HomeMy WebLinkAbout2012_03_27 CC PKT1
Brookings City Council
Tuesday, March 27, 2012
5:00 p.m. Work Session
6:00 p.m. Regular Meeting
City Hall Council Chambers
311 Third Avenue
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 p.m. WORK SESSION
Work sessions are open to the public. During the work session the city staff would brief the council on items for
that particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
1. First Planning District Report, Todd Kays, Executive Director.
2. Presentation of City of Brookings Annual Financial Report.
3. Downtown Core Events Committee Update.
4. City Council Member Ex-Officio Reports.
5. Joint Powers Board members‟ Report.
6. City Council member introduction of topics for future discussion. *
7. Review of Council Agenda, Invites and Obligations.
*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.
6:00 p.m. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council Attendance.
4. Action to approve the following Consent Agenda Items:*
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action to authorize the Mayor to sign a letter of support for Habitat for
Humanity‟s Grant Application for SD Housing Authority funds.
Motion to Approve, Request Public Comment, Roll Call
5. Items removed from Consent Agenda.
*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.
Open Forum/Presentations/Reports
6. Open Forum.
7. SDSU Student Senate Report.
City Council Packet
March 27, 2012
2
Contracts and Change Orders
8. Action on Resolution No. 45-12, a Resolution awarding a contract for the 2012-04SSI
Pheasants Nest Addition Detention Pond Project.
Action: Motion to Approve, Request Public Comment, Roll Call
9. Action on Resolution No. 46-12, a Resolution awarding a contract for 2012-09STI, 25th
Avenue and 10th Street Construction Project.
Action: Motion to Approve, Request Public Comment, Roll Call
10. Action on Resolution No. 47-12, a Resolution awarding contracts for the Brookings
Public Safety Center Project (Police Dept. Remodel).
Action: Motion to Approve, Request Public Comment, Roll Call
11. Action on Resolution No. 48-12, a Resolution authorizing Change Order No. 2 for
2011-01 Gateway Project, Clark Drew, Inc.
Action: Motion to Approve, Request Public Comment, Roll Call
12. Action to approve various City/County Government Center Change Orders.
Action: Motion to Approve, Request Public Comment, Roll Call
First Readings**
13. Ordinance No. 07-12, an Ordinance Amending Section 42-93 (A) of the Code of
Ordinances of the City of Brookings, South Dakota and Pertaining to the Compensation
of the Board of Trustees on the City of Brookings, South Dakota.
Public Hearing: April 10th
14. Ordinance No. 08-12, an Ordinance rezoning Lot 1, Block 1, Husen‟s Addition, and
Husen‟s Addition excluding the north 272.8 feet of the east 815 feet thereof, from a
Residence R-1A and R-3A District to an Industrial I-1 District (east side of Highway 14
diagonal).
Public Hearing: April 10th
15. Ordinance No. 09-12, an Ordinance pertaining to an application for a Conditional Use
for a kennel in the Business B-3 District on Lot 2, Block 5, Bidco Addition (120 W.
Second St. So.).
Public Hearing: April 10th
16. Ordinance No. 10-12, an Ordinance amending the zoning ordinance of the City of
Brookings and pertaining to a church as a conditional use in the Business B-1 District for
the purposes of administration of the zoning ordinance.
Public Hearing: April 10th
**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.
City Council Packet
March 27, 2012
3
Second Readings / Public Hearings
17. Public hearing and action on Resolution No. 43-12, a Resolution Amending the City of
Brookings Vision 2020 Comprehensive Plan Future Land Use Plan (South Campus
Neighborhood District plan).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
18. Public hearing and action on Resolution No. 49-12, a Resolution approving an
application for financial assistance, authorizing the execution and submittal of the
application, and designating an authorized representative to certify and sign payment
requests.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
19. Public hearing and action on Resolution No. 50-12, a Resolution authorizing the City
Manager to sign an On/Off Sale Wine Operating Agreement for Cenex Zip Trip #64,
3045 LeFevre Dr., Brookings, South Dakota, legal description: Lot 6, N. 225‟ of E. 30‟
Lot 7, LeFevre Addition.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
20. Public hearing and action on Resolution No. 51-12, a Resolution of Intent of the City of
Brookings to lease to Bel Brands, USA the following described property in the Research
and Technology Center: 811 32nd Avenue, Brookings, S.D.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
21. Public hearing and action on Ordinance No. 04-12, an Ordinance amending the Zoning
Ordinance of the City of Brookings and pertaining to a community center as a
conditional use in the Business B-2A District.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
22. Public hearing and action on Ordinance No. 05-12, an Ordinance rezoning Lot 9, Block
2, University First Addition from a Business B-2 District to a Residence R-3 District.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
23. Public hearing and action on Ordinance No. 06-12, an Ordinance for an application for a
Conditional Use Permit to establish a Major Home Occupation (portrait studio) on Lot
8, Block 8, Morehouse Addition (819 9th Avenue).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
24. Action to approve revised preliminary plan pertaining to private street widths in the
Prairie Hills Addition (20th St. So. and 7th Ave. So. area).
Action: Motion to Approve, Request Public Comment, Roll Call
25. Action to approve Resolution No. 52-12, a Resolution Approving Tax Increment
District Number Six Project Plan.
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
March 27, 2012
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26. Action on Resolution No. 53-12, a Resolution Amending the City of Brookings Vision
2020 Comprehensive Plan (Major Street Plan amendment designating an extension of
25th Avenue as a minor collector).
Action: Motion to Approve, Request Public Comment, Roll Call
27. Consideration of adoption of 2012 Strategic Plan.
Action: Motion to Approve, Request Public Comment, Roll Call
28. Adjourn.
Brookings City Council
Tim Reed, Mayor, Jael Thorpe, Deputy Mayor & Council Member
Council Members Tom Bezdichek, John Kubal, Mike McClemans, Keith Corbett, 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
If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with
Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-6281 at least three working days
prior to the meeting.
City Council Packet
March 27, 2012
5
5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
1. First Planning District overview, Todd Kays, Executive Director.
Todd Kays, Executive Director for First Planning District, will update the
City Council and public on First District‟s 2011 activities and plans for
2012.
2011 BROOKINGS COUNTY ACTIVITIES
Brookings County
Attend Monthly Brookings County Planning Commission Meetings
County Address Range GIS Data Set Maintenance (SD One Call data set)
County Road Centerline GIS Data Set Maintenance (SDDOT data set)
Aurora
Administering Wastewater Lagoon Project – Aurora received $515,000 CDBG
grant, $660,000 SRF Loan ($60,000-principal forgiveness) in 2009
Updated Comprehensive Land Use Plan and Zoning Ordinance and developed Joint
Jurisdictional Zoning Ordinance.
Conducted Voter Ward Redistricting Analysis
Brookings
Assisted in the administration of DENR SRF Loan being utilized to complete Phase II
infrastructure for Innovation Campus Infrastructure Project – Project was awarded
$1,190,000 SRF Loan ($119,000-principal forgiveness) in 2009
Assisted in the administration of DENR SRF Loan being utilized for storm water
drainage projects. Project was awarded $665,000 SRF loan with 10% ($66,500)
principal forgiveness in 2010
Assisted with State Water Plan preparation and submission of DENR SRF application
for City of Brookings Pheasant Nest Storm Water Detention Pond Project. Project
was awarded $483,538 loan in FY 11
Assisted with the preparation and submission of State Water Plan application for
Brookings Camelot Square Drainage project
Assisted with the preparation and submission of State Water Plan application for
Brookings wastewater treatment Plant project
Assisted with development of Hazard Mitigation Grant for 6th Street Sewer – Project
determined not eligible.
Bushnell
Administered Energy Efficiency Conservation Block Grant. Bushnell received
City Council Packet
March 27, 2012
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$11,690 in 2010
Elkton
Administered DENR SRF Loan being utilized for Wastewater Lagoon Project –
Elkton received $510,000 SRF Loan ($130,000-principal forgiveness) in 2009.
Conducted Voter Ward Redistricting Analysis
Sinai
Administered Energy Efficiency Conservation Block Grant. Sinai received $12,400 in
2010
Assisted with State Water Plan preparation for wastewater project ($1.25 Million)
Volga
Administered Energy Efficiency Conservation Block Grant. Volga received $109,700
in 2010.
Conducted Voter Ward Redistricting Analysis
Prepared and submitted Hazard Mitigation Grant Application – Volga received
$15,056 in FY 2011
Prepared and submitted Trails Grant Application – Grant Pending
White
Conducted Voter Ward Redistricting Analysis
Miscellaneous
Planning & Zoning Administration assistance: Aurora, Elkton, White, Brookings County
Obtained two District-wide grants for economic development and GIS Training –
Brookings County Share - $7,569.
Partnered with local lenders in providing $2,902,200 in financing to three businesses
with total project costs of $7,102,400.
Brookings County
FY 2011 Grants Awarded: $22,625.06 FY 2008-2011 Grants Awarded: $5,731,942
Return on Investment FY 2008-2011 (Based upon Brookings County and municipality
2008-2011 dues - $167,686): $34.18 – Therefore for every dollar of dues paid in FY
2008-2011, the District assisted in generating $34.18 Federal and State grant funding.
Brookings City
FY 2011 Grants Awarded: $0 FY 2007-2011 Grants Awarded: $3,357,500
Return on Investment FY 2007-2011 (Based upon City of Brookings 2007-2011 dues -
$35,960): $114.26 – Therefore for every dollar of dues paid in FY 2007-2011, the
District assisted in generating $114.26 Federal and State grant funding.
First District Dues
2009 County Dues are based upon $3,500 + $1/capita
City Council Packet
March 27, 2012
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2010 County Dues are based upon $3,500 + $1.05/capita
2011 County Dues are based upon $3,500 + $1.10/capita
2012 County Dues are based upon $3,500 + $1.15/capita
2009 1st District Dues $ 199,080 23% of Budget
2010 Dues as % of Budget $ 207,110 Increase of 4.0% 23% of Budget
2011 Dues as % of Budget $ 215,259 Increase of 3.9% 23% of Budget
2012 Dues as % of Budget $ 223,535 Increase of 3.8% 24% of Budget
Brookings County Dues
2008 Brookings County Dues $30,309
2009 Brookings County Dues $31,720 increase of $1,411 or 4.7%
2010 Brookings County Dues $33,131 increase of $1,411 or 4.4%
2011 Brookings County Dues $34,542 increase of $1,411 or 4.3%
2012 Brookings County Dues $35,953 increase of $1,411 or 4.1%
2011- 2012 Municipal Dues
Aurora $ 421.96 $ 443.06
Brookings $ 6,825.85 $ 7,167.14
Bruce $ 255.97 $ 268.77
Elkton $ 608.12 $ 638.52
Sinai $ 217.19 $ 228.05
Volga $1,357.42 $ 1,425.29
White $ 515.05 $ 540.80
TOTAL $10,201.56 $10,711.63 $510.07 or 5%
TOTAL COMBINED $44,743.56 $46,664.63 $1921.07 or 4.3%
Brookings County Board Membership
City - Mayor Fred Weekes (Aurora)
At Large - Jay Gilbertson
County - Dennis Falken
First District Association of
Local Governments
First District Stats:
Established in 1971
Mission:11 counties and 75
communities working together to
improve the quality of life within
our region
Member Counties include:
Brookings, Clark, Codington,
Deuel, Grant, Hamlin,
Kingsbury,Lake, Miner, Moody
and Roberts
Population: 115,878 (2010)
Geographic Area: 7,851sq. Mi.
First District’s Governing Body:
First District is governed by a public body
known as the “Governing Body”.
The Governing Body is responsible for
establishing District goals and policies.
Governing Body composed of:
–1 county commissioner from each county
(Dennis Falken)
–1 elected municipal representative from each
county (Fred Weekes)
–1 at-large member from each county
(Jay Gilbertson)
–Chairmen of Flandreau Santee Sioux Tribe
and Sisseton Wahpeton Tribe
Fee for Service -
53%
Local Dues 24%
State and Federal
Contract/Grants
23%
FY 2012 District Funding
Staff…
Nearly 150 Years Cumulative
Experience with First District
Years Months
Todd Kays, Executive Director 18 10
Greg Maag, Economic Development Officer 19 6
Ted Haeder, Economic Development Officer 6 4
Ryan Hartley, GIS Coordinator 16 8
Darin Stein, Senior GIS Analyst 13 1
Jackie Erickson, GIS Specialist 11 8
Amy Edleman, GIS Specialist 4 0
Luke Muller, Planner 3 0
Paula Hulscher, FDDC Executive Vice President 17 3
Amy Waite, FDDC Loan Officer 7 4
Kate Carter, FDDC Loan Officer 2 2
Jan McNamara, Office Manager 38 0
Planning District Work Areas
Application Packaging (hundreds of
proposals per year)
Project Administration
(red tape management)
Planning and Research
(zoning, surveys, studies)
Technical and Financial Specialties (TIFs,
GIS, RLFs)
Program Support and Promotion (state
and federal infrastructure programs)
District
Results
Provide project services at costs under private sector
2011 Dues: $215,259
Grants/Principal Forgiveness FY 2011 -$921,314
Return on Investment FY 11: $4.28
Return on Investment FY 10: $30.47
Return on Investment FY 09: $41.97
Return on Investment FY 08: $24.67
Average Return on Investment FY 08-11: $25.01
Brookings County
Results
2011 Dues: $44,744 (08-11: $167,686)
Grants/Principal Forgiveness FY 08 to 11 -$5,731,942
Return on Investment FY 11: $0.51
Return on Investment FY 10: $31.19
Return on Investment FY 09: $24.77
Return on Investment FY 08: $85.83
Average Return on Investment FY 08 to11: $34.18
City of
Brookings
Results
2011 Dues: $6,826 (07 to 11: $30,960)
Grants/Principal Forgiveness FY 07 to 11 –$3,537,500
Return on Investment FY 11: $0.00
Return on Investment FY 10: $10.23
Return on Investment FY 09: $19.44
Return on Investment FY 08: $568.48
Return on Investment FY 07: $0.00
Average Return on Investment FY 07-11: $114.26
Brookings County
Results
(Business Loans)
2011 Business Loan Activity
–Three Loans: $2,902,200
–Total Project Costs: $7,102,440
City Council Packet
March 27, 2012
18
5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
2. Presentation of City of Brookings Annual Financial Report.
Please find the 2011 “Unaudited” Annual Financial Report for the City of
Brookings. As per SDCL 9-22-21, we are required to report to the
governing body at the first regular meeting in March the receipts, expense,
and financial condition of the municipality, including where the City‟s funds
are deposited.
The audit team from BKD, LLP, is scheduled to be here in Brookings, April
2nd through April 13th. This report is unaudited and it is anticipated
adjustments will be made. The final audited report will be presented to the
Council at a later date.
General 2nd Penny Sales Other Governmental Total
Fund Tax Fund Funds Governmental Funds
Beginning Balance 8,490,679 5,118,865 7,686,887 21,296,431
Revenues and Other Sources:
Property Taxes 2,446,357 202,692 2,649,049
General Sales and Use Taxes 5,083,364 5,055,937 730,386 10,869,687
Amusement Taxes 1,428 1,428
911 Telephone Surcharge 360,664 360,664
Penalties and Interest on
Delinquent Taxes 3,875 1,141 5,016
Storm Drainage Tax 826,958 826,958
Licenses and Permits 221,132 221,132
Federal Grants 237,317 68,988 306,305
State Grants 0
State Shared Revenue:
Bank Franchise Tax 37,917 37,917
Liquor Tax Reversion 116,877 116,877
Highway and Bridge Fund 256,430 256,430
County Shared Revenue:
County Road Tax (25%)3,979 3,979
County HBR Tax (25%)63,734 63,734
County Wheel Tax 55,970 55,970
County Payments in Lieu of Taxes 25,000 25,000
Charges for Goods and Services:
General Government 0
Public Safety 6,779 6,779
Public Works 450 450
Health 12,201 12,201
Culture and Recreation 378,367 1,620,232 1,998,599
Other 0
Court Fines and Costs 99,502 99,502
Library 27,593 27,593
Investment Earnings 79,637 187,335 165,672 432,644
Rentals 67,816 21,105 88,921
Special Assessments 55,744 55,744
Contributions and Donations
from Private Sources 146,552 3,167,006 3,313,558
Sale of Municipal Property 63,588 142,499 206,087
Proceeds from Debt 128,394 128,394
Other 453,852 26,493 3,403,871 3,884,216
Total Revenue and Other Sources 9,862,124 5,269,765 10,922,945 26,054,834
Expenditures and Other Uses:
Legislative 71,124 71,124
Executive 485,695 485,695
Financial Administration 577,122 577,122
Other General Government 955,594 6,768,813 7,724,407
Police 2,724,864 2,724,864
Fire 1,028,306 1,028,306
Other Protection 86,135 503,849 589,984
Highways and Streets 2,937,092 461,958 633,635 4,032,685
Engineer 464,244 464,244
Community Development 375,023 375,023
Animal Control 117,798 117,798
Recreation 734,412 599,667 377,640 1,711,719
Parks 1,994,915 107,675 2,102,590
Libraries 969,397 30,499 999,896
Auditorium 2,117,878 2,117,878
Economic Development and
Assistance (Industrial
Development)150,000 720,618 870,618
Debt Service 195,564 2,394,623 67,193 2,657,380
Total Expenditures and Other Uses 13,717,285 3,606,248 11,327,800 28,651,333
Transfers In (Out)6,569,585 (2,342,056)(1,243,406)2,984,123
Increase/Decrease in Fund Balance 2,714,424 (678,539)(1,648,261)387,624
****** UNAUDITED ********
GOVERNMENTAL FUNDS
ANNUAL REPORT FOR CITY OF BROOKINGS
AS OF AND FOR THE YEAR ENDED DECEMBER 31, 2011
Ending Balance:
Unspendable
Restricted
Committed
Assigned 5,076,286 98,649 5,174,935
Unassigned 6,128,817 4,440,326 5,939,977 16,509,120
Governmental Long-term Debt 20,420,755
Other Enterprise
Electric Health System Telephone Funds
Beginning Balance 30,421,366 40,374,908 23,486,705 39,963,549
Revenues 22,473,850 34,134,350 33,723,071 19,933,895
Expenses (19,494,909)(32,538,074)(29,594,811)(17,076,899)
Transfers In (Out)(1,345,000)0 (500,000)(1,139,123)
Ending Balance:
Restricted 19,755,187 1,309,500 8,002,069 17,478,981
Unrestricted 12,300,119 40,661,684 19,112,896 25,966,097
Long-term Debt 10,941,604 0 19,648,709 1,785,771
The preceding financial data does not include fiduciary funds or internal service funds. Information pertaining to those activities may be
obtained by contacting the municipal finance officer at 697-8639.
Municipal funds are deposited as follows:
Depository Amount
First Bank & Trust 31,765,834
Wells Fargo 1,066,728
Dacotah 1,213,551
Metabank 139,276
Dakotaland Federal Credit Union 5,522,640
Home Federal 15,485
Security National 40,889
First Bank & Trust Wealth Mgmt:
Deposits 27,554,186
Custodial Agent 16,131,463
Wells Fargo Brokerage 2,635,181
****** UNAUDITED ********
PROPRIETARY FUNDS
City Council Packet
March 27, 2012
21
5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
3. Downtown Core Events Committee Update.
At their request, the Downtown Core Event Committee will provide an
update to the City Council on downtown activities.
"Downtown Core Event Committee"
Daniel Roberts, SDSU Student, President
Patty Kratochvil, Threads of Memories, Secretary
Troy Hicks, Lantern Lounge
Lori and Brennen Sullivan, Sully's Irish Pub & Brownstone Restaurant
Les Rowland, Design Architects
Sara Rowland, Trendz
Kaytlin Pelton, SDSU
Vicki Schuster, DBI Manager
Jeff Miller, Brookings City Police
Marty Hendricks, Brookings Street Department
Jael Thorpe, Old Market and City Council
Suzanne Hegg, Executive Director SD Children's Museum
Mission Statement:
Downtown Core Events Committee is comprised of downtown
business owners, SDSU students, and city liaisons. Our mission is to
address concerns prior to, during, and after major events in the
downtown core area to improve relations between event organizers
and the community.
City Council Packet
March 27, 2012
22
5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
4. City Council Member Ex-Officio Reports.
Pursuant to council direction, “City Council Member Ex-Officio Reports”
will be a standing agenda item at all Council Work Sessions. The Council
Members that serve as Ex-Officio members on the Brookings Health
System Board of Trustees and Utility Board will provide verbal reports
regarding recent meetings they have attended.
Brookings Municipal Utility Board:
1. Council Member Niemeyer
2. Council Member Corbett
Brookings Health Systems Board:
1. Council Member Kubal
2. Council Member McClemans
23
5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
5. Joint Powers Board Council Members’ Report.
Pursuant to council direction, “Joint Powers Board City Member Updates”
will be a standing agenda item at all Council Work Sessions. The Council
Members serving on the Joint Powers Board will provide verbal updates
regarding recent meetings they have attended.
Mayor Tim Reed & Council Member Kubal
24
5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
6. 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
frame. A majority vote is required.
25
5:00 P.M. WORK SESSION
Work sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
7. Review of Council Agenda, Invites and Obligations.
Date
Day Event &
Brief Description
Time Location / Town /
Address / Directions
March 29 Thursday Chamber & BEDC
Annual Meeting
5:00 p.m. Social
6:00 p.m. Dinner Old Sanctuary
March 31 Saturday Brookings Fire Dept.
“Ladies Night”
Social
6:30 p.m. Dinner
7:30 p.m. Ent.
McCrory Gardens Visitors
Center
April 3 Tuesday District 2 Annual
Meeting 6:00 p.m. Maroney Commons
Howard, SD
April 10 Tuesday Council Meeting 5:00 p.m. Council Chambers
April 10-11 Tuesday /
Wednesday
Governor‟s Economic
Development Conf.
Ramkota
Sioux Falls, SD
April 13 Friday 2012 Legislative
Wrap-up Noon – 1:30 p.m. Days Inn
April 24 Tuesday Council Meeting 5:00 p.m. Council Chambers
May 8 Tuesday Council Meeting 5:00 p.m. Council Chambers
May 22 Tuesday Council Meeting 5:00 p.m. Council Chambers
June 12 Tuesday Council Meeting 5:00 p.m. Council Chambers
June 26 Tuesday Council Meeting 5:00 p.m. Council Chambers
July 10 Tuesday Council Meeting 5:00 p.m. Council Chambers
July 24 Tuesday Council Meeting 5:00 p.m. Council Chambers
August 14 Tuesday Council Meeting 5:00 p.m. Council Chambers
August 28 Tuesday Council Meeting 5:00 p.m. Council Chambers
September 11 Tuesday Council Meeting 5:00 p.m. Council Chambers
September 25 Tuesday Council Meeting 5:00 p.m. Council Chambers
October 9 Tuesday Council Meeting 5:00 p.m. Council Chambers
October 23 Tuesday Council Meeting 5:00 p.m. Council Chambers
November 13 Tuesday Council Meeting 5:00 p.m. Council Chambers
December 4 Tuesday Council Meeting 5:00 p.m. Council Chambers
December 18 Tuesday Council Meeting 5:00 p.m. Council Chambers
26
6:00 p.m. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council Attendance.
4. Action to approve the following Consent Agenda Items:
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action to authorize the Mayor to sign a letter of support for Habitat for Humanity‟s Grant
Application for SD Housing Authority funds.
Motion to Approve, Request Public Comment, Roll Call
5. Items removed from Consent Agenda.
Open Forum/Presentations/Reports
6. Open Forum.
7. SDSU Student Senate Report.
Contracts and Change Orders
8. Action on Resolution No. 45-12, a Resolution awarding a contract for the 2012-04SSI Pheasants Nest
Addition Detention Pond Project.
Action: Motion to Approve, Request Public Comment, Roll Call
9. Action on Resolution No. 46-12, a Resolution awarding a contract for 2012-09STI, 25th Avenue and 10th
Street Construction Project.
Action: Motion to Approve, Request Public Comment, Roll Call
10. Action on Resolution No. 47-12, a Resolution awarding contracts for the Brookings Public Safety Center
Project (Police Dept. Remodel).
