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HomeMy WebLinkAbout2020_02_11 CC PKTCity Council City of Brookings Meeting Agenda Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, February 11, 2020 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 3.A. Action to approve the agenda. 3.B.ID 20-0063 Action to approve the January 28, 2020 City Council Minutes. 1/28/2020 MinutesAttachments: 3.C.ID 20-0062 Action on a request to abate property taxes from the City of Brookings in the amount of $1,413.17, located on the W ½ of Lot 4, All of Lot 5, Block 1, Hill Park Addition, City of Brookings (1110 4th Street). Parcel #40245-00100-004-00. Page 1 City of Brookings February 11, 2020City Council Meeting Agenda Abatement ApplicationAttachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.A.ID 20-0064 Recognition of Brookings Park & Recreation Dept. employee promotion. 5.B. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 5.C. SDSU Student Association Report. 5.D.ID 20-0074 Brookings Municipal Utilities Financial Report. PresentationAttachments: 6. Contracts/Change Orders: 6.A.RES 20-008 Action on Resolution 20-008, a Resolution to approve the purchase of new Automated Yard Waste Carts from Sanitation Products, Inc., Sioux Falls, SD, through Sourcewell Contract #041217-SRF. Memo Resolution Appendix Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7. Ordinance First Readings: None The title of the Ordinance is read. No vote is required on the first reading of an Ordinance. Public Comment and Council discussion is permitted. The date for the second reading is announced. 8. Public Hearings and Second Readings: 8.A.ORD 20-001 Public Hearing and Action on Ordinance 20-001, a Joint Jurisdiction Rezoning Request for the South 150’ of the East 165’ of Lot 1, Krogman First Addition, in the SE ¼ of the SE ¼ of Section 16 T110N-R50W, from Joint Jurisdiction Residence R-1B to a Joint Jurisdiction Business B-3 Heavy District (1806 US Highway 14). Page 2 City of Brookings February 11, 2020City Council Meeting Agenda Memo Ordinance - Clean Ordinance - Marked Notice 12-02-2019 Planning Commission Minutes Rezoning Applications Zoning Exhibit Map Aerial Map JJB-3 District County Staff Report Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 1/14/20 City Council read into the record 8.B.ORD 20-003 Second Reading and Action on Ordinance 20-003, an Ordinance Authorizing Supplemental Appropriation No. 2 to the 2020 Budget. Memo Ordinance Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 1/28/20 City Council read into the record 9. Other Business: 9.A.RES 20-015 Action to approve Resolution 20-015, a Resolution authorizing the City Manager to sign documents for the 20th Street South BUILD Project EM 0295(45) 130 and PCN 020V. Memo Resolution MOU Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 10. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 11.ID 20-0073 Executive Session, pursuant to SDCL 1-25-2, for purposes of discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business, and Page 3 City of Brookings February 11, 2020City Council Meeting Agenda for discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor. Action: Motion to Enter Into Executive Session, Voice Vote Action: Motion to Exit Executive Session, Voice Vote 12. Adjourn. Brookings City Council: Keith Corbett, Mayor; Patty Bacon, Deputy Mayor Council Members Leah Brink, Dan Hansen, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, 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 by contacting (605) 692-6281. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605) 692-6281 at least three working days prior to the meeting. Page 4 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0063,Version:1 Action to approve the January 28, 2020 City Council Minutes. Attachments: 01/28/2020 Minutes City of Brookings Printed on 2/6/2020Page 1 of 1 powered by Legistar™ Brookings City Council January 28, 2020 (unapproved) The Brookings City Council held a meeting on Tuesday, January 28, 2020 at 6:00 PM, at City Hall with the following City Council members present: Mayor Keith Corbett, Council Members Patty Bacon, Leah Brink, Dan Hansen, Nick Wendell, and Ope Niemeyer. Absent: Council Member Holly Tilton Byrne. City Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster were also present. 6:00 PM REGULAR MEETING Consent Agenda: A motion was made by Council Member Hansen, seconded by Council Member Bacon, to approve the Consent Agenda. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 - Tilton Byrne. 3.A. Action to approve the agenda. 