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Home My WebLink About2012_11_20 CC PKT1 Brookings City Council Tuesday, November 20, 2012 5:00 p.m. Study Session Brookings City & County Government Center Community Room, Room 300 520 Third Street 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. 1. Finance Staff update, revenue and expenditure financial reports. Attachments: a. Quarterly Expenditure Report b. Monthly Sales Tax Report including Brookings Improvement District Revenue c. Quarterly Brookings Municipal Liquor Store Report General topics that staff needs to communicate to Council on, but do not need a full discussion or feedback from Council; a brief written update is sufficient. However, if requested, update can be moved to discussion agenda. 2. Possible ordinance, draft ban on texting while driving. Attachments: a. City of Sioux Falls ordinance b. FAQ sheet - Staff presentation- Police - Council Questions/Discussion - Item to return to Council for consideration or adoption at later date 3. Possible ordinance, draft amendment to Conditional Use Permit process. Attachments: a. Ordinance as amended by Council with proposed amendments b. Ordinance Background c. Staff Memo Dated 10-23-12 d. Conditional Use Permit History 2010-2012 e. Conditional Use Excerpts from Zoning Ordinance f. Article: “NLC Your Regulatory Environment” g. Correspondence from State Historic Preservation Office - Staff presentation- Community Development - Council Questions/Discussion - Item to return to Council for consideration or adoption at later date November 20, 2012 City of Brookings 2 4. Possible policy, use of excess material for construction projects. Attachments: Draft resolution promulgating a draft policy - Staff presentation- City Manager - Council Questions/Discussion - Item to return to Council for consideration or adoption at later date 5. Revisit tax increment finance (TIF) process and policy. Attachments: a. Existing policy on use of Tax increment Finance b. Informational materials from other communities (3) - Staff presentation – City Manager - Council Questions/Discussion - Item to return to Council for consideration or adoption at later date 6. City Manager update, progress of hotel-conference center MOU research. Attachments: Executed Memorandum of Understanding 7. Council Reports: A. Ex-Officio Reports B. Joint Powers Board 8. Identify topics for future study sessions (motion required). 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. 9. Adjourn Brookings City Council Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member Council Members Tom Bezdichek, Jael Thorpe, John Kubal, Mike McClemans, Ope Niemeyer Council Staff Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm / Thursday 7:00pm / Friday 9:00pm / Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org Assisted Listening Systems (ALS) are available upon request. Please contact Shari Thornes, Brookings City Clerk, at 605-692-6281 or sthornes@cityofbrookings.org. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 605-692-6281 at least three working days prior to the meeting. November 20, 2012 City of Brookings 3 1. Finance Staff update, revenue and expenditure financial reports. Attachments: a. Quarterly Expenditure Report b. Monthly Sales Tax Report including Business Improvement District Revenue c. Quarterly Brookings Municipal Liquor Store Report General topics that staff needs to communicate to Council on, but do not need a full discussion or feedback from Council; a brief written update is sufficient. However, if requested, update can be moved to discussion agenda. 2012 Jan-Sept % of Bud 2012 Jan-Sept % of Bud Dept Description Budgeted Actual Received Budgeted Actual Used 000 General Revenues 14,595,842 7,666,880 52.53%- - N/A 401 Mayor & Council - - N/A 108,280 59,359 54.82% 403 City Clerk 26,000 18,781 72.23%326,023 240,805 73.86% 405 Non-Departmental - - N/A 360,021 59,139 16.43% 406 City Manager - - N/A 176,948 129,537 73.21% 412 City Attorney - - N/A 75,600 56,042 74.13% 414 Human Resources 2,000 925 46.25%200,070 139,530 69.74% 415 Finance 16,550 10,713 64.73%424,217 310,568 73.21% 416 IT - - N/A 157,009 105,088 66.93% 417 Government Buildings - - N/A 235,848 127,406 54.02% 418 Community Development 35,825 27,662 77.21%1,179,958 307,821 26.09% 419 Engineering 101,550 108,499 106.84%468,950 346,086 73.80% 420 52% County Reimburseme 71,695 29,045 40.51%137,875 64,438 46.74% 421 Police Services 214,923 147,162 68.47%3,363,541 2,286,675 67.98% 422 Fire Protection Services 83,121 89,565 107.75%1,686,454 978,300 58.01% 424 Hydrant Rental - - N/A 95,000 57,577 60.61% 431 Street 48,000 16,509 34.39%3,148,458 1,892,480 60.11% 442 Animal Control 21,350 17,131 80.24%94,422 61,878 65.53% 449 Aquitic Center 200,000 196,617 98.31%391,960 312,808 79.81% 451 Recreation 131,260 101,922 77.65%325,933 241,853 74.20% 452 Parks 20,000 55,879 279.40%1,292,776 852,079 65.91% 453 Ice Arena 150,000 56,849 37.90%287,804 196,764 68.37% 454 Forestry 10,000 45,478 454.78%469,124 357,819 76.27% 455 Library 31,500 22,992 72.99%991,496 727,168 73.34% 495 Subsidies - - N/A 850,047 680,135 80.01% 101 Total General Fund 15,759,616 8,612,609 54.65%16,847,814 10,591,355 62.86% 212 25% Sales & Use Tax/ord 1,270,500 841,469 66.23%2,028,995 124,182 6.12% 213 75% Public Improvements/o 3,954,041 2,553,957 64.59%7,361,306 1,062,548 14.43% 214 E911 553,335 321,196 58.05%543,041 380,396 70.05% 224 Swiftel Center 2,107,326 1,473,033 69.90%2,243,320 1,465,282 65.32% 226 Library Fines 30,400 21,441 70.53%35,000 19,083 54.52% 227 Library Donations 25,500 22,007 86.30%35,000 18,258 52.17% 280 Special Assessment 910,500 298,658 32.80%1,580,000 396,019 25.06% 282 Storm Drainage 1,121,300 394,951 35.22%2,105,186 1,261,297 59.91% 284 3rd Penny Sales Tax 752,000 478,878 63.68%723,293 659,048 91.12% 285 Pillow Tax 400,000 79,671 19.92%50,000 - 0.00% 200 Special Revenue Funds 11,124,902 6,485,261 58.29%16,705,141 5,386,113 32.24% 314 TIF #1 Debt Service 132,107 66,291 50.18%132,107 75,236 56.95% 316 TIF #3 Debt Service 113,587 63,029 55.49%113,587 144,235 126.98% 317 TIF #4 Debt Service 76,472 33,832 44.24%76,472 35,809 46.83% 300 Debt Service Funds 322,166 163,152 50.64%322,166 255,280 79.24% Revenue Expenditures Period 01 - 09 75% of Year Fiscal Year 2012 Budgeted to Actual Revenue and Expenditure 2012 Jan-Sept % of Bud 2012 Jan-Sept % of Bud Dept Description Budgeted Actual Received Budgeted Actual Used Revenue Expenditures Period 01 - 09 75% of Year Fiscal Year 2012 Budgeted to Actual Revenue and Expenditure 518 City/County Bldg Project 1,878,970 2,191,226 116.62%4,477,818 4,330,501 96.71% 519 Natue Park Project 862,274 4,578 0.53%2,640,444 308,925 11.70% 520 Gateway Project 132,125 1,719 1.30%944,974 306,417 32.43% 522 Bel Digester - - N/A - 268,000 #DIV/0! 500 Project Funds 2,873,369 2,197,523 76.48%8,063,236 5,213,843 64.66% 601**Liquor 1,530,300 1,461,134 95.48%1,416,908 823,314 58.11% 606 Airport 4,491,732 106,511 2.37%4,647,761 653,799 14.07% 607 Edgebrook Golf Course 638,117 437,699 68.59%630,048 414,949 65.86% 612 Solid Waste Collection 1,065,250 788,343 74.01%1,097,435 615,902 56.12% 625 Landfill 2,106,000 1,457,943 69.23%2,166,361 1,043,592 48.17% 630 Research & Tech Center 135,000 82,895 61.40%115,765 73,948 63.88% 600 Enterprise Funds 9,966,399 4,334,525 43.49%10,074,278 3,625,504 35.99% 721 Unemployment Compen N/A 16,453 N/A N/A - N/A 801 Health Insurance N/A 1,414,716 N/A N/A 979,354 N/A Internal Service Funds N/A 1,431,169 N/A N/A 979,354 N/A **Not an accurate presentation due to using revenue funds for liquor purchases- see separate report for Liquor Fund. General 25% Sales 75% Sales E-911 Swiftel Library Library Special Storm 3rd Pillow Fund Tax Tax Center Fines Donation Assessment Drainage Penny Tax Tax Cash & Investments 1,813,810 1,633,067 5,074,256 149,722 19,905 28,613 64,031 (259,233) 650,949 314,927 79,671 Restricted/Reserved Cash 2,668,920 - - - - - - - - - - Other Assets 4,750,598 - - - 96,100 - - 561,222 1,644 35,000 - Total Assets 9,233,328 1,633,067 5,074,256 149,722 116,005 28,613 64,031 301,989 652,593 349,927 79,671 Liabilities 71,506 - - - 229,918 - - 312,239 1,873 - - Unspend/Rest/Committ/Assign 8,618,810 1,633,067 5,074,256 149,722 21,944 28,613 64,031 650,720 349,927 79,671 Unassigned 543,012 - - - (135,857) - - (10,250) - - - Total Fund Balance 9,161,822 1,633,067 5,074,256 149,722 (113,913) 28,613 64,031 (10,250) 650,720 349,927 79,671 Total Liab and Fund Balance 9,233,328 1,633,067 5,074,256 149,722 116,005 28,613 64,031 301,989 652,593 349,927 79,671 TIF #1 TIF #3 TIF #4 City/County Nature Park Gateway Bel Digester Liquor Airport Edgebrook Solid Waste Debt Service Debt Service Debt Service Bldg Project Project Project Project Store Golf Course Collections Cash & Investments 89,707 1,121 - 497,927 1,823,267 508,152 (268,000) 1,713,352 (673,360) 24,145 611,703 Restricted/Reserved Cash - - - - - - - - - - - Other Assets - - - 48,038 - - - 1,284,490 4,517,502 1,035,251 753,772 Total Assets 89,707 1,121 - 545,965 1,823,267 508,152 (268,000) 2,997,842 3,844,142 1,059,396 1,365,475 Liabilities 1,755,471 - - 134,492 - - - 113,471 11,965 114,652 56,253 Reserved/Restricted Fund Bal - 1,121 - 411,473 1,823,267 508,152 - - - - Unreserved Fund Balance (1,665,764) - - - - - (268,000) 2,884,371 3,832,177 944,744 1,309,222 Total Fund Balance (1,665,764) 1,121 - 411,473 1,823,267 508,152 (268,000) 2,884,371 3,832,177 944,744 1,309,222 Total Liab and Fund Balance 89,707 1,121 - 545,965 1,823,267 508,152 (268,000) 2,997,842 3,844,142 1,059,396 1,365,475 Governmental Funds Balance Sheet (unaudited) 30-Sep-12 Governmental Funds Enterprise Funds Balance Sheet (unaudited) 30-Sep-12 Landfill Research Unemploy Self Section 125 Rural I-29 & Tech Ctr Comp Insurance Plan Fire Assoc Corridor Cash & Investments 571,902 112,369 15,013 4,445,110 897 1,897 38,714 Restricted/Reserved Cash 2,622,231 - - - - - - Other Assets 4,757,895 1,729,322 - - - - - Total Assets 7,952,028 1,841,691 15,013 4,445,110 897 1,897 38,714 Liabilities 662,403 - - - 897 1,897 38,714 Reserved/Restricted Fund Bal 1,415,292 - - - - - - Unreserved Fund Balance 5,874,333 1,841,691 15,013 4,445,110 - - - Total Fund Balance 7,289,625 1,841,691 15,013 4,445,110 - - - Total Liab and Fund Balance 7,952,028 1,841,691 15,013 4,445,110 897 1,897 38,714 Fiduciary FundsInternal Service FundsEnterprise Funds BROOKINGS MUNICIPAL LIQUOR STORE ANNUAL REPORT 3rd QUARTER FINANCIAL STATEMENT OPERATING OPERATING TOTAL ~~~~~~~~~~~~~~~2012~~~~~~~~~~~~~~LIQUOR MALT & BEER Sales 360,557 1,181,141 1,541,698 Less Discount/ Paid Out - Sales (Net)360,557 1,181,141 1,541,698 Cost of Sales: Purchases (net)324,781 1,073,979 1,398,760 EST Total Cost of Sales 324,781 1,073,979 1,398,760 GROSS PROFIT 35,776 107,162 142,938 OPERATING EXPENSES Personnel Costs/ Retail 11,500 Total Expenses 11,500 NET OPERATING AGREEMENT INCOME BEFORE TRANSFERS 131,438 net profit margin = net operating income/net sales 8.53% RETAIL RETAIL RETAIL RETAIL RETAIL TOTAL LIQUOR WINE BEER LOTTERY MISC Sales 496,774 142,284 252,695 8,216 45,076 945,045 Discounts/ net kegs/Lott Payout/Deposit Adj (6,022) (4,137) 533 (1,614) 126 (11,114) Sales (Net)490,752 138,147 253,228 6,602 45,202 933,931 Cost of Sales: Inventory July 1, (at cost)380,383 