Action: Motion to Approve, Request Public Comment, Roll Call
11. Action on Resolution No. 48-12, a Resolution authorizing Change Order No. 2 for 2011-01 Gateway
Project, Clark Drew, Inc.
Action: Motion to Approve, Request Public Comment, Roll Call
12. Action to approve various City/County Government Center Change Orders.
Action: Motion to Approve, Request Public Comment, Roll Call
First Readings
13. Ordinance No. 07-12, an Ordinance Amending Section 42-93 (A) of the Code of Ordinances of the City
of Brookings, South Dakota and Pertaining to the Compensation of the Board of Trustees on the City of
Brookings, South Dakota.
Public Hearing: April 10th
14. Ordinance No. 08-12, an Ordinance rezoning Lot 1, Block 1, Husen‟s Addition, and Husen‟s Addition
excluding the north 272.8 feet of the east 815 feet thereof, from a Residence R-1A and R-3A District to
an Industrial I-1 District (east side of Highway 14 diagonal).
Public Hearing: April 10th
15. Ordinance No. 09-12, an Ordinance pertaining to an application for a Conditional Use for a kennel in the
Business B-3 District on Lot 2, Block 5, Bidco Addition (120 W. Second St. So.).
Public Hearing: April 10th
16. Ordinance No. 10-12, an Ordinance amending the zoning ordinance of the City of Brookings and
pertaining to a church as a conditional use in the Business B-1 District for the purposes of administration
of the zoning ordinance.
Public Hearing: April 10th
27
Second Readings / Public Hearings
17. Public hearing and action on Resolution No. 43-12, a Resolution Amending the City of Brookings Vision
2020 Comprehensive Plan Future Land Use Plan (South Campus Neighborhood District plan).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
18. Public hearing and action on Resolution No. 49-12, a Resolution approving an application for financial
assistance, authorizing the execution and submittal of the application, and designating an authorized
representative to certify and sign payment requests.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
19. Public hearing and action on Resolution No. 50-12, a Resolution authorizing the City Manager to sign an
On/Off Sale Wine Operating Agreement for Cenex Zip Trip #64, 3045 LeFevre Dr., Brookings, South
Dakota, legal description: Lot 6, N. 225‟ of E. 30‟ Lot 7, LeFevre Addition.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
20. Public hearing and action on Resolution No. 51-12, a Resolution of Intent of the City of Brookings to
lease to Bel Brands, USA the following described property in the Research and Technology Center: 811
32nd Avenue, Brookings, S.D.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
21. Public hearing and action on Ordinance No. 04-12, an Ordinance amending the Zoning Ordinance of the
City of Brookings and pertaining to a community center as a conditional use in the Business B-2A District.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
22. Public hearing and action on Ordinance No. 05-12, an Ordinance rezoning Lot 9, Block 2, University First
Addition from a Business B-2 District to a Residence R-3 District.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
23. Public hearing and action on Ordinance No. 06-12, an Ordinance for an application for a Conditional Use
Permit to establish a Major Home Occupation (portrait studio) on Lot 8, Block 8, Morehouse Addition
(819 9th Avenue).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
24. Action to approve revised preliminary plan pertaining to private street widths in the Prairie Hills Addition
(20th St. So. and 7th Ave. So. area).
Action: Motion to Approve, Request Public Comment, Roll Call
25. Action to approve Resolution No. 52-12, a Resolution Approving Tax Increment District Number Six
Project Plan.
Action: Motion to Approve, Request Public Comment, Roll Call
26. Action on Resolution No. 53-12, a Resolution Amending the City of Brookings Vision 2020
Comprehensive Plan (Major Street Plan amendment designating an extension of 25th Avenue as a minor
collector).
Action: Motion to Approve, Request Public Comment, Roll Call
27. Consideration of adoption of 2012 Strategic Plan.
Action: Motion to Approve, Request Public Comment, Roll Call
28. Adjourn.
City of Brookings
March 27, 2012
28
CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items: *
A. Action to approve the agenda.
B. Action to approve council minutes.
C. Action to authorize the Mayor to sign a letter of support for
Habitat for Humanity’s Grant Application for SD Housing
Authority Funds.
*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 term s
and conditions described in the agenda supporting documentation.
ACTION: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
March 27, 2012
29
CONSENT AGENDA #4
B. Action to approve minutes.
The draft February 28th and March 13th Brookings City Council minutes are
enclosed for Council review and approval.
City of Brookings
March 27, 2012
30
Brookings City Council
February 28, 2012 (unapproved)
The Brookings City Council held a meeting on Tuesday, February 28, 2012 at 5:00 p.m., at City
Hall with the following members present: Mayor Tim Reed, Council Members John Kubal, Mike
McClemans, Tom Bezdichek, Ope Niemeyer, and Keith Corbett. Jael Thorpe was absent. City
Attorney Steve Britzman, Acting City Manager Jackie Lanning, City Manager Jeff Weldon (via
phone) and City Clerk Shari Thornes were also present.
Downtown Core Events Committee Update. The Downtown Core Event Committee
provided an update on downtown activities. They requested financial assistance to rent porta
potties for the upcoming pub crawl event on March 17th. This item will be added to the regular
meeting for discussion and possible action.
Brookings Municipal Utilities (BMU) Wastewater Plant Renovation Project. BMU
staff provided an update on amendments they are planning to make to their original plans to
renovate the BMU Wastewater Treatment Plant.
Council Topics for future discussion. A motion was made by McClemans, seconded by
Niemeyer, to request a review of drainage fees and policy (ordinance) to be done at the April
10th meeting. All present voted yes; motion carried.
6:00 P.M. MEETING. Consent Agenda. The following amendments were made to the
agenda: Resolution No. 42-12 appointing election judges was removed, action to cancel the
4/12 meeting was added, action to hold a meeting on 4/10 was added, action on a funding
request from DBI was added, Resolution No. 43-12 was removed. A motion was made by
Kubal, seconded by Corbett, to approve the consent agenda as amended.
A. Action to approve the agenda as amended.
B. Action to approve the February 14th council minutes.
C. Action on Resolution No. 34-12, a Resolution authorizing the Mayor to sign
documents for Brookings Airport Appraisal Review, Acquisition, and Relocation
Work.
Resolution No. 34-12 - A Resolution Authorizing the Mayor to Sign Documents for
Brookings Airport Appraisal Review, Acquisition and Relocation Work
Whereas, the Brookings City Council desires South Dakota Department of Transportation
assistance with the Brookings Regional Airport Project 3-46-0005-25-2012 for Appraisal
Review, Acquisition, and Relocation Work;
Now, Therefore, Be It Resolved that the Mayor of the City of Brookings is authorized to
sign the Agreement and other related documents for Appraisal Review, Acquisition and
Relocation Work for the Brookings Regional Airport Project 3-46-0005-25-2012.
D. Action to a cancel the April 12th meeting.
E. Action to schedule a meeting on April 10th.
On the motion, all present voted yes; motion carried.
City of Brookings
March 27, 2012
31
Downtown Brookings Inc. Funding Request. A motion was made by Reed, seconded by
Corbett, to provide up to $800.00 for porta potty rental at the Saint Patrick‟s Day event on
March 17th. All present voted yes; motion carried.
City/County Government Center Change Orders. A motion was made by Corbett,
seconded by Kubal, to approve the following City/County Government Center Change Orders:
COR #18 - Added mechanical & electrical equipment pads, backcharge among contractors:
American Electrical ($565), Krier and Blain, Inc. ($1,800), Manning Mechanical ($2,500), Peska
Constuction $4,865; COR #24 - Additional electrical outlets, owner-requested: American
Electrical $5,355; COR #25 - Provide low-head room track on sectional door: Skold Specialty
$770; COR #27 - Fur drywalls at drinking fountains in Rooms 243 & 245 to allow for piping
insulation in walls: Fox Drywall $1,036; COR #28 - Added lumber and welding at parapet walls:
Fox Drywall $1,322; COR #29 - Fur out walls and replace batt insulation with foam insulation
at Rooms 105-108, 110, 111, 115-117, 124A, 142, 143 per Building Inspector: Fox Drywall
$2,308;; COR #30 - Additional lettering for City signage, add “City of…” at suite entrance,
owner-requested: Mills Construction $131; COR #31 - Additional data jack (1) and change
duplex outlet to a double outlet in Room 213, owner-requested: American Electrical $450;
COR #36 - Add lockable cash drawer to Clerks Room #140, owner-requested: Clark Drew
Construction $1,914; COR #37 - Move wet tap into boulevard on east side of building (Tap
was in the yard of a private residence.): Mills Construction $1,232; COR #43 - Replace
elevator ceiling damaged by sprinkler fitters: Shindler Elevator $3,000, Total Fire Protection
($3,000); EFO #10 - Stairwell fan coil units: Manning Mechanical $5,093; EFO #11 - Duct re-
routing in service room #125: Manning Mechanical $1,430; EFO #12 - Provide flow control
valve in AHU cooling coil bypass leg: Krier & Bain $280; EFO #13 - Add lower level double
door sets to storage rooms, owner-requested: American Electrical $1,017, Ellis-Lieffort
Painting $250, Fox Drywall $0, Mills Construction $6,995; RFP # 17 - Steel reinforcing below
master file Room #213, owner-requested: Egger Steel $2,850, Mills Construction $1,710; total
change orders: $34,143; COR #29 – Eliminate painting of brick walls in lower level: Ellis-
Lieffort Painting ($3,447); Bossardt Construction Support – Reduce the construction support
by $100,000 and add to the project contingency. This reduction is chiefly due to reduced
heating loads due to early enclosure of the building, reduced heating costs due to mild winter,
no snow removal due to mild winter, various cost saving measures on the part of the
construction manager, inclusion of various safety items in contractor responsibilities. As we get
closer to the end of the project, there is a change we can further reduce this budget amount.
($100,000). All present voted yes; motion carried.
Resolution No. 35-12. A motion was made by McClemans, seconded by Corbett, to
approve Resolution No. 35-12, a Resolution awarding bids 2012-06STI, Chip Seal Project. All
present voted yes; motion carried.
Resolution No. 35-12 - Resolution Awarding Bids on Project 2012-06STI, Chip Seal Project
Whereas, the City of Brookings opened bids for Project 2012-06STI Chip Seal Project on
Tuesday, February 21, 2012 at 1:30 pm at Brookings City Hall; and
City of Brookings
March 27, 2012
32
Whereas, the City of Brookings has received the following bids for Project 2012-06STI Chip
Seal Project: Topkote, Inc., Yankton, SD: $192,030; Bituminous Paving, Inc., Ortonville, MN:
$199,590.00; The Road Guy Construction Co., Yankton, SD: $232,500.00.
Now Therefore, Be It Resolved that the low bid of $192,030.00 for Topkote, Inc., Yankton, SD
be accepted.
Resolution No. 36-12. A motion was made by Kubal, seconded by Niemeyer, to approve
Resolution No. 36-12, a Resolution Awarding Bids on 2012-07STI, Freight on Board Asphalt
Concrete. All present voted yes; motion carried.
Resolution No. 36-12 - Resolution
Awarding Bids on Project 2012-07STI, Asphalt Concrete Freight On Board
Whereas, the City of Brookings opened bids for Project 2012-07STI Asphalt Concrete Freight
On Board Project on Tuesday, February 21, 2012 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Project 2012-07STI Asphalt
Concrete Freight on Board Project: Bowes Construction Co., Inc., Brookings, SD: $69,825.00.
Now Therefore, Be It Resolved that the total low bid of $69,825.00 for Bowes Construction Co.,
Inc., Brookings, SD be accepted.
First Reading - Ordinance No. 04-12. A first reading was held on Ordinance No. 04-12, an
Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to
conditional uses in the Business B-2A District. Public hearing: March 27, 2012.
First Reading - Ordinance No. 05-12. A first reading was held on Ordinance No. 05-12, an
Ordinance rezoning Lot 9, Block 2, University First Addition from a Business B-2A District to a
Residence R-3 District. Public hearing: March 27, 2012.
First Reading - Ordinance No. 06-12. A first reading was held on Ordinance No. 06-12, an
Ordinance for an application for a Conditional Use Permit to establish a Major Home
Occupation (portrait studio) on Lot 8, Block 8, Morehouse Addition (819 9th Avenue). Public
hearing: March 27, 2012.
Temporary Liquor License. A public hearing was held on a Temporary Liquor License for
the Brookings Volunteer Firefighter‟s Association Annual Fireman‟s Dance to be held on July
28, 2012 in the 300 block of Main Avenue. No public comment. A motion was made by Kubal,
seconded by Corbett, to approve. All present voted yes; motion carried.
Ordinance No. 02-12. A public hearing was held on Ordinance No. 02-12, an Ordinance
establishing Business Improvement District Number 1 of the City of Brookings, SD. No public
comment. A motion was made by Kubal, seconded by Bezdichek, to approve Ordinance No.
02-12. All present voted yes; motion carried.
City of Brookings
March 27, 2012
33
Ordinance No. 03-12. A motion was made by Corbett, seconded by McClemans, to approve
Ordinance No. 03-12, an Ordinance authorizing a Supplemental Appropriation to the 2012
Budget for the purpose of providing for additional funds for the operation of the City. All
present voted yes; motion carried.
Resolution No. 37-12. A public hearing was held on Resolution No. 37-12, a Resolution
Levying Assessment for Sidewalk Assessment Project No. 2010-01SWR (2010 Sidewalk Repair
Sites). No public comment. A motion was made by Kubal, seconded by Niemeyer, to approve
Resolution No. 37-12. All present voted yes, except McClemans abstained; motion carried.
Resolution No. 37-12 - Levying Assessment for Sidewalk Assessment Project No. 2010-01SWR
(2010 Sidewalk Repair Sites)
Whereas, the City Council has provided for sidewalk repair work to be completed under
Project No. 2010-01SWR (2010 Sidewalk Repair Sites).
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The City Council has made all investigation and authorized Resolution No. 65-10, which
deems the work necessary and has found and determined that the amount which each lot
or tract will be benefited by the construction of the sidewalk improvement heretofore
designated as Sidewalk Assessment Project No. 2010-01SWR is the amount stated in the
proposed assessment roll.
2. The assessment for Sidewalk Assessment Project No. 2010-01SWR is hereby approved and
the assessment thereby specified are levied against each and every lot, piece or parcel of
land thereby described.
3. Such assessments, unless paid within thirty (30) days after the date of mailing of a statement
of account by the City, shall be collected by the City in accordance with the procedure for
Plan One in Sections 9-43-30 to 9-43-41, South Dakota Compiled Laws of 1967, as
amended with interest of 10% on the unpaid balance.
4. Assessments amounting to less than $300.00 shall be paid in one payment.
Resolution No. 38-12. A public hearing was held on Resolution No. 38-12, a Resolution
Levying Assessment for Sidewalk Assessment Project No. 2011-01SWR (2011 Sidewalk Repair
Sites). No public comment. A motion was made by Niemeyer, seconded by Kubal, to approve
Resolution No. 38-12. All present voted yes; motion carried.
Resolution No. 38-12 - Levying Assessment for Sidewalk Assessment
Project No. 2011-01SWR (2011 Sidewalk Repair Sites)
Whereas, the City Council has provided for sidewalk repair work to be completed under
Project No. 2011-01SWR (2011 Sidewalk Repair Sites).
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The City Council has made all investigation and authorized by Resolution No. 78-11, which
deems the work necessary and has found and determined that the amount which each lot
or tract will be benefited by the construction of the sidewalk improvement heretofore
City of Brookings
March 27, 2012
34
designated as Sidewalk Assessment Project No. 2011-01SWR is the amount stated in the
proposed assessment roll.
2. The assessment for Sidewalk Assessment Project No. 2011-01SWR is hereby approved and
the assessment thereby specified are levied against each and every lot, piece or parcel of
land thereby described.
3. Such assessments, unless paid within thirty (30) days after the date of mailing of a statement
of account by the City, shall be collected by the City in accordance with the procedure for
Plan One in Sections 9-43-30 to 9-43-41, South Dakota Compiled Laws of 1967, as
amended with interest of 10% on the unpaid balance.
4. Assessments amounting to less than $300.00 shall be paid in one payment.
Resolution No. 39-12. A motion was made by Reed, seconded by Niemeyer, to table action
until on Resolution No. 39-12, a Resolution for Proposed Street Assessment Project 2012-
02STA, 32nd Avenue until March 13, 2012. All present voted yes; motion carried.
Resolution No. 40-12. A public hearing was held on Resolution No. 40-12, a Resolution for
Proposed Street Assessment Project 2012-09STA, 25th Avenue and 10th Street. No public
comment. A motion was made by Kubal, seconded by Niemeyer, to approve Resolution No.
40-12. All present voted yes; motion carried.
Proposed Resolution No. 40-12 - Proposed Street Assessment
Project 2012-09STA, 25th Avenue & 10th Street
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 construction of the
streets of the City as follows:
Water main, sewer main, water/sewer services, storm sewer, grading, curb and gutter, gravel
basecourse and asphalt for a total street width of forty one (41‟) feet for collector streets and
thirty one (31‟) feet for residential streets as listed below: Collector Street: 25th Avenue from
9th Street to 10th Street / Residential Street: 10th Street from 25th Avenue to the west
approximately 110 feet / Residential Street: 25th Avenue from 10th South to the north
approximately 400 feet.
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 concrete for curb and gutter and the following materials for
paving of the street:
Two inch (2”) asphalt surface course on a three inch (3” ) asphalt base course on twelve
(12) inches of crushed gravel
3. The improvement is substantially uniform. The estimated cost of curb and gutter is $25.00
per linear foot of street or $12.50 per side of street.
City of Brookings
March 27, 2012
35
The estimated cost for water main, sewer main, water and sewer services, grading, storm
drainage, twelve inch (12”) crushed gravel base course and five inch (5”) asphalt surfacing to
be constructed is approximately $404.00 or $202.00 per side of street.
Therefore, the proposed estimated assessment per front foot of property is $214.50.
As per City resolutions, the City will assume and pay, from the general funds, for any extra
thickness required on collector streets in excess of that described for residential streets
and for the extra width in excess of 31 feet back to back of the curb.
The cost of improvements to street intersections and the long side of corner lots will be
assessed to benefited properties. The cost of improvements will be apportioned to all
assessable lots and tracts of land lying within one-half block or 300 feet of the street being
improved, whichever is less.
4. A description of classes of lots to be assessed is as follows:
The assessable lots and tracts of land lying within one-half block or three hundred feet of
the streets hereinabove described, whichever is less.
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 assessed amount includes engineering and
administration costs. The interest to be charged on the unpaid balance shall be 10%.
6. The above-described improvement shall be hereinafter referred to at Street Improvement
Project No. 2012-09STA, which shall be deemed a description of the improvement of the
streets as hereinabove set forth.
Resolution No. 41-12. A public hearing was held on Resolution No. 41-12, a Resolution of
Intent to Lease Real Property (SDSU Airport Hangar). No public comment. A motion was
made by Bezdichek, seconded by Niemeyer, to approve Resolution No. 41-12. All present
voted yes; except Reed abstained; motion carried.
Resolution No. 41-12 - Resolution of Intent to Lease Real Property
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 SDSU for a period of thirty years, renewable for
two additional five year terms, commencing on the purchase date of approximately February
29, 2012, and ending approximately February 28, 2042 and pertaining to the following described
property: 13,589 square feet on Lot “X”, at the Brookings Regional Airport, in Section 26-
T110N-R50W in the City of Brookings, Brookings County, South Dakota.
The Lease will be an amount of one thousand four hundred ninety-four dollars and seventy-nine
cents ($1,494.79), which is $0.11 per square foot, payable annually. The lease amount may be
adjusted by the Brookings City Council each year. The City of Brookings may terminate this
Lease with a notice of 60 days to the lessee.
City of Brookings
March 27, 2012
36
Be It Further Noted, that a Public Hearing on this Resolution was held on February 28, 2012 at
6:00 o‟clock P.M. at the City Council Chambers and that all persons were given an opportunity
to be heard on the intent to lease real property.
Passed and approved this 28th day of February 2012, contingent upon approval by the State of
South Dakota.
Resolution No. 44-12. A public hearing was held on Resolution No. 44-12, a Resolution to
annex the R‟Surene Morgan Farm Addition in the NW ¼ of Section 6-T109N-R49W (2019 22nd
Avenue South). No public comment. A motion was made by Kubal, seconded by Corbett, to
approve Resolution No. 44-12. All present voted yes; motion carried.
Resolution No. 44-12 - Resolution of Annexation
Whereas, The City of Brookings is authorized pursuant to South Dakota Codified Law 9-4-1 to
annex contiguous territory upon receipt of a written petition, describing said territory sought to
be annexed, signed by not less than three-fourths (3/4) of the legal voters and by the owner or
owners of not less than three-fourths (3/4) of the value of said territory, and
Whereas, the City of Brookings desires to annex the following described property, to wit:
R‟Surene Morgan Farm Addition in the NW ¼ of Section 6-T109N-R49W
Whereas, the aforesaid land is contiguous to the present boundaries of the City of Brookings, and
Whereas the City of Brookings has received a Petition For Annexation of Territory signed by the
owners of greater than three-fourths (3/4) of the value of the aforesaid property and by not less
than three-fourths (3/4) of the legal voters residing in said territory, now therefore
Be It Resolved by the City of Brookings, South Dakota, that the property described above is
hereby annexed to the City of Brookings.
Operating Agreement. A motion was made by McClemans, seconded by Reed, to consider
a proposal from Main Street Pub regarding temporary use of Buffalo Wild Wings Operating
Agreement. Reed and McClemans voted yes; Bezdichek, Corbett, Kubal and Niemeyer voted
no; motion failed.
Adjourn. A motion was made by Corbett, seconded by McClemans, to adjourn. All present
voted yes; motion carried. Meeting adjourned at 7:57p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
March 27, 2012
37
Brookings City Council
March 13, 2012 (unapproved)
The Brookings City Council held a meeting on Tuesday, March 13, 2012 at 4:00 p.m., at City Hall
with the following members present: Mayor Tim Reed (by phone), Council Members John Kubal
(by phone), Mike McClemans (by phone), Tom Bezdichek (by phone), Ope Niemeyer, Jael Thorpe
(by phone) and Keith Corbett. City Attorney Steve Britzman, City Manager Jeff Weldon, and
City Clerk Shari Thornes were also present.
Council Member Corbett presided over the meeting in absence of the mayor. A motion was
made by Niemeyer, seconded by Reed, to approve the agenda. All present voted yes; motion
carried.
TABLED ITEM: Resolution No. 39-12. A motion was made by Kubal, seconded by
Bezdichek, to remove Resolution No. 39-12, a Resolution for proposed Street Assessment
Project 2012-02STA, 32nd Avenue, from the table. All present voted yes; motion carried to
remove from table.
A motion was made by Thorpe, seconded by Reed, to approve Resolution No. 39-12, a
Resolution for proposed Street Assessment Project 2012-02STA, 32nd Avenue.
Weldon reported city representatives met with property owners on March 12th and offered a
25% reduction of the assessment if the parties would dedicate an additional 5 foot of right-of-
way for a total of 70 feet of right-of-way. Weldon said the property owners rejected the offer
and countered with a request to reduce the assessment by 75%, which was rejected by the city.
Public comment: The following individuals spoke in opposition: Steve Jorenby, Brian Vanliere and
Rich Helsper, representing multiple parties.
AMENDMENT: A motion was made by Reed, seconded by Kubal, to amend the resolution to
discount the assessment by 25 percent (%), citing the benefits to the abutting property are as
follows: substantial increase in the market value of the property, improved street drainage
system, upgrade to a hard surface street, and the city will provide snow removal and street
maintenance. On the amendment: Reed, Kubal, McClemans, Niemeyer, Corbett, and Thorpe
voted YES; Bezdichek voted NO; motion to amend carried.
On the main motion as amended: Reed, Kubal, McClemans, Niemeyer, Corbett, and Thorpe
voted YES; Bezdichek voted NO; motion carried.
Resolution No. 39-12
Proposed Street Assessment Project 2012-02STA, 32nd Avenue
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 construction of the
streets of the City as follows: Water/sewer services, storm sewer, grading, curb and gutter,
City of Brookings
March 27, 2012
38
gravel basecourse and asphalt for a total street width of forty one (41) feet for collector streets
as listed below: Collector Street: 32nd Avenue from Highway 14 Bypass to the south
approximately 2,480 feet.
