters at major intersections in the
south part of Brookings. The northwest quadrant of the 22nd Ave So./20th St. So. intersection was
zoned for commercial uses based on the Plan recommendations. This parcel contains 5.5 acres.
The parcel in the southwest quadrant contains an isolated single-family dwelling on 1.5 acres. This
property could also see a commercial redevelopment proposal in the future.
Fiscal Impact:
None
Recommendation:
The Planning Commission voted 8 yes and 0 no to recommend approval of the proposed rezoning.
City of Brookings Printed on 10/23/2014Page 1 of 2
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File #:ORD 14-025,Version:1
Attachments:
Ordinance 14-025
Hearing Notice: Mills rezone R’Surene 10-2014
10/7/2014 Planning Commission Minutes
Rezone Map Excerpt
Aerial Map
Business B-3 Regulations 2013
City of Brookings Printed on 10/23/2014Page 2 of 2
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Ordinance No. 14-025
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:
R’Surene Morgan Farm Addition in the NW ¼ of the NW ¼ of Section 6-T109N-R49W
be and the same is hereby rezoned and reclassified from a Residence R-3A District to a
Business B-3 District
In accordance with Section 94-7 of Article I of Ordinance 17-13 of the Code of
Ordinances of Brookings, South Dakota, as said districts are more fully set forth and
described in Articles III and IV, Chapter 94 of Ordinance No. 17-13 of the City of
Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is
hereby altered and changed in accordance herewith pursuant to said Ordinance No. 17-
13 of the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading:October 28, 2014
Second Reading and Adoption:
Published:
CITY OF BROOKINGS
________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
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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 John H. Mills has submitted a petition to rezone
the following described real estate in the City of Brookings, in Brookings County, South
Dakota:
R’Surene Morgan Farm Addition in the NW ¼ of the NW ¼ of Section 6-
T109N-R49W from a Residence R-3A District to a Business B-3 District.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Planning Commission at 5:30 PM on Tuesday, October 7, 2014, in the Chambers Room
on the third floor of the Brookings City & County Government Center at 520 Third Street,
Brookings, South Dakota. Any action taken by the City Planning Commission is a
recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 26th day of September 2014.
____________________________
Dan Hanson
Planning & Zoning Administrator
Planning Commission
Brookings, South Dakota
October 7, 2014
OFFICIAL MINUTES
Chairperson Hal Bailey called the regular meeting of the City Planning Commission to order on Tuesday, October 7,
2014 at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members
present were Donna DeKraai, James Drew, Greg Fargen, Alan Gregg, Alan Heuton, Lee Ann Pierce, Kristi Tornquist,
and Bailey. Absent was Cameron. Also present were Jacob Mills, Mike McClemans, Dean Kattelmann, Tim Burns,
Community Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson, and others.
Item #1 – (Pierce/Gregg) Motion to approve the minutes from the September 2, 2014 meeting. All present
voted aye. MOTION CARRIED.
Item #2 – Bailey requested removing item #7, Vision 2020 Update, and moving it to a special meeting on
October 16th.
(Heuton/Tornquist) Motion to approve the amended agenda. All present voted aye. MOTION CARRIED.
Item #3a – Sunny Ridge Inc has submitted a Final Plat of Lot 7B and 7C, Block 11, McClemans Addition.
Item #3b -Sioux Empire Development Corporation has submitted a Final Plat of Lots 4-9, Block 6; and Lots
6-8, Block 7, Timberline Addition.
Item #3c -M LLC, has submitted a Final Plat of Lots 10, 14A, and 15-18, Block 4, Moriarty Heights
Addition.
(Pierce/Tornquist) Motion to approve the Final Plats contingent upon utility and drainage easements. All
present voted aye. MOTION CARRIED.
Item #4 -SDSU has submitted a petition to vacate that portion of 9th Street located between 9th Avenue and
Medary Avenue.
(Heuton/Fargen) Motion to approve the vacation as presented. Drew, Fargen, Gregg, Heuton, Pierce,
Tornquist and Bailey voted aye. DeKraai voted no. MOTION CARRIED.
Item #5 -Dean B. Christie, Authorized Representative of the Christie Family Trust, has submitted a petition
to rezone a portion of the W1/2 of the Christie Heights Addition in the SW ¼ of the NW ¼ of Section 2-
T109N-R50W from a Residence R-1B District to a Residence R-1C District.
(Gregg/Drew) Motion to approve the rezoning as presented. All present voted aye. MOTION CARRIED.