213,414 62,230 845 25,597 682,469 Purchases (net)417,866 100,865 187,663 6,652 34,934 747,980 Less Inventory Sept , (at cost)443,916 211,004 58,227 1,188 25,598 739,933 Total Cost of Sales 354,333 103,275 191,666 6,309 34,933 690,516 GROSS PROFIT 136,419 34,872 61,562 293 10,269 243,415 gross profit margin=gross profit/net sales 27.80%25.24%24.31%4.44%22.72%26.06% OPERATING EXPENSES Current Expenses Personnel Costs/ Retail 106,061 Personnel Costs/ Operating and Malt (11,500) Capital Costs Under $5000 58,537 Depreciation Expense 9,489 EST Total Expenses 162,587 Add Nonoperating Revenue Interest 1,306 Other income Rent Total Other Income 1,306 NET RETAIL INCOME BEFORE TRANSFER 82,134 8.79% Operating Transfer Out To General Fund (312,500) Operating Transfer Out To Edgebrook (50,000) * inlcudes a correcting Journal entry to move refund mall rent from the rent revenue account to the correct rent expense account. November 20, 2012 City of Brookings 13 2. Possible ordinance, draft ban on texting while driving. Attachments: a. City of Sioux Falls ordinance b. FAQ sheet - Staff presentation- Police - Council Questions/Discussion - Item to return to Council for consideration or adoption at later date November 20, 2012 City of Brookings 14 City of Sioux Falls, SD Ordinance Section 40-1. Definitions. Electronic communication device means wireless or cellular phones, PDAs, BlackBerries, smartphones, MP3 players, laptop or notebook computers utilizing VoIP (Voice-over Internet Protocol) technology, wireless and cellular phones utilizing push-to-talk technology, and any other mobile communication device that uses shortwave analog or digital radio transmission between the device and a transmitter to permit wireless communications to and from the user of the device. Electronic message means a self-contained piece of digital communication that is designed or intended to be transmitted between two physical devices. An electronic message includes, but is not limited to, email, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. An electronic message does not include the use of global positioning or navigation systems or voice or other data transmitted as a result of making a phone call or data transmitted automatically by a wireless communication device without direct initiation by a person. Section 40-236. Prohibition on use of electronic message. (a) No person may operate or be in actual physical control of a motor vehicle while using a handheld electronic communication device to compose, read, or send an electronic message when the vehicle is in motion or a part of traffic. Section 40-237. Exceptions on use of electronic communication devices and electronic message. Section 40-236 shall not apply if the electronic communication device is being used: (a) In the reasonable belief that a person’s life or safety is in immediate danger; or (b) In an emergency vehicle while in the performance of official duties November 20, 2012 City of Brookings 15 City of Sioux Falls, SD Frequently Asked Questions What does the law do? Beginning Friday, Sept. 28, 2012, Sioux Falls City Ordinance will prohibit drivers from texting, emailing, instant messaging, and surfing the Internet while their vehicle is a part of traffic within the city limits of Sioux Falls. Am I allowed to text, email, instant message, or surf the Internet at a traffic light or stop sign? The ordinance prohibits doing any of these activities while a “part of traffic,” which does include stopping at a stop light or stop sign. What is the fine for violating this law? Violation of this ordinance is punishable with a $95 fine or, if found guilty by a judge in court, a maximum of 30 days in jail and a fine of up to $200. May a police officer pull over a driver suspected of violating this ordinance or does an officer need to witness another violation? Violation of this ordinance is considered a primary offense, which means that a police officer may pull over a driver suspected of texting, emailing, instant messaging and surfing the Internet. Am I prohibited from using my GPS unit or using my cell phone to make calls while driving? The ordinance does not prohibit the use of a GPS unit or making a cell phone call. November 20, 2012 City of Brookings 16 3. Possible ordinance, draft amendment to Conditional Use Permit Process. Attachments: a. Ordinance as amended by Council with proposed amendments b. Ordinance Background c. Staff Memo Dated 10-23-12 d. Conditional Use Permit History 2010-2012 e. Conditional Use Excerpts from Zoning Ordinance f. Article: “NLC Your Regulatory Environment” g. Correspondence from State Historic Preservation Office - Staff presentation- Community Development - Council Questions/Discussion - Item to return to Council for consideration or adoption at later date November 20, 2012 City of Brookings 17 Ordinance No. 25-12 An Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to the Conditional Use Permit process 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 V. CONDITIONAL USES DIVISION 2. PERMIT Sec. 94-221. Generally The Planning Commission City Council may authorize by Conditional Use Permit the uses designated in this chapter when located in a zoning district allowing such use. The Planning Commission City Council shall impose such conditions as a part of the Conditional Use Permit as are appropriate and necessary to insure compliance with the Comprehensive Plan and to protect the public’s health, safety and general welfare. Unless expressly modified by the Board of Adjustment, all regulations of the zoning district in which the use is located shall apply. Sec. 94-222. Application To obtain a Conditional Use Permit, the applicant shall file a written application on a form furnished by the Community Development City Engineering Department. The application shall be submitted on or before the 15th of any month prior to the next regularly scheduled Planning Commission meeting. Every application shall contain the following information: 1. Legal description of the land upon which such conditional use is requested, together with local street address 2. Name and address of each owner of the property 3. Name, address, phone number and signature of the applicant 4. Zoning district classification under which the property is regulated at the time of such application 5. Be accompanied with a site plan unless waived by the Community Development City Engineering Department 6. Any other information concerning the property as may be requested by the Community Development City Engineering Department Sec. 94-223 Fees. Upon the filing of any application for a Conditional Use Permit, the applicant shall pay to the City the appropriate fee as designated in Chapter 66 of this code. Sec. 94-224. Information on Site Plan. (a) In addition to the following information, plans shall be drawn to scale upon substantial paper or provided electronically cloth and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of this ordinance and all other relevant laws, ordinances, rules and regulations. The Community November 20, 2012 City of Brookings 18 Development City Engineering Department may waive the submission of plans if the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this ordinance. The site plan shall contain the following: 1. The address of the property and the legal description 2. The name of the project and/or business 3. The scale and north arrow 4. All existing and proposed buildings or additions and uses 5. Dimensions of all buildings 6. Distance from all building lines to the property lines at the closest points 7. Building height and number of stories 8. Dimensions of all property lines 9. Parking lots or spaces - designate each space, give dimensions of the parking lot, stalls and aisles 10. Perimeter screening - show height, location and type of material to be used any fencing, walls or hedges 11. Landscape plantings - The landscaped setback and trees; indicate species, location, and number of trees and material to be used for landscaping 12. Name and location of all adjacent streets, alleys, waterways and other public places 13. Interior screening – show height, location and type around parking lot and dumpster 14. Signage – indicate location of all freestanding signage 15. Lighting – show location and type of parking lot and exterior building wall lighting 16. Architecture – provide representative elevations of all buildings (b) Approved plans shall not be changed, modified, or altered without authorization from the Planning Commission or City Council giving final approval, and all work shall be done in accordance with the approved plans. Sec. 94-225. Planning Commission Hearing. (a) Setting of date. Upon the filing of an application for a Conditional Use Permit with the Zoning Administrator Officer accompanied by the fee in the manner prescribed in Chapter 66 of this code, the Zoning Administrator Officer shall set a date for public hearing. The date for a public hearing shall be a day when the Planning Commission is regularly scheduled to meet as determined by the rules, policies and regulations as adopted by the Planning Commission. Public notice for this meeting and changes to be considered shall be given by publishing ten days in advance by publication in a legal newspaper of the municipality, the date of the hearing and the time and place when and where all persons interested shall be given an opportunity to be heard. (b) Posting signs. Signs shall be posted on the property at least for a continuous period of seven (7) days immediately prior to any public hearing held by the Planning Commission to consider the application. Said signs shall be furnished by the City and posted by the applicant in the numbers and locations prescribed by the Zoning Administrator Officer. Said signs shall be removed and disposed of properly within three days returned to the Zoning Officer one day after the public hearing on the request. November 20, 2012 City of Brookings 19 Sec. 94-226. Planning Commission Decision Report. The Planning Commission shall consider the stated criteria, the objectives of the comprehensive plan, and the purpose of the zoning ordinance and its relevant zoning districts when making a decision to approve or disapprove a conditional use request. submit to the City Council a final report containing its recommendations on those applications for Conditional Use Permits which it has considered. If no report is received from the Planning Commission in sixty-five (65) days, the Conditional Use Permit shall be considered approved. The Planning Commission, in making its determination on an application, may approve, modify, or deny said application. Sec. 94-226.5 Appeal The decision rendered by the Planning Commission on a conditional use permit may be appealed to the City Council. To appeal the decision, the applicant or any person aggrieved by said decision shall file a written appeal with the Community Development Department within five (5) working days of the decision. Amendment approved at October 23, 2012 City Council meeting: The decision rendered by the Planning Commission on a conditional use permit may be appealed to the City Council. To appeal the decision, the applicant, or any interested party may file a written appeal