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 concrete for curb and gutter and the following materials for
paving of the street:
Two inch (2”) asphalt surface course on a four inch (4”) asphalt base course on
twelve (12) inches of crushed gravel for a forty one (41‟) foot wide collector
street.
3. The improvement is substantially uniform. The estimated cost of curb and gutter is
$20.00 per linear foot of street or $10.00 per side of street.
The estimated cost for grading, storm drainage, six (6) inch crushed gravel base course
and six inch (6”) asphalt surfacing to be constructed to a width of 31 feet back to back
of curb, per linear foot of streets is $262.00 or $131.00 per side of street. This is the
estimated cost of a regular residential street and is the estimated assessable cost for the
street.
Therefore, the proposed estimated assessment per front foot of property is $141.00.
As per City resolutions, the City will assume and pay, from the general funds, for any
extra thickness required in excess of that described for residential streets and for the
extra width in excess of 31 feet back to back of the curb. The City will also assume and
pay for drain tile and costs for the detention pond located in the Foster Addition.
4. A description of classes of lots to be assessed is as follows:
The assessable lots and tracts of land lying within one-half block or three hundred feet
of the streets hereinabove described, whichever is less.
5. The benefits to the abutting property is as follows:
A. Substantial increase in the market value of the property.
B. Improved street drainage system.
C. Upgrade to a hard surface street.
D. City will provide snow removal and street maintenance.
6. 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 abutting properties in the Thelen‟s Addition
shall receive a twenty-five (25%) percent reduction in the assessment. The assessed
City of Brookings
March 27, 2012
39
amount includes engineering and administration costs. The interest to be charged on the
unpaid balance shall be 10%.
7. The above-described improvement shall be hereinafter referred to at Street
Improvement Project No. 2012-02STA, which shall be deemed a description of the
improvement of the streets as hereinabove set forth.
Adjourn. A motion was made by Kubal, seconded by Reed, to adjourn. All present voted yes;
motion carried. Meeting adjourned at 5:09 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
March 27, 2012
40
CONSENT AGENDA #4
C. Action to authorize the Mayor to sign a letter of support for
Habitat for Humanity’s Grant Application for SD Housing
Authority Funds.
Brookings Area Habitat for Humanity (BAHFH) is submitting a grant
application for SD Housing Authority Funds. This project includes home
builds #51 and #52, located at Lot 1, Block 5, Blairhill Second Edition and
Lot 1, Block 6, Blairhill Second Edition (neighborhood by Camelot
Intermediate School). Attached is a letter of support signed by Mayor.
BAHFH is looking for council endorsement of the Mayor‟s letter of
support.
City of Brookings
March 27, 2012
42
5. Items removed from Consent Agenda.
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.
City of Brookings
March 27, 2012
43
Open Forum
6. Invitation for a Citizen to schedule time on the Council Agenda
for an issue not listed.
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.
7. SDSU Student Senate Report.
President – Mark York
Vice-President – Anthony Sutton
Administrative Assistant – Brooke Reiner
Finance Chair – Brian Gottlob
State & Local Chair – Jameson Berreth
SDSU Senate Website: http://www.wix.com/sdsu_sa/sa
City of Brookings
March 27, 2012
44
Contracts and Change Orders
8. Action on Resolution No. 45-12, a Resolution awarding a contract
for the 2012-04SSI Pheasants Nest Addition Detention Pond
Project.
The Pheasant Nest Detention Pond Project is prioritized as Project No. 3 of the
drainage improvement projects identified in the Storm Drainage Master Plan; the
project was designed by Banner Associates along with Confluence for the
landscaping component. The project is located on the southeast corner of 12th
Street South and 7th Avenue South, on Block 10 of Pheasant Nest Addition. The
project will entail grading a detention pond project with sidewalk, storm sewer
pipe, drainage structures, erosion control, and landscaping. The ground will be
graded to allow an open area for a future dog park in the southwest corner of
the lot. A schematic drawing is included. The City has received approval from
the South Dakota Department of Environment and Natural Resources for funding
from the State Revolving Fund for this project, which will be a 20-year loan at 3%
interest. The loan payments will be funded with the Storm Drainage Fees. This
project was bid in July 2011, with only one bid received in the amount of
$459,345.80, which was significantly higher than the budget approved by
SDDENR. It was decided to rebid the project early in the 2012 construction
season in anticipation of more competitive bids, and a few slight modifications
were made to the plans.
The City held a bid letting at 1:30 PM on Tuesday, March 20, 2012 at City Hall
and the following bids were received:
Bowes Construction Company, Inc., Brookings, SD: $276,283.40
Rounds Construction Company, Inc., Brookings, SD: $324,390.92
Ronglien & Sons Excavating, Inc., Big Stone City, SD: $397,661.75
The low bid of Bowes Construction Company, Inc. was approximately 21% lower
than the Opinion of Probable Cost from Banner Associates for this project,
which was $348,399.50. The original construction budget which was submitted
to the SDDENR for this project was $343,335. The project bid proposal is being
reviewed by the SDDENR at the time of this memo. Approval of this resolution
will award the project to Bowes Construction Company, Inc. of Brookings, SD
for the low bid of $276,283.40, contingent upon SDDENR approval.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
March 27, 2012
45
Resolution No. 45-12
Resolution Awarding Bids for 2012-04SSI Pheasant Nest Detention Pond Project
Whereas, the City of Brookings opened bids for 2012-04SSI Pheasant Nest Detention Pond
Project on Tuesday, March 13, 2012 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for 2012-04SSI Pheasant Nest
Detention Pond Project: Bowes Construction Company, Inc.: $276,283.40; Rounds
Construction Company, Inc.: $324,390.92; Ronglien & Sons Excavating, Inc.: $397,661.75.
Now Therefore, Be It Resolved that the project be awarded to the low bid of Bowes
Construction Company, Inc. for $276,283.40, contingent on DENR approval.
Passed and approved this 27th day of March 2012.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
Facility Plan for Pheasants Nest Drainage Improvement Project
City of Brookings 31 3/30/2011
City of Brookings
March 27, 2012
47
Contracts and Change Orders
9. Action on Resolution No. 46-12, a Resolution awarding a contract
for 2012-09STI, 25th Avenue and 10th Street Construction Project.
The Brookings City Council adopted Resolution No. 40-12, which
authorized the City to proceed with Street Assessment Project 2012-
09STA, 25th Avenue and 10th Street. The proposed streets are located east
of 22nd Avenue and north of the Lowes/Wal-Mart area. The street plans
were designed by Civil Design Inc. and the project will include curb and
gutter, grading, gravel, detention pond, storm sewer, asphalt pavement, and
water and sanitary sewer mains and services. This project will be an
assessment project, with the City paying the extra width and thickness
costs for the street.
The City held a bid letting at 1:30 PM on Tuesday, March 20, 2012 at City
Hall and the following bids were received:
Bowes Construction Company, Inc., Brookings, SD: $398,661.42
Prunty Construction, Brookings, SD: $426,404.78
Winter Brothers, Inc., Sioux Falls, SD: $448,800.00
Metro Construction, Sioux Falls, SD: $535,880.91
First Rate Excavate, Sioux Falls, SD: $549,959.92
Carstenson Construction, Pipestone, MN: $614,338.75
The low bid from Bowes Construction Company, Inc. was approximately
23% lower than the Engineer Opinion of Cost from Civil Design, Inc. for
this project which was $516,907.00. Approval of this resolution will award
the project to Bowes Construction Company, Inc. of Brookings, SD for the
low bid of $398,661.42.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
March 27, 2012
48
Resolution No. 46-12
Resolution Awarding Bids for 2012-09STA 25th Avenue and 10th Street Project
Whereas, the City of Brookings opened bids for 2012-09STA 25th Avenue and 10th Street
Project on Tuesday, March 20, 2012 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for 2012-09STA 25th Avenue
and 10th Street Project: Bowes Construction Company, Inc.: $398,661.42; Prunty
Construction: $426,404.78; Winter Brothers, Inc.: $448,800.00; Metro Construction:
$535,880.91; First Rate Excavate: $549,959.92; Carstenson Construction: $614,338.75.
Now Therefore, Be It Resolved that the low bid of Bowes Construction Company, Inc. for the
bid of $398,661.42 be accepted.
Passed and approved this 27th day of March 2012.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City of Brookings
March 27, 2012
49
Contracts and Change Orders
10. Action on Resolution No. 47-12, a Resolution awarding contracts
for the Brookings Public Safety Center Project (Police Dept.
Remodel).
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Contract award for City Hall remodeling project for Public Safety
Center
A bid opening was held this week for the remodeling of City Hall for the Police
Department expansion space. The estimate for the project as prepared by our
architects, designArc, Inc., was $314,000. The result of the bid opening is
attached on the bid tabulation sheet.
We were disappointed with only two bidders responding to the project and the
low bid was over budget. We speculated one possible reason this project was
not very attractive to contractors is that it involves primarily remodeling work
on an existing commercial structure, there was no new construction, and there is
a lot of mechanical work which can have many unknown factors to contractors.
Still, the project is essential that we undertake based on the need. What‟s more,
I can suggest no plan modifications which would both meet our needs and reduce
the cost. Also, any effort to re-design or re-bid the project would cause delays in
construction and provide no guarantee of better bid results. As a result, I am
recommending you award the construction contract to Mark Luke Construction
of Sioux Falls as the low bidder. I am also recommending we accept Alternate #3
which are window improvements for weatherization and energy efficiency in the
dispatch area and reject Alternate #1 which is the display casework in the foyer.
Fortunately, our other projects so far have come in significantly under budget so
we can adjust budget items in the capital fund to cover this overage from the
underage of others.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
March 27, 2012
50
Resolution No. 47-12
Resolution Awarding Bids for the Brookings Public Safety Center Project
(Police Dept. Remodel)
Whereas, the City of Brookings opened bids for the Brookings Public Safety Center Project
(Police Dept. Remodel) on Tuesday, March 20, 2012 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Brookings Public Safety
Center Project (Police Dept. Remodel): Clark Drew Construction, Inc.: $419,500, Alternate
#1 $3,400, Alternate #3 $8,000; Mark Luke Construction: $396,300, Alternate #1 $2,425,
Alternate #3 $6,700.
Now Therefore, Be It Resolved that the low bid of Mark Luke Construction for the base bid of
$396,300 and Alternate #3 for $6,700, for a total of $403,000, be accepted.
Passed and approved this 27th day of March 2012.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
designArc architecture + design • 408 fourth street • Brookings, SD 57006 • 605.692.4008 • F.605.692.4007 • www.teamdesignarc.com
plan holders list page 1
bid tabulation
Date: 2012.03.20 Project: Brookings Public Safety Center Renovation Project No.
# of Pages: 1 Bid Date: 2012.03.20
CONTRACTOR Addendum
01, 02
Check √
Bid Bond
Check √
Base Bid
Alt. 01
Lobby Display Cabinet
Alt. 03
Dispatch Storefront
Clark Drew
Construction Inc. $419,500 $3,400 $8,000
Mark Luke
Construction $396,300 $2,425 $6,700
Average $407,900
Estimate: $ 314,000
Jonathan Meendering Assoc. AIA, LEED AP
City of Brookings
March 27, 2012
52
Contracts and Change Orders
11. Action on Resolution No. 48-12, a Resolution authorizing Change
Order No. 2 for 2011-01 Gateway Project, Clark Drew, Inc.
The general contractor, Clark Drew Construction, Inc., has submitted a
change order addressing items related to the first phase of the Gateway
Project. During the course of the project, it was determined to change the
location of the Larson Park sign to be perpendicular to the road and have
engraved text on both sides of the sign. The landscaping plan at the Medary
Avenue sign location was modified to match the landscaping plan of the
SDSU sign. Two planters have been added to the project to be installed in
conjunction with the Dakota Nature Park and Pioneer Park sign locations.
The planters were bid as an alternate in the original bid package, but were
not approved due to costs. A donor has agreed to cover the costs of these
two planters. The change order is an increase of $19,744.00 from the
previous contract price. The original completion date of June 30, 2012 will
remain intact for the rest of the 2011-01 Gateway Project.
Original Contract Price: $588,100.00
Change from Previously Approved Change Orders (No. 1): ($ 18,830.00)
Contract Price Prior to this Change Order: $569,270.00
Increase of this Change Order (No. 2): $ 19,744.00
Contract Price incorporating this Change Order: $589,014.00
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
March 27, 2012
53
Resolution No. 48-12
Resolution Authorizing Change Order No. 2 for
2011-01 Gateway Project, Clark Drew, Inc.
Be It Resolved by the City Council that the following change order be allowed for 2011-01
Gateway Project:
Construction Change Order Number 2
Adjust the contract cost to install two planters, add engraved text to sign, and
modify landscaping plan for Medary Avenue sign for an increase of $19,744.00 to
the contract.
Passed and approved this 27th day of March, 2012.
CITY OF BROOKINGS
_____________________
ATTEST: Tim Reed, Mayor
________________________
Shari Thornes, City Clerk
City of Brookings
March 27, 2012
54
Contracts and Change Orders
12. Action to approve various City/County Government Center
Change Orders.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: City/County Government Center change orders
The following are change orders to various construction contracts for the City/County
Government Center. They were reviewed and approved by the Joint Powers Board at
the March 9th JPB meeting and ratified by the County Board of Commissioners at their
March 13th meeting.
Most of the change orders are related to owner-requested modifications to the building
and a few others are field verifications that needed to be corrected from the plans and
one is a small deduct. However, I need to draw your attention to COR #14 which is
for $30,995. This is an electrical item to provide wiring for the door security system
throughout the building. We have electronic key card access to the doors and the
original plan was to have all wiring in one electrical contract so we could avoid multiple
contracts responsible for pulling different types of wire. This detail was missed by the
electrical engineers during the construction documents phase. Had it been included, we
would have paid approximately this same amount in the original bid. Because it was not
included, we did not pay for it originally so we are paying for it through a change order.
The original direction from us was to include this in the original plans and we put our
security consultant in touch with the electrical engineers to facilitate communication,
but it did not get incorporated into the plan sets.
With the below changes, the construction contingency currently stands at $281,118
with two months of construction remaining. Outstanding items in other budgets are
furniture, fixtures, and equipment (FFE). At the end of the project, FFE or a portion
thereof could also be expended from the remaining contingency. Also outstanding are
moving expenses.
COR #024 American Electric Construction $7,760
Added electrical and data cable ports in six rooms. Owner-requested.
COR #041 Clark Drew Construction $1,021
Extra materials and cutting for sills in two rooms.
COR #44 Mills Construction ($450)
Delete temporary fence at east end of block. Material not needed.
RFP #014 American Electric Construction $30,995
Add wiring for exterior door security system.
City of Brookings
March 27, 2012
55
RFP #15 American Electric Construction $1,702
Add rough-in for card access and door strike for lower level doors. This
item improved security for the lower level storage areas. Owner-
requested.
RFP #16 Mills Construction $2,553
Peska Construction $16,100
Extend alley re-construction to include east half of alley. The
construction will be in concrete and match the west half of the alley
which serves as parking lot access approach. The original plans did not
include the east half of the alley. The alley has deteriorated more than
anticipated and it will provide a better finished appearance and function
for the site. Owner-requested.
RFP #18 American Electric Construction $3,139
Clark Drew Construction -0-
Add electrical outlets into cabinetry/casework in certain areas. Owner-
requested.
RFP #020 Clark Drew Construction $4,914
Grazzini Bros. & Company -0-
Mills Construction -0-
Add casework in second floor county reception area. Owner-requested.
RFP #021 American Electric Construction $5,243
Modify fire alarm system to remedy a code interpretation of the Fire
Marshal.
RFP #022 Clark Drew Construction $276
Ellis-Lieffort Painting $40
Fox Drywall & Plastering $386
Kenneth Janning & Son, Inc. -0-
Mills Construction $186
Modify wall at alley building entrance to accommodate building mail box
as per the instructions of the US Postal Service. Owner-requested.
RFP #023 Ellis-Lieffort Painting $150
Fox Drywall & Plastering $245
Midwest Glass $106
Mills Construction $511
Add a window to south wall in Room 142 for County Finance Office.
Owner-requested.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
March 27, 2012
56
BROOKINGS CITY/COUNTY
JOINT POWERS BOARD MEETING
Thursday, March 8, 2012
The Joint Powers Board met on Thursday, March 8, 2012 with the following members
present: John Kubal, Tim Reed, Alan Gregg, and Dennis Falken. Architect Brent Koch with
Cannon, Moss, Brygger and Project Manager Tom Ginter with Bossardt Corporation were in
attendance via telephone.
REGULAR BUSINESS
Chairperson John Kubal called the meeting to order and a quorum was established.
Motion by Gregg, seconded by Reed to approve the minutes from the February 9, 2012
Joint Powers Board meeting. All members voted aye. Motion carried.
Construction Site Superintendent Dan Volbert updated the board on the construction
progress.
Project Manager Tom Ginter reviewed the pending change orders. The board discussed
change order RFP#014 for $30,995 for security wiring additions for the doors in the building.
Ginter said that it is critical that this work gets done right away because it all goes above the
ceiling grid which is starting to get installed. Commission Assistant Stephanie Ellwein said that it
was their understanding that all the wiring would go through a bid package, but somehow the
wiring for the doors wasn‟t included. Kubal said he had concerns with this and asked if it was
an oversight on someone‟s part. Ellwein said they had been told that all the wire for the
building should be pulled by one contractor, so they thought it was part of the original bid
package. Falken said that if it had been in the bid package, they would have been paying for it.
Ellwein noted that they have received a Homeland Security Grant that paid for approximately
$90,000 of the total cost. Reed asked if the security to the doors was an add-on item. Ellwein
said they knew about this before the bid packages went out, but they aren‟t sure who missed it.
The board reviewed the overall construction budget. Ginter noted a change to the
construction support line. He said they did a projection and they are not going to spend the
amount projected for construction support for a savings of $100,000. With that savings, Ginter
said the actual contingency remaining is $281,118, which looks solid at this point. Ellwein noted
that the contingency amount does not show the Homeland Security Grant money of
approximately $90,000 either. Falken asked if there is a negotiation process on what the cost
for a change should be. Ginter said that items do get adjusted. He said it‟s a group effort to
make sure the pricing is fair and a good percentage of the changes do get reduced. Ginter said
all the recommendations they make get agreed upon prior to bringing them to the board. He
said that if contractors figure out changes aren‟t being scrutinized, the price tends to go up.
Ginter said that‟s why they have established a good practice of reviewing all changes.
Reed noted that there is $420,814 left in contingency without the additional building
cost items.
Kubal referenced minutes from January where Ginter had said that by this point of a
project the major changes have been made. He asked Ginter if that is still the case. Ginter
noted that a lot of the change orders are now owner-requested. He said that things will still
come up, but not many changes are being discovered in the field at this point.
Reed asked about paving the alley. Ginter said they will use concrete. City Engineer
Jackie Lanning said the estimate is lower than what she had projected and it will be all concrete
City of Brookings
March 27, 2012
57
which will match the parking lot and have better longevity. Falken asked if there would be any
property assessment issues. Lanning said the property owners would have paid for the alley
the first time it was done, so there won‟t be any issues. Volbert said that he has concerns
about a gas line under the alley. Lanning said the grade should be about the same or just a few
inches different than what it is currently. She said the engineers in the field may have to look at
it though.
Motion by Gregg, seconded by Reed to approve the following change orders: COR#024
to American Electric Construction‟s contract for $2,405 for owner-requested electrical
changes; COR#041 to Clark Drew Construction, Inc.‟s contract for $1,021 for extra materials
and cutting for sills in rooms 115 and 116; COR#044 to Mills Construction, Inc.‟s contract for -
$450 to delete the temporary fence at the east end of the project; RFP#014 to American
Electric Construction‟s contract for $30,995 for security wiring additions; RFP#015 to
American Electric Construction‟s contract for $1,702 to add rough-in card access and door
strike for lower level doors; RFP#016 to the contracts with Mills Construction, Inc. for $2,553
and Peska Construction, Inc. for $16,100 for a total of $18,653 to complete paving of alley
south of the new building; RFP#018 to the contracts with Clark Drew Construction, Inc. for $0
and American Electric Construction for $3,139 for casework electrical modifications; RFP#020
to the contracts with Clark Drew Construction, Inc. for $4,914, Grazzini Brothers & Company
for $0 and Mills Construction, Inc. for $0 to add casework to waiting room #248; RFP#021 to
the contract with American Electric Construction for $5,243 for electrical/fire alarm changes as
per the Fire Marshall; RFP#022 to the contracts with Clark Drew Construction, Inc. for $276,
Ellis-Lieffort Painting, Inc. for $40, Fox Drywall & Plastering, Inc. for $386, Kenneth Janning &
Sons, Inc. for $0 and Mills Construction, Inc. for $186 for a total of $888 for a mailbox addition
in corridor 129; and RFP#023 to the contracts with Ellis-Lieffort Painting, Inc. for $150, Fox
Drywall & Plastering, Inc. for $245, Midwest Glass for $106, and Mills Construction, Inc. for
$511 for a total of $1,012 to add a window to the south wall of finance room 142. All
members voted “aye.” Motion carried.
Koch presented the architect‟s report. He said he was on-site this Tuesday and things
are coming along well. He said they are reviewing changes and costs, finalizing terrazzo samples
and reviewing the third floor casework drawings one more time before forwarding them on to
Ellwein and City Manager Jeff Weldon.
The board reviewed the monthly finance report. Ellwein noted that $9,794,403.04 has
been paid to date, which does include land acquisition and demolition costs.
Ellwein said that she and Weldon continue to work on interior signage, as well as
furniture and fixture issues.
Kubal said that Brookings Arts Council Executive Director Susan Brugger was in
attendance again. He said that at the last meeting the board had indicated they should give
Brugger direction on how to proceed with potential artwork for the exterior of the building.
Kubal asked Brugger what she needs the board to do.
Brugger said they need to get a timeline of sorts. She said it generally takes 6 to 8
weeks for a deadline for submissions and then she said the Arts Council could look over the
entries and rank them or pass them on to the Joint Powers Board to review. Kubal asked
about costs. Brugger said the only cost would be for advertising in the newspaper.
Ellwein asked about the timeline from approval to project completion. Brugger said it
depends on what the artist would need, which could be anywhere from a couple of months to a
year. She also suggested putting a range of costs in the call for bids because they don‟t want to
City of Brookings
March 27, 2012
58
go over any statutory bid limits either. City Attorney Steve Britzman said the limit is probably
$50,000 because it could be considered a building improvement. Reed asked if the Arts Council
could do any fundraising. Brugger thought something could be worked out.
Falken said that he‟s not looking at getting this done before the building is dedicated and
wondered if they should even start having something designed until they can see how much
space there is on the building. He said the process can start, but get the building completed
and see what will fit. Reed said that it may help for the building to be done and people may
notice that something is needed in that spot. He said that he would like the council to rank the
entries for the board too.
Kubal asked if the artists submitting entries know this is competitive. Brugger said they
do and that‟s why they ask for drawings or renderings so something isn‟t warehoused. Kubal
asked about the geographic range in which they send out the call for entries. Brugger said they
try to stay within the region which includes South Dakota, western Minnesota and northwest
Iowa. She said she likes when an artist can come speak about their work so it helps having
them close. Kubal also asked if there are commercial organizations that do this that may have
ready-made artwork. Brugger said rarely. Kubal said he‟d like to get something unique to the
building.
Reed asked what Brugger needed from the board. Brugger said that they can put
together a call for entries and wait to see what the building will look like. She said that they
can put a picture of the building on their website then as well. Reed suggested they have the
call for entries go out on the day of the building‟s dedication and by that time they could
establish a budget for the project as well. By consensus, the board agrees to move forward
with the call for entries.
The next meeting is scheduled for April 12, 2012 at 8:00 a.m.
ADJOURNMENT
Motion by Reed, seconded by Gregg to adjourn. All members voted aye. Motion
carried.
It is the policy of Brookings County, South Dakota, not to discriminate against the
handicapped in employment or the Provision of Service. The County of Brookings is
responsive to requests for communication aids and the need to provide appropriate access, and
will provide alternative formats and accessible locations consistent with the Americans with
Disabilities Act.