Item #6 -John H. Mills has submitted a petition to rezone R’Surene Morgan Farm Addition in the NW ¼ of
the NW ¼ of Section 6-T109N-R49W from a Residence R-3A District to a Business B-3 District.
(Tornquist/Pierce) Motion to approve the rezoning as presented. All present voted aye. MOTION
CARRIED.
The meeting was adjourned.
_______________________________________________
Dan Hanson, Secretary Hal Bailey, Chairperson
Planning & Zoning Administrator
Planning Commission
Brookings, South Dakota
October 7, 2014
OFFICIAL SUMMARY
Chairperson Hal Bailey called the regular meeting of the City Planning Commission to order on Tuesday,
October 7, 2014 at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government
Center. Members present were Donna DeKraai, James Drew, Greg Fargen, Alan Gregg, Alan Heuton, Lee
Ann Pierce, Kristi Tornquist, and Bailey. Absent was Cameron. Also present were Jacob Mills, Mike
McClemans, Dean Kattelmann, Tim Burns, Community Development Director Mike Struck, Planning and
Zoning Administrator Dan Hanson, and others.
Item #3a – Hanson noted that 5 feet was added to the east end of Lot 7A so that Lots 7B and 7C would be
in-line with the rear lot line of Lot 6A.
Item #3b – This plat matches the preliminary plat that was approved earlier this year.
Items #3c – This plat matches the preliminary plat approved in 2008. Lot 14A is a replat of Lot 14 due to the
location of a storm sewer pipe under lot 15.
Items #4 – Hanson stated the street vacation involved ½ block of 9
th Street, west of Medary Avenue. SDSU
was the sole owner of the properties on the north and south sides of the street. This portion of 9
th Street
extended from Medary Avenue to 6th Avenue. Ninth Street was a local residential street with low traffic
counts and most traffic traveling east on 9
th Street to Medary Avenue would originate primarily from
properties between 6th Avenue and 9th Avenue.
Mike McClemans, a concerned citizen, asked if a turn-around would be provided. Hanson remarked that the
redevelopment plans that he had seen indicated a turn-around near the alley. Dean Kattelmann, representing
SDSU, stated a turn-around was in the plans.
DeKraai was concerned about how the street vacation would impact traffic patterns in the neighborhood. She
felt the neighborhood was an historic part of the city and the street vacation would negatively affect it.
Items #5 – Hanson noted the rezoning involved 5 preliminarily platted lots along Western Avenue. The
proposed R-1C District zoning would retain the same types of permitted uses as the current R-1B District but
slightly increase the units per acre density since the minimum lot area would be reduced from 10,000 square
feet to 7,500 square feet. This would allow for the addition of two more lots.
Items #6 - Hanson stated that the rezoning proposal involved a large tract of land that currently contained
several uses. The land had originally been part of a large mobile home park project that began in the 1970s.
Later on, the land was platted off and sold. The parcel was annexed into the city in 2012. The Edgebrook
Golf Course was located north of the property, a single-family residence and mobile park were across 22
nd
Avenue to the west, and a mobile home park was to the south and east.
Heuton asked why the request was for a Business B-3 District rather than a B-2 District. He felt a temporary
storage use, which was allowed in the B-3, would not be a good fit near the streets. Jacob Mills, representing
John Mills, stated the B-3 District would allow a current use to come into conformance with zoning. He added
that a temporary storage facility was contemplated but the use would be on the south or east side of the parcel
and not along any rights-of-way. These areas would be reserved for general retail uses. He also noted that
some uses were conditional uses in the B-2 but permitted in the B-3. He preferred not to have to come back
later with another application.
Pierce asked if the golf course would be impacted negatively by this commercial zoning. Hanson responded
that courses are often near commercial areas but it does not seem to impact them since they are a daytime use
only.
The meeting was adjourned.
________________________________________________
Dan Hanson, Secretary Hal Bailey, Chairperson
Planning & Zoning Administrator
Sec. 94-134. BUSINESS B-3 HEAVY DISTRICT.
(a) Intent. This district is intended to provide for a wide variety of retail services. This district will include
commercial uses requiring large land areas, extensive retail operations, and outdoor display of merchandise.
Inventory and material storage shall be screened.
(b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when
referred to in this section, are the district regulations of the Business B-3 Heavy District.
(c) Permitted Uses.