with the Community Development Department within five (5) working days of the decision. An interested party includes any person having an interest in the decision of the Planning Commission, including any agency of government or member of the City Council. Sec. 94-227. City Council Hearing. When an appeal from the decision of the Planning Commission has been filed in accordance with Sec. 94-226.5, the City Council shall conduct a public hearing to act on the application. (a) Publication of time and place. The City Council shall conduct a public hearing to act on all applications which have been processed and forwarded to it for public hearing as provided in this ordinance. The City Manager or designee shall cause to be published, ten days prior to the date of the public hearing adoption of the ordinance, the time and place, when and where all persons interested shall be given an opportunity to be heard. (b) Posting signs. Notice of such hearing shall may also be required to be given by posting signs on the property. Signs shall be posted on the property at least seven (7) days immediately prior to any public hearing held by the City Council to consider the application. Said signs shall be furnished by the City and posted by the appellant, if the appellant is the applicant, in the numbers and locations prescribed by the Zoning Administrator. If the appellant is not the applicant, said signs shall be posted by the Zoning Administrator or his designee. Said signs shall be removed and disposed of properly within three days after the public hearing on the request. If signs are required by the Zoning Officer, the regulations as set forth in Section 94- 225(b) shall apply. (c) Hearing. At the public hearing on any application for a conditional use permit, the city council shall review the decisions and recommendations of the planning commission of any November 20, 2012 City of Brookings 20 application coming before the city council as provided in this chapter. The city council, in making its determination of such application, may amend the application in accordance with or in modification or rejection of the decision recommendation of the Planning Commission. Sec. 94-228. Amendments Amendments shall be processed in the same manner as a Conditional Use Permit is processed. The City Council or Planning Commission gives final approval, and all work shall be completed and enforced in accordance with the approved plan. Approved plans shall not be amended without approved authorization as noted below: Plan Amendments (a) Any approved conditional use plan or conditional use plan addendum may be amended as provided in this section, or entirely withdrawn by the applicant. The Community Development Department may approve administrative amendments to an approved plan without notice or hearings, after consideration of the record from the original public hearing on the plan. (b) Minor changes to an approved conditional use plan shall be done administratively. Minor changes may include minor relocation or reorientation of buildings, lot lines, or easements; relocation of points of access; relocation of internal access and circulation; minor relocation or rearrangement of parking areas; reduction in the designated parking spaces, but not less than required under Division 4. Parking, Stacking, and Loading; and reorientation of landscaping. Major changes to an approved conditional use plan shall follow the public hearing approval process. Major changes may include major relocation or reorientation of buildings or parking areas which have external impacts on adjacent property; and major reductions in landscaping or screening, but not less than required under Section 94-399. Sec. 94-229. Expiration. (a) A conditional use permit shall expire one (1) year from the date upon which it becomes effective if no significant work has commenced. Upon written request to the Community Development Director and prior to the conditional use permit expiration date, a one-year time extension for the conditional use permit may be granted, subject to the following conditions: (1) There was no public objection presented during the public hearing process for the original conditional use permit; (2) The land uses for the surrounding properties have not changed or significantly altered since the original approval date for the conditional use permit; (3) The project could not be substantially completed within the required one-year time frame due to unforeseen circumstances related to engineering and environmental studies or construction delays relating to specific elements of the project. November 20, 2012 City of Brookings 21 (b) A conditional use permit approved in accordance with Article V. Conditional Uses, shall expire one year after the use discontinues on the premises, or the use is changed to another permitted use in the underlying district. Sec. 94-230. Preexisting Uses. An existing use eligible for a Conditional Use Permit which was lawfully established on the effective date of this title shall be deemed to have received a Conditional Use Permit as herein required and shall be provided with such permit by the city upon request, and it shall not be a nonconforming use, provided, however, for any enlargement, extension, or relocation of such existing use, an application in accordance with this section shall be required. Sec. 94-231. Reapplication. No applicant requesting a Conditional Use Permit whose application includes the same or substantially the same requirements for the same or substantially the same property as that which has been denied by the Planning Commission or City Council shall be again considered by the Planning Commission before the expiration date of six (6) months from the date of the final action on the original petition. Sec. 94-232. Permit Revocation If the Community Development Director finds, at any time, that the terms, conditions, and requirements of the conditional use permit have not been complied with, or that any phase thereof has not been completed within the time required under said conditional use permit, or any amendment thereto, the Director shall report this fact to the permittee and the Planning Commission. The Planning Commission may, after conducting a public hearing, of which the permittee shall be notified, submit a recommendation to the City Council for their consideration and action. The City Council may, after a public hearing of which the permittee shall be notified, revoke such conditional use permit for failure to comply with such terms, conditions, and requirements, or take such other action as it may deem necessary to obtain compliance. Section 2. Any or all ordinances in conflict herewith are hereby repealed. First Reading: Second Reading: Published: CITY OF BROOKINGS, SD ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk November 20, 2012 City of Brookings 22 Proposal: Modify the conditional use permit application procedures in order to expedite non- controversial requests. Specifics: These amendments were discussed at the August meeting. There were only minor tweaks to the document based on your comments. As was noted last month, the major focus is on reducing the time necessary for a resident to obtain a conditional use permit. This could be done by eliminating the involvement of the governing body when there are no controversial issues with a request. If there are concerns, then an appeal process is provided for either the applicant or other aggrieved party. A final draft of Article V. shows the changes in red. Several sections were modified extensively, and a new section was added. Please note that the last page has the South Dakota Codified Law references for conditional uses. Recommendation: The Planning Commission voted 6 yes and 0 no to recommend approval of the changes. November 20, 2012 City of Brookings 23 DATE: October 23, 2012 TO: Mayor and City Council Jeff Weldon, City Manager FROM: Mike Struck, Community Development Director RE: Proposed Amendments to the Conditional Use Permit Process The City of Brookings Zoning Ordinance defines a conditional use as a use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided in this ordinance, of the impact of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted. A conditional use permit is a permit issued by the City stating that a conditional use complies with all conditions and standards set forth in this ordinance and authorized by the respective authority. The Zoning Ordinance, in its entirety, can be found in Chapter 94 of the Code of Ordinances located on the City’s webpage www.cityofbrookings.org Each zoning district contains a list of permitted uses, permitted special uses, and conditional uses and each must meet the density, area, yard, height requirements, parking, signage, and landscaping requirements for that particular zoning district unless expressly modified by the Board of Adjustment. A conditional use must also meet the minimum standards developed for a particular use and the Planning Commission and/or City Council may specify additional requirements in their discretion that are pertinent to the conditional use. The attached document, Conditional Use Data October 2012, lists the conditional uses identified in the zoning ordinance by their respective zoning districts as well as the minimum standards that must be met when being considered for a conditional use. In addition, the Planning Commission and/or City Council have the discretion to add additional requirements pertinent to the specific conditional use under consideration. South Dakota Codified Law provides the following guidance on authorizing a conditional use permit: 11-4-4.1. Ordinance authorizing conditional use of real property--Content--Approval or disapproval of request. A municipal zoning ordinance adopted pursuant to this chapter that authorizes a conditional use of real property shall specify the approving authority, each category of conditional use requiring such approval, the zoning districts in which a conditional use is available, and the criteria for evaluating each conditional use. The approving authority shall consider the stated criteria, the objectives of the comprehensive plan, and the purpose of the zoning ordinance and its relevant zoning districts when making a decision to approve or disapprove a conditional use request. The statute provides flexibility by the municipality to determine the approving authority. This is in part due to the wide variety of methods utilized by municipalities in the conditional use process. November 20, 2012 City of Brookings 24 The proposed amendments to the conditional use process will streamline the process for those conditional use applications that meet the requirements of the zoning ordinance and have little to no adverse impacts on the neighborhood in which the use is to be located. A review of the conditional use requests since 2010 revealed 80% of the requests had no opposition or adverse impacts. The proposed amendment language would have allowed these requests if approved by the planning commission to obtain a conditional use permit five business days after the planning commission’s determination. However, the current process extends out an additional eight weeks when factoring in the first