Stacy Steffensen
Deputy Finance Officer
Brookings County Finance Office
Published once at the total approximate cost of _______________.
City of Brookings
March 27, 2012
59
First Readings**
13. Ordinance No. 07-12, an Ordinance Amending Section 42-93 (A)
of the Code of Ordinances of the City of Brookings, South Dakota
and Pertaining to the Compensation of the Board of Trustees on
the City of Brookings, South Dakota.
Public Hearing: April 10th
**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.
The Brookings Health Systems Board has proposed revisions to the Code
of Ordinance pertaining to compensation and member terms. Proposed
Ordinance No. 07-12 would provide $300 per month for members and
$400 for the Board President. The Board did not receive compensation
prior to this time.
City of Brookings
March 27, 2012
60
Ordinance No. 07-12
An Ordinance Amending Section 42-93 (A) of the Code of Ordinances of
the City of Brookings, South Dakota and pertaining to the Compensation of the
Board of Trustees in the City of Brookings, South Dakota.
Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows:
I.
Sec. 42-93 (a) Compensation; terms.
(a) The members of the board of trustees may be compensated for their service as
members of the Board of Trustees in an amount not to exceed $300 per month per member
and $400 per month for the president.
In addition, members of the Board of Trustees will be reimbursed for reasonable
expenses when performing hospital and manor business. The members of the board of trustees
shall be appointed for staggered three-year terms. New members shall be appointed prior to
January 1 of each year. No members may serve more than three consecutive terms.
II.
Subsections 42-93 (b) and (c) remain unchanged. All other ordinances in conflict
herewith are hereby repealed.
First Reading: March 27, 2012
Second Reading:
Published:
CITY OF BROOKINGS, SD
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
March 27, 2012
61
First Readings**
14. Ordinance No. 08-12, an Ordinance rezoning Lot 1, Block 1,
Husen’s Addition and Husen’s Addition excluding the north
272.8 feet of the east 815 feet thereof, from a Residence R-
1A and R-3A District to an Industrial I-1 District (east side of
Highway 14 diagonal).
Public Hearing: April 10th
**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.
Applicant: Richard Halstead
Proposal: Convert undeveloped residential land into a light industrial
district
Background: Land use in this general area has been influenced by several
factors. First and foremost is that the majority of the land has always been
in the floodway and special flood hazard area (SFHA). In addition, Western
Avenue from 6th Street to the by-pass was part of Highway 14 until the mid
1960‟s when the diagonal was constructed. This is why there are several
businesses along that stretch of road today. A few of these business lots
also contained the home of the proprietor. In the latter part of the 1960‟s,
the city zoned much of the undeveloped land to a Residence R-1A District
to “control” future development.
In 1978, the city became a partner with the National Flood Insurance
Program that is now part of FEMA. Regulations were put in place to
require minimum elevations for all structures that were proposed in the
SFHA. This resulted in the types of developments built slab-on-grade or
elevated above grade. Therefore, the greatest expansion in terms of land
use in the floodplain has been industrial operations followed by mobile
home parks. Both uses can meet the elevation requirements quite easily in
most instances.
The acreage is adjacent to a mobile home park on the north and east, an
abandoned mobile home park to the south, and a single-family home
City of Brookings
March 27, 2012
62
toward the northeast. The petitioner requested a rezoning of this area in
2009 and the commission recommended rezoning about 200 feet along the
south boundary. However, the request was withdrawn by the owner
before it went to the City Council.
Specifics: The requested rezoning involves approximately 12.75 acres. A
portion of the land has been filled but most of it remains as pasture land.
Development obstacles that exist regardless of the zoning include the
availability of sanitary sewer and water and right-of-way access.
Recommendation: The Planning Commission voted 8 yes and 0 no to
recommend approval of the rezoning.
City of Brookings
March 27, 2012
63
Ordinance No. 08-12
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 1, Husen‟s Addition and Husen‟s Addition excluding the north 272.8
feet of the east 815 feet thereof
be and the same is hereby rezoned and reclassified from a Residence R-1A and R-3A District to
an Industrial I-1 District
In accordance with Section 94-7 of Article I of Ordinance 25-02 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. 25-02 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. 25-02 of the City
of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading March 27, 2012
Second Reading and Adoption April 10, 2012
Published
CITY OF BROOKINGS, SD
________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City of Brookings
March 27, 2012
66
Planning Commission
Brookings, South Dakota
March 12, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on Monday March 12, 2012, at 7:00 PM in the Council Chamber at City Hall. Members
present were Greg Fargen, Alan Gregg, Al Heuton, Donna DeKraai, John Sydow, Hal Bailey,
Mike Cameron, and Avery. John Gustafson was absent. Also present were Brian Gatzke, John
Mills, Al Rogers, Jason Stevenson, Todd Meierhenry, Community Development Director Mike
Struck, Planning and Zoning Administrator Dan Hanson and others.
Item #6 – Richard Halstead has submitted a petition to rezone Lot 1, Block 1, Husen‟s
Addition and Husen‟s Addition excluding the north 272.8 feet of the east 815 feet thereof from
a Residence R-1A and R-3A District to an Industrial I-1 District.
(Gregg/Cameron) Motion to approve the rezoning. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #6 – Hanson summarized the previous application history of the property and the
location of property within the Special Flood Hazard Area.
Heuton was concerned how driveways would access the acreage and if they would be
through a residential area. Hanson noted the access would be restricted to Highway 14
Diagonal. Additional access to the diagonal would be up to the SDDOT.
Fargen was concerned about compatibility with adjoining uses. Hanson remarked that a
fifty foot landscape buffer would be required between an I-1 District and any residential district.
Heuton noted that there was a variety of land uses in the area and an Industrial I-1
District was located nearby.
City of Brookings
March 27, 2012
67
Sec. 94-136 INDUSTRIAL I-1 LIGHT DISTRICT
(a) Intent. This district is intended to provide for a number of light manufacturing, light
processing, warehousing and service uses. This district includes the supportive commercial uses
for the industrial businesses.
(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 Industrial I-1 Light
District.
(c) Permitted Uses.
1. Assembling and packaging
2. Freight handling
3. Manufacturing, light
4. Storage and warehousing
5. Processing, light
6. Parking facility or lot
7. Office
8. Truck stop
9. Automobile service station
10. Public utility facility
11. Reverse vending machine
12. Contractors shop and storage yard
13. Motor vehicle repair shop
14. Semi-trailer storage
15. Farm Implement Sales
16. Telecommunications Tower
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with conditions prescribed herein:
1. Day care facility
a. A four-foot (4') high transparent fence shall be constructed between the play area and
the street.
b. An off-street pick-up and drop-off area shall be provided.
2. Light processing facility for recyclables
a. All storage and processing areas shall have perimeter fencing on all sides.
3. Buy back center for recyclables
a. A list of the types of recyclable material to be collected shall be approved prior to the
issuance of any permit
4. Citizens drop-off facility for recyclables
a. Containers or bins shall be provided for all waste material.
b. No container shall be located within 100 feet of a residential district.
5. Household hazardous waste site
a. Such uses shall be within a completely enclosed building.
b. The applicant shall comply with the provisions of all applicable laws and ordinances.
6. Transfer site for recyclables
City of Brookings
March 27, 2012
68
a. All storage areas shall have perimeter fencing on all sides.
b. A list of the types of recyclable material to be collected shall be approved prior to the
issuance of any permit.
7. Automobile storage yard
a. Impound area shall be surfaced with gravel, asphalt or concrete.
(e) Conditional Uses.
Kennel
1. Broadcast Tower
2. Outdoor Sales
3. Concrete Plant
(f) Density, Area, Yard and Height Regulations.
The I-1 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'* 20'* 50'
*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 I-1 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 I-1 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 I-1 District shall be in conformance with the regulations
set forth in division 5 of article VI of this chapter
(g) Other Regulations. Development within the I-1 District shall be in conformance with the
regulations set forth in article II of this chapter
City of Brookings
March 27, 2012
70
First Readings**
15. Ordinance No. 09-12, an Ordinance pertaining to an application
for a Conditional Use for a kennel in the Business B-3 District on
Lot 2, Block 5, Bidco Addition (120 W. Second St. So.).
Public Hearing: April 10th
**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.
Applicant: AgriCultures Inc.
Proposal: Establish a kennel in conjunction with an animal hospital.
Background: The Bidco Addition makes up a large area north of 2nd Street South across
from the airport. It was originally zoned I-2 in order to accommodate the city‟s first
industrial park. In 2002, the southeast corner was rezoned to a B-3 District. The
petitioner owns the land to the north and west. The airport is to the south, and a
motor vehicle repair shop is to the southeast. A Residence R-3A District is east of the
site. The red line on the aerial map is the district boundary line.
Specifics: The kennel would be established in conjunction with an animal hospital. The
conditional use standards for a kennel are as follows:
Sec. 94-282
This use shall be located in areas where the noise generated by such use
would not be a nuisance or detriment to adjacent properties. A fence
separating the kennel operation from adjacent properties shall be required.
Kennels within 400 feet of a residential district are not allowed. Kennels in
conjunction with an animal hospital with indoor confinement may be
established less than 400 feet from a residential district.
The area proposed for the kennel is within 400 feet of the residential district to the
east. The standards allow this since the use will be connected to an animal hospital.
Some important considerations will be if the kennel has outdoor runs or play areas and
if the building will be equipped with air exchangers and air conditioning to eliminate the
need for open windows. The noise potential from these operations is a critical issue.
Recommendation: The Planning Commission voted 8 yes and 0 no to recommend
approval of the conditional use subject to the additional condition as listed in the
ordinance.
City of Brookings
March 27, 2012
71
Ordinance No. 09-12
An ordinance pertaining to an application for a Conditional Use for a kennel in the
Business B-3 District.
Be it ordained by the governing body of the City of Brookings, South Dakota that said
Conditional Use shall be approved for a kennel on Lot 2, Block 5, Bidco Addition with the
following conditions:
1. The kennel use shall be allowed only in conjunction with an animal hospital.
All sections and ordinances in conflict herewith are hereby repealed.
First Reading: March 27, 2012
Second Reading: April 10, 2012
Published:
CITY OF BROOKINGS
__________________________
Tim Reed, Mayor
ATTEST:
___________________________
Shari Thornes, City Clerk
City of Brookings
March 27, 2012
74
Planning Commission
Brookings, South Dakota
March 12, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on Monday March 12, 2012, at 7:00 PM in the Council Chamber at City Hall. Members
present were Greg Fargen, Alan Gregg, Al Heuton, Donna DeKraai, John Sydow, Hal Bailey,
Mike Cameron, and Avery. John Gustafson was absent. Also present were Brian Gatzke, John
Mills, Al Rogers, Jason Stevenson, Todd Meierhenry, Community Development Director Mike
Struck, Planning and Zoning Administrator Dan Hanson and others.
Item #7 – Agricultures, Inc has submitted an application for a Conditional Use to establish a
Kennel on Lot 2, Block 5, Bidco Addition.
(Bailey/Fargen) Motion to approve the Conditional Use.
(Cameron/Heuton) Amendment to the motion to add “provided the kennel is used in
conjunction with an animal hospital.” All present voted aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #7 – Al Rogers, representing Agri-Cultures, Inc, stated that the Gentle Doctor
Veterinary Clinic was looking to build in a new location. He pointed out that the building‟s
design would shield the dog runs from adjacent property along 3 sides. The north side would
have a fence. Rogers added that grooming and boarding of animals was planned.
Jason Stevenson, from Gentle Doctor Veterinary Clinic, stated that the outdoor runs
were not attached to the kennels so only staff could bring an animal in and out of the facility.
Cameron asked how many kennels were planned. Rogers replied it would be close to the
rooms shown on the plan depending upon demand. Stevenson did not anticipate more than
what was shown. Heuton asked how many animals would be outside at any one time.
Stevenson answered likely one or maybe two depending on whether the animals got along.
Cameron felt the association with an animal hospital was an important element in approving the
request.
City of Brookings
March 27, 2012
75
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 title, 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. Hotel
4. Financial institution
5. Public transportation facility
6. Public utility facility
7. Parking facility or lot
8. Grocery supermarket
9. Drive-in food service
10. Gas dispensing station
11. Animal hospital
12. Car wash
13. Indoor or outdoor recreational facility
14. Temporary storage facility
15. Automobile sales
16. Office
17. Seasonal roadside stand
18. Drinking Establishment
19. Telecommunications Towers
(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 100 feet of
an arterial street.
5. Reverse vending machine
City of Brookings
March 27, 2012
76
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
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-premise pickup and drop-off area shall be provided
b. Outdoor displays shall not reduce the number of 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 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.
(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
(f) Density, Area, Yard and Height Regulations.
The B-3 district regulations shall be as follows:
City of Brookings
March 27, 2012
77
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
March 27, 2012
81
First Readings**
16. Ordinance No. 10-12, an Ordinance amending the zoning
ordinance of the City of Brookings and pertaining to a church as a
conditional use in the Business B-1 District for the purposes of
administration of the zoning ordinance.
Public Hearing: April 10th
**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.
Proposal: Allow a church as a conditional use in the downtown area
Specifics: This use is somewhat similar in nature to a community center
which is currently a conditional use in the B-1 District. I have proposed
some additional standards for a church. These are noted in red as follows:
Sec. 94-264. Church
This use shall be located on a collector or arterial street. The parking area
shall be designed to have a minimal impact on surrounding residential uses.
Due to the unique character of the Business B-1 District, the establishment
of the use in this district shall be subject to additional standards tha t
require a minimum of 15 on-premise parking spaces or a site location
boundary that is within 200 feet of a public parking lot.
Recommendation: The Planning Commission voted 8 yes and 0 no to
recommend approval of the zoning amendment.
City of Brookings
March 27, 2012
82
Ordinance No. 10-12
An ordinance amending the zoning ordinance of the City of Brookings and
pertaining to a church as a conditional use in the Business B-1 District for the
purposes of administration of the zoning ordinance
Be it ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94,
Zoning, shall be amended as follows:
Section 1. Section 94-131. BUSINESS B-1 CENTRAL DISTRICT
(e) Conditional Uses
8. Church
Section 2. ARTICLE V. CONDITIONAL USES
DIVISION 3. STANDARDS
Section 94-264. Church
This use shall be located on a collector or arterial street. The parking area shall
be designed to have a minimal impact on surrounding residential uses. Due to
the unique character of the Business B-1 District, the establishment of the use in
this district shall be subject to additional standards that require a minimum of 15
on-premise parking spaces or a site location boundary that is within 200 feet of a
public parking lot.
Section 2. Any or all ordinances in conflict herewith are hereby repealed.
First Reading: March 27, 2012
Second Reading: April 10, 2012
Published:
CITY OF BROOKINGS, SD
___________________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
City of Brookings
March 27, 2012
83
NOTICE OF HEARING
UPON A CHANGE IN ZONE REGULATIONS
NOTICE IS HEREBY GIVEN That the City of Brookings has submitted an
amendment to Chapter 94, Zoning, pertaining to a church as a conditional use in the
Business B-1 District.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Planning Commission at 7:00 PM on Monday, March 12, 2012, in the Council Chamber
in the lower level of City Hall, 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 2nd day of March 2012.
____________________________
Dan Hanson
Planning & Zoning Administrator
City of Brookings
March 27, 2012
84
Planning Commission
Brookings, South Dakota
March 12, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on Monday March 12, 2012, at 7:00 PM in the Council Chamber at City Hall. Members
present were Greg Fargen, Alan Gregg, Al Heuton, Donna DeKraai, John Sydow, Hal Bailey,
Mike Cameron, and Avery. John Gustafson was absent. Also present were Brian Gatzke, John
Mills, Al Rogers, Jason Stevenson, Todd Meierhenry, Community Development Director Mike
Struck, Planning and Zoning Administrator Dan Hanson and others.
Item #10 – The City of Brookings has submitted an amendment to Chapter 94, Zoning,
pertaining to a church as a Conditional Use in the Business B-1 District.
(Bailey/Fargen) Motion to approve the amendment. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item #10 – Hanson explained that a church use would be somewhat similar to a community
center use where people would congregate for an event. Because of this, the standards were
modified to require some on-premise parking or convenient access to nearby public parking.
This could prevent one use in the Central Business District from occupying an excessive
amount of on-street parking and thereby impacting adjacent businesses.
Bailey recommended eliminating the work “and” in the fourth line of the Sec 94-264.
The commission generally agreed with this modification.
City of Brookings
March 27, 2012
85
Sec. 94-131. BUSINESS B-1 CENTRAL DISTRICT
(a) Intent. This district is intended to provide a strong supportive retail center. It is the intent
of this district to place a high priority on retail trade, office, personal service, institutional and
entertainment center uses. Integrating new uses with existing businesses is encouraged. No
outdoor storage shall be permitted.
(b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in
this ordinance, when referred to in this section, are the district regulations of the Business B-1
Central District.
(c) Permitted Uses.
1. Retail or service store
2. Personal service store
3. Personal health service
4. Hotel
5. Financial institution
6. Office
7. Public transportation facility
8. Public utility facility
9. Parking facility or lot
10. Drinking Establishment
11. Telecommunications tower
12. Extended Stay Hotel
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with the conditions prescribed herein:
1. Storage and warehousing
a. All operations, equipment and materials shall be stored within a completely enclosed
structure.
2. Day care facility
a. A four-foot (4') high transparent fence shall be constructed between the play area and
the street.
3. Apartment
a. Dwelling units shall be located on the second floor or above.
(e) Conditional Uses.
1. Repair garage
2. Assembling and packaging
3. Apartments for the elderly
4. Broadcast Tower
5. Community Center
6. Drive-in Food Service
7. Brewpub
8. Church
City of Brookings
March 27, 2012
86
(f) Density, Area, Yard and Height Regulations.
The B-1 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'* 50'
*A thirty foot (30') 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-1 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-1 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-1 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-1 District shall be in conformance with the
regulations set forth in article II of this chapter
City of Brookings
March 27, 2012
87
Second Readings / Public Hearings
17. Public hearing and action on Resolution No. 43-12, a Resolution
Amending the City of Brookings Vision 2020 Comprehensive Plan
Future Land Use Plan (South Campus Neighborhood District
plan).
Proposal: Revise the Future Land Use Plan to add new goals and objectives
relating to urban design guidelines for specific neighborhood areas
Background: A thorough analysis of an existing neighborhood, commonly
referred to as the South Campus Neighborhood, was undertaken in 2011.
The data collected is part of a district plan created to address future
redevelopment of specific areas within the neighborhood.
Specifics: The South Campus Neighborhood District Plan is composed of
several components. These components shape the action plan for the
district. The action plan is similar to a Design Review District since it
focuses on the appearance of new construction, site planning, landscaping,
streetscapes, signage, and other aesthetic issues. Ideally, the action plan and
a developer‟s proposal will result in a collaborative process for
redevelopment in the neighborhood that will meet the urban design policies
and goals of the City.
Recommendation: The Planning Commission voted 7 yes and 0 no to
recommend approval of the amendments to the Comprehensive Plan.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
March 27, 2012
88
Resolution No. 43-12
A Resolution amending the City of Brookings Vision 2020 Comprehensive Plan
Future Land Use Plan (South Campus Neighborhood District Plan).
Whereas, the City Council of the City of Brookings, SD in accordance with SDCL 11-6-18
adopted the Vision 2020 Comprehensive Plan for the City of Brookings, SD; and
Whereas, the City Council determined that the Future Land Use Plan of said Comprehensive
Plan should be amended and supersede the previously adopted Future Land Use Plan of the
Comprehensive Plan adopted February 11, 2002; and
Whereas, the City Planning Commission of the City of Brookings, SD has recommended
approval of the Vision 2020 Comprehensive Plan in accordance with SDCL 11-6-17;
Now, Therefore, Be It Resolved by the City of Brookings, SD that the Future Land Use Plan of
the Vision 2020 Comprehensive Plan, as amended, is hereby adopted for the City of Brookings,
with said plan to supersede the previous Future Land Use Plan. The Vision 2020
Comprehensive Plan shall be on file in the office of the City Clerk and is available for public
inspection by any interested person.
Passed this 27th day of March, 2012.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
City of Brookings
March 27, 2012
89
NOTICE OF HEARING
UPON AN AMENDMENT TO THE
VISION 2020 COMPREHENSIVE PLAN
FOR THE CITY OF BROOKINGS
NOTICE IS HEREBY GIVEN That the City Council will hold a public hearing on
an amendment to the Vision 2020 Comprehensive Plan the City of Brookings pertaining
to district plans within the Future Land Use Plan including the South Campus
Neighborhood District Plan.
NOTICE IS FURTHER GIVEN That said public hearing will be at 6:00 PM on
Tuesday, March 27, 2012, in the Council Chamber located in the lower level of City
Hall at 311 3rd Avenue, Brookings, South Dakota.
Any person interested may appear and be heard in this matter.
Dated this 16th day of March, 2012.
________________________________
Secretary, City Planning Commission
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
City of Brookings
March 27, 2012
90
SDSU - SOUTH CAMPUS NEIGHBORHOOD DISTRICT PLAN
Plan Context
The SDSU-South Campus Neighborhood (SCN) District Plan supplements the Vision 2020
Comprehensive Plan. The District Plan provides more specific guidance for the location and
design of private development. It is intended to promote patterns of future land use, urban
design, traffic circulation and urban services that contribute to the economic, social, and
physical health, safety and welfare of the people who live and work in the District. The District
Plan addresses obstacles and opportunities at a level that is unique to the conditions and needs
of this neighborhood.
The District Plan has been divided into two distinct sub-areas:
6th St. /SCN Commercial Corridor consists of those properties that are
adjacent to 6th Street between Medary Avenue and 14th Avenue. The District
Plan proposes the establishment of a future commercial corridor with enhanced
landscape requirements and limited access for future neighborhood commercial
uses between 6th St. and 7th St.
SDSU Campus Edge Neighborhood consists of those properties that are
adjacent to the south edge of the campus between Medary Avenue and 14th
Avenue and north of 7th St. The District Plan proposes the establishment of
specific architectural guidelines for future high density residential uses in this
area.
Plan Components
The District Plan is comprised of the following:
Plan Background, which provides a chronological sequence of meetings and
actions that have led to the development of the District Plan
Neighborhood Background, which briefly describes the past history of the
study area
Plan Area Details, which provides an overview of the obstacles and
opportunities within the study area and then identifies the primary issues
Plan Purpose, which details the results that are anticipated and briefly
describes the scope and limits of the District Plan
Goals and Objectives, which are intended to provide a general understanding
of the vision for the future redevelopment of the SCN.
Action Plan, which sets guidelines and standards for achieving the goals and
objectives and makes recommendations on the future redevelopment of the two
sub areas within the District Plan
Plan Background
In December 2010, the Planning Commission initiated a review of the SCN. Maps showing the
current zoning, existing land use, types of housing stock and rental properties along with
detailed neighborhood property data were studied by the commission. The commission
examined the transfer and development of commercial property throughout the community
and discussed the pros and cons of expanding commercial and high density residential uses in
the SCN in January 2011. As a result, a Task Force made up of commissioners was created in
City of Brookings
March 27, 2012
91
February 2011. The Task Force created a questionnaire that was distributed to property
owners and tenants who lived and/or rented property in the neighborhood. Eleven questions
were designed to allow respondents to reply based on a range of options for each question
such as from positive to negative, major to minor, and support or oppose. A synopsis of each
question is as follows:
1. Impact of SDSU parking lot on neighborhood properties
2. Impact of 6th Street on neighborhood property values
3. Impact of on-street commuter parking on residences
4. Support for a fee-based parking permit program in neighborhood
5. Extent of rezoning that would be acceptable for light commercial uses
6. Impact of current neighborhood businesses on residences
7. Extent of high density residential development that would be acceptable
8. Attitude change if Q5 and Q7 required extensive landscape regulations
9. Attitude toward further expansion by SDSU into neighborhood
10. Attitude toward level of property maintenance in neighborhood
11. Extent of support for one-way streets in neighborhood
The owner-occupied response rate was 78 % while the non-owner (tenant) response rate was
25%. Data that was of particular note revealed that 64% of property owners felt on-street
parking had a major impact on their property but 54% opposed any type of parking permit
program. 56% of property owners would accept some level of commercial expansion but only
42% would accept an increase in high density residential development. One out of three
property owners supported further expansion of SDSU into the neighborhood and 71%
showed some support for one-way streets. Tenant responses were generally more neutral
than property owner responses but 79% felt that on-street parking had minimal impact on their
property. Nine out of ten respondents would accept some level of commercial expansion into
the neighborhood and 79% would support additional high-density residential development. 65%
showed some support for one-way streets.