1. Retail or service store
2. Personal service store
3. Financial services
4. Public transportation facility
5. Public utility facility
6. Parking facility or lot
7. Grocery supermarket
8. Drive-in food service
9. Gas dispensing station
10. Animal hospital
11. Car wash
12. Indoor or outdoor recreational facility
13. Temporary storage facility
14. Automobile sales
15. Office building
16. Roadside stand
17. Drinking Establishment
18. Telecommunications Towers
19. Emergency services
20. Personal health services
(d) Permitted Special Uses. A building or premises may be used for the following purposes in conformance with
the conditions prescribed herein:
1. Outdoor sales
a. Used parts and other material storage shall be screened from adjoining property.
2. Wholesale trade with warehousing and storage
a. All inventory shall be stored within a completely enclosed building.
3. Lumberyard
a. The lumber storage area shall be at the rear of the building and screened from any arterial street or
residential district.
b. Seasonal outdoor displays shall not reduce the number of parking spaces on the lot below the
minimum requirements.
4. Nursery or greenhouse
a. Any land used to grow flowers, shrubs or trees shall not be located within 50 feet of an arterial street.
5. Reverse vending machine
a. A trash receptacle shall be provided on-site.
6. Automobile service station
a. No fuel delivery pump shall be located within twenty feet (20') of any side lot line or right-of-way
line. No fuel pump shall be located within fifty feet (50') of the side or rear lot line abutting a
residential district.
b. All repair work shall be done within a completely enclosed building.
c. All used automobile parts and dismantled vehicles shall be screened from adjacent property.
7. Citizen's drop-off for recyclables
a. No container shall be located within 100 feet of a residential district.
8. Motor vehicle repair shop
a. All repair work shall be done within a completely enclosed building.
b. All used automobile parts and dismantled vehicles shall be screened from adjacent property.
9. Motel or hotel
a. A minimum lot area of 1,000 square feet shall be provided for each sleeping room or suite.
10. Equipment rental store
a. An on-premises pickup and drop-off area shall be provided
b. Outdoor displays shall not reduce the number of required parking spaces on the lot below the
minimum requirements.
11. Auction house
a. An on-premise pickup and drop-off area shall be provided
b. Outdoor displays shall not reduce the number of required parking spaces on the lot below the
minimum requirements.
12. Semi-trailer storage
a. Storage shall not be permitted in the minimum front yard setback.
13. Extended stay motel.
a. A minimum lot area of 1,000 square feet shall be provided for each sleeping room or suite.
14. Brewpub.
a. The area used for brewing, including bottling and kegging, shall not exceed 25 percent of the total
floor area of a combined restaurant and drinking establishment and 50 percent of the total floor area of
a drinking establishment without restaurant services.
b. A malt beverage manufacturer's license must be obtained per State law.
c. An alcohol beverage license must be obtained per city ordinance.
d. The brewery shall not produce more than 1,500 barrels of beer and ale per year. A barrel contains 31
gallons.
15. Microbrewery.
a. The production of malt beverages shall be limited to 15,000 barrels per year or less.
b. A malt beverage manufacturer's license must be obtained per State law.
c. All grain shipments and spent grain shall be contained within a completely enclosed building.
16. Contractor’s shop.
a. All equipment and materials shall be contained within a completely enclosed building.
17. Farm/feed store.
a. No retail sale items in bulk form shall be permitted as outside display.
b. All outside retail items shall only be displayed adjacent to the building.
(e) Conditional Uses.
1. Assembling and packaging
2. Freight handling
3. Manufacturing, light
4. Mixed business/residential use
5. Contractors shop and storage yard
6. Buy back center for recyclables
7. Household hazardous waste site
8. Light processing facility
9. Transfer site for recyclables
10. Day care facility
11. Kennel
12. Truck and trailer rentals
13. Farm Implement Sales
14. Telecommunications tower
(f) Density, Area, Yard and Height Regulations.
The B-3 district regulations shall be as follows:
Min.Min.Min.Min.Min.Max.
Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft.Sq.Ft.
All Uses --20'-*20'*45'
*A fifty foot (50') landscaped area shall be required between an abutting residential district boundary line and
any structure, access drive, parking lot or other accessory use.
(g) Accessory Uses. Accessory uses and building permitted in the B-3 District are buildings and uses customarily
incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the B-3 District shall be in conformance with the
regulations set forth in division 4 of article VI of this chapter.
(i) Sign Regulations. Signs within the B-3 District shall be in conformance with the regulations set forth in division
5 of article VI of this chapter.
(j) Other Regulations. Development within the B-3 District shall be in conformance with the regulations set forth
in article II of this chapter.