and second reading and twenty day referral period of the ordinance. Staff reviewed the conditional use process to determine if there were areas where the process could be more efficient, in particular for those requests in which no opposition or adverse impacts are apparent. For conditional uses in which there is opposition or adverse impacts, aggrieved parties can appeal the decision of the Planning Commission to the City Council. An appeal hearing would be scheduled at a regularly scheduled City Council meeting following public notice and posting of signs on the property of the proposed conditional use. In addition to streamlining the approval process, other proposed changes include adding additional criteria for the site plan to aid in the decision making process, making the posting of signs on the property for an appeal mandatory, and major and minor plan amendments. Minor plan amendments are intended to allow applicants the opportunity to make minimal changes to their site plan, which have no external impacts on adjacent property. Major amendments would follow the normal public hearing process. The City Attorney reviewed the proposed amendments and offered the following amendment to the appeal process: Sec. 94-226.5 Appeal. The decision rendered by the Planning Commission on a conditional use permit may be appealed to the City Council. To appeal the decision, the applicant, or any interested party may file a written appeal with the Community Development Department within five (5) working days of the decision. An interested party includes any person having an interest in the decision of the Planning Commission, including any agency of government or member of the City Council. Questions or concerns raised at the October 9th City Council meeting centered on the public comment period, appeal process, and historic preservation. The public notice and hearing requirements remain the same for the Planning Commission. If an appeal of the Planning Commission’s decision is not filed, the process concludes with a permit issued five working days after the Planning Commission’s decision. If an appeal is filed, then the public hearing process continues similar to the current status whereas notice is published and a hearing is held at a regularly scheduled City Council meeting. There is a small change in the signage postings for the City Council public hearing in which the signs now become mandatory with a posting date of seven days immediately prior to the public hearing. The previously language was permissive. November 20, 2012 City of Brookings 25 The second item of discussion involves the appeal process and who determines what is considered “controversial”. Staff recommends the language of an aggrieved party or applicant may file an appeal of the decision of the Planning Commission. This language requires someone who has standing on the issue to initiate the appeal process rather than staff making a determination. The third item relates to comments concerning the ability of the Brookings Historic Preservation Commission (BHPC) to review and comment on conditional uses. The BHPC has the same opportunity as any interested party to comment on the conditional use at the Planning Commission public hearing. Section 46-26 of the Code of Ordinances is enclosed for your review: Sec. 46-26. - Coordination with the planning commission, board of adjustment, board of appeals and city departments. comments to be given to state historic preservation office. (a) The planning commission, the board of adjustment, the city building official and city departments shall, through the city manager, notify the BHPC of matters pertaining to property on the local register, the National Register of Historic Places, and the state register of historic places. The BHPC shall be given this notice about proposed work as soon as the matters pertaining to property on the local, state and national registers are received by the foregoing city officials. (b) The BHPC shall then investigate and prepare its comments on the proposed work. The BHPC's comments shall be considered and adopted at the BHPC regular meeting unless the chair determines that a special meeting shall be called. The BHPC shall promptly submit its comments to the city manager and to all affected departments so that the comments will be received prior to the time a decision on proposed work is made by the city department. (c) The city manager shall give timely notice to the BHPC of all projects on which review by the state historic preservation office is required under SDCL 1-19A-11.1, and the BHPC may conduct research and prepare comments on the project. A distinction needs to be made about the difference between a conditional use permit and a building permit. A conditional use permit authorizes the use of the property, whereas the building permit authorizes construction activity. If an applicant applies for a building, moving, or demolition permit for a property contained in one of the designated historic districts, notification is provided to the BHPC to begin the 11.1 review process. Options for the City Council to consider are: • Adopt the amendments as proposed. • Incorporate City Attorney’s amendment into the changes. • Refer the amendments to a study session. • Do nothing with the proposed amendment and maintain status quo. November 20, 2012 City of Brookings 26 CONDITIONAL USE PERMIT HISTORY (January 2010 - June 2012) DATE REQUEST OPPOSITION/ PC RECOMMENDATION ADVERSE IMPACTS 2-2-2010 Home Occupation none denied – non compliance 2-2-2010 Contractors Shop none approved 3-2-2010 Private Stable none approved 4-6-2010 Contractors Shop none approved 5-4-2010 Church in B-2 none approved 7-6-2010 Office in R-2 none approved 10-5-2010 Home Occupation none approved 12-7-2010 Home Occupation none approved 3-1-2011 Brewpub in B-1 none approved 3-1-2011 Office in R-2 none approved 8-2-2011 Office in R-2 yes - Substantial denied* 10-4-2011 Home Occupation yes – minor denied 12-6-2011 Apartment in R-2 none approved 2-7-2012 Home Occupation yes - minor approved 3-12-2012 Kennel in B-3 none approved * Applicant withdrew request prior to CC meeting November 20, 2012 City of Brookings 27 Conditional Use excerpts from the Zoning Ordinance Definitions: Conditional Use: A use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided in this ordinance, of the impact of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted (See Conditional Use Permit) Conditional Use Permit: A permit issued by the City or by Joint City and County authority stating that a conditional use complies with all conditions and standards set forth in this ordinance and authorized by the respective authority. Sec. 94-122. AGRICULTURAL A DISTRICT (e) Conditional Uses. 1. Airport 2. Quarry 3. Cemetery 4. Hot mix plant 5. Private or riding stable 6. Campground/RV Park 7. Animal Hospital 8. Kennel Sec. 94-123 RESIDENCE R-1 RURAL ESTATE DISTRICT (e) Conditional Uses. 1. Family day care 2. Major home occupation 3. Private lake 4. Private or riding stable Sec. 94-124. RESIDENCE R-1A SINGLE-FAMILY (e) Conditional Uses. 1. Agriculture 2. Major home occupation 3. Public recreation facility 4. Non-municipal library, museum, art gallery, 5. Private lake 6. Private stable Sec. 94-125 RESIDENCE R-1B SINGLE-FAMILY (e) Conditional Uses. 1. Vocational or trade school 2. Retirement or nursing home November 20, 2012 City of Brookings 28 3. Two family dwelling 4. Group home 5. Major home occupation 6. Public recreation facility 7. Non-municipal library, museum, art gallery, 8. Private lake 9. Bed and breakfast establishment Sec. 94-125.5 RESIDENCE R-1C SINGLE-FAMILY (e) Conditional Uses. 1. Retirement or nursing home 2. Two family dwelling 3. Group home 4. Major home occupation 5. Public recreation facility 6. Bed and breakfast establishment Sec. 94-126. RESIDENCE R-2 TWO-FAMILY DISTRICT (e) Conditional Uses. 1. Vocational or trade school 2. Retirement or nursing home 3. Group home 4. Major home occupation 5. Public recreation facility 6. Non-municipal library, museum, art gallery, community center, private club or lodge 7. Domestic abuse shelter 8. Townhouse 9. Apartment or condominium 10. Office 11. Bed and breakfast establishment 12. Fraternity/Sorority 13. Day Care Facility Sec. 94-127. RESIDENCE R-3 APARTMENT DISTRICT (e) Conditional Uses. 1. Public recreation facility 2. Non-municipal library, museum, art gallery, community center, private club or lodge 3. Major home occupation 4. Vocational or trade school 5. Office 6. Bed and breakfast November 20, 2012 City of Brookings 29 Sec. 94-128. RESIDENCE R-3A APARTMENTS/MOBILE HOMES/ MANUFACTURED HOUSING. (e) Conditional Uses. 1. Public recreation facility 2. Non-municipal library, museum, art gallery, community center, private club or lodge 3. Major home occupation 4. Vocational or trade school 5. Office 6. Mobile home/manufactured housing park 7. Bed and breakfast establishment Sec. 94-129. RESIDENCE RMH SINGLE-FAMILY AND MANUFACTURED HOUSING DISTRICT (e) Conditional Uses. 1. Major home occupation 2. Public recreation facility 3. Non-municipal library, museum, art gallery, community center, private club or lodge 4. Retirement or nursing home 5. Vocational or trade school Sec. 94-130. RB-4 NEIGHBORHOOD BUSINESS DISTRICT (e) Conditional Uses. 1. Church 2. Gas dispensing station Sec. 94-131. BUSINESS B-1 CENTRAL DISTRICT (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 Section 94-132. BUSINESS B-2 DISTRICT (e) Conditional Uses. Conditional uses in the B-2 district are as follows: 1. Wholesale trade 2. Automobile service station 3. Repair garage 4. Assembling and packaging 5. Freight handling 6. Manufacturing, light 7. Domestic abuse shelter 8. Apartment November 20, 2012 City of Brookings 30 9. Small animal clinic 10. Church 11. Outdoor sales Sec. 94-133. BUSINESS B-2A OFFICE DISTRICT (e) Conditional Uses. 1. Home occupation 2. Mixed business/residential use 3. Financial institution 4. Community center Sec. 94-134. BUSINESS B-3 HEAVY DISTRICT. (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 Sec. 94-135. BUSINESS B-4 HIGHWAY DISTRICT (e) Conditional Uses. 1. Assembling and packaging operation 2. Freight handling 3. Manufacturing, light 4. Buy back center for recyclables 5. Household hazardous waste 6. Day care facility 7. Transfer site for recyclables 8. Kennel 9. Farm Implement sales Sec. 94-135.5. BUSINESS B-5 PLANNED RESEARCH AND BUSINESS DISTRICT (e) Conditional uses. Conditional Uses in the B-5 District are as follows: 1. Assembling and Packaging a. An emphasis shall be placed on landscaping around parking lots, loading areas and storage areas. November 20, 2012 City of Brookings 31 b. Special attention shall be given to minimizing noise and glare. c. The site area ratio to building area ratio shall not be less than 2:1. 2. Recreation Facility a. Activities that attract spectators shall provide adequate accommodations for crowds that may attend such events. b. Consideration shall be given to the noise and traffic generated and the hours of operation of any outdoor activities. 