In May 2011, the commission reviewed business and industrial growth patterns in the
community between the period from 2000 to 2010 and were introduced to an urban activity
center concept. This concept focused on a redevelopment scenario along both sides of 14th
Avenue from 6th St. to 7th St. The urban activity center introduced several design elements such
as wide sidewalk and landscape zones next to the public right-of-way, buildings with zero foot
(0‟) setbacks, mixed-use buildings, rear parking only with mid-block pedestrian access and rear
landscape buffers.
Amendments to the Future Land Use Map for two separate areas within the SCN were
submitted to the Planning Commission and City Council in July but were not approved. SDSU
President, David Chicoine, attended a special meeting of the commission in mid July and
detailed the future growth plans for the university. He noted that the acquisition of additional
properties in the SCN would likely be limited to those that fronted on and were south of 8th
Street. The future use of these properties would be to act as a landscape buffer between the
campus and the neighborhood and no building development on the lots was anticipated.
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The commission participated in a walking tour of the neighborhood in September 2011. The
commission walked the entire length of the neighborhood along 7th Street to judge firsthand
how the various land uses, population density, parking, property maintenance and traffic
impacted the character of the neighborhood. Finally, in December 2011, the commission
agreed to form a subcommittee to propose amendments to the Comprehensive Plan focusing
on future redevelopment guidelines.
Neighborhood Background
The SCN was originally developed with single-family residences except for two older apartment
buildings near 7th St. and Medary Avenue, one at 6th St. and 11th Ave., and businesses at the
intersection of 6th St. and Medary Avenue (old U.S. Highway 77). The post WWII era brought
changes to the neighborhood in regards to population density as basements, second floors and
garages were converted to dwelling units to accommodate returning servicemen and
supplement incomes. Zoning regulations in force prior to October 1966 made it possible to
create a dwelling unit for every 1,000 square feet of lot area or a gross density of 44 units per
acre throughout the neighborhood. The zoning regulations created by the 1966
Comprehensive Plan reduced the gross density of the R-2 and R-3 Residential Districts to 18
and 24 units per acre, respectively. The official zoning map of 1966 established the R-3/R-2
district boundary along 7th St. that allowed high density (R-3) residential uses to the north and
medium density (R-2) residential uses to the south. Over the next 30 years, houses were razed
and apartment buildings were constructed in a random fashion in the north half, or Residence
R-3 District portion of the SCN. The last apartment building was erected in 1993. During the
same time period several other dwelling units were converted into rental housing.
SDSU created the Millennium Master Plan in 2000 and another master plan in 2008. Maps
associated with these plans showed the only existing and proposed land holdings south of 8th St.
in the vicinity of the SCN to be the State Court and State Village married student housing
complexes. Between 2007 and 2010, the state, university and associated entities began
purchasing land south of 8th St. In 2009, an entire block, except for one property, was acquired
by the State of South Dakota and a surface parking lot was installed. Thirteen buildings,
containing a combined 28 dwelling units, were removed as a result of this project.
Neighborhood Study
The SCN study area consists of 8 full blocks and two half blocks containing 28.75 acres. The
area has a perimeter boundary of 6th St., Medary Avenue, 8th St., and the alley easy of 14th
Avenue. Sixth St. and Medary Ave. are classified as arterial streets while 8 th St. is a collector.
The remaining streets are local residential. The internal neighborhood design is a traditional
grid style street system with 80‟ wide rights-of-ways and 20‟ wide alleys that access most lots.
The area has three zoning districts. The Residence R-3 District that is primarily north of 7th St.,
the Residence R-2 District that is primarily south of 7th St. and the Business B-2 District that is
at the corner of 6th St. and Medary Ave. and 6th St. and 14th Ave. Housing within the SCN
consists of 89 older houses, 12 apartment buildings and 7 buildings used by Greek
organizations. The old housing stock consists mainly of single-family homes with a few two-
family homes and homes converted into apartments. Five of the Greek houses are converted
old housing stock. Thirty houses are owner occupied and 59 houses are rental properties.
Twenty-one, or 70%, of the owner occupied houses are located within a two block area from
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11th Ave to 13th Ave and from 6th St. to 7th St. Only four owner occupied homes exist north of
7th St. in the SCN.
The quality of the older housing stock was also judged from a property maintenance level
standpoint. Twenty percent of the properties were considered substandard while 52% had
standard maintenance with minor improvements. The remaining 27 homes were considered in
good to very good condition with 75% of them located south of 7th St.
Non-residential uses include 3 religious institutions, 4 commercial buildings, 1 elevated water
reservoir and 1 SDSU parking lot. All the commercial buildings front on 6th St. or Medary
Avenue
Plan Area Details
The commission has become familiar with several longstanding issues and some recent
developments within the SCN as a result of staff research, the neighborhood questionnaire, and
personal knowledge. Some issues are customary for campus neighborhoods while some are
unique. The issues that were identified are as follows:
University expansion and property acquisition south of 8th St. has and will continue to
impact the neighborhood
On-street commuter parking is viewed as having a negative influence on property values
but a residential parking permit program is not supported by residents
Owner occupied housing continues to be converted into rental property
A majority of property owners are not adverse to some level of commercial expansion
or development
A majority of property owners do not support an increase in residential density such as
apartments
The expansion of student housing in the southeast corner of campus and adjacent to the
SCN may attract private commercial services to locate nearby
Fraternities and sororities within the SCN are relocating or may relocate in the future
to “Greek Row” along 20th Avenue
Sixth Street is not seen as a detriment to property values by the vast majority of
residents who live nearby
Except for the northwest corner of the SCN, population density is similar to other
near- campus neighborhoods
Conflicts between renters and owners is low
Many resident owners feel rental property is not maintained to an acceptable level
Plan Purpose
The purpose of the district plan is:
To establish long-range goals and objectives for the redevelopment of the SCN into a
high-quality, aesthetically pleasing residential, mixed-use, and commercial area with a
unique character
To create an urban design framework that sets guidelines for the redevelopment of
private property and compliments future streetscape standards
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To provide guidance on improving safety for pedestrians and bicyclists and enhancing
traffic circulation, parking and right-of-way access
To evaluate the opportunities and obstacles in redeveloping the 6th St./SCN
Commercial Corridor
To evaluate the opportunities and obstacles in redeveloping the SDSU Campus Edge
Neighborhood
Goals and Objectives
Goal – Design an attractive campus/community neighborhood
Objectives
Encourage a mix of land uses such as offices, housing, and limited scale commercial
retail shops and services
Provide different housing types to allow affordability options and promote a diverse
resident population
Create a walkable neighborhood with wide sidewalks, enhanced streetscapes, and
well-lit parking areas
Provide external and internal pedestrian access points
Establish minimum development standards to discourage single-lot or piecemeal
development
Goal – Create a distinct identity through the built environment
Objectives
Encourage building design characteristics and architectural details that are
compatible with the existing neighborhood
Reserve outdoor areas for public gatherings and activities
Promote gateway designs that foster a sense of place
Goal – Enhance the 6th Street Corridor
Objectives
Require generous landscaping along Highway 14 right-of-way
Allow parking lot access only from local residential streets
Allow parking lots only on interior block areas
Action Plan
The Planning Commission, through extensive review and analysis, has determined that the
following urban design guidelines should accompany future redevelopment plans within the
SCN:
The SDSU Campus Edge Neighborhood sub-area of the SCN has two blocks that have been
identified for future design review. These blocks have a combination of low and high density
residential uses within a Residence R-3 District.
Blocks 2 and 5, Randi Peterson‟s Addition – Redevelopment projects that incorporate
high density uses shall be required to use exterior wall coverings and materials that
harmonize with the adjacent apartments and institutional buildings. Landscaping, tree
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plantings, walkways, lighting, and parking areas shall be designed to maximize aesthetics
and enhance the built environment.
The Sixth Street/SCN Commercial Corridor sub-area of the SCN is a highly visible area for
local residents and commuters. Existing commercial businesses were created with minimal
urban design guidelines and some residential areas have been impacted by changes in residential
occupancy, deterioration of old housing stock, and the widening of US Highway 14. The
commission‟s recommendations would guide the creation of design review elements for any
proposed redevelopment. These elements would encourage a high degree of design excellence
that would foster compatibility with adjacent uses.
Block 3, Saunders Addition (excl. lots 6-8) and Block 2, Sanderson‟s Addition – The bulk
of this land is in the Residence R-2 District. A first step in approving any initial
redevelopment plan would involve a land use classification change to a district where the
SCN District Plan goals and objectives can be implemented. In conjunction with this
change, development standards for the district would be formulated in regards to the
following:
1. Single or mixed uses would be identified
2. Commercial redevelopment projects shall be of a sufficient scale to occupy, at a
minimum, a one-half block area. Piecemeal redevelopment shall be avoided
3. A building‟s height shall be consistent with established structures in the
neighborhood
4. Exterior building facades shall harmonize with the neighborhood
5. Streetscapes shall be pedestrian oriented with limited on-street parking, wide
sidewalks, pedestrian amenities, landscape zones, and enhanced lighting.
6. Landscaping or fencing shall screen parking lots, mechanical appurtenances,
garbage receptacles, and other similar structures
7. Primary right-of-way access would be confined to local streets
8. Parking lots would be located on internal block areas and designed with
perimeter screening
9. Yards abutting US Highway 14 would have a high degree of landscaping and open
space in order to enhance the view along the corridor.
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Planning Commission
Brookings, South Dakota
February 7, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on February 7, 2012, at 7:00 PM in the Council Chamber at City Hall. Members
present were Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, Al Heuton, John Sydow,
and Avery. Alan Gregg and John Gustafson were absent. Also present were Kate and Greg
Heiberger, Mary Bibby, Carol Klug, Cindy Swinson, City Engineer Jackie Lanning, Community
Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson and
others.
Item #8 – The City Planning Commission received an amendment to the Vision 2020
Comprehensive Plan pertaining to district plans within the Future Land Use Plan.
(DeKraai/Heuton) Motion to approve the SDSU South Campus Neighborhood District
Plan for inclusion into the Vision 2020 Comprehensive Plan. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item #8 – The South Campus Neighborhood District Plan established two (2) sub-areas that
were separated by 7th Street. The action plan focused on two (2) blocks north of 7th Street and
1½ blocks south of 7th Street. The development guidelines in the plan represented the various
proposals put forth by the Planning Commission over the last year. There were nine elements
identified that would have to be addressed in a redevelopment plan for the 6th Street/South
Campus Neighborhood commercial corridor. Heuton asked if item #3 would allow two-story
structures. Hanson replied yes.
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Second Readings / Public Hearings
18. Public hearing and action on Resolution No. 49-12, a Resolution
approving an application for financial assistance, authorizing the
execution and submittal of the application, and designating an
authorized representative to certify and sign payment requests.
Enclosed Resolution No. 49-12 would allow for the Brookings Municipal Utilities and
City of Brookings to participate in the State Revolving Loan Fund Program and become
eligible to receive financial assistance necessary to complete the Wastewater Treatment
Plant Renovation Project.
Representatives from Brookings Municipal Utilities will be present to address the
council and respond to questions.
Enclosure Summary:
o Correspondence – Steve Meyer, BMU Exec Vice-President/General Manager
o Resolution No. 49-12
o Sanitary/Storm Sewer Facilities Funding Application
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
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Resolution No. 49-12
Resolution Approving an Application for Financial Assistance, Authorizing the
Execution and Submittal of the Application, and Designating an authorized
Representative to Certify and Sign Payment Requests.
Whereas, the City of Brookings, South Dakota (the “City”), operating through the Brookings
Municipal Utilities (BMU), currently operates a municipal wastewater utility (the “Utility”) and
has determined it is necessary to proceed with improvements to the Utility, including but not
limited to the Sanitation Wastewater Plant Renovation Project, consisting of upgrades to the
Utility‟s wastewater treatment plant and collection system and related improvements, as
outlined in the City‟s Facilities Plan, dated June, 2011, as amended March, 2012 (the “Project”);
and
Whereas, BMU has advised the City that financial assistance will be necessary to undertake the
Project and an application for financial assistance to the South Dakota Board of Water and
Natural Resources (the “Board”) has been prepared; and
Whereas, the City in cooperation with BMU has reviewed the Application to be submitted to
the Board, true copies of which are attached hereto, and finds it proper in all respects; and
Whereas, it is necessary to designate an authorized representative to execute and submit the
Application on behalf of the City and to certify and sign payment requests in the event financial
assistance is awarded for the Project,
Now, Therefore, Be It Resolved by the City as follows:
1. The City hereby approves an Application for financial assistance to the South Dakota
Board of Water and Natural Resources for the Project as set forth with particularity in
the Application attached hereto, which Application is hereby approved.
2. The Executive Vice President/General Manager of BMU is hereby authorized to execute
the Application and submit it to the South Dakota Board of Water and Natural
Resources, and to execute and deliver such other documents and perform all acts
necessary to effectuate the Application and the financial assistance requested therein in
accordance with all terms herein set forth. The Mayor, the City Manager, the City Clerk
and the City Attorney are hereby authorized to execute required loan and other
documents, along with the President and Executive Vice President/General Manager of
BMU.
3. The Executive Vice President/General Manager of BMU is hereby designated as the
authorized representative of the City to do all things on its behalf to certify and sign
payment requests in the event financial assistance is awarded for the Project.
4. This resolution is effective immediately upon passage.
This resolution is effective immediately upon passage.
Passed and Approved this 27th day of March, 2012.
CITY OF BROOKINGS, SD
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
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122
Second Readings / Public Hearings
19. Public hearing and action on Resolution No. 50-12, a Resolution
authorizing the City Manager to sign an On/Off Sale Wine
Operating Agreement for Cenex Zip Trip #64, 3045 LeFevre Dr.,
Brookings, South Dakota, legal description: Lot 6, N. 225’ of E.
30’ Lot 7, LeFevre Addition.
Cenex Zip Trip #64 has applied for a Wine Operating Agreement for their
business located at 3045 LeFevre Drive. An operating agreement is
required for wine licenses. Resolution No. 50-12 allows the City Manager
to enter into the first five years of the 10-year agreement effective through
2017. This license would be effective January 1st and subject to annual
renewal in December. If approved, the application would be forwarded to
the State Department of Revenue for final action and issuance of the
license. Staff recommends approval.
Listed below is specific information related to a wine license request and other
procedures that are following with an application. Note that restaurant requirements
for wine have been eliminated in state law.
City Ordinances:
Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances
pertaining to Application Review Procedure. The City Council shall review all
applications submitted to the City for available On-Sale Alcoholic Beverage Agreements
and for On-Sale Malt Beverage and Wine Licenses in accordance with SDCL 35-2 and in
accordance with the following factors:
a) Type of business which applicant proposes to operate: On-Sale Alcoholic
Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses
may not be issued to convenience grocery stores, gas stations, or other stores
where groceries or gasoline are sold unless it can be established that minors do
not regularly frequent the establishment.
b) The manner in which the business is operated: On-Sale Alcoholic Beverage
Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not
be issued to establishments which are operated in a manner which results in
minors regularly frequenting the establishment.
c) The extent to which minors are employed in such a place of business: On-Sale
Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine
Licenses may not be issued to convenience grocery stores, gas stations, or other
stores where groceries or gasoline are sold and which regularly employ minors.
d) The adequacy of the police facilities to properly police the proposed location:
The City Council shall inquire of the Police Chief whether the Police
Department can adequately police the proposed location.
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e) Other factors: The hours that business is conducted shall be considered by the
City Council in its review of applications for on-sale alcoholic beverage operating
agreements and on-sale malt beverage and wine licenses.
Resolution No. 50-12
Cenex Zip Trip #64
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 Cenex Zip Trip #64, 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 3045 LeFevre
Drive.
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 and renewal for another five (5)
years.
Passed and approved this 27th day of March, 2012.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Manager Introduction
Action: Open and Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
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Second Readings / Public Hearings
20. Public hearing and action on Resolution No. 51-12, a Resolution of
Intent of the City of Brookings to lease to Bel Brands, USA the
following described property in the Research and Technology
Center: 811 32nd Avenue, Brookings, S.D.
The City is proposing to lease space in the Research and Technology Center located at
811 32nd Avenue to Bel Brands, USA. The City previously approved a Developer‟s
Agreement in which the City would provide office space, at no cost to the company, in
the City Research & Technology Center. The office space is to be provided during
construction of Phase I of the Bel Brands, USA cheese facility. As part of the
agreement, the company is responsible for telephone and telecommunications services
with the City responsible for all other utility services. Bel Brands, USA representative
has identified the office space within the Research & Technology Center which meets
their office needs.
The following provides statutory guidance on leasing municipal property to private
individuals:
9-12-5.1. Powers - Lease of property - Term and conditions. Every municipality
may lease its municipally-owned property. Any such lease shall be for a term and upon
the conditions provided by resolution of the governing body.
9-12-5.2. Powers - Lease to private person - Resolution - Notice -Hearing -
Authorization. If the governing body decides to lease any municipally owned property
to any private person for a term exceeding one hundred twenty days and for an amount
exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter
into such lease and fix a time and place for public hearing on the adoption of the
resolution. Notice of the hearing shall be published in the official newspaper once, at
least ten days prior to the hearing. Following the hearing the governing body may
proceed to authorize the lease upon the terms and conditions it determines.
Enclosed is a copy of the proposed lease agreement with the terms and conditions
customarily provided to start-up businesses and research activities located at the
Research and Technology Center, and includes the provisions agreed to in the
Developer‟s Agreement. The Notice of Public Hearing was advertised one time 10 days
prior to the hearing. This resolution will allow the City to enter into a lease agreement
with Bel Brands, USA for the City-owned Research and Technology Center.
Staff Recommendation: Approve
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
March 27, 2012
125
Resolution No. 51-12
Resolution of Intent to Lease Real Property to Bel Brands, USA
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 Bel Brands, USA, for a period of one
year and automatically renewable on a month to month basis thereafter and pertaining to the
following described property:
Research & Technology Center – 811 32nd Avenue
Be It Further Noted, that a Public Hearing on this Resolution was held on March 27, 2012 at
6:00 o‟clock P.M. at the City Council Chambers and that all persons were given an opportunity
to be heard on the intent to lease real property.
Passed and approved this the 27th day of March, 2012.
CITY OF BROOKINGS, SD
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
March 27, 2012
126
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into by and between the City of Brookings,
South Dakota, a municipal corporation, Lessor, hereinafter referred to as "City", and Bel Brands,
USA, hereinafter referred to as "Tenant".
WHEREAS, City owns the Brookings Area Research and Technology Center, located at 811 –
32nd Avenue, in Brookings, South Dakota, and desires to lease a portion of said facilities to
Tenant, and
WHEREAS, the above-named Tenant has expressed a desire to lease a portion of said facilities
hereinafter described in accordance with the terms and conditions set forth herein, now
therefore,
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS AND
PROMISES, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
1. Lease Agreement
The City does hereby lease unto Tenant and Tenant does hereby agree to lease and take from
City, that space located in the Brookings Area Research and Technology Center, which is
located at 811 – 32nd Avenue, Brookings, South Dakota, marked as Unit 3 on the attached
Exhibit “A”, and containing approximately 1,387 square feet, hereinafter referred to as “Unit 3”.
2. Term/Option to Renew
Tenant shall hold the above leased Unit 3 commencing March 28, 2012, and continuing until
Phase I construction of the Tenant‟s permanent facility is complete.
3. Use of Premises
The above leased premises shall be used by Tenant in connection with its office operations
pertaining to that business for the following purpose and no others without the prior written
consent of City:
General office operations related to the management of a cheese manufacturing facility.
Tenant shall not use any portion of the premises for purposes other than those specified herein
without the prior written consent of the City and no use shall be made or permitted to be
made upon the premises nor acts done which will increase the existing rate of insurance upon
the property or cause cancellation of insurance policies covering said property. Tenant shall not
conduct or permit any sale by auction on the premises.
4. Rent
The City will provide, at no cost to the Tenant, office space at the City Research and
Technology Center.
5. Utilities
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City shall be responsible for paying all water, sewer, electric and gas utilities utilized is such
office space, with the Tenant responsible for telephone and telecommunications services.
6. Tenant Covenants
The Tenant makes the following covenants:
1. To keep the interior of Unit 3 and all fixtures therein in good condition and repair.
2. Not to make any structural alterations or additions to Unit 3 without the written consent of
the City.
3. Not to assign this Lease, nor sublet Unit 3, nor to permit any other person to occupy Unit 3,
except for employees of the Tenant.
4. To remove, at the termination of this Lease, all goods and effects, and to leave Unit 3 in good
repair and order, reasonable wear and tear excepted.
5. To use Unit 3 for the purpose of the Tenant's business only, and to comply in all respects to
the schedule of Tenant's Rules of Occupation, hereinafter called "Rules", annexed to this Lease
as Exhibit "B", or such amended rules that may be issued by the City or the City's agents.
6. To purchase and maintain such insurance as Tenant deems appropriate to protect Tenant
from loss of Tenant's property due to fire and/or casualty; and to purchase and maintain a
commercial general liability premises policy in the minimum amount of $1,000,000.00 per
occurrence and $2,000,000.00 aggregate, and Tenant shall provide City with a Certificate of
Insurance showing City as an additional insured. The Certificate shall provide for a ten (10) day
written notice to City in the event of cancellation or material change of coverage. Tenant shall
furthermore hold the City harmless and indemnify it from any injury, loss or damage that may
occur to the property of employees of Tenant or other third parties visiting the Tenant or
other Tenants in the facility.
To the maximum extent permitted by insurance policies which may be owned by City or
Tenant, Tenant and City, for the benefit of each other, waive any and all rights of subrogation
which might otherwise exist.
7. To comply with all Federal, state, or local laws which may affect the Tenant's use of Unit 3.
8. Not to affix signs or advertising displays of any kind, either to the exterior or interior walls
of Unit 3, or to any of its doors or windows, without the prior written consent of City.
9. Tenant shall not vacate or abandon the premises at any time during the term hereof, and if
Tenant shall abandon or vacate the premises, or be dispossessed by process of law, or
otherwise, any personal property belonging to Tenant left upon the premises shall be deemed
to be abandoned at the option of the City.
10. City shall not be liable for any damage or injury to Tenant, or any other person, or to any
property, occurring on the demised premises or any part thereof, and Tenant agrees to hold
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March 27, 2012
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City harmless from any claims for damages unless such damage or injury results from the
negligence of the City.
7. Lessor’s Covenants
The City makes the following covenants:
1. The City covenants that it has the right to grant this Lease as Owner of the building.
2. To keep the exterior of the premises in good repair and condition, and to clean and maintain
the areas of the Brookings Area Research and Technology Center which are used in common
by all Tenants. The City shall be responsible for the exterior and interior structural
maintenance of the building and maintaining the common areas. The City shall be responsible
for pest control around the exterior of the Center and in the common areas. The City shall
also be responsible for maintenance of the heating and cooling system.
3. To insure and keep insured at all times the buildings, structures and fixtures owned by the
City against fire, windstorm and similar occurrences.
4. To permit the Tenant to occupy Unit 3 during the term of this Lease quietly and peaceably,
provided the Tenant performs the covenants of this Lease.
5. To provide and update a directory of Tenants in the reception area and to provide
identification signs within the building to enable visitors to locate Tenant.
6. To provide suitable means of disposing of a reasonable amount of non-hazardous waste
materials resulting from use of the leased premises by Tenant.
8. Mutual Covenants
1. It is mutually agreed that the principal objective of the Brookings Area Research and
Technology Center is to encourage the formation of successful new businesses and to create
new job opportunities, and this Lease and any other agreement between the City and the
Tenant must be construed in the context of this objective.
2. Both parties agree that if Unit 3 shall be substantially destroyed by windstorm, fire or other
happening, then either party may elect to terminate this Lease by giving written notice of
termination to the other party.