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 14-094,Version:1
Action on Resolution 14-094, a Resolution accepting a gift of real property to the City of Brookings,
SD.
Summary:
The Brookings Parks, Recreation and Forestry Department received a gift of the property below in
May of 2006 from H & M Land Company for Brookings, SD. Legal description below:
Lot Thirty-one (31) of Wahpeton Village, Indian Hills Addition to the City of Brookings, County of
Brookings, State of South Dakota.
During the summer of 2014, Mills Property Management discovered that the deed and transfer of the
above property was never recorded, and the deed most likely lost as no one is able to find it.
To correct the omission in the records, a replacement deed, re-dated to May 15, 2006, as that is the
date when the City physically accepted the property, will be filed with the Register of Deeds. In order
to complete the process, the City Council needs to accept this gift retroactively to May of 2006.
Fiscal Impact:
None
Recommendation:
The Brookings Parks, Recreation & Forestry Dept. recommends acceptance of the gift.
Attachments:
Resolution 14-094
Transfer Memo from H&M Land Co., 5/4/2006
Map - Lot 31 Whapeton Village
City of Brookings Printed on 10/23/2014Page 1 of 1
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Resolution No. 14-094
A Resolution Accepting a Conveyance of Real Property to the City of Brookings,
South Dakota
Whereas, in 2006, H & M Land Company, Inc. conveyed possession of certain real
property to the City of Brookings, South Dakota, consisting of land to be used for
municipal park purposes, said real property being described as follows:
Lot Thirty-one (31) of Wahpeton Village, Indian Hills Addition to the City of Brookings,
County of Brookings, State of South Dakota, and
Whereas, the Deed to the above-described property was not previously recorded and H
& M Land Company, Inc. and the City now desire to accept and record the Deed to the
property,
Now, Therefore, It Is Hereby Resolved by the City Council that the real property
described above is hereby accepted by the City of Brookings, South Dakota and the
Mayor, City Clerk and City Manager are authorized to execute the documents required
to complete the transfer of the above-described property by Deed in accordance with
this Resolution.
Passed and approved on the 28th day of October, 2014.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
H&M LAND COMPANY, INC.1311 Main Avenue SouthBrookings, SD 57006(605)697-3100May 4, 2006City of BrookingsParks, Recreation and Forestry Dept.221 Main AvenueBrookings, SD 57006Att: Allyn FrerichsRe: Lot 31, Wahpeton Village, Indian HillsDear Allen:Thanks for coming by today with the information for the warranty deed and to discussspecifics of the gift/transfer of Lot 31 Wahpeton from H&M Land to the City ofBrookings.Our discussion today included the following:• The trail must be moved off of Lots 27, 28, & 29 of Wahpeton Village and thearea repaired after the trail is removed. Removal/repair should be done as soon asconditions allow, but no later than August 2006.* Parking on Lot 31 will be one-sided and buffered from neighbors via berms andplantings.Enclosed is the Warranty Deed and Certificate of Real Estate Value to execute thetransfer.Sincerely,H&M LAND COMPANY, INC.JM/cfencs.
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 2014-0020,Version:1
Action on the Renewal of City-County Intergovernmental Agreement for dispatch services.
Summary:
The current agreement for joint dispatch services has expired and this new agreement provides for
minor changes and a renewal.
Background:
The City and County of Brookings have a long-standing intergovernmental relationship for shared
costs associated with emergency communications (911). These services are located in the City’s
Public Safety Center and employees are that of the City. The agreement provides for contract
services provided county-wide for all emergency responders throughout the county. The costs of this
service are shared on a percentage of the incoming call load from the City of Brookings (two-thirds)
and the balance of the County (one-third). Since the location and employees are provided by the
City, the City serves as the fiscal agent for the service. This new agreement replaces an expired
agreement, provides technical and grammatical changes, and specifies the cost share.
Fiscal Impact:
Cost share.
Recommendation:
The East Central Communications Council is a Joint Powers Board and serves as the governing
body for this service. It was approved at their last meeting on October 16 and is also scheduled to be
ratified by the County Board in the near future. Staff recommends approval.
Attachments:
911 Joint Powers Agreement
City of Brookings Printed on 10/23/2014Page 1 of 1
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The East Central Regional Communication Council
Joint Powers Agreement
Brookings County & City of Brookings
On this the _____ day of ___________, 2014; the following agreement, terms and
conditions are entered upon.