3. Restaurant Sec. 94-136. INDUSTRIAL I-1 LIGHT DISTRICT (e) Conditional Uses. 1. Kennel 2. Broadcast Tower 3. Outdoor Sales 4. Concrete Plant 5. SWECS Sec. 94-137. INDUSTRIAL I-2 HEAVY DISTRICT. (e) Conditional Uses. 1. Manufacture of acid, cement, lime, gypsum, plaster of paris, asphalt, explosives, fertilizer, glue, sizing, paper, paint, turpentine, yeast, oils, alcohol, bleach or ammonia 2. Refining of fat, grease, lard, tallow or petroleum 3. Processing of grain, forage, toxic material, hides or furs 4. Distillation of products 5. Junkyard 6. Stockyards/slaughtering of animals 7. Rendering 8. Smelting 9. Boilerworks 10. Tank farm 11. Grain terminal 12. Farm store/feed store 13. Crematorium 14. Personal Health Services 15. Kennel 16. Broadcast Tower 17. Outdoor Sales 18. SWECS DIVISION 3. CONDITIONAL USE STANDARDS Sec. 94-251. Generally Any conditional use approved by the Planning Commission or City Council shall conform to the standards for such uses as set forth below. These standards shall be construed to be the minimum requirements for any of the specified conditional uses and the Planning Commission or City November 20, 2012 City of Brookings 32 Council may require additional requirements in their discretion. In all cases, the impact of the proposed use on the adjacent properties will be a significant consideration. Sec. 94-252. Agriculture Agricultural uses in a residential zone shall be limited to the growing and cultivation of crops. No equipment shall be stored on the premises. Sec. 94-253. Airport Airports shall be sited with consideration to all potential obstructions existing in the surrounding area. Consideration shall also be given to future land use patterns within all approach zones. Sec. 94-254. Animal Hospital This use shall not be located in an area where it could have a negative impact on adjacent properties due to its size, noise or the traffic generated from such use. The parking area shall be designed to have a minimal impact on the surrounding residential properties. Sec. 94-255. Apartment. (a) Generally. Such uses shall not be located in an area where they could have a negative impact on adjacent properties due to their size or the traffic generated from such use. The parking area shall be designed to have a minimal impact on surrounding residential properties. (b) For elderly. Special attention shall be given to the size and proximity of a parking area devoted to such uses in the Central Business District. Sec. 94-256 Assembling/Packaging Operation These uses shall be of a design and scale which would not be detrimental to the neighborhood. The parking area shall be designed to minimize the impact of the parking lot upon adjacent properties. Provisions set forth in division 4 of article VI of this chapter shall be adhered to and submitted prior to approval. No outdoor storage shall be permitted. Major access drives shall be located on minor or collector streets whenever possible. Sec. 94-257 Automobile Service Station Such uses shall provide for an adequate number of parking spaces to store vehicles. No fuel delivery pump shall be located within twenty (20) feet of any side lot line nor twenty-one (21) feet of any front lot line. No fuel pump shall be located within fifty (50) feet of a lot line which lies next to a residential district. All applicable laws and ordinances shall be complied with. Sec. 94-258. Bed and Breakfast Establishment Bed and breakfast establishments shall comply with the following conditions: (1) They shall be limited to an accessory use within a single-family dwelling. Preference will be given to buildings with historic or other unique characteristics. (2) They shall be registered with the South Dakota Department of Health, maintain a guest list and provide a smoke detector in each sleeping room. (3) A site plan shall be submitted including the interior layout of the building and exterior design of the premises. November 20, 2012 City of Brookings 33 (4) Not more than two (2) guest rooms shall be used for such purposes (5) Off-street parking areas for guests shall be located so as to have a minimal impact on adjacent residential property. (6) Signs shall be non-illuminated with a maximum area of three (3) square feet, a maximum height of four (4) feet, and a setback from any lot line of six (6) feet. (7) Meals shall be limited to a breakfast or a brunch. Meals shall be prepared in the owner’s kitchen and served only to overnight registered guests. Cooking in any guest room is prohibited. (8) The length of stay of any registered guest shall not exceed fourteen (14) days during any one hundred twenty (120) day consecutive period. Sec. 94-260. Boilerworks Such uses shall be located in areas where the impact of odors and noise on residential districts will be minimized. Traffic to and from the site should not travel on residential streets. Sec. 94-260.3 Brewpub A brewpub shall comply with the following conditions: 1 The area used for brewing, including bottling and kegging, shall not exceed 25% of the total floor area of a combined restaurant and drinking establishment and 50% of the total floor area of a drinking establishment without restaurant services. 1. A malt beverage manufacturer’s license must be obtained per state law 3. An alcohol beverage license must be obtained per city ordinance 1. The brewery shall not produce more than 1,500 barrels of beer or ale per year. A barrel contains thirty-one (31) gallons. 2. The method and frequency of grain shipments to the site shall be provided 3. The method and frequency of spent grain disposal shall be provided Sec. 94-260.5 Broadcast Tower Location of the tower shall be done with consideration for public safety in the event that the tower would fall and to minimize adverse visual impact of broadcast towers through careful design, siting, and screening. Care should be taken to avoid interference with any similar broadcast use and in no event shall such tower be located in any airport flight path. The tower shall be constructed in a manner that will make it inaccessible for unauthorized persons to climb. Sec. 94-261. Buy Back Center for Recyclables Such facilities shall consist of a completely enclosed structure. A list of the types of recyclable material to be collected shall be approved by the Deputy Health Officer. Sec. 94-262. Campgrounds. Campgrounds for tents, tent trailers, and recreational vehicles should be sited with consideration for access to the property. The following conditions shall be complied with: 1. Each campsite shall contain at least 2,000 square feet. November 20, 2012 City of Brookings 34 2. The campgrounds shall be supplied with a water supply and sewage disposal facilities, including washing, toilets, and similar facilities, and all of which shall meet all applicable city codes and regulations. 3. Front, side and rear yards of fifty (50) feet shall be maintained on the campground. 4. The access to public roads and highways shall be paved or surfaced in a manner similar to adjacent public roads and shall be approved by the city. 5. Access roads shall be provided to each campsite and all access roads shall have a minimum unobstructed width of fourteen (14) feet for all one-way roads, and twenty (20) feet for all two-way roads. 6. Campsites shall be used by the same persons as temporary/seasonal stays only and no stay shall exceed sixty (60) days in any one calendar year. 7. No mobile homes/manufactured homes shall be located in any campground, except that one shall be permitted as an office for the campground. 8. All campground operators shall keep accurate records as to the length of time a person stays in the campground, and shall make said records available to any city official upon request. Sec. 94-263. Cemetery This use shall have a minimum of 40 acres. An adequate road system with parking for mourners shall be provided. Scattering areas or gardens shall be established within the interior of the cemetery. 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 properties. 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. 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. Sec. 94-264.8. Concrete Plant This use shall not be located near or adjacent to uses that would be negatively impacted due to fumes, dust, or runoff generated by its operation. Traffic to and from the site shall not travel on residential streets to reach major transportation routes. Outdoor material storage areas shall be located in the interior of the lot and away from any right-of-way. All runoff from the material storage areas or generated by the operation shall be contained on-site. Sec. 94-265. Condominium Such uses shall not be located in an area where it could have a negative impact upon adjacent properties due to its size or the traffic generated from such use. November 20, 2012 City of Brookings 35 Sec. 94-266. Contractor Shop and Storage Yard Such uses shall screen all outdoor storage from adjacent property. Service vehicles shall be localized in an area on the lot which will minimize the impact upon adjacent uses. Any lighting of the storage yard should be done in a way that will not cause a glare onto residential properties. Sec. 94-267. Crematorium This use shall include an adjacent holding facility but not a scattering area or garden. All applicants shall comply with all applicable environmental standards. Sec. 94-268. Day Care Facility, Nursery School These uses shall be located where an adequate and safe playground can be provided. The pick- up and drop-off areas shall be designed to provide a safe access to the facility and the site should be convenient for clients. Sec. 94-269. Distillation of Products (a) Facilities for distillation of products and grain terminals shall be located in a manner which minimizes the impact of odors from the plant on residential and recreation areas in the city. These facilities should be located in areas where traffic to and from the site would not travel on residential streets. (b) This section also applies to: (1) The manufacture of acid, cement, lime, gypsum, plaster of Paris, asphalt, fertilizer, glue, sizing, paper, paint, turpentine, yeast, oils, alcohol, bleach or ammonia. (2) Processing of grains, forage, toxic material, hides or furs. (3) Refining of fats, grease, lard, tallow or petroleum. (4) Smelting. Sec. 94-270. Domestic Abuse Shelter A shelter shall be a single housekeeping entity. The parking area shall be designed to minimize its impact upon adjacent residential properties. Sec. 94-270.2 Drive-in Food Service This use shall be located where ample on-premise vehicle stacking is available. The site design shall provide for clear sight angles for safe pedestrian and vehicular movement on and off the site. All egress points shall be designed to permit right turns only in order to reduce traffic conflicts. Menu boards, external illumination and intercommunication systems shall be designed to have a minimal impact on adjacent property. The service window location shall be not less than 50 feet from an adjacent property. The City Engineer and / or Traffic Safety Committee shall review any proposal that causes a reduction in on-street parking and submit their findings to the commission. November 20, 2012 City of Brookings 36 Sec. 94-270.5. Farm Implement Sales. These uses shall take special care to present an uncluttered appearance, allowing for the attractive display of machinery that is for sale, while discouraging the