3. If Tenant receives the City's written permission to alter or add to the structure, such
alterations or additions will be undertaken at the expense of the Tenant. When written
permission has been given by the City, on the termination of this Lease by mutual consent
and provided the Tenant has well and faithfully complied with the covenants of this Lease, the
City will undertake to reimburse the Tenant with a proportionate part of the agreed costs of
any alterations or additions which materially improve the building, provided the Tenant agrees
to continue to operate its business in the City of Brookings. The details of any agreement of
this kind will be contained in the letter of consent granted by the City.
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4. If Tenant fails to perform any of the covenants contained in this Lease, or if the Tenant
shall be declared bankrupt or insolvent, or if a receiver of the property of the Tenant is
appointed, or if an assignment shall be made of a Tenant's property for the benefit of
creditors, or if Tenant is otherwise in default under this Lease, then the City shall give written
notice of default to Tenant. The Tenant shall have thirty (30) days to cure said default. In the
event the Tenant fails to cure said default within the thirty (30) day period, the City may
immediately enter into Unit 3, without further notice, and repossess Unit 3, expel the Tenant
and those claiming through or under the Tenant, and remove their effects. The Tenant hereby
expressly waives the service of any notice of intention to re-enter, and Tenant covenants
that, in the case of such termination, the Tenant will indemnify the City against any loss of
rent and other claims that the City may incur by reason of termination of this Lease and re-
entry, including reasonable attorney's fees.
9. Miscellaneous
1. Any notice from the City to Tenant or from Tenant to City shall be deemed duly served if
mailed by certified mail to the last known address of the Tenant, or to the address of the City
or to the address of the Agents acting for City, and the customary certified mail receipt shall
be conclusive evidence of such service.
2. This Lease shall be subject to and construed under the laws of the State of South Dakota.
IN WITNESS WHEREOF, the parties have hereto placed their signatures on the day and date
set forth below.
Dated this day of March, 2012.
CITY OF BROOKINGS, SOUTH DAKOTA, LESSOR
By:______________________________________
Jeff Weldon, City Manager
City of Brookings
P.O. Box 270
Brookings, South Dakota 57006
Telephone No.: (605) 692-6281
ATTEST:
__________________________________
Shari Thornes, City Clerk
Dated this ___ day of _________________, 2012.
, Tenant
By:_______________________________________
Its:_______________________________________
Bel Brands, USA
811 32nd Avenue
Brookings, South Dakota 57006
City of Brookings
March 27, 2012
131
Exhibit "B”
TENANT RULES OF OCCUPATION
1. These are the Rules of Occupation referred to in Section 6.5 of the Tenant Covenants
contained in the Lease between the City and Tenant.
2. Tenants will be required to:
a. Ensure that all access doors into the building are properly closed after exit or entry.
Fire exit doors are for emergency use only and must not be used for entry or exit or
for loading or unloading freight. This requirement is imposed to protect the security
and integrity of the whole building and its occupants.
b. Dispose of all waste materials in the receptacles provided by the City, and not to
leave any garbage or waste materials in any part of the premises or on the parking lot.
No oil, grease, paint, or other deleterious matter can be deposited in any drain inside
or outside the building.
c. Ensure that no gasoline or any other particularly inflammable explosive or
combustible material is stored within Unit 3 occupied by Tenant or on any part of the
Brookings Area Research and Technology Center in violation of the City of Brookings
Fire Code, with the exception only of fuel contained in the fue l tanks of Tenant‟s
vehicles.
d. Take care to connect all plant and machinery to electrical services in an approved
manner and not to overload any electrical circuits.
e. Avoid obstructing the corridors or passageways within the Brookings Area
Research and Technology Center and to use only approved means of transporting
freight, goods or supplies through such corridors or passageways.
f. Permit the City scheduled access at all reasonable times to enter and inspect Unit 3
leased to the Tenant, and to allow contractors employed by the City to enter and
carry out repairs or alterations to any part of Unit 3 or its fixtures, subject to
reasonable notice and an opportunity to be present during said repairs or alterations.
g. Do nothing which would cause the insurance procured by the City to become void
or invalidated.
h. To ensure that all employees of the Tenant that access Unit 3 are aware of these
Rules and to make it a condition of employment that employees obey these Rules or
any variation of them which are made from time to time.
City of Brookings
March 27, 2012
132
Second Readings / Public Hearings
21. Ordinance No. 04-12, an Ordinance amending the Zoning
Ordinance of the City of Brookings and pertaining to a
community center as a conditional use in the Business B-2A
District.
Proposal: Add a community center as a conditional use in the B-2A District
Background: The B-2A District was designed primarily for office uses. The intent of the
district is worded as follows:
This district is intended to provide for a mixture of office and other compatible and
complimentary uses. This district is intended to be located in close proximity to
commercial uses or used as a transitional zone between commercial and residential uses.
An emphasis shall be placed on landscaping and site arrangement.
Specifics: A community center is defined as “a building used for social, recreational or
other activities by a group of people with common interests but not primarily for profit
nor to render a service which is customarily carried on as a business.” It could function
similar to a funeral home where groups of people attend an event for a limited time and
where events are not scheduled on a routine basis. The primary difference would, or
course, be the nature of the event. The conditional use standards for a community
center were somewhat tailored to the Brookings Activity Center. These are as follows:
Sec. 94-264.5. Community Center: Such uses shall be located in close proximity
to a public parking lot in order to supplement the parking needs of the use. All
accessory activities associated with the use and the location of such activities shall
be shown on a building and site layout.
Recommendation: The Planning Commission voted 7 yes and 0 no to recommend
approval of the zoning amendment
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
March 27, 2012
133
Ordinance No. 04-12
An Ordinance amending the Zoning Ordinance of the City of Brookings and
pertaining to a community center as a conditional use in the Business B-2A District
for the purposes of administration of the Zoning Ordinance
Be it ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94,
Zoning, shall be amended as follows:
Section 1. Article IV. District Regulations
Section 94-133. Business B-2A Office District
(e) Conditional Uses
4. Community Center
Section 2. Any or all ordinances in conflict herewith are hereby repealed.
First Reading: February 28, 2012
Second Reading: March 27, 2012
Published: March 30, 2012
CITY OF BROOKINGS, SD
___________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
City of Brookings
March 27, 2012
134
NOTICE OF HEARING
UPON A CHANGE IN ZONE REGULATIONS
NOTICE IS HEREBY GIVEN That the City of Brookings has submitted an
amendment to Chapter 94, Zoning, pertaining to a Community Center as a conditional
use in the Business B-2A District.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Planning Commission at 7:00 PM on Tuesday, February 7, 2012, in the Council
Chamber in the lower level of City Hall, Brookings, South Dakota. Any action taken by
the City Planning Commission is a recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 27th day of January 2012.
____________________________
Dan Hanson
Planning & Zoning Administrator
City of Brookings
March 27, 2012
135
Planning Commission
Brookings, South Dakota
February 7, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on February 7, 2012, at 7:00 PM in the Council Chamber at City Hall. Members
present were Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, Al Heuton, John Sydow,
and Avery. Alan Gregg and John Gustafson were absent. Also present were Kate and Greg
Heiberger, Mary Bibby, Carol Klug, Cindy Swinson, City Engineer Jackie Lanning, Community
Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson and
others.
Item #7 – The City of Brookings has submitted an amendment to Chapter 94, Zoning,
pertaining to a Community Center as a conditional use in the Business B-2A District.
(Bailey/Cameron) Motion to approve the zoning amendment. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #7 – The community center use would likely be proposed as a buffer between a
residential district and other B-2A district uses. Cameron felt a community center, as a
conditional use, was appropriate for the district.
City of Brookings
March 27, 2012
136
Sec. 94-133. BUSINESS B-2A OFFICE DISTRICT
(a) Intent. This district is intended to provide for a mixture of office and other compatible and
complimentary uses. This district is intended to be located in close proximity to commercial uses
or used as a transitional zone between commercial and residential uses. An emphasis shall be
placed on landscaping and site arrangement.
(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 Business B-2A Office
District.
(c) Permitted Uses.
1. Office
2. Personal Health Service
3. Funeral home or mortuary
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with the conditions prescribed herein:
1. Broadcast station or studio
a. No broadcast towers allowed
2. Service Store or hair salon
a. Floor area shall not exceed 2,000 square feet
b. No tanning beds shall be allowed in conjunction with these uses
(e) Conditional Uses.
1. Home occupation
2. Mixed business/residential use
3. Financial institution
4. Community center
(f) Density, Area, Yard and Height Regulations.
The B-2A 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 - - 25' -* 20'* 35'
*A twenty-five foot (25') 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-2A 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-2A 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-2A 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-2A District shall be in conformance with the
regulations set forth in article II of this chapter.
City of Brookings
March 27, 2012
137
Second Readings / Public Hearings
22. Ordinance No. 05-12, an Ordinance rezoning Lot 9, Block 2,
University First Addition from a Business B-2 District to a
Residence R-3 District.
Applicant: City of Brookings
Proposal: Rezone the East Fire Station lot back to a residential district
Background: The land that the fire station is on was deeded to the City of
Brookings by the State in 1972. There is a deed restriction which limits the
use of the property to a fire station. If the fire station is moved, the land
goes back to the State.
Specifics: Lot 9 was zoned to a business district in 2009. The primary
reason was to use the lot for community-based promotions through
enhanced signage. However, this did not work out as anticipated. A
rezoning back to a Residence R-3 District will allow for more flexibility in
the planned expansion of the fire station. Current zoning to the north is
also R-3.
Recommendation: The Planning Commission voted 7 yes and 0 no to
recommend approval of the rezoning
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
March 27, 2012
138
Ordinance No. 05-12
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 9, Block 2, University First Addition
be and the same is hereby rezoned and reclassified from a Business B-2 District to a Residence
R-3 District
In accordance with Section 94-7 of Article I of Ordinance 25-02 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. 25-02 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. 25-02 of the City
of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: February 28, 2012
Second Reading and Adoption: March 27, 2012
Published: March 30, 2012
CITY OF BROOKINGS, SD
________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City of Brookings
March 27, 2012
141
Planning Commission
Brookings, South Dakota
February 7, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on February 7, 2012, at 7:00 PM in the Council Chamber at City Hall. Members
present were Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, Al Heuton, John Sydow,
and Avery. Alan Gregg and John Gustafson were absent. Also present were Kate and Greg
Heiberger, Mary Bibby, Carol Klug, Cindy Swinson, City Engineer Jackie Lanning, Community
Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson and
others.
Item #6 – The City of Brookings has submitted a petition to rezone Lot 9, Block 2, University
First Addition from a Business B-2 District to a Residence R-3 District.
(Heuton/DeKraai) Motion to approve the rezoning. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item #6 – Hanson commented on the previous rezoning from R-3 to B-2 in 2009. The
contemplated use of the land under the B-2 regulations did not work out, and returning the
land to the R-3 District would create greater flexibility in expanding the fire station.
City of Brookings
March 27, 2012
143
Second Readings / Public Hearings
23. Ordinance No. 06-12, an Ordinance for an application for a
Conditional Use Permit to establish a Major Home Occupation
(portrait studio) on Lot 8, Block 8, Morehouse Addition (819 9th
Avenue).
Applicant: Greg and Katherine Heiberger
Proposal: Establish a major home occupation
Background: This property is located in an older neighborhood. The house was built in
1916. The lot is adjacent to an alley on the south and west sides. A previous owner
acquired a home occupation permit to operate a manicure business in the early 1990s.
The current owner purchased the home in 2005 and in 2011, converted the home into
a two-family dwelling.
Specifics: The applicant lives on the main and second story of the house. The room
layout shown on the site plan is the main floor. There is an office proposed in the front
“porch” area and a studio in the southwest corner. An apartment is located in the
basement.
Parking is shown in the garage (2) and on the driveway and adjoining parking pad (4).
Based on criteria in the zoning ordinance, we would only approve five (5) parking spaces
with the design shown, and all parking spaces would have to be hardsurfaced. A more
functional parking plan would have the parking spaces perpendicular to the alley. This
would require an existing fence to be shifted north into the rear yard. Another option
would be to establish parking off the north/south alley. Two (2) aerials are attached
showing the property.
Recommendation: The Planning Commission voted 7 yes and 0 no to recommend
approval of the conditional use with the following conditions:
1. The conditional use shall only be granted to Greg and Katherine Heiberger
2. A revised site plan showing six (6) on-premise parking spaces shall be required
(no longer applicable.)
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
March 27, 2012
144
Ordinance No. 06-12
An Ordinance pertaining to an application for a Conditional Use for a Major Home
Occupation within the City of Brookings
Be it ordained by the governing body of the City of Brookings, South Dakota:
Section 1. That said Conditional Use shall be approved for a Major Home Occupation to
establish a portrait studio on Lot 8, Block 8, Morehouse Addition with the following condition:
1. The conditional use shall be granted only to Greg and Katherine Heiberger
Section 2. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: February 28, 2012
Second Reading: March 27, 2012
Published:
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
___________________________
Shari Thornes, City Clerk
City of Brookings
March 27, 2012
148
Planning Commission
Brookings, South Dakota
February 7, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on February 7, 2012, at 7:00 PM in the Council Chamber at City Hall. Members
present were Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, Al Heuton, John Sydow,
and Avery. Alan Gregg and John Gustafson were absent. Also present were Kate and Greg
Heiberger, Mary Bibby, Carol Klug, Cindy Swinson, City Engineer Jackie Lanning, Community
Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson and
others.
Item #5 – Greg and Katherine Heiberger have submitted an application for a conditional use
to establish a major home occupation for a portrait studio on Lot 8, Block 8, Morehouse
Addition.
(Bailey/Cameron) Motion to approve the conditional use.
(Cameron/DeKraai) Amendment to the motion to add the following condition
The conditional use shall be granted to Greg and Katherine Heiberger only.
(Heuton/Cameron) Amendment to the amendment to add the following condition
A revised site plan showing six on-premise parking spaces shall be required.
The amendment was voted on. All present voted aye. AMENDMENT CARRIED.
The amended amendment was voted on. All present voted aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #5 – Kate Heiberger stated she wanted to operate a small, part-time photography studio.
She anticipated about two to three (2-3) customers per week with the peak season running
from late fall to early spring. Customers would park off the alley.
Mary Bibby, 822 8th Avenue, did not have a problem with the home occupation but was
concerned about adequate parking. She noted that adjoining houses have many tenants with
cars, and street parking was at a premium. Carol Klug, 816 8th Avenue, concurred with Bibby.
Cindy Swinson, 816 9th Avenue did not feel the Heiberger‟s site plan was to scale because it
showed more vehicles than could actually be accommodated on-site.
City of Brookings
March 27, 2012
149
DeKraai asked if the two-wheel trailer that was parked on the lot would be moved.
Heiberger replied no. Fargen asked how many spaces would be required on the lot. Hanson
replied six (6); four (4) spaces for the duplex and two (2) for the home occupation. Heuton was
concerned with the parking plan and asked if a modified plan could be designed. Greg Heiberger
stated that he rented to international students who did not drive. In addition, the home
occupation would be a small operation. He was not inclined to tear up his backyard for more
parking because he wanted the lot to still look residential. Hanson noted that parking spaces
are only counted if they meet specific parking standards, and the Heiberger site plan had only
five (5) spaces that could meet the city‟s standards.
City of Brookings
March 27, 2012
150
MAJOR HOME OCCUPATION REGULATIONS
50.70.220*
Home Occupations. The City of Brookings recognizes the need for some citizens to use
their place of residence for limited nonresidential activities. However, the City believes that
the need to protect the integrity of its residential districts is the primary concern. A Zoning
and Use Registration Permit and a Conditional Use Permit are the methods used to allow and
regulate nonresidential activity within a residential district.
The objective of these permits is to allow a limited commercial type activity in a residential
district only to an extent that neighbors or passersby will not be aware of the activity by any
outward appearance or may be aware of the occupation by the existence of a sign or additional
traffic. It is therefore necessary to categorize home occupations as minor home occupations
and major home occupations.
D. Major Home Occupation. A major home occupation shall be allowed upon a premise
provided the occupation complies with the following:
1. The occupation shall be 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 shall not occupy more than fifty (50) percent of the gross floor area of
one story.
4. Residents of the dwelling unit and one non-resident may be employed or participate in
the home occupation.
5. Signs shall be permitted according to the regulations for residential signs in 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 ordinance.
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-premise parking spaces, in addition to those required for the dwelling unit, shall
be provided for the home occupation.
12. There shall not be conducted on the premises the business of selling stocks of
merchandise, supplies or products provided that 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.
City of Brookings
March 27, 2012
153
Other Business
24. Action to approve revised preliminary plan pertaining to private
street widths in the Prairie Hills Addition (20th St. So. and 7th Ave.
So. area).
Applicant: Prairie Hills LLC
Proposal: Establish private street roadway widths of 26 feet in a portion of
Prairie Hills Addition.
Background: The Prairie Hills Addition preliminary plan was approved in
January 2011. The plan had 45 foot wide rights-of-way throughout a
portion of the subdivision referred to as “The Landing”. This sub-area will
be similar to the Meadow Green Townhome Development along 22nd
Avenue. During the street design phase, the City required that the
roadway width within “The Landing” be 31 feet (back of curb to back of
curb). The developer sought a variance which was not approved.
Therefore, he has decided to convert the rights-of-way into private streets.
Specifics: The Subdivision Ordinance requires that all private streets have a
roadway width of 28 feet. This includes the roadway and any curb and
gutter. The regulations pertaining to private streets and the criteria for
granting variances are in your packet.
Recommendation: The Planning Commission voted 7 yes, 0 no, and 1
abstention, to recommend approval of the revised preliminary plat with a
26 foot wide roadway width for certain private streets in the Prairie Hills
Addition.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
March 27, 2012
157
Planning Commission
Brookings, South Dakota
March 12, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on Monday March 12, 2012, at 7:00 PM in the Council Chamber at City Hall. Members
present were Greg Fargen, Alan Gregg, Al Heuton, Donna DeKraai, John Sydow, Hal Bailey,
Mike Cameron, and Avery. John Gustafson was absent. Also present were Brian Gatzke, John
Mills, Al Rogers, Jason Stevenson, Todd Meierhenry, Community Development Director Mike
Struck, Planning and Zoning Administrator Dan Hanson and others.
Item #5 – Prairie Hills, LLC has submitted a revised preliminary plat of a portion of Prairie
Hills Addition in the NE ¼ of the NE ¼ of Section 2-T109N-R50W. The revision requires a
variance from the minimum street width for a private street.
(Bailey/Heuton) Motion to approve a 26 foot wide private street as proposed on the
plat. All present voted aye except Sydow abstained. MOTION CARRIED
SUMMARY OF DISCUSSION
Item #5 – John Mills, owner of Prairie Hills, LLC, noted that the original plan was to have
public streets throughout the development. However, his request for a narrower roadway
within the right of way was denied by the city so he opted to establish private streets. He
pointed out that the Summer Hill Townhome streets were 22 feet wide and the Meadow
Green Townhome streets were 24 feet wide. “The Landing” neighborhood would likely not
have drive-thru traffic. Mills stated that he asked residents of Meadow Green if they felt their
streets were adequate and the response was that they were. He added that wider streets cost
more to build and maintain.
Fargen asked what parking restrictions were in place at “The Landing.” Mills did not
know, but noted that very little on street parking occurred at Meadow Green. Struck asked if
off-street parking pads would be scattered throughout “The Landing” as they were in Meadow
Green? Mills responded that there was not a plan to do so at this time but the design was still
being finalized.
Hanson inquired about the public to private street transition on the north end. Mills
replied that a community building associated with “The Landing” would be built west of the
Chokecherry Lane intersection so the transition point was not determined.
Cameron noted that if parking was restricted on the private street, the lane widths
would be wider than a local street roadway with parking on one side.
Heuton referred to requirements that must be met in order to grant a variance.
Hanson felt that the commission can view these standards as a quasi-judicial function and use
discretion based on information regarding the subdivision.
City of Brookings
March 27, 2012
160
Other Business
25. Action to approve Resolution No. 52-12, a Resolution Approving
Tax Increment District Number Six Project Plan.
Proposal: Review and act on the various elements of a tax increment project plan as
required by SDCL Chapter 11-9.
Background: The Planning Commission recommended approval for the creation and
declaration of boundaries of Tax Increment District #6 on January 17, 2012. This
recommendation was forwarded to the City Council on January 24, 2012 and was
approved.
Specifics: The following excerpts from SDCL 11-9 pertain to a project plan:
11-9-13. Recommendation of project plan by commission--Statement of improvements
proposed, costs, and plan for financing. In order to implement the provisions of this
chapter, the planning commission shall prepare and adopt a project plan for each tax
incremental district and submit the plan to the governing body. The plan shall include a
statement listing:
1) The kind, number, and location of all proposed public works or improvements
within the district;
2) An economic feasibility study;
3) A detailed list of estimated project costs;
4) A fiscal impact statement which shows the impact of the tax increment district,
both until and after the bonds are repaid, upon all entities levying taxes upon
property in the district; and
5) A description of the methods of financing all estimated project costs and the
time when related costs or monetary obligations are to be incurred.
No expenditure may be provided for in the plan more than five years after a district is
created unless an amendment is adopted by the governing body under § 11-9-23.
11-9-14. Definition of project costs. "Project costs" are any expenditures made or
estimated to be made, or monetary obligations incurred or estimated to be incurred, by
a municipality which are listed in a project plan as costs of public works or
improvements within a tax incremental district, plus any costs incidental thereto,
diminished by any income, special assessments, or other revenues, other than tax
increments, received, or reasonably expected to be received, by the municipality in
connection with the implementation of the plan.
11-9-15. Specific items included in project costs. Project costs include, but are not
limited to:
City of Brookings
March 27, 2012
161
1) Capital costs, including the actual costs of the construction of public works or
improvements, buildings, structures, and permanent fixtures; the demolition,
alteration, remodeling, repair, or reconstruction of existing buildings, structures,
and permanent fixtures; the acquisition of equipment; the clearing and grading of
land; and the amount of interest payable on tax incremental bonds or notes
issued pursuant to this chapter until such time as positive tax increments to be
received from the district, as estimated by the project plan, are sufficient to pay
the principal of and interest on the tax incremental bonds or notes when due;
2) Financing costs, including all interest paid to holders of evidences of indebtedness
issued to pay for project costs, any premium paid over the principal amount
thereof because of the redemption of such obligations prior to maturity and a
reserve for the payment of principal of and interest on such obligations in an
amount determined by the governing body to be reasonably required for the
marketability of such obligations;
3) Real property assembly costs, including the actual cost of the acquisition by a
municipality of real or personal property within a tax incremental district less
any proceeds to be received by the municipality from the sale, lease, or other
disposition of such property pursuant to a project plan;
4) Professional service costs, including those costs incurred for architectural,
planning, engineering, and legal advice and services;
5) Imputed administrative costs, including reasonable charges for the time spent by
municipal employees in connection with the implementation of a project plan;
6) Relocation costs;
7) Organizational costs, including the costs of conducting environmental impact and
other studies and the costs of informing the public of the creation of tax
incremental districts and the implementation of project plans; and
8) Payments and grants made, at the discretion of the governing body, which are
found to be necessary or convenient to the creation of tax incremental districts
or the implementation of project plans.
11-9-16. Statement as to zoning and property use impact--Relocation methods. The
plan required by § 11-9-13 shall also include:
1) A map showing the existing uses and conditions of real property in the district;
2) A map showing the proposed improvements and uses therein;
3) A map showing the proposed changes of zoning ordinances;
4) A statement listing changes needed in the master plan, map, building codes, and
municipal ordinances;
5) A list of estimated non-project costs; and a statement of a proposed method for
the relocation of persons to be displaced.
Recommendation: The Planning Commission voted 8 yes and 0 no to recommend
approval of the TID 6 Project Plan.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
March 27, 2012
162
Resolution No. 52-12
Resolution Approving Tax Increment District Number Six Project Plan
Whereas, the Brookings City Planning Commission has recommended the approval of the Tax
Increment Project Plan for Tax Increment District Number Six; and
Whereas, the City Council finds that all requirements have been met in order to approve said
Tax Increment Project Plan.
Now Therefore, Be It Resolved by the City Council
1. Approval of Project Plan. The project plan, a copy of which is on file with the City
Finance Officer hereby approved.