I.PARTIES TO AGREEMENT
The parties to this Agreement shall be:
A. The County of Brookings, South Dakota, a political subdivision of the State of
South Dakota, as created pursuant to the provisions of SDCL § 7-1-6,
thereafter referred to as “the County”; and
B. The City of Brookings, South Dakota, an incorporated municipality, as
created pursuant to the general provisions of SDCL Title 9, hereafter referred
to as “the City”.
When the County and City are referred to collectively, the term “the Parties” shall be used.
II. NAME OF ORGANIZATION
The name of the body created pursuant to this Agreement shall be known as: The East
Central Regional Communication Council, hereafter referred to as, “the Council”. The Council
shall serve a geographical area which shall primarily be limited to the boundaries of Brookings
County although it is recognized that the functions performed under this Agreement may, on
occasion, extend beyond these boundaries and operate in other counties.
III. STATUTORY AUTHORITY FOR AGREEMENT
The Parties hereto form the Council under the authority granted by SDCL § 1-24-2, et.
seq., which allows powers, privileges or authority of a South Dakota state government agency
as exercised or capable of being exercised, to be jointly exercised with another public agency,
as the term “public agency” is defined in SDCL § 1-24-1, under such powers, privileges, or
authority as allowed by law governing the Parties.
The Parties hereto recognize that the facilities and equipment made a part of this
Agreement may, on occasion, be needed for emergency and disaster services as defined and
set forth in SDCL § 34-48 and SDCL § 34-48A. When such facilities and equipment are
required upon a Declaration of Emergency by the Governor of the State of South Dakota, as set
forth in SDCL § 34-48A-5, the Parties hereto shall allow the facilities and equipment to be used
for purposes to comply with a Declaration of Emergency.
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IV. SCOPE AND PURPOSES OF AGREEMENT
The Parties recognize the need to consolidate all public safety communications within
Brookings County at one location in order to provide the most efficient method of dealing with
the services to the public that are provided by each Party hereto. Public safety communications
shall be considered to mean, but shall not be limited to, emergency telephone answering,
dispatching law enforcement vehicles, alarm monitoring, dispatching firefighting equipment, both
city and rural, providing “911” emergency service, and such other communications that are
compatible with the purposes of this Agreement and such public safety and such other support
functions as are necessary to fulfill this Agreement.
The Parties hereto agree that public safety communications within Brookings County
shall be consolidated, and the City of Brookings Police Department shall provide, through its
dispatch facilities, the public safety communications of Brookings County, South Dakota. The
Council is empowered to enter into contracts with the BROOKINGS POLICE DEPARTMENT for
the purpose of providing such consolidated public safety communications.
Further, the Council shall assume the additional responsibility of planning, organizing,
controlling, and managing the joint telephone system and such related programs as may be
utilized by the Parties.
It is expressly understood by the Parties to this Agreement that the only powers
delegated to the Council are those dealing with public safety communications. All other powers
granted by law to each of the Parties are expressly reserved.
V. LOCATION OF FACILITIES AND EQUIPMENT
All facilities and equipment subject to this Agreement shall be located in Brookings,
South Dakota. Portable equipment shall be placed in such vehicular units and locations of the
Parties as are necessary to carry out the functions and purpose of this Agreement.
VI. MEMBERSHIP OF COUNCIL
The Council shall consist of four members. These members shall be as follows: 1) The
Chairperson of the Brookings County Board of County Commissioners, or a designated
alternate; 2) The member of the Brookings County Board of County Commissioners who is the
designated liaison to the Brookings County Sheriff’s Office, or a designated alternate; 3) The
Mayor of the City of Brookings, South Dakota, or a designated alternate; and 4) The City
Manager, or designated alternate for the City of Brookings who will be from the elected City
Council. A designated alternate shall be named by informing the other members of the Council
in writing. A designated alternate’s authority may be revoked at any time provided written notice
is given to the other members. A designated alternate shall have the same authority as any
member of the Council, including the power to vote on matters before the Council.
VII.MEETINGS OF COUNCIL
The Council shall meet regularly three times annually, generally during January, May,
and October. The meetings of the Council shall be conducted in accordance with SDCL Ch. 1-
25 as amended. Special meetings of the Council may be held at any time or location upon the
request of any member of the Council.