outside storage of any equipment, parts or materials. Inoperable machinery kept only for parts sales shall be located on the interior of the lot or screened from adjacent properties or a public right-of-way. Sec. 94-271. Farm Store/Feed Store The handling and storage of fertilizer and farm chemicals shall conform to all federal, state and city codes. Consideration should be given to the location of these products on the lot. Sec. 94-272. Financial Institution Such uses shall locate any drive-up service window device in such a manner as to minimize its impact on adjacent properties. Sec. 94-273. Floodway Structure Such structures shall be located so as not to have a negative impact upon adjacent property. Sec. 94-274. Fraternity/Sorority houses Such uses shall not be located in an area where they could have a negative impact on adjacent properties due to their size or the traffic generated from such use. The parking area shall be regulated according to Section 94-400, hard-surfaced parking, and Section 94-401, screened parking. Sec. 94-275. Freight Handling Such uses shall be sited and designed in such a way as to minimize their impact on adjacent properties. Freight loading areas shall be screened from adjacent residential areas. No outdoor storage shall be permitted. Major access drives shall be located on minor or collector streets whenever possible. Sec. 94-276. Gas Dispensing Station The site shall be designated to allow for the stacking of vehicles on the premises. No fuel delivery pump shall be located within twenty (20) feet of any side lot line nor within twenty-one (21) feet of any front lot line. No fuel pump shall be located within fifty (50) feet of a lot line which lies next to a residential district. The applicant shall comply with all applicable laws and ordinances. Sec. 94-277. Group Home A group home shall generally be located in an area where the residents are close to services. Applicants shall provide statements as to the type of supervision the home will have and be prepared to present information on all anticipated physical changes to the structure. Sec. 94-278. Home Occupation, Major Major home occupations shall be in complete conformance with Section 94-362. November 20, 2012 City of Brookings 37 Sec. 94-279. Hot Mix Plant Such uses shall be located in areas where the odor and noise will not be detrimental to adjacent property owners. Traffic to and from the site shall not travel on minor residential streets. Sec. 94-280. Household Hazardous Waste Site Such uses shall be within a completely enclosed building. The applicant shall comply with the provisions of all applicable laws and ordinances. Sec. 94-281. Junkyard These uses shall generally be located in areas that are removed from the principal and minor arterials of the city. Special consideration shall be given to the inclusion of screening around the storage area. Sec. 94-282. Kennel 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. Sec. 94-283. Light Processing Facility Such uses shall be located in a manner which will minimize the impact of noise on residential areas. These facilities should be located in areas where traffic to and from the site would not travel on residential streets. The impact of this use shall be minimized through screening when adjacent to main thoroughfares. Sec. 94-284. Manufacture or Storage of Explosives These uses shall be located in such a manner so as not to present a hazard to adjacent properties. A site plan and other related information shall receive approval by the appropriate departments of the City prior to establishing the use. Traffic to and from the site shall not travel upon residential streets. Sec. 94-285. Manufacturing (light) These uses shall be of a design and scale which would not be detrimental to the neighborhood. The parking area shall be designed to minimize the impact of the lot upon adjacent properties. Provisions set forth in division 4 of article VI shall be adhered to and submitted prior to approval. Sec. 94-286. Mixed Business/Residential Uses Such business uses shall be only those uses permitted in the respective zoning district. Provisions set forth in Section94-41 shall govern all residential uses. November 20, 2012 City of Brookings 38 Sec. 94-287. Mobile Home/Manufactured Home Park This use shall be located in areas where it would be compatible with adjacent uses. Consideration should be given to recreation area, storm shelters and landscaping. In addition, the park shall be in conformance with Section 94-364. Sec. 94-288. Non-municipal Library, Museum, Art Galley, Community Center and Private Club and Lodge These uses shall be of a design and scale which would not be detrimental to the neighborhood. The parking area shall be designed to minimize the impact of the lot upon adjacent properties. Sec. 94-289. Off-street Parking, Off Site The off-site parking shall be located within a 400 foot radius of the use it is intended to serve. The parking shall be restricted by a written agreement and contain the number of spaces and length of time such spaces are reserved. Sec. 94-290. Office Such uses shall be located on a collector or arterial street. Special attention shall be given to the architectural compatibility with surrounding residential properties. Consideration shall be given to the traffic generated by such use, the type of sign, the hours of operation and the character of the use. Parking shall be screened from any adjacent residential area. Sec. 94-290.5. Outdoor Sales. Such uses shall be located or arranged in a manner that will display larger vehicles away from a residential district boundary line or by location toward the interior of the display lot. Larger vehicles shall not prohibit or disrupt traffic flow within or through the display lot. Sec. 94-291. Personal Health Services These uses shall be located in areas where access to the facility is safe and convenient. Consideration shall be given to siting these uses away from facilities which generate large quantities of smoke, dust, noise or heavy truck traffic. (Ord. 30-00, 11/27/00) Sec. 94-292. Private Lake A private lake will be allowed in some cases to be created by the mining of sand, gravel or other material. However, the mining shall be treated as a means to an end and any such plan shall stipulate a deadline after which time the mining will be terminated. A reclamation plan for the lake area and safety precautions to prevent public access to the site until such time as the mining is completed shall be provided. The developer shall be required to provide satisfactory evidence that the lake water will be of a sufficient level and quality to be an asset rather than a detriment to the neighborhood. Adjacent development shall be graded in a manner that will not permit runoff from the development to infiltrate the lake. The Planning Commission should examine whether or not there is a need for public access to the lake. Furthermore, the developer shall offer assurance that the lake will be constructed and maintained in the manner approved by the Planning Commission. November 20, 2012 City of Brookings 39 Sec. 94-293. Quarry This use shall be located where blasting, noise, dust or heavy truck traffic will not have a negative impact on adjacent uses. Storage, stockpiling and processing shall be located on the interior portion of the site. Sec. 94-294. Recreation Facilities Such uses shall be designed in a manner which will minimize the impact of traffic, noise and glare on the surrounding residential neighborhood. Sec. 94-295. Rendering facilities Such uses shall be located in areas where the impact of heat and odors on residential and recreation areas will be minimized. Traffic to and from the site shall not travel on residential streets. Such uses shall conform to all applicable laws and ordinances. Sec. 94-296. Repair Garage This use shall provide an adequate number of parking spaces to store vehicles and shall provide an indoor storage area for parts and materials. This parking area shall be designed to minimize the impact of the lot upon adjacent properties. Sec. 94-297. Retirement or Nursing Home Such uses shall be sited and designed in such a way as to minimize their impact on adjacent residential uses. Special attention shall be given to parking, lighting, the height of the structure, the traffic generated and similar problems. Parking should be screened from any adjacent residential areas. Sec. 94-298. Small Animal Clinic Such use shall provide an area, sufficient in size and screened from view from adjacent uses, for the walking of patients. The use shall be of a design and scale which would not be detrimental to adjacent residential properties. Sec. 94-299. Stable (private or riding) These uses shall be established on lots with a minimum area of two acres and one acre of land shall be provided for each horse located thereon. No pasture shall be located within the required front yard setback and no horse shall be allowed to be kept within 125 feet of any building used for human habitation other than by the owner of such animal. No fencing shall be made of barbwire or connected to an electrical current. Sec. 94-300. Stockyard/Slaughtering of Animals Such uses shall be located in areas where the impact of odors and noise on residential and recreation areas will be minimized. Traffic to and from the site should not travel on residential streets. Such uses shall conform to all applicable laws and ordinances. November 20, 2012 City of Brookings 40 Sec. 94-301. Tank Farm Such uses shall conform to all federal, state and city codes and shall be designed with perimeter landscaping and/or fencing. These uses shall not be located adjacent to residential districts. Sec. 94-301.4 Telecommunication Tower Such uses shall be sited to minimize the visual impact on surrounding uses. The ability to provide stealth design elements and adequately screen the tower base and equipment facilities from any residential buildings shall be given special consideration. Co-location is important in minimizing the visual presence of towers within the community. Therefore, construction of any new tower shall have the capacity to accommodate more than one provider. A tower designed to accommodate up to three providers shall be allowed a maximum height of 120 feet. A tower designed for up to two providers shall be allowed a maximum height of 100 feet. Sec. 94-302. Townhouse Such uses shall not be located in an area where they could have a negative impact on adjacent properties due to their size or the traffic generated from such use. Sec. 94-303. Transfer Site for Recyclables Such facilities shall consist of a screened storage area where recyclable material is temporarily stored. A list of the types of recyclable material to be collected shall be approved by the Deputy Health Officer. Sec. 94-303.5. Truck and Trailer Rentals. Display or storage shall be generally on the interior or rear of the lot. The land area shall be sufficient enough to avoid backing maneuvers into the public right-of-way. Sec. 94-304. Two-Family Dwelling Such uses shall have one frontage abutting on an arterial or collector street. Sec. 94-305. Vocational or Trade School Such uses shall be sited and designed in such a way as to minimize their