3.B. Action to approve the January 14 and January 21, 2020 City Council Minutes. 3.C. Action on Resolution 20-007, a Resolution authorizing the City Manager to sign a Wine Operating Agreement 5-year renewal for ERL, LLC, dba The Depot, 921 20th St. So., Kathy McClemans, Robb McClemans, and Liz McClemans-Novak, owners, legal description: Lot 7, Block 13, McCleman’s Addition. Resolution 20-007 - ERL, LLC, dba The Depot Wine On-Sale Alcoholic Beverage Operating Agreement 5 -year Mid-Term Renewal Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the On -Sale Wine Alcoholic Beverage Management Agreement between the City of Brookings and ERL, LLC, dba The Depot, Kathy McClemans, Robb McClemans, and Liz McClemans-Novak, owners, for the purpose of a manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 921 20th St. So.: legal description: Lot 7, Block 13, McCleman’s Addition. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for the remaining five (5) years of the ten (10) year agreement. 3.D. Action on Resolution 20-004, a Resolution authorizing Change Order No. 1 (Final) for 2019-07STI Asphalt Concrete Freight on Board Project; Bowes Construction, Inc. Resolution 20-004 - A Resolution Authorizing Change Order No. 1 (Final), for 2019-07STI Freight On Board Project; Bowes Construction Inc. Be It Resolved by the City Council that the following change order be allowed for 2019-07STI Freight on Board Project: Construction Change Order Number 1 Final. Adjust estimated bid quantities to “as-built” quantities for a total decrease of $36,517.41 to close out the project. Dr. Martin Luther King, Jr. Contest Awards Presentation. In celebration of Dr. King’s birthday, the Brookings Human Rights Commission sponsored a poster contest for intermediate school students and an essay contest for middle school and high school students to help students reflect on Dr. King’s ideas and their impact on the community. This year’s theme for the poster contest was "In the end, we will remember not the words of our enemies, but the silence of our friends.” Mayor Keith Corbett presented the winners with the following awards: Grade 4 Poster Contest: 1st Place - Tyler Davis, 2nd Place - Dante Martinson, 3rd Place – Shawna Nupen, Honorable Mention - Allyson Couser. Grade 5 Poster Contest: 1st Place – Tavyn Jae Everding, 2nd Place - Autumn Brink, 3rd Place - Honor Naughton, Honorable Mention - Alexis (Lexi) Erp. Middle School Essay Contest: 1st Place - Anika Hooda, 2nd Place - Shae Lefers, 3rd Place - Taya Haselhorst. High School Essay Contest: 1st Place - Grace Enz, 2nd Place - Cherish Stern, 3rd Place - Victoria Diersen. SDSU Student Association Report. Hattie Seten, SDSU Students Association Government Affairs Chair, provided an update on SDSU happenings to the City Council and public. Brookings Municipal Liquor Store Presentation. Brookings Municipal Liquor Store Manager Janet Coplan provided an overview of the Municipal Liquor Store to the City Council and the public. Resolution 20-009. A motion was made by Council Member Hansen, seconded by Council Member Bacon, that Resolution 20-009, a Resolution to approve the purchase of a 2020 Fire Engine from Toyne, Inc., Breda, IA / Allegiant Emergency Services, Sioux Falls, SD, through Sourcewell Contract #022818-TOY, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell Absent: 1 - Tilton Byrne. Resolution 20-009 - Resolution to approve the purchase of a 2020 Fire Engine from Toyne, Inc., Breda, IA / Allegiant Emergency Services, Sioux Falls, SD, through Sourcewell Contract #022818-TOY. Whereas, the City of Brookings Fire Department requests to purchase a 2020 Fire Engine from Toyne, Inc., Breda, IA / Allegiant Emergency Services, Sioux Falls, SD, through Sourcewell Contract #022818-TOY; and Whereas, the 2020 Fire Engine will replace a 2001 Fire Engine. Replacement of Fire Engines occur on an 18-year basis in order to reduce maintenance costs and breakdowns; and Whereas, the overall price for the 2020 Fire Engine from Toyne, Inc., Breda, IA / Allegiant Emergency Services, Sioux Falls, SD, is $605,243.00; and Whereas, Toyne, Inc., Breda, IA / Allegiant Emergency Services, Sioux Falls, SD, is offering a trade-in value of $65,000.00 for the 2001 Fire Engine; and Whereas, the 2020 CIP has a budgeted amount of $150,000.00 to cover the first installment. Now, Therefore, Be It Resolved that the contract from Toyne, Inc., Breda, IA / Allegiant Emergency Services, Sioux Falls, SD, in the amount of $540,243.00 be accepted. Resolution 20-014. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that Action on Resolution 20 -014, a Resolution authorizing a Interfund Loan from the Landfill Fund to the Fire Department to be used for the purchase of a 2020 Fire Engine. be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 - Tilton Byrne. Resolution 20-014 - Resolution Authorizing a Interfund Loan from the Landfill Fund to the Fire Department to be used for the purchase of a 2020 Fire Engine Whereas, the Brookings Fire Department is purchasing a 2020 Fire Engine and desires to finance a portion of the purchase price using an Interfund Loan from the Brookings Landfill Fund; and Whereas, in accordance with SDCL 9-22-24, the City is authorized, upon approval of the City Council, to loan unrestricted cash from one fund to another fund of the City; and Whereas, it is in the best interests of the City of Brookings to finance the purchase of said fire equipment internally through a Interfund Loan from the Landfill Fund to the Fire Department Fund. Now, Therefore, Be It Resolved, that the City Manager is directed to execute an Interfund Loan from the Landfill Fund to the Fire Department Fund, providin g an annual interest rate of 1.55%, payable as follows: Principal: $540,243 Interest: 1.55% Term: 6-year term, 1 payment per year FIRST READING – Ordinance 20-003. Introduction and First Reading was held on Ordinance 20-003, an Ordinance Authorizing Supplemental Appropriation No. 2 to the 2020 Budget. Second Reading: February 11, 2020. Ordinance 20-002. A motion was made by Council Member Hansen, seconded by Council Member Brink, that Ordinance 20-002, an Ordinance authorizing Supplemental Appropriation No. 1 to the 2020 Budget, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 - Tilton Byrne. Temporary Liquor Application. A public hearing was held on a Temporary Liquor Application from St. Thomas More Catholic School, to operate within the City of Brookings, South Dakota, on February 1, 2020, for a Winter Gala and Grand Auction to be held at 1700 8th Street South. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that the Temporary Liquor Application be approved. Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 - Tilton Byrne. Resolution 20-010. A public hearing was held on Resolution 20 -010, a Resolution of Intent to Lease Real Property at Brookings Airport to Madison Aircraft, LLC. A motion was made by Council Member Bacon, seconded by Council Member Niemeyer, that Resolution 20-010 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 - Tilton Byrne. Resolution 20-010 - A Resolution of Intent to Lease Real Property at Brookings Airport to Madison Aircraft, LLC Be It Resolved by the governing body of the City of Brookings, South Dakota, th at the City of Brookings intends to enter into a Lease with Madison Aircraft, LLC for a period of five (5) years, commencing on January 1, 2020 and ending December 31, 2024 and pertaining to the following described property: 4,096 square feet in Lot U1, A irport Hangar Addition Number One, Section 26, Township 110 North, Range 50 West of the 5th P.M., City of Brookings, County of Brookings, State of South Dakota. The lease will be payable annually by the last day of January of each year and subject to increases set by the Brookings City Council. The 2020 lease amount will be five hundred thirty-two dollars and forty-eights cents ($532.48) payable January 31, 2020. The City of Brookings may terminate this Lease with sixty (60) days notice. Be It Further Noted, that a Public Hearing on this Resolution was held on January 28, 2020 at 6:00 o’clock P.M. in the Chambers at the Brookings City and County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution 20-011. A public hearing was held on Resolution 20 -011, a Resolution of Intent to Lease Real Property at Brookings Airport to Civil Air Patrol, Inc. A motion was made by Council Member Hansen, seconded by Council Member Brink, that Resolution 20-011 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 - Tilton Byrne. Resolution 20-011 - Resolution of Intent to Lease Real Property to Civil Air Patrol, Inc. Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with Civil Air Patrol, Inc., for a period of five (5) years, commencing on February 1, 2020 and ending December 31, 2024 and pertaining to the following described property: approximately 1,040 square feet in the Brookings Airport Terminal Building in Section 26-T110N-R50W, City of Brookings, South Dakota. The Lease will be in the amount of eighty-four dollars and forty-two cents cents ($84.42) per month, payable by the first day of each month. The lease amount will be increased 3% beginning on January 1st of each year. The Lessor or Lessee may terminate this Lease with a notice of 30 days. Be It Further Noted, that a public hearing on this Resolution was held on January 28, 2020 at 6:00 o’clock P.M. at the Chambers at the City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution 20-012. A motion was made by Council Member Bacon, seconded by Council Member Brink, that Resolution 20-012, a Resolution Amending the Consolidated Fee Schedule, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 - Tilton Byrne. Resolution 20-012 - Resolution Amending the Consolidated Fee Schedule Whereas, the adopted Municipal Code and City Policies make references to fees charged; and Whereas, it is prudent that the fees be reviewed for cost effectiveness. Now, Therefore, Be It Resolved, that the City of Brookings hereby adopts the following adjustments to the 2020 Consolidated Fee Schedule: Fee Description Resolution City Code Fee Hillcrest Aquatics Center Season Pass Individual 19-075 Sec. 62-45 $60.00 Family of Three (3) 19-075 Sec. 62-45 $150.00 Daily Admission 19-075 Sec. 62-45 $6.00 Discount Cards 19-075 Sec. 62-45 $54.00 Recreation Programs Red Cross Lessons – Early Bird 19-075 Sec. 62-45 $35.00 Wee Waders – Early Bird 19-075 Sec. 62-45 $35.00 Junior Lifeguarding – Early Bird 19-075 Sec. 62-45 $40.00 Red Cross Lessons 19-075 Sec. 62-45 $41.00 Wee Waders 19-075 Sec. 62-45 $41.00 Junior Lifeguarding 19-075 Sec. 62-45 $46.00 Planning & Zoning Initial Development Plan Amendment 19-075 Sec. 66-29 $250.00 Final Development Plan Amendment 19-075 Sec. 66-29 $100.00 Portable Signs Per Month (maximum permit period shall not carry over from one permit period to the next) 19-075 Sec. 94- 467 $50.00 Fee Description Early Bird Regular Unlimited Golf Youth $190.00 $225.00 Young Adult $465.00 $550.00 Senior / Veteran $465.00 $550.00 Young Adult Couple $520.00 $610.00 Senior Couple $520.00 $610.00 Individual $550.00 $650.00 Couples $630.00 $750.00 Family $720.00 $850.00 College Student $255.00 $300.00 Unlimited Golf & Half Cart Packages Young Adult $725.00 $850.00 Senior / Veteran $725.00 $850.00 Young Adult Couple $780.00 $920.00 Senior Couple $780.00 $920.00 Individual $745.00 $875.00 Couples $805.00 $950.00 Family $850.00 $1,000.00 College Student $455.00 $535.00 All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Resolution 20-013. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that Resolution 20-013, a Resolution Authorizing the City Manager to sign a Memorandum of Understanding between the South Dakota Department of Transportation (SDDOT) and the City of Brookings for the 20th Street South BUILD Project, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; Absent: 1 - Tilton Byrne. Resolution 20-013 - A Resolution Authorizing the City Manager to Sign Memorandum of Understanding between the South Dakota Department of Transportation (SDDOT) and the City of Brookings for the 20th Street South BUILD Project Whereas, the Brookings City Council desires the construction of a new interchange at Interstate 29 and 20th Street South in Brookings, SD; and Whereas, the project will be added into the Statewide Transportation Improvement Program and given project number EM 0295(45)130 and PCN 020V; and Whereas, the City has been awarded a federal “Better Utilizing Investments to Leverage Development (BUILD)” Grant in the amount of $18,677,630.00 towards the project; and Whereas, the City has requested the State of South Dakota to function as the administrator for the Project along with the Federal Highway Administration (FHWA); and Whereas, the City of Brookings has agreed to be responsible for all local match requirements for the Project, provide Project Management, and other provisions described in a Memorandum of Understanding between the SDDOT and City of Brookings. Now, Therefore, Be It Resolved that the City Manager of the City of Brookings is authorized to sign a Memorandum of Understanding between the SDDOT and City of Brookings for the 20th Street South BUILD Project. MEMORANDUM OF UNDERSTANDING BETWEEN SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION AND CITY OF BROOKINGS, SOUTH DAKOTA THIS MEMORANDUM OF UNDERSTANDING (MOU) is made by and between the State of South Dakota, acting by and through its Department of Transportation, referred to in this MOU as the “STATE,” and the city of Brookings, South Dakota, referred to in this MOU as the “CITY.” BACKGROUND: 1. The CITY wants to build a new interchange at Interstate 29 (I -29) and 20th Street South, referred to in this MOU as the “PROJECT.” 