2. Findings. The City Council finds that the project plan is feasible and that it conforms to
the City‟s master plan. All findings made in the tax increment plan are included herein
by reference.
3. Effective 20 days after publication. This resolution shall become effective 20 days after
publication and absent any challenge at law, all findings and conclusions in the Tax
Increment Project Plan for Tax Increment District Number Six shall be final.
Passed this 27th day of March 2012.
CITY OF BROOKINGS
_______________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
City of Brookings
March 27, 2012
163
Planning Commission
Brookings, South Dakota
March 12, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on Monday March 12, 2012, at 7:00 PM in the Council Chamber at City Hall. Members
present were Greg Fargen, Alan Gregg, Al Heuton, Donna DeKraai, John Sydow, Hal Bailey,
Mike Cameron, and Avery. John Gustafson was absent. Also present were Brian Gatzke, John
Mills, Al Rogers, Jason Stevenson, Todd Meierhenry, Community Development Director Mike
Struck, Planning and Zoning Administrator Dan Hanson and others.
Item #8 – The City of Brookings has submitted a Project Plan for TID #6.
(Cameron/Bailey) Motion to approve the Project Plan. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #8 – Struck stated that the boundaries of TID #6 were created on January 17, 2012. The
project plan involves land in the Foster Industrial Park and pertains to Bel Brands, Inc. He
noted that Attorney Todd Meierhenry developed the plan.
Meierhenry stated all 11 state statutory requirements were met in the plan. Project
plan costs are estimated and usually there are more project costs planned than are actually
completed. He stated the plan covered only Phase I of the plan. The city would cover the
costs of the funds so the plan was feasible.
Meierhenry noted that the average length of a project plan is 12-15 years due to
inflation which increases the amount of tax increment over time. In South Dakota, as soon as
project costs are paid off, the TID is dissolved.
TAX INCREMENTAL DISTRICT
NUMBER SIX,
CITY OF BROOKINGS
TAX INCREMENTAL
PROJECT PLAN
TABLE OF CONTENTS
INTRODUCTION AND PURPOSE ..................................................................................................................................... 1
GENERAL DEFINITIONS AS USED IN THIS PLAN .............................................................................................................. 1
PROPERTY WITHIN THE TAX INCREMENT DISTRICT ...................................................................................................... 4
Listing Of Kind, Number, Location And Detailed Costs Of Proposed Public Works And Improvements. ...................... 4
Costs of Public Works or Improvements ................................................................................................................... 6
Expenditures exceeding Estimated Cost ........................................................................................................................ 7
FEASIBILITY STUDY. ........................................................................................................................................................ 7
ECONOMIC DEVELOPMENT STUDY ............................................................................................................................... 7
DETAILED LIST OF ESTIMATED PROJECT COSTS ............................................................................................................. 7
FISCAL IMPACT STATEMENT .......................................................................................................................................... 7
METHOD OF FINANCING, TIMING OF COSTS AND MONETARY OBLIGATIONS .............................................................. 7
Maximum Amount of Tax Incremental Revenue ........................................................................................................... 8
DURATION OF TAX INCREMENTAL PLAN ....................................................................................................................... 8
ESTIMATED IMPACT OF TAX INCREMENT FINANCING ON REVENUES OF TAXING JURISDICTIONS .............................. 8
CONDITIONS MAP, IMPROVEMENTS MAP, ZONING CHANGE MAP .............................................................................. 9
CHANGES TO THE CITY OF BROOKINGS MASTER PLAN, MAP, BUILDINGS CODES AND CITY ORDINANCES. ................ 9
LIST OF ESTIMATED NON-PROJECT COSTS. ................................................................................................................... 9
STATEMENT OF DISPLACEMENT AND RELOCATION PLAN ............................................................................................ 9
PERFORMANCE BOND, SURETY BOND OR OTHER GUARANTY. .................................................................................... 9
SCHEDULE 1 – "DETAIL OF PROJECT COSTS" ............................................................................................................... 12
SCHEDULE 2 – "ESTIMATED CAPTURED TAXABLE VALUES" ........................................................................................ 13
SCHEDULE 3 - “FISCAL IMPACT STATEMENT” .............................................................................................................. 14
Introduction ....................................................................................................................................................... 14
Definitions .......................................................................................................................................................... 14
Assumptions: ...................................................................................................................................................... 14
FISCAL IMPACT: .................................................................................................................................................. 15
SCHEDULE 4 – “ECONOMIC FEASIBILITY STUDY” ......................................................................................................... 17
SCHEDULE 5 – “ECONOMIC DEVELOPMENT STUDY” .................................................................................................. 18
Section 1- Introduction ........................................................................................................................................... 18
Section 2 - Study Area Boundary ............................................................................................................................ 18
Section 3 - Establishing Economic Development .................................................................................................... 20
Section 4 - History of the Study Area ...................................................................................................................... 20
Section 5 - Study Area Description ......................................................................................................................... 20
Section 6 - Conditions Within the Study Area ......................................................................................................... 20
Section 7 - Findings within the Study Area – Analysis ............................................................................................ 21
Section 8 - Conclusions ........................................................................................................................................... 21
ATTACHMENT 1 ........................................................................................................................................................... 22
ATTACHMENT 2 ........................................................................................................................................................... 23
ATTACHMENT 3 ........................................................................................................................................................... 24
1
INTRODUCTION AND PURPOSE
The purpose of this Plan, to be implemented by the City of Brookings is to satisfy the requirements for a Tax
Incremental District Plan Number Six, City of Brookings as specified in SDCL Chapter 11-9.There are 11 mandated
requirements of the Plan, each to be addressed in this Plan. The principal purpose of the Plan is to define eligible
property and to define a Tax Increment Plan for funding eligible activities blighted area of the City.
This Plan was prepared for adoption by the City Council in recognition that the area requires a coordinated,
cooperative strategy, with financing possibilities, to promote economic development and accomplish the City’s
development objectives for improving the continued viability of the northeast portion of the City in the Foster
Addition.
The driving interest in the establishment of this Plan is to offer tax increment financing as a tool to stimulate and
leverage private sector development and redevelopment, to promote economic development throughout the
district.
Development and redevelopment in the area is anticipated to occur in the near future, with the potential for tax
increment financing to provide the impetus and means to undertake this redevelopment at a faster pace than
might occur otherwise.
GENERAL DEFINITIONS AS USED IN THIS PLAN
The following terms found in this Plan have the following meanings:
“Base” or “Tax Incremental Base” means the aggregate assessed value of all taxable property located within a Tax
Incremental District on the date the district is created, as determined by SDCL § 11-9-20.
"Blighted" means property that meets any of the following criteria:
Any area, including slum area, in which the structures, buildings, or improvements, by reason of:
(1) dilapidation, age, or obsolescence;
(2) inadequate provisions for ventilation, light, air, sanitation, or open spaces;
(3) high density of population and overcrowding;
(4) the existence of conditions which endanger life or property by fire and other causes; or
(5) any combination of such factors;
are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or
crime, and which is detrimental to the public health, safety, morals, or welfare, is a blighted
area1; or
Any area which by reason of:
1 SDCL § 11-9-9
2
(1) the presence of a substantial number of substandard, slum, deteriorated, or deteriorating
structures;
(2) predominance of defective or inadequate street layouts;
(3) faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
(4) unsanitary or unsafe conditions;
(5) deterioration of site or other improvements;
(6) diversity of ownership, tax, or special assessment delinquency exceeding the fair value of the
land;
(7) defective or unusual conditions of title;
(8) the existence of conditions which endanger life or property by fire and other causes; or
(9) any combination of such factors;
substantially impairs or arrests the sound growth of a municipality, retards the provision of
housing accommodations, or constitutes an economic or social liability and is a menace to the
public health, safety, morals, or welfare in its present condition and use, is a blighted area 2; or
Any area which is predominantly open and which because of obsolete platting, diversity of ownership,
deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the
sound growth of a municipality, is a blighted area.3
"City Council" means the City Council of the City of Brookings.
"City of Brookings” means Brookings, South Dakota, a home rule form of government.
"Department of Revenue" means the South Dakota Department of Revenue.
“District” means the Tax Incremental District.
"Economic Development" means all powers expressly granted and reasonably inferred pursuant to SDCL §9-54.
"Fiscal year" means that fiscal year of the City of Brookings.
"Generally Applicable Taxes" shall have the same meaning as set forth in 26 CFR § 1.141-4(e).
"Governing body" means the City Council.
"Grant" the transfer for a governmental purpose of money or property to a transferee that is not a related party
to or an agent of the municipality;
2 SDCL § 11-9-10
3 SDCL § 11-9-11.
3
"Infrastructure Improvements" means a street, road, sidewalk, parking facility, pedestrian mall, alley, bridge,
sewer, sewage treatment plant, property designed to reduce, eliminate, or prevent the spread of identified soil or
groundwater contamination, drainage system, waterway, waterline, water storage facility, rail line, utility line or
pipeline, or other similar or related structure or improvement, together with necessary easements for the
structure or improvement, for the benefit of or for the protection of the health, welfare, or safety of the public
generally.
"Municipality" means any incorporated city in this state.
"Planning Commission" means the City of Brookings Planning Commission.
“Plan” means this Project Plan.
“Project Costs” means any expenditure or monetary obligations by the City of Brookings, whether made,
estimated to be made, incurred or estimated to be incurred, which are listed as Project Costs herein will include
any costs incidental thereto but diminished by any income, special assessments, or other revenues, other than tax
increments, received, or reasonably expected to be received, by the City of Brookings in connection with the
implementation of this Plan.
“Project Plan” means properly approved Plan for the development or redevelopment of a tax incremental district
including all properly approved amendments thereto as recommended pursuant to SDCL § 11-9-13.
"Public Works" means the Infrastructure Improvements, the acquisition by purchase or condemnation of real and
personal property within the Tax Incremental District and the sale, lease, or other disposition of such property to
private individuals, partnerships, corporations, or other entities at a price less than the cost of such acquisition
which benefit or further the health, safety, welfare and economic development of the City and Project Costs.
"Taxable Property" all real taxable property located in a Tax Incremental District;
"Tax Incremental District" a contiguous geographic area within a City defined and created by resolution of the
governing body and named City of Brookings Tax Incremental District Number Six;
"Tax Increment Valuation" is the total value of the Tax Incremental District minus the tax incremental base
pursuant to § 11-9-19.
“Tax Increment Law” means South Dakota Codified Laws Chapter 11-9.
4
PROPERTY WITHIN THE TAX INCREMENT DISTRICT
The real property to be located within the Tax Increment District is legally described as follows:
Description: Legal Description
Block 2 of Foster Addition in the NE ¼ of Section 19-T110N-R49W of the 5th P.M.,
City of Brookings, Brookings County, State of South Dakota (the “District”).
LISTING OF KIND, NUMBER , LOCATION AND DETAILED COSTS OF PROPOSED
PUBLIC WORKS AND I MPROVEMENTS 4.
In order to implement the provisions of SDCL Chapter 11-9, the following are Project Costs and expenditures made
or estimated to be made and the monetary obligations incurred or estimated to be incurred by the City. The
Project Costs includes capital costs, financing costs, real property assembly costs, professional fee costs, imputed
administration costs, relocation costs, organizational costs, discretionary costs and grants, plus any costs incidental
thereto, diminished by any income, special assessments, or other revenues, other than tax increments, received,
or reasonably expected to be received, by the City.
The City is working to develop an economic and competitive base to benefit the City and the State as a whole. All
project costs are found to be necessary and convenient to the creation of the Tax Incremental District and its
implementation. The project constitutes economic development which is a proper public purpose of the City. The
City exercises the powers expressly stated in and reasonably inferred by SDCL §11-9-15 and Chapter 9-54. The City
shall enter into all contracts in accordance with South Dakota law.
A combination of private investment and tax increment financing will assist progress toward the following
additional objectives:
To address and remedy conditions in the area that impair or arrest the sound growth of the City;
To implement the Comprehensive Plan and its related element;
To redevelop and rehabilitate the area in a manner which is compatible with and complementary to unique
circumstances in the area;
To effectively utilize undeveloped and underdeveloped land;
To improve pedestrian, bicycle, vehicular, and transit-related circulation and safety;
To ultimately contribute to increased revenues for all taxing entities;
To encourage the voluntary rehabilitation of buildings, improvements, and conditions;
4 SDCL §11-9-13(1).
5
To watch for market and/or project opportunities to eliminate blight, and when such opportunities exist, to
take action within the financial, legal and political limits of the City to acquire land, demolish and remove
structures, provide relocation benefits, and pursue redevelopment, improvement and rehabilitation projects;
and
To improve areas that are likely to significantly enhance the value of substantially all property in the district.
{Remainder of Page Left Blank}
6
COSTS OF PUBLIC WORKS OR IMPROVEMENTS
In accordance with SDCL § 11-9-13 the following is the kind, number, location and dollar amount of estimated
Project Costs, costs of public works and improvements.
Kind of Project Cost Number of
Projects
Location5 Amount Reference6
Capital Costs District $5,000,000* 11-9-14(1)
Financing Costs District 25,000 11-9-14(2)
Real Property Assembly District 0 11-9-14(3)
Professional Fees District 500,000* 11-9-14(4)
Administrative Costs District 25,000 11-9-14(5)
Relocation Costs District 0 11-9-14(6)
Organizational Costs District 0 11-9-14(7)
Discretionary Costs and
Grants
1 District $2,500,000 11-9-14(8)
Eligible Project Costs $8,050,000
* Costs may be allocated between the above sections
5District shall mean the Tax Increment District.
6SDCL §11-9-14 (1) Capital costs, including the actual costs of the construction of public works or improvements, buildings,
structures, and permanent fixtures; the demolition, alteration, remodeling, repair, or reconstruction of existing buildings,
structures, and permanent fixtures; the acquisition of equipment; the clearing and grading of land; and the amount of interest
payable on tax incremental bonds or notes issued pursuant to this chapter until such time as positive tax increments to be
received from the district, as estimated by the Project Plan, are sufficient to pay the principal of and interest on the tax
incremental bonds or notes when due;
(2) Financing costs, including all interest paid to holders of evidences of indebtedness issued to pay for Project Costs, any
premium paid over the principal amount thereof because of the redemption of such obligations prior to maturity and a reserve
for the payment of principal of and interest on such obligations in an amount determined by the governing body to be
reasonably required for the marketability of such obligations;
(3) Real property assembly costs, including the actual cost of the acquisition by a municipality of real or personal property
within a tax incremental district less any proceeds to be received by the municipality from the sale, lease, or other disposition
of such property pursuant to a Project Plan;
(4) Professional service costs, including those costs incurred for architectural, planning, engineering, and legal advice and
services;
(5) Imputed administrative costs, including reasonable charges for the time spent by municipal employees in connection with
the implementation of a Project Plan;
(6) Relocation costs;
(7) Organizational costs, including the costs of conducting environmental impact and other studies and the costs of informing
the public of the creation of tax incremental districts and the implementation of project plans; and
(8) Payments and grants made, at the discretion of the governing body, which are found to be necessary or convenient to
the creation of tax incremental districts or the implementation of project plans.
7
The above total represents eligible Project Costs. Only such amounts as are feasible will be financed by the City or
by a monetary obligation.7
EXPENDITURES EXCEEDIN G ESTIMATED COST
Any expenditures which in sum would exceed the total amount stated above will require an amendment of this
plan. All amendments are undertaken pursuant to SDCL §11-9-23. When the expenditures are increased above
the total above, the Department of Revenue will be required to reset the base, in accordance with SDCL §11-9-23.
FEASIBILITY STUDY.8
An economic feasibility study is attached as Schedule 4.
ECONOMIC DEVELOPMENT STUDY
Not less than 50% of the area within the proposed district will stimulate and develop the general economic welfare
and prosperity of the state through commercial, manufacturing and agricultural development as evidenced by the
Economic Development Study attached as Schedule 5.
DETAILED LIST OF ESTIMATED PROJECT COSTS 9
Attached as Schedule 1 is a detailed list of estimated Project Costs. No expenditure for Project Costs is provided
for more than five years after the district.
FISCAL IMPACT STATEMENT 10
Attached as Schedule 3 is the Fiscal Impact Statement on other taxing districts found within the Tax Increment
District, both until and after the bonds are repaid.
METHOD OF FINANCING, TIMING OF COSTS AND MONETARY
OBLIGATIONS 11
The payment of project costs will be made from a combination of the following methods:
7 If the project costs are not provided for in the original plan, the governing body would be required to amend the plan which
requires the South Dakota Department of Revenue to redetermine the tax increment base when additional project costs are
added to a plan. SDCL §11-9-23 By including “wish list” project costs, the governing body protects itself when the assessment
is greater than originally estimated.
8 SDCL §11-9-13(2)
9 SDCL §11-9-13(3)
10 SDCL § 11-9-13(4).
11 SDCL § 11-9-13(5)
8
(1) Payment by the municipality from the special fund of the tax incremental district;
(2) Payment out of the municipality's funds;
(3) Payment out of the proceeds of the sale of municipal bonds issued by the municipality under
chapters 10-52 or 10-52A; and
(4) Payment out of the proceeds of the sale of tax incremental bonds issued by the municipality
under this SDCL Chapter 11-9.
M AXIMUM AMOUNT OF T AX INCREMENTAL REVENUE
The maximum amount of tax incremental revenue bonds or monetary obligations to be paid through Tax
Increment Number Six shall be the amount sufficient to reimburse the City for the payments made for project
costs and pay all tax increment bonds or monetary obligations in an amount not to exceed $8,050,000 principal
amount or such lesser amount as may be feasible with the estimated revenue generated by the Tax Increment
District.
DURATION OF TAX INCREMENTAL PLAN
The duration of the Plan will extend to the number of years it will take for the reimbursement of the City, the
extinguishment of bonds and the monetary obligation, except that the Plan duration shall not exceed 20 years
from the date of creation of the District.
ESTIMATED IMPACT OF TAX INCREMENT FINANCING ON REVENUES
OF TAXING JURISDICTIONS
The site will generate taxes to the local jurisdictions at or above the assessed of the Base. All taxing districts shall
receive that base which will be the value set for 2012 taxes payable in 2013. The tax increment will be available to
the taxing jurisdictions at or before 20 years after the creation of the District. Schedule 3 details the tax capture
implications to each of the local taxing jurisdictions. After the repayment of the bonds, taxing entities will receive
their proportionate share of tax dollars for the base value and the tax incremental values.
9
CONDITIONS MAP 12, IMPROVEMENTS MAP 13, ZONING CHANGE MAP 14
The conditions map is attached as Attachment 1. The Improvements map is attached as Attachment 2. The Zoning
Change Map is attached as Attachment 3.
CHANGES TO THE CITY OF BROOKINGS MASTER PLAN, MAP,
BUILDINGS CODES AND CITY ORDINANCES 15.
The City has made changes in the master plan, map, building codes and City ordinances as indicated on
Attachment 3.
LIST OF ESTIMATED NON-PROJECT COSTS 16.
The following is a list of the non-Project Costs. All costs are listed as taxable value, actual non-project costs will
exceed the following amounts.
ALL PHASES
Item Amount
Building (Phase 1) 30,000,000
Equipment (Phase 1) 70,000,000
Buildings(Phase 2) 6,000,000
Equipment(Phase 2) 56,000,000
TOTAL $162,000,000.00
STATEMENT OF DISPLACEMENT AND RELOCATION PLAN17
No residents or families will be displaced by the Project. There are no families or persons residing on the premises.
Therefore, no relocation Plan is needed.
PERFORMANCE BOND, SURETY BOND OR OTHER GUARANTY.
12 SDCL § 11-9-16(1)
13 SDCL § 11-9-16(2)
14 SDCL § 11-9-16(3)
15 SDCL §11-9-16(4)
16 SDCL §11-9-16(5)
17 SDCL § 11-9-16(16)
10
As security for its fulfillment of the agreement with the governing body, a purchaser or lessee of redevelopment
property may furnish a performance bond, with such surety and in such form and amount as the governing body
may approve or make such other guaranty as the governing body may deem necessary in the public interest. This
additional security may be provided for in a developers agreement.
11
LIST OF SCHEDULES
SCHEDULE 1 Detail of Project Costs
SCHEDULE 2 Estimated Captured Taxable Values
SCHEDULE 3 Fiscal Impact Statement
SCHEDULE 4 Economic Feasibility Schedule
SCHEDULE 5 Economic Development Study
ATTACHMENTS
Attachment 1. Map and Legal Description and existing uses and conditions
Attachment 2. Map of Real property Improvement and uses
Attachment 3. Map of proposed changes in zoning ordinances
12
SCHEDULE 1 – "DETAIL OF PROJECT COSTS"
Kind of Project Cost Number of
Projects
Location18 Amount Reference19
Capital Costs District $5,000,000* 11-9-14(1)
Financing Costs District 25,000 11-9-14(2)
Real Property Assembly District 0 11-9-14(3)
Professional Fees District 500,000* 11-9-14(4)
Administrative Costs District 25,000 11-9-14(5)
Relocation Costs District 0 11-9-14(6)
Organizational Costs District 0 11-9-14(7)
Discretionary Costs and
Grants
1 District $2,500,000 11-9-14(8)
Eligible Project Costs $8,050,000
18District shall mean the Tax Increment District.
19SDCL §11-9-14 (1) Capital costs, including the actual costs of the construction of public works or improvements, buildings,
structures, and permanent fixtures; the demolition, alteration, remodeling, repair, or reconstruction of existing buildings,
structures, and permanent fixtures; the acquisition of equipment; the clearing and grading of land; and the amount of interest
payable on tax incremental bonds or notes issued pursuant to this chapter until such time as positive tax increments to be
received from the district, as estimated by the Project Plan, are sufficient to pay the principal of and interest on the tax
incremental bonds or notes when due;
(2) Financing costs, including all interest paid to holders of evidences of indebtedness issued to pay for Project Costs, any
premium paid over the principal amount thereof because of the redemption of such obligations prior to maturity and a reserve
for the payment of principal of and interest on such obligations in an amount determined by the governing body to be
reasonably required for the marketability of such obligations;
(3) Real property assembly costs, including the actual cost of the acquisition by a municipality of real or personal property
within a tax incremental district less any proceeds to be received by the municipality from the sale, lease, or other disposition
of such property pursuant to a Project Plan;
(4) Professional service costs, including those costs incurred for architectural, planning, engineering, and legal advice and
services;
(5) Imputed administrative costs, including reasonable charges for the time spent by municipal employees in connection with
the implementation of a Project Plan;
(6) Relocation costs;
(7) Organizational costs, including the costs of conducting environmental impact and other studies and the costs of informing
the public of the creation of tax incremental districts and the implementation of project plans; and
(8) Payments and grants made, at the discretion of the governing body, which are found to be necessary or convenient to
the creation of tax incremental districts or the implementation of project plans.
13
SCHEDULE 2 – "ESTIMATED CAPTURED TAXABLE VALUES"
BASE-ESTIMATED TAXES THAT WILL GO TO TAXING DISTRICTS DURING TIF
INCREMENT-ESTIMATED TAXES THAT WILL GO TO TAX INCREMENT FUND
02/15/2012
2013
Assessed
Value:12,000,000.00$
2014 Taxes*:244,091.74$ 0.218423736 0.141747 0.638469383 0.001359685
4.498 2.919 13.148 0.028
Year TIF Year Assessed CollectedPercent FinishedAssessed Valuation Taxes City County School Water Dist
1 12/31/2012 2013 2014 0.00%-$ -$ -$ 0 -$ -$
2 12/31/2013 2014 2015 20.00% 2,400,000.00$ 48,818.35$ 10,663.09$ 6919.864 31,169.02$ 66.38$
3 12/31/2014 2015 2016 40.00% 4,800,000.00$ 97,636.69$ 21,326.17$ 13839.73 62,338.04$ 132.76$
4 12/31/2015 2016 2017 60.00% 7,200,000.00$ 146,455.04$ 31,989.26$ 20759.59 93,507.06$ 199.13$
5 12/31/2016 2017 2018 80.00% 9,600,000.00$ 195,273.39$ 42,652.34$ 27679.46 124,676.08$ 265.51$
6 12/31/2017 2018 2019 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
7 12/31/2018 2019 2020 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
8 12/31/2019 2020 2021 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
9 12/31/2020 2021 2022 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
10 12/31/2021 2022 2023 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
11 12/31/2022 2023 2024 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
12 12/31/2023 2024 2025 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
13 12/31/2024 2025 2026 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
14 12/31/2025 2026 2027 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
15 12/31/2026 2027 2028 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
16 12/31/2027 2028 2029 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
17 12/31/2028 2029 2030 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
18 12/31/2029 2030 2031 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
19 12/31/2030 2031 2032 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
20 12/31/2031 2032 2033 100.00% TOTAL 3,905,467.78$ 853,046.86$ 553589.1 2,493,521.60$ 5,310.21$
*Percent of completion was rounded to the nearest .1%
Tif Creation Date
First Year Assessed
First Year Collected
14
SCHEDULE 3 - “FISCAL IMPACT STATEMENT”
FISCAL IMPACT STATEMENT- TAX INCREMENT DISTRICT NUMBER SIX
INTRODUCTION
The fiscal impact statement is intended to provide a succinct analysis of the estimated impact of the Tax Increment
District to the public pursuant to SDCL § 11-9-13(4). It is not intended to rival the level of detail required by a
detailed financial analysis. A fiscal impact statement shows the impact of the Tax Increment District, both until and
after the bonds or obligations are repaid, upon all entities levying taxes upon property in the district.