impact on adjacent residential uses. Special attention shall be given to parking, lighting, the height of the structure, the traffic generated and similar problems. Parking should be screened from any adjacent residential areas. Sec. 94-306. Wholesale Trade Such uses shall have no outdoor display or outdoor storage of goods or materials. Sec. 94-307. Wind Energy Conversion Systems, Small (SWECS) Small wind energy conversion systems shall comply with Section 94-367 October 18, 2012 Shari Thornes, Brookings City Clerk Brookings City & County Government Center 520 3rd Street, Suite 230 Brookings SD 57006 RE: SDCL 1-19A-11.1 Consultation for Conditional Use Permit Dear Ms. Thornes: The South Dakota State Historic Preservation Office (SD SHPO) of the South Dakota State Historical Society takes the position that the issuance of a change of use permit within an existing zoning district is an action subject to review under South Dakota Codified Law 1-19A-11.1. Under SDCL 1-19A-11.1, the SD SHPO reviews any project the City undertakes which will encroach upon, damage, or destroy any historic property included in the national register of historic places or the state register of historic places. Our Administrative Rules (ARSD 24:52:00 [14]) define “project” as “an activity, permit, plan, or action, including restoration or rehabilitation, which affects or may affect the physical structure or physical setting of a historic property.” A conditional use permit could lead to physical impacts on the setting of a historic property or to a building itself. In the Brookings Zoning Ordinance (Chapter 94 of the Code of Ordinances), each zoning district contains a list of permitted uses, permitted special uses, and conditional uses. The zoning ordinance defines conditional use as “a use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided in this chapter, of the impact of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted.” Other laws and regulations show that changes in use are of concern when it comes to historic preservation. Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires Federal agencies to take into account the effects of their undertakings on historic properties. Examples of adverse effects in the Code of Federal Regulations include “change of the character of the property’s use or of physical features within the property’s setting that contribute to its historic significance.” (36 CFR Part 800.5 (2004). State law (SDCL 1-19B-45) enables local governments to adopt locally designated historic districts and require a county or municipality to obtain a Certificate of Appropriateness from the local Historic District Commission prior to the approval of any change of zoning classification within the local historic district. The Secretary of the Interior’s Standards for Rehabilitation also mention the potential impacts of changes in use. Standard #1 says, “A property will be used as it was historically or be given a new use that required minimal change to its distinctive materials, features, spaces, and spatial relationships.” Further, State enabling law for conditional use requires the authority approving a conditional use to consider the objectives of the City’s comprehensive plan (11-4-4.1). Preservation concerns, which would include change of use, are prevalent in the spirit of the City of Brookings Comprehensive Plan. In sum, this letter serves to notify the City of Brookings that the State Historic Preservation Office of the South Dakota State Historical Society considers the City’s issuance of any conditional use permit that would damage, encroach upon, or destroy, any property included in the national register of historic places or the state register of historic places, an action reviewable under SDCL 1-19A-11.1. Our office is available to provide further guidance or training concerning the steps of the 11.1 review process. Please feel free to contact our Restoration Specialist, Paul Porter, at (605) 773-6005 or paul.porter@state.sd.us with any further questions. Sincerely, Jay D. Vogt State Historic Preservation Officer November 20, 2012 City of Brookings 44 4. Possible policy, use of excess material for construction projects. Attachments: Draft resolution promulgating a draft policy - Staff presentation- City Manager - Council Questions/Discussion - Item to return to Council for consideration or adoption at later date Resolution No. XX-12 A resolution providing for a feasibility analysis to determine the most economical use and re-use of excess fill material for current and anticipated municipal construction projects Whereas, the City of Brookings customarily has a multitude of construction projects producing either a surplus or shortfall of fill material, and Whereas, such material may be used for other municipal projects in an effort to economically balance such a surplus or shortfall among projects. Now, Therefore, Be It Resolved that it shall be the policy of the City of Brookings that City staff and City engineering consultants shall analyze the amount of fill material deemed to be a surplus or shortfall of any municipal construction project and determinate the feasibility of re- using said fill material in an economical basis for other applicable municipal construction projects. This feasibility analysis shall apply to concurrent as well as future construction projects that may be reasonably anticipated. Approved this day of , 2012. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk November 20, 2012 City of Brookings 45 5. Revisit tax increment finance (TIF) process and policy. Attachments: a. Existing policy on use of Tax increment Finance b. Informational materials from other communities (3) - Staff presentation – City Manager - Council Questions/Discussion - Item to return to Council for consideration or adoption at later date November 20, 2012 City of Brookings 46 Guidelines for the Use of Tax Increment Finance -City of Brookings, South Dakota- Adopted: January 13, 2009 Purpose of these Guidelines: These guidelines are established to outline the City’s position governing the intended use of tax increment financing (TIF) as an economic development tool for development. These guidelines operate within the parameters of SDCL 11-9 as amended; and shall be used as a procedural framework for considering applications for its use. The fundamental purpose of tax increment financing in Brookings is to encourage desirable development or redevelopment that would not otherwise occur but for the assistance provided through TIF. It shall further be the intent of TIF use to be for the shortest duration possible to achieve the City’s desired results for the specific project. The City reserves the right to approve or reject projects on a case-by-case basis, taking into consideration established policies, project criteria, existing ordinances, and demand on city services in relation to the potential benefits from the project. Meeting the criteria does not guarantee the award of TIF to the project. Approval or denial of one project is not intended to set precedent for approval or denial of another project. Each project is unique and must stand on its own merits. Section I: Objectives governing the use of TIF The City will consider using TIF to assist private and public development projects provided Item (8) in this Section and one additional of the following public purpose objectives are satisfied. 1. To retain local jobs and/or increase the number and diversity of jobs that offer stable employment and/or attractive wages and benefits. These jobs should be at the level sufficient to being considered a living wage/head-of-household income, and be considered primary jobs. 2. To encourage the redevelopment of deteriorated, contaminated, designated “brownfield”, or otherwise blighted real property through the investment of TIF funding; to result in an appreciably higher level of quality redevelopment and private reinvestment. 3. To stimulate economic development in Brookings by assisting projects that promote the long term economic vitality of the community; and contributes to the fulfillment of the City’s development or redevelopment objectives. 4. To stimulate increased private investment in areas that would have otherwise remained undeveloped or under-developed and which will, in the long term, provide a significant source of additional tax revenues to all taxing jurisdictions. 5. To encourage additional unsubsidized private development in the area, either directly or indirectly through “spin-off” development. November 20, 2012 City of Brookings 47 6. To stimulate the construction of safe and affordable housing units for low and moderate income residents and expand the general housing stock. (The latest available housing plan/survey, and information from South Dakota Housing Development Authority should be used as the primary guideline for determining affordability levels.) 7. To offset increased costs of redevelopment over and above the costs normally incurred in development. 8. To facilitate the development process and to achieve development on sites which would not otherwise be developed BUT FOR the use of TIF. Use of TIF shall be considered a financing means of last resort as determined by the City Council. 9. To support and assist in the implementation of the City’s Comprehensive Plan. 10. To broaden and expand the tax base to the benefit of all taxing jurisdictions. 11. To support redevelopment efforts that enhance and preserve unique urban features including but not limited to the downtown central business district, historic districts, entryway features and amenities, and public assembly areas. 12. To the extent permitted by law, tax increment proceeds may be used to finance eligible city-owned projects and improvements within the district as deemed necessary by the City Council. Section II: General guidelines governing the use of TIF 1. The City of Brookings will comply with all requirements of SDCL 11-9 as amended. The City will undertake a comprehensive analysis to ensure the proposed project satisfies the “BUT FOR” criteria. The project must demonstrate to the satisfaction of the City Council, that it is not economically feasible without the use of TIF. 2. The City of Brookings will use tax increment financing only when a clearly identified city development objective is served and only to the degree necessary to accomplish that development objective. 3. Tax increment financing will only be used in cases where the City has the financial capacity to provide the needed public assistance, the Council deems it fiscally prudent to provide such assistance, and the developer can clearly demonstrate the development will be able to meet it’s financial and public purpose obligation. 4. The financing method of TIF districts shall be a “pay-as-you-go” method whereby the applicant fronts the costs and will be reimbursed by the City over time as increment becomes available. The developer shall be considered the borrower under ‘pay-as-you- go” and the City shall not be liable for debt. As an alternative, the City Council may consider the issuance of bonded indebtedness through tax increment bonds only when unique circumstances determine “pay-as-you-go” is not feasible. 