2. The PROJECT will be added into the Statewide Transportation Improvemen t Program and given project number EM 0295(45)130 and PCN 020V. 3. The CITY has been awarded a federal “Better Utilizing Investments to Leverage Development (BUILD) grant, referred to in this MOU as the “GRANT,” in the amount of Eighteen Million Six Hundred Seventy-seven Thousand Six Hundred Thirty Dollars ($18,677,630.00) towards the total PROJECT cost. 4. The total PROJECT cost is estimated to be Twenty-three Million Three Hundred Forty-seven Thousand Thirty-seven Dollars ($23,347,037.00). 5. he CITY, in combination with Brookings County and private development partners, have committed local match in the amount of Four Million Six Hundred Sixty-nine Thousand Four Hundred Seven Dollars ($4,669,407.00) for the PROJECT. 6. The BUILD GRANT funds must be obligated by September 15th, 2021. 7. The BUILD GRANT funds must be expended by September 30th, 2026. 8. The CITY is requesting the STATE to assume administration responsibilities for the PROJECT. THE STATE AND THE CITY MUTUALLY AGREE AS FOLLOWS: A. THE STATE’S RESPONSIBILITIES 1. he STATE will function as the administrator for the PROJECT along with the Federal Highway Administration (FHWA). 2. The STATE will bill the CITY for any required local match associated with expenditures of the PROJECT. 3. The STATE will bill the CITY for any costs in excess of the total estimated cost of the PROJECT. 4. The STATE will bill the CITY for any costs deemed ineligible for GRANT funding by the STATE or FHWA. 5. The STATE will provide the following: a. Project agreements authorizing federal funding through FHWA; b. Technical assistance to the CITY for the PROJECT; c. Geotechnical recommendations; d. Surfacing recommendations; e. Plans Specifications and Estimate (PS&E) review, letting, and construction administration; f. A more detailed agreement for the PROJECT prior to PS&E approval; and g. Coordination on the development of a GRANT agreement with FHWA. 6. Upon completion of the PROJECT, it is the intent that the STATE will assume jurisdiction, ownership, replacement, repair, and maintenance responsibilities for all portions of the PROJECT within the control of access. B. THE CITY’S RESPONSIBILITIES 1. The CITY will be responsible for all local match requirements for the PROJECT. 2. The CITY will coordinate all match and reimbursements with other partners as identified in BACKGROUND Paragraph 4 above. 3. The CITY will be responsible for any costs determined ineligible for GRANT funding by the STATE or FHWA. 4. The CITY will be responsible for any costs in excess of the estimated PROJECT costs. 5. The City Engineer will function and assume all duties as the Project Manager (PM) for the PROJECT. 6. The PM will: a. Adhere to the design criteria required by the STATE and FHWA. b. Assume the responsibilities of Project Management as identified in Chapter 2 of the South Dakota c. Road Design Manual and any updates to the chapter. d. Be responsible for review and approval of all billings for the PROJECT, with the exception of billings related to construction of the PROJECT. e. Be responsible for development of all documents and activities including but not limited to, design, plans preparation, utility coordination, Right-of-Way acquisition (and related activities), and environmental clearances related to preliminary engineering services in accordance with STATE and FHWA requirements. C. PROJECT LETTING The STATE plans to let the PROJECT by September 15, 2021. In order to meet this letting deadline, it is imperative that the CITY promptly provide plans and related documents for the PROJECT to the STATE. Time is of the essence. The CITY must provide PROJECT deliverables and related documents to the STATE by the following deadlines: June 30, 2020 The CITY will submit PROJECT preliminary Gradeline plans. August 12, 2020 The CITY will conduct the Preliminary Design Inspection including Type Size and Location (TS&L) for any structures. October 23, 2020 The CITY will conduct the Final Design Inspection. December 16, 2020 The CITY will provide a Release to Right-of-Way. February 9, 2021 The CITY will release final plans for review to the STATE. June 15, 2021 The CITY will provide all certifications, final plans, right-of- way certifications, environmental clearances, utility certifications, and necessary state and federal PROJECT documentation. D. GENERAL CONDITIONS: 1. This MOU may not be amended, except in writing, which writing will be expressly identified as a part of this MOU and be signed by an authorized representative of each of the parties. 