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VIII.OPERATIONS
The operations of the Council shall be governed by the following general operating
parameters:
a) The fiscal year of the Council shall be the calendar year. The budget shall be
approved upon joint action of the County Commission and the City Council. Prior to approving
the annual budget, the Council and Police Chief shall meet and agree upon a proposed budget,
the terms of which shall be presented to the County Commission and City Council. The budget
as approved shall include all costs necessary to carry out the Council’s functions. Notification
will be given to the City by the County of all budget supplements which pertain to the budget of
the Council.
b) The budget, as approved, shall be administered by the City. All additional expenses
above the amount generated through the surcharge shall be split proportionately between the
City and the County based upon call load, which is two-thirds (2/3) to be paid by the City and
one-third (1/3) to be paid by the County.
c) In the event capital assets/equipment must be acquired, the Police Chief shall prepare
appropriate bid specifications and bid evaluations on behalf of both Parties. The bidding
process shall be administered by the City or County on behalf of the E911 board. Bids shall be
awarded at any monthly City or County meeting upon joint action of the parties. Title to any
such assets so acquired, or any asset acquired since December 31, 1993, shall be deemed to
be owned by the City and the County based upon the same proportion as referenced
immediately above in section (b). Accordingly, title to Fixed assets shall be owned (vested) as
follows: two-thirds (2/3) to be owned by the City and one-third (1/3) to be owned by the County.
Fixed assets shall be defined according to the County’s policies and shall be recorded in the
Brookings County Finance Office. The Police Chief shall also provide to the City an annual
statement of inventory adjustments (additions and/or deletions) and at the end of each fiscal
year shall provide a full inventory listing to the Brookings County Finance Office and the Parties
shall confer to make adjustments or corrections which might be necessary in Fixed Assets
records.
d) The Council will have the power to apply for, receive, and expend grants of money
from any local, state or the federal government, and from any private foundation or corporation.
IX. TERM AND TERMINATION
This Agreement shall commence upon the date of signing and shall remain in full force
and effect indefinitely, or until both Parties mutually agree otherwise by written agreement, or by
terminating this Agreement as stated below.
This Agreement will terminate:
A. One hundred eighty (180) days following receipt of written notice of
termination by one Party to the other; or
B. By the failure of either Party to pay its proportionate share of operating
expenses to the Council. If payment has not been made within thirty (30)
days after assessment, a notice of default may be sent to the non-paying
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Party. Termination will occur if payment is not received within ninety (90)
days of the date of the notice of default.
X. DISSOLUTION
Upon termination of the Council, all property listed on the inventory of the Council shall
be independently appraised to determine current value. Thereafter, in conformance with State
law, the property may either be distributed in kind or liquidated and the proceeds thereof,
together with any monies on hand, distributed to the City and the County in equal proportion.
XI. AMENDMENTS
This Agreement may be amended, modified, or altered only by majority agreement of the
members of the Council and upon approval by each of the Parties.
XII.GENERAL CONDITIONS
a) Record Keeping and Audits: The Parties to this Agreement acknowledge that each
has an obligation to maintain accurate records. Upon reasonable notice, each Party shall have
the right to inspect and audit the other Party’s operations, records, and maintenance and
security of law enforcement data. Once performed, the results of the audit shall be made
available, upon request, to the governing bodies of Brookings County and the City of Brookings.
b) Indemnification: If, as a result of errors and omissions, negligence, or intentional acts,
either Party to this Agreement causes damage or loss to the other party, as pertains to this
Agreement, whether to files, programs, records, data, equipment, hardware or software, or
otherwise, the Party causing such damage shall indemnify the injured party and shall hold the
injured party harmless for all such damages, costs, reasonable attorney’s fees, and related
expenses.
c) Insurance: The City and County shall maintain and provide to the other Party a
certificate of insurance from an insurance carrier which sets forth the insurance coverage which
pertains to this Agreement. Such certificate or policy will be furnished annually to the other
Party and will provide that the policy cannot be cancelled without thirty (30) days notice to the
other Party.
d) Non-discrimination: All parties hereto shall fully comply with applicable federal and
state regulations; agreeing specifically not to discriminate against any employee on account of
race, handicap, color, sex, age, religion, or national origin.
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XIII.
This Agreement replaces the Amended Joint Powers Agreement which was entered into
between the parties on the 31
st day of August, 1999.
IN WITNESS WHEREOF the Parties hereunto agree and do now set their hand and
seals in execution of this Agreement on the day and year first above written.
APPROVED: APPROVED:
BY CITY OF BROOKINGS BY BROOKINGS COUNTY
____________________________ ___________________________
Mayor Commission Chairperson
ATTEST:ATTEST:
_____________________________ ____________________________
Title: City Clerk Finance Officer