D EFINITIONS
“Assumptions” means factors or definitions used in the fiscal analysis. Assumptions may include facts and
figures identified by the District and educated guesses that are sometimes necessary when not all of the
information is available. Assumptions are often used to extrapolate an estimate. Assumptions may include an
estimate of tax levies of each taxing entity, the school aid formula contribution, the value of the real property, etc.
"Base Revenues” means the taxes collected on the base value.
“Fiscal Impact” means the increase or decrease in revenues and generally refers to an impact to revenues
caused by the district.
“Revenue” means ad valorem taxes.
“Tax Increment District “ means City of Brookings, Tax Increment District Number Six.
“Taxing Districts” means all political subdivisions of the state which have ad valorem taxing power over
property within the boundaries of the Tax Increment District.
“Tax Increment Revenues" means all revenues above the Base Revenues.
ASSUMPTIONS :
1. The property will have improvements which at completion will be valued for taxable purposes at
$12,000,000.
2. The average tax levy of all taxing districts will be:
15
.
Insert all taxing Districts Levy
2010 Payable in 2011 $ per 1000
Brookings County 4.56
Brookings School District 15.253
Water District 0.15
City 2.563
Total Tax Levy 22.526
Full & True 0.000%
State Multiplier 90.300%
Assessed 12,000,000.00$
Factored 10,836,000.00$
Taxable 10,836,000.00$
Taxes 244,091.74$
3. Tax increment will start to be collected in 2013 and end prior to 2030.
4. The discretionary formula will be applied to the property.
FISCAL IMPACT:
The total fiscal impact upon the taxing entities during the term of the Tax Increment District is as follows:
Valuation
Assumptions
Base Increase Positive Increment
Land and Buildings 0 12,000,000 12,000,000
Total Positive
Increment
***The following two tables represent the maximum estimated impact based on the cost of construction approach to
valuation of the increment. Actual amount are likely to be less due to comparable sales and the income approach to
valuation of the real estate. ***
16
Fiscal Impact would be as follows:
02/15/2012
2013
Assessed
Value:12,000,000.00$
2014 Taxes*:244,091.74$ 0.218423736 0.141747 0.638469383 0.001359685
4.498 2.919 13.148 0.028
Year TIF Year Assessed CollectedPercent FinishedAssessed Valuation Taxes City County School Water Dist
1 12/31/2012 2013 2014 0.00%-$ -$ -$ 0 -$ -$
2 12/31/2013 2014 2015 20.00% 2,400,000.00$ 48,818.35$ 10,663.09$ 6919.864 31,169.02$ 66.38$
3 12/31/2014 2015 2016 40.00% 4,800,000.00$ 97,636.69$ 21,326.17$ 13839.73 62,338.04$ 132.76$
4 12/31/2015 2016 2017 60.00% 7,200,000.00$ 146,455.04$ 31,989.26$ 20759.59 93,507.06$ 199.13$
5 12/31/2016 2017 2018 80.00% 9,600,000.00$ 195,273.39$ 42,652.34$ 27679.46 124,676.08$ 265.51$
6 12/31/2017 2018 2019 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
7 12/31/2018 2019 2020 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
8 12/31/2019 2020 2021 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
9 12/31/2020 2021 2022 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
10 12/31/2021 2022 2023 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
11 12/31/2022 2023 2024 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
12 12/31/2023 2024 2025 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
13 12/31/2024 2025 2026 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
14 12/31/2025 2026 2027 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
15 12/31/2026 2027 2028 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
16 12/31/2027 2028 2029 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
17 12/31/2028 2029 2030 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
18 12/31/2029 2030 2031 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
19 12/31/2030 2031 2032 100.00% 12,000,000.00$ 244,091.74$ 53,315.43$ 34599.32 155,845.10$ 331.89$
20 12/31/2031 2032 2033 100.00% TOTAL 3,905,467.78$ 853,046.86$ 553589.1 2,493,521.60$ 5,310.21$
*Percent of completion was rounded to the nearest .1%
Tif Creation Date
First Year Assessed
First Year Collected
17
SCHEDULE 4 – “ECONOMIC FEASIBILITY STUDY”
The City of Brookings has agreed to provide certain economic development incentives which
reimbursement from the tax increment fund and payments under a developer’s agreement, all made in connection
with the development of land in the City of Brookings. The developer's intent is to build a cheese manufacturing
facility and that without the City’s financial participation and support would not be developed in the City of
Brookings. An essential component of the project funding is for certain eligible Project Costs (“Project Costs”) be
financed directly or indirectly through the tax increment fund.
The City has determined to finance the certain economic development incentives through tax increment
obligations, city funds and city debt. This feasibility study provides that a portion of the incentives can be made is
through tax increment financing under South Dakota Tax Incremental District Law (South Dakota Codified Laws
Chapter 11-9). Tax increment financing is an indispensable self-financing tool used throughout the United States
to help local governments successfully develop and redevelop areas and encourage economic development.
In tax increment financing, the current real property tax assessed value of all properties in a designated
project area (“tax increment financing district”) is established as the “base value.” As development in the tax
increment financing district increases the assessed values of the redeveloped properties, a portion of the
additional tax revenue generated by the increase in assessed value over the base value is set aside and committed
by the City to the reimbursement of approved project costs.
Tax increment financing is permitted only in connection with a “Project Plan” duly adopted by the City.
The City of Brookings has guidelines for the use of tax increment financing within the city. While the guidelines are
consistent with South Dakota Codified Law and the process is generally the same as provided for within statute,
there are a few exceptions and instances where the City has taken the liberty to further define and interpret.
The property is currently valued at $0.00. The improvements to be made to the property are estimated to
add $12,000,00020 to the assessed valuation. The estimated increment resulting from the improvements would be
approximately $4,000,000. Since only positive tax increment will be applied, the proposed project is feasible.
This document represents the feasibility study required under Tax Increment District Law Section 11-9-13
(Subsections 2, 4 and 5). The study concludes that the proposed project is feasible. It is assumed that all
obligations incurred would be adequately secured as to allow the payment of principal and interest when due.
20 Number represents Phase 1 only.
18
SCHEDULE 5 – “ECONOMIC DEVELOPMENT STUDY”
S ECTION 1- INTRODUCTION
The City has been approached concerning the creation of a tax increment district located in the north east part of
the city. In order to determine whether a tax increment district may be created, it has been recommended that
city staff together with outside consultants conduct a study of the area to determine if conditions exist that meet
the definitions of blight described in Title 11-9 and allow consideration of a Tax Increment District to alleviate
those conditions. If the City finds, by Resolution, that "economic development" conditions exist in not less than
50% of the area, it may after notification of affected taxing districts and after a public hearing to create a Tax
Increment district. The Purpose of the study is to determine if impediments to development and other issues of
blight exist, pursuant to state law, sufficient enough to warrant the creation of a district in the City.
In addition to studying the subject area for the defined economic development conditions, staff has evaluated the
area for the existence of assets or opportunities for priva te investment, as creation and reinvestment of TIF funds
in a District depends primarily on new private investment generating new property taxes. Finally, staff reviewed
the Study Area for localized physical and institutional impediments to investment in the study area.
S ECTION 2 - STUDY AREA BOUNDARY
The Study area is described as:
Block 2 of Foster Addition in the NE 1/4 of Section 19-T110N-R49W of the 5th P.M., City of Brookings, Brookings
County, State of South Dakota. (the “District”).
19
Looking North
Looking East
Looking West
20
S ECTION 3 - ESTABLISHING ECONOMIC DEVELOPMENT
South Dakota law describes economic development as activity that stimulates and develops the general economic
welfare and prosperity of the state through the promotion and advancement of industri al, commercial,
manufacturing, agricultural, or natural resources.
S ECTION 4 - HISTORY OF THE STUDY AREA
The study area consists of bare ground used for agricultural purposes.
S ECTION 5 - STUDY AREA DESCRIPTION
The study area consists of approximately48 acres of ground.
S ECTION 6 - CONDITIONS WITHIN THE STUDY AREA
The study area is a bare piece of ground used for crop production as indicated in the picture below.
Land Use and Planning
Comprehensive Plan
The Comprehensive plan is consistent with the proposed use of the District.
Zoning
No modification of zoning is required in the District.
Economic Impact of Project
Bell Brands USA, Inc. intends to expend to construct cheese manufacturing facility in the City of Brookings in two
phases:
21
Phase I
The first phase of the facility (“Phase I”) consists of designing, constructing and equipping the plant to include a
9,000-11,000 metric ton automated production line. The building will be LEED Certified and contain approximately
170,000 square feet. Phase I will involve capital investment of approximately $30,000,000 in building
improvements and $70,000,000 in machinery and equipment expenditures. It is currently estimated that when
Phase I is completed and in operation at full capacity, this phase will employ approximately 200 FTEs.
Phase II
The second phase of the facility (“Phase II”) includes the addition of a second 9,000 -11,000 metric ton automated
production line only when (a) Phase I is completed and (b) in the Co mpany’s sole judgment more product is
needed to be produced at the Facility in order to support the Company’s business. Phase II will involve capital
investment of approximately $6,000,000 in building improvements (which will also be LEED Certified) and
$56,000,000 in machinery and equipment expenditures. It is currently estimated that when Phase II is completed
and in operation at full capacity, this phase will add approximately 200 FTEs.
State Economic Impact
According to the Governor’s Office of Economic Development and the South Dakota Governor Dennis Daugaard,
the employment of 200 to 400 FTEs will generate estimated annual $500 million economic impact once the plant is
fully operational.
Dairy Industry Creates Additional Economic Development
The multiplier for the dairy industry is 1.41. Every one dollar of output in the industry generates an additional
forty-one cents of economic activity in the South Dakota economy.21 This total impact to the state and local
economy is $5,411.28 in economic activity per cow from the dairy production sector of the economy.
S ECTION 7 - F INDINGS WITHIN THE STUDY AREA – ANALYSIS
In accordance with State Law, it is found that the improvements, both public and private, within Tax Increment
District Number Six will create jobs, generate $500 million dollars of economic impact and produce $1.41 cents of
economic activity for every $1.00 spent.
S ECTION 8 - CONCLUSIONS
Based on the findings of this study, it is determined that the entire Study Area contains conditions that would
stimulate and develop the general economic welfare and prosperity of the state through the promotion and
advancement of industrial, commercial, manufacturing, agricultural, or natural resources.
21 Dr. Gary Taylor, “Economic Impact of the Dairy Industry in South Dakota”, Economics Commentator No. 535 Dec.
17, 2010: 1-3 Print.
22
ATTACHMENT 1
Existing Conditions Map
LEGAL DESCRIPTION
Block 2 of Foster Addition in the NE ¼ of Section 19-T110N-R49W of the 5th P.M.,
City of Brookings, Brookings County, State of South Dakota (the “District”).
23
ATTACHMENT 2
(List of Real Property Improvements) Improvements are to be located in Block 2 as is shown below:
24
ATTACHMENT 3
Zoning Changes
All zoning changes have taken place prior to this plan.
The property is zoned I-1.
City of Brookings
March 27, 2012
191
Other Business
26. Action on Resolution No. 53-12, a Resolution Amending the City
of Brookings Vision 2020 Comprehensive Plan (Major Street Plan
amendment designating an extension of 25th Avenue as a minor
collector).
Proposal: Designate the extension of 25th Avenue as a minor collector
Background: The major street plan currently shows 25th Avenue and 9th
Street as part of the major street plan in this quarter section. Both streets
provide primary and secondary access to commercial operations and
apartments.
Specifics: The connection of 25th Avenue to 10th Street will complete a
necessary loop in this area. Additional commercial and high-density
residential uses will access this 70 foot wide street. Therefore, upgrading
the classification to a minor collector is warranted.
Recommendation: The Planning Commission voted 8 yes and 0 no to
recommend approval of the amendment.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
March 27, 2012
192
Resolution No. 53-12
A Resolution amending the City of Brookings
Vision 2020 Comprehensive Plan
Whereas, the City Council of the City of Brookings, SD in accordance with SDCL 11-6-18
adopted the Vision 2020 Comprehensive Plan for the City of Brookings, SD; and
Whereas, the City Council determined that the Major Street Plan of said Comprehensive Plan
should be amended and supersede the previously adopted Major Street Plan of the
Comprehensive Plan adopted February 11, 2002; and
Whereas, the City Planning Commission of the City of Brookings, SD has recommended
approval of the Vision 2020 Comprehensive Plan in accordance with SDCL 11-6-17;
Now, Therefore, Be It Resolved by the City of Brookings, SD that the Major Street Plan of the
Vision 2020 Comprehensive Plan, as amended, is hereby adopted for the City of Brookings,
with said map to supersede the previous Major Street Plan. The Vision 2020 Comprehensive
Plan shall be on file in the office of the City Clerk and is available for public inspection by any
interested person.
Passed this 27th day of March, 2012.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
March 27, 2012
193
NOTICE OF HEARING
UPON AN AMENDMENT TO THE
VISION 2020 COMPREHENSIVE PLAN
FOR THE CITY OF BROOKINGS
NOTICE IS HEREBY GIVEN That the City Planning Commission will hold a
public hearing on an amendment to the Vision 2020 Comprehensive Plan for the City of
Brookings pertaining to the Major Street Plan.
NOTICE IS FURTHER GIVEN That said public hearing will be at 7:00 PM on
Monday, March 12, 2012, in the Council Chamber located in the lower level of City
Hall at 311 3rd Avenue, Brookings, South Dakota.
Any person interested may appear and be heard in this matter.
Dated this 2nd day of March, 2012.
___________________________
Dan Hanson
Planning & Zoning Administrator
City of Brookings
March 27, 2012
194
Planning Commission
Brookings, South Dakota
March 12, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on Monday March 12, 2012, at 7:00 PM in the Council Chamber at City Hall. Members
present were Greg Fargen, Alan Gregg, Al Heuton, Donna DeKraai, John Sydow, Hal Bailey,
Mike Cameron, and Avery. John Gustafson was absent. Also present were Brian Gatzke, John
Mills, Al Rogers, Jason Stevenson, Todd Meierhenry, Community Development Director Mike
Struck, Planning and Zoning Administrator Dan Hanson and others.
Item #9 – The City of Brookings has submitted an amendment to the Vision 2020
Comprehensive Plan pertaining to the major street plan for 25th Avenue.
(DeKraai/Sydow) Motion to approve the amendment. All present voted
aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #9 – The Major Street Plan currently involved 25th Avenue from Highway 14 north to 9th
Street. The planned extension of 25th Avenue up to 10th Street warranted a change in the plan.
Heuton asked if the status of 25th Avenue could change depending upon the SDDOT‟s future 6th
Street project. Hanson felt the street would still remain a minor collector.
City of Brookings
March 27, 2012
196
Other Business
27. Consideration of adoption of 2012 Strategic Plan.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Consideration and adoption of proposed 2012 Strategic Plan
As a result of the annual goal-setting exercise, the City Council agreed by
consensus to adopt the attached six items as the 2012 Comprehensive
Strategic Plan. I have added language to the title of the items with a
commentary description and some supporting details designed to aid in the
implementation of each item.
Some of these specific details remain a work-in-progress, but with your
formal adoption of the six items and the COMMENTARY section, that will
give staff sufficient direction to begin the full-scale implementation of these
items.
The last sheet simply lists the various projects already committed by the
City and in various stages of implementation, or will be undertaken this
year. These are in addition to routine service delivery duties by the various
departments. The six items are re-stated at the top of the sheet.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
March 27, 2012
197
2012 STRATEGIC PLAN
CITY OF BROOKINGS
1) 34TH AVENUE/20TH STREET TRANSPORTATION CORRIDOR (Southeast Ring
Route)
COMMENTARY: This project involves building political and financial support for a long-
range transportation improvement project for the extension and improvement of 34th Avenue
from Prince Drive to I-29 exit 127; and a connection with the improvement of 20th Street from
22nd Avenue easterly to meet with 34th Avenue. This involves an additional overpass and full-
interchange at I-29. This new transportation corridor will serve as a southern perimeter ring
route to accommodate continued growth of Brookings. It will also enhance safety and alleviate
traffic congestion at Highway 14 and I-29 exit 132. It will serve to connect the growth of
industrial jobs on the east with the growth of residential development on the southwest. The
project will involve several phases over several years. In partnership with the SDDOT, the
comprehensive community transportation plan has been completed as has Phase I of the
project which was 34th Avenue from Hwy. 14 to Prince Avenue.
ACTION STEPS/TIMELINE:
a) Get the project on the SDDOT Statewide Transportation Improvement Plan (STIP).
b) Continue to work with federal agencies and the congressional delegation for federal
funding options.
LEAD STAFF ASSIGNMENT:
City Engineer Jackie Lanning
Community Development Director Mike Struck
Partners
East Brookings Business and Industry Council
BEDC Executive Director Al Heuton
CURRENT STATUS:
2) AIRPORT FUNDING PLAN
COMMENTARY: Federal funding participation has been reduced from 95 to 90 percent for
the current airport improvement project effective immediately. The State of South Dakota has
committed to make up this funding shortfall for 2012 by increasing the state apportionment
from three percent to eight percent for 2012 projects. The City will need to adjust its local
participation funding plan to accommodate this reduction in federal participation for subsequent
years.
ACTION STEPS/TIMELINE:
a) Adjust 2013-2016 CIP to reflect funding changes for balance of the project.
(September)
City of Brookings
March 27, 2012
198
LEAD STAFF ASSIGNMENT:
City Engineer Jackie Lanning
Airport Manager Philip Tiedeman
CURRENT STATUS:
3) OMNIBUS ECONOMIC DEVELOPMENT INITIATIVE
COMMENTARY: This item includes several, independent initiatives that, taken together,
provide an aggregated and comprehensive economic development workplan for Brookings. It is
intended to complement, not conflict or duplicate, the duly-adopted BEDC economic
development plan.
The individual initiatives include:
a) Identification/recruitment of job-producing commercial/industrial employers for the
Svennes, Foster,Tellkamp (south) and Weise properties.
b) Infill development for SDSU Innovation Campus.
c) Retail/service sectror recruitment and development.
d) Follow-up of the branding program for marketing/ advertising/promotion
e) Visitor promotion strategies
f) Implementation plan of BID revenues
g) Industrial land identification and acquisition
h) Identification/development of plan for conference/meeting facility improvements
i) Implementation of I-29 Corridor inititives
ACTION STEPS/TIMELINE:
TBD
LEAD STAFF ASSIGNMENT:
Community Development Director Mike Struck
Partners
BEDC Executive Director Al Heuton
BEDC Economic Development Specialist Ryan Brunner
Growth Partnership Interim Director Dwaine Chappel
CURRENT STATUS:
City of Brookings
March 27, 2012
199
4) REVIEW OF ON-SALE LIQUOR OPERATING AGREEMENTS
COMMENTARY: This project involves a comprehensive review of terms and conditions
embodied in the boilerplate operating agreements for on-sale liquor licenses. This review will
be undertaken without any specific establishment or application pending in order to promote as
much of an objective evaluation as possible. It has been several years since there have been any
material changes to this draft document with only minor adjustments to meet specific
conditions of the operating manager.
ACTION STEPS/TIMELINE:
a) Schedule informal meeting to discuss current document; Council to identify terms and
conditions to be revisited for possible changes. (May)
b) Develop policy options/alternatives for changes; conduct legal analysis. (June)
c) Hold public hearings on revised “boilerplate” document. (July)
d) Adopt revised document. (July/August)
LEAD STAFF ASSIGNMENT:
City Clerk Shari Thornes
City Attorney Steve Britzman
CURRENT STATUS:
5) “LEAN” GOVERNMENT PRACTICES
COMMENTARY: This initiative involves a comprehensive bottom-up analysis of the City‟s
service delivery operations to improve efficiency as well as effectiveness. But instead of
focusing on “what” we do, an examination of „lean government‟ focuses on the “how to”
considerations examining the systems behind the programs and services instead of what is being
done. Programmatic „systems‟ are where the costs of service delivery lie and refiguring such
systems is where efficiency improvements can be found to provide services better, faster, and
for less cost. Used extensively in the private sector for products, the applications of „lean‟
government are finding success in government services as well.
ACTION STEPS/TIMELINE:
a) Increase education among staff about „lean‟ government principles and practices.
b) Identify a specific program(s) or service(s) as a demonstration project(s) for
implementation.
c) Identify next level of services and programs subject to program implementation.
LEAD STAFF ASSIGNMENT:
TBD
CURRENT STATUS:
City of Brookings
March 27, 2012
200
6) TECHNOLOGY MASTER PLAN
COMMENTARY: Technological advancements are occurring in government at breakneck
speeds. As such, the City needs to develop a comprehensive plan that addresses the needs,
means, and methods of better utilizing technology for customer service. Since such technology
represents a significant capital investment, such strategies must be programmed into budgets
and integrated into departmental programs, services, and activities. Some external issues that
need to be identified are the expansion of high-speed fiber throughout the community, wy-fi
“hot spots”, and broadband capabilities. Some internal aspects that need to be developed into
this master plan are:
a) Hardware/software capital replacement and upgrades for specific services and
applications.
b) Social media considerations such as expanded utilization of twitter, facebook, and the
website that ensure they are kept current, transparent, and user-friendly.
c) Technological advances that further promote government transparency.
d) Technological integration for service improvement with the County in the new building.
e) Updates/upgrades to the public access channel.
f) Continued migration to on-line public interaction for specific services.
ACTION STEPS/TIMELINE:
TBD
LEAD STAFF ASSIGNMENT:
Finance Manager Rita Thompson
City Clerk Shari Thornes
IT Specialist Reed Walter
CURRENT STATUS:
MAJOR 2012 DEPARTMENTAL PROJECTS
Strategic Plan items:
34/20 Transportation Corridor
Airport funding plan
Omnibus Economic Development Initiative
Review of on-sale liquor operating agreements
“Lean” government practices
Technology Master Plan
Government Center City Manager
County Resource Center options City Manager
Bel Brands digester construction City Manager/Comm. Development
Gateway Project Community Development
South Campus Neighborhood re-zoning Community Development
Certification of TIF District 7 Community Development
City of Brookings
March 27, 2012
201
Industrial Land sales Community Development
Nature Park, phases I & II Parks and Recreation
Pheasant Nest Dog Park Parks and Recreation
Valley View Park Development Parks and Recreation
Playground Equipment at three parks Parks and Recreation
Swiftel Center storage addition Swiftel
City Hall remodel for Police Police/City Manager
East Fire Station Training Center Fire/City Manager
South Fire Station land procurement Fire/City Manager
Ordinance re-codification City Clerk
Curbside recycling automation Solid Waste
Library inter-loan systems upgrade Library
Collective bargaining agreements Human Resources
Software module upgrades Finance/IT
Airport re-alignment Engineering
32nd Avenue Engineering
25th Avenue Engineering
20th Street Engineering
Nelson pond storm drainage Engineering
Pheasant Nest storm drainage Engineering
Camelot Square storm drainage Engineering
Weise Addition storm drainage Engineering
City of Brookings
March 27, 2012
202
Other Business
28. Adjourn