5. As a condition of using TIF, applicants agree to waive their right to use the discretionary formula. The discretionary formula provides a financial incentive in addition to the use November 20, 2012 City of Brookings 48 of tax increment. Using the discretionary formula lessens the availability of increment needed to finance the project. 6. Only those public improvements and redevelopment costs directly associated with, or needed to service the proposed development plan or project, should be financed through tax increment proceeds. 7. The amount of increment remitted to the developer shall not exceed the amount in the approved project plan as adopted by the City Council; and shall be only for the lesser of either actual or budgeted expenditures in the approved plan. 8. The duration of the tax increment district shall be determined in the approved project plan as adopted by the City and shall terminate at such time as the sufficient increment has been generated pursuant to the approved project plan. In the event sufficient increment has not been generated by the time of the scheduled decertification of the district, the developer shall be responsible for any shortfall. 9. Tax increment expenditures shall only be made for items directly related to, and ancillary to, a bona fide public purpose or public benefit as determined exclusively by the City Council. 10. The City shall advertise for competitive bids for construction of the project, shall hold the construction contract, and shall make payments to the contractor with reimbursements from the applicant for pay-as-you-go projects, or from the bond fund for bonded indebtedness funds. The City shall not make any payments to the contractor until the applicant has made sufficient deposits to the City to cover the contractor payments for pay-as-you-go projects. 11. All development proposals should seek to maximize the amount of private investment per dollar of public assistance. Public assistance as a percentage of total development costs will be determined for each project as part of the review and compared to other development projects or subprojects of similar scope and magnitude whenever possible. 12. The City may, on a case-by-case basis, establish public purpose requirements specific to an application that must be met for the project. Such requirements shall be described in the project plan, development agreement, or other binding document between the City and the applicant, which may be in addition to the scope of applicable city ordinances or policies. Such items which may be included and if included would require performance by the Applicant may include but are not limited to: prescribed valuation of a home or building, acreage or building sizes, wages, number of jobs created/retained, building materials affecting appearance, landscaping, signage, property valuation increases, sales tax generating capacity, historic preservation, environmental improvements, transportation improvements, blight remediation, parking improvements, etc. 13. Applicant shall demonstrate to the satisfaction of the City that sufficient market demand exists for the proposed project. TIF shall not be used to support speculative projects. 14. Applicant must provide adequate financial guarantees to constitute a minimum of 10 percent equity investment cash infusion by Applicant into the overall project. Private lender financing and TIF shall not be counted toward the 10 percent equity requirement. November 20, 2012 City of Brookings 49 15. Applicant must provide adequate financial and legal guarantees to ensure completion of the project, including, but not limited to letters of credit, performance bonds, and personal guarantees. 16. For the purposes of underwriting the proposal, the applicant shall provide any requested market, financial, environmental, or other data pertaining to the proposed TIF project requested by the City or its consultants. 17. The project must be consistent with the City’s Comprehensive Plan, Zoning Ordinances, Subdivision Regulations, Land Use Plan, and any other duly-adopted master plans affected by the use of Tax Increment Financing. 18. The applicant shall adequately demonstrate, to the City’s sole satisfaction, an ability to complete the proposed project based on past development experience, general reputation, and credit history, among other factors, including the size and scope of the project. 19. The City may reject the use of TIF if it determines the project would place an extraordinary demand on city services or if the project that would have significant detrimental impacts on the health, safety, or general welfare of the community. 20. The City may consider amendments to either the district boundaries after a district is certified, or to the previously-adopted project plan. Amendments may be necessary to accommodate changes to desired public purpose outcomes. 21. The final interest rate and terms on the TIF Note shall be determined by the City Council and incorporated into the Development Agreement. Section III: Economic Analysis and Risk Assessment Process 1) Proposed uses of tax increment will be subject to rigorous economic analysis and risk assessment. This analysis will be conducted by the TIF Review Staff Team through their review process. The analysis may include review and assessment by consultants. (The TIF Review Staff Team shall consist of: City Manager (or designee), City Finance Officer, City Engineer, Community Development Director, Planning/Zoning Administrator, BEDC Economic Development Director.) 2) The analysis and assessment of all proposed uses of tax increment will address the following questions as part of the standard format for reports to the City Council. i. What is the public purpose of the financial assistance for this project? ii. Why is there a financial need for public investment and/or subsidy? iii. What is the total cost of the project? iv. What is the appropriate level of public participation? v. What are the risks associated with the project? vi. What are the alternative plans for managing the risk? vii. How does the proposed project finance plan compare with previously approved comparable projects? viii. What is the project’s impact on other publicly financed projects? 3) The results of the Economic Analysis and Risk Assessment will be presented to the City Planning Commission and City Council at a time consistent with the schedule provided in Section V. The report shall identify any elements of the proposed project that are not in conformance with this policy. November 20, 2012 City of Brookings 50 4) Applicants shall pay a TIF application fee as determined by City resolution as a means of cost recovery for time and resources involved with approval of a TIF project. The fee shall be due and payable as part of the application process in Section V, Step 3. The process outlined in Section V shall not proceed until this amount has been paid in full. Applicants shall pay the fees associated with the Bond Counsel and Financial Advisor who shall be retained by the City for review of the TIF project. Applicants shall pay direct costs associated with processing the TIF application including but not limited to postage, hearing notices, surveys, platting, engineering, copying, legal fees, appraisals, recording fees, etc. Such costs shall not be the responsibility of the City. 5) The City may require periodic reports on the financial and developmental performance of the TIF district during the term of the district. Section IV: Eligible costs of tax increment revenue The City reserves the right to further restrict eligible costs as enumerated in state law in this section as well as for each TIF project. Private buildings, structures, utilities or other private- use improvements are not eligible for TIF assistance. Development costs that are eligible for reimbursement with tax increment revenues are listed below. • Property acquisition • Elimination of slum and blighted conditions on property/land clearance • Soils corrections • Site preparation/clearing and grading of land • Removal of hazardous wastes or remediation of site contamination • Construction of capital public improvements such as: Streets Curb and gutter Storm drainage utilities/ponds Wastewater utilities Water utilities Sidewalks/trails/pathways Landscaping improvements Signage & traffic controls Lighting Public parking lots • Organizational costs • Capitalized interest/finance charges • Professional service costs • Imputed administrative costs • Relocation costs • Other costs permitted by state law as may be prescribed in the TIF project plan. Section V: Tax Increment Finance application and approval process Each step must be approved before the project can move to the next step. The project shall be terminated for failure to meet the requirements of each step unless each step is satisfactorily completed or the step is modified to the satisfaction of the City in order to advance to the next step. 1) Applicant submits pre-application for TIF project to Community Development Director. (Attachment 1) 2) City Council reviews pre-application to assess viability/feasibility of project. November 20, 2012 City of Brookings 51 3) Applicant submits full application, including application fee, to Community Development Director. (Attachment 2) 4) TIF Review Team undertakes review of the application and project. 5) Project Plan is written by Review Team, Bond Counsel, & Financial Advisor. 6) Notices of a Public Hearing before Planning Commission are distributed. 7) Planning Commission holds public hearing; approves the district boundaries and project plan. 8) TIF Review Team develops Development Agreement. 9) City Council approves district boundaries and Project Plan. 10) City Engineer and Community Development Director give final approval of development plans. 11) City Council approves Development Agreement. 12) City advertises for bidders for the construction of the project. 13) City staff holds bid opening, City Council awards contract for construction. 14) City Engineer gives contractor notice to proceed with construction. 15) City forwards appropriate records to Dept. of Revenue and County Officers. 16) Review/evaluation of project performance. (Attachment 3) NOTE: In the event the TIF Review Team rejects the project in Step 4, the applicant may appeal to the City Council. The TIF Review Team shall provide the applicant a list of deficiencies as justification for any rejection of the project. Attachments: 1) Pre-application, 2) TIF Application, 3) Evaluation/project performance November 20, 2012 City of Brookings 61 6. City Manager update, progress of hotel-conference center MOU research. Attachments: Executed Memorandum of Understanding November 20, 2012 City of Brookings 68 7. Ex-Officio Reports 7A. Brookings Municipal Utilities & Brookings Health Systems Board 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 McClemans Brookings Health Systems Board: 1. Council Member Kubal 2. Council Member Corbett 7B. Joint Powers Board 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 November 20, 2012 City of Brookings 69 8. Identify topics for future study sessions (motion required) 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. November 20, 2012 City of Brookings 70 9. Adjourn