2. If the CITY breaches any of the terms or conditions of this MOU, the STATE may terminate this MOU at any time with or without notice. If the STATE terminates the MOU, the CITY will be responsible for reimbursing the STATE for all PROJECT costs paid for with GRANT funds and all PROJECT costs incurred by the STATE in meeting its responsibilities under this Agreement, including labor costs and expenses for STATE staff. 3. This MOU depends upon the continued availability of appropriated funds and expenditure authority from the Legislature and the continued availability of the GRANT funds from the federal government. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or any funds become unavailable by operation of law or federal funds reductions or denials, the MOU may be terminated by the STATE. Termination for any of these reasons is not a default by the STATE nor does it give rise to a claim against the STATE. 4. The CITY has designated its City Manager as the CITY’S authorized representative and has empowered the City Manager with the authority to sign this MOU on behalf of the CITY. A copy of the CITY’S Council minutes or resolution authorizing the execution of this MOU by the City Manager as the CITY’S authorized representative is attached to this MOU as Exhibit A. 5. Any notices or submissions required under this MOU will be provided to the following: For the CITY For the STATE Jackie Lanning Scott Rabern City Engineer Chief Road Design Engineer Suite 140 South Dakota Dept. of Transportation Brookings, SD 57006 700 East Broadway Pierre, SD 57501 This MOU is binding upon the signatories not as individuals, but solely in their capacities as officials of their respective organizations and acknowledges proper action of the STATE and the CITY to enter into the same. State of South Dakota City of Brookings, South Dakota Department of Transportation By: By: Its: City Manager Its: Secretary Date: Date: Attest: Approved as to Form: City Clerk Special Assistant Attorney General (CITY SEAL) Progress Report. Jacob Meshke, Assistant City Manager, provided a progress report highlighting the City’s activities/projects. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Brink, that this meeting be adjourned at 7:05 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ ATTEST: Keith W. Corbett, Mayor __________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0062,Version:1 Action on a request to abate property taxes from the City of Brookings in the amount of $1,413.17, located on the W ½ of Lot 4, All of Lot 5, Block 1, Hill Park Addition, City of Brookings (1110 4 th Street). Parcel #40245-00100-004-00. Summary: The City of Brookings has applied to abate a portion of their property taxes in the amount of $1,413.17 for the W ½ of Lot 4, All of Lot 5, Block 1, Hill Park Addition, City of Brookings (1110 4 th Street). Parcel #40245-00100-004-00. This property was purchased from Barry Mielke on June 4, 2019. County Assessor Calculations: 2019 pay 2020 tax = $2,546.22 $2,546.22/365 = $6.729 per day Abate 210 days x $6.729 = $1,413.17 Fiscal Impact: The property tax revenue will be reduced by $1,413.17. Recommendation: County Assessor recommends approval. Attachments: Abatement Application City of Brookings Printed on 2/6/2020Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0064,Version:1 Recognition of Brookings Park & Recreation Dept. employee promotion. Summary: Parks, Recreation & Forestry Director Dusty Rodiek will introduce to the City Council and public a department employee who has been recently promoted. The promoted staff include: ·Greg Redenius - promoted from Golf Course Supervisor to Edgebrook Golf Course Superintendent 1/1/2020. City of Brookings Printed on 2/6/2020Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0074,Version:1 Brookings Municipal Utilities Financial Report. Summary: Presentation by Steve Meyer, General Manager, and Laura Julius, Finance & Account Manager. Attachments: Presentation City of Brookings Printed on 2/6/2020Page 1 of 1 powered by Legistar™ QUARTERLY FINANCIAL PRESENTATION BMU / SWIFTEL COMMUNICATIONS February 11, 2020 Combining Balance Sheet December 31, 2016, 2017, 2018 & 2019 Reported in Millions (0,000,000) Total Funds 2016 Total Funds 2017 Total Funds 2018 Total Funds 2019 Assets:$75.7 $78.1 $83.4 $88.1 Fixed Assets: Cost $205.7 $214.5 $221.4 $228.8 Accumulated Depr.($95.9)($102.0)($108.0)($113.4) Total Fixed Assets $109.8 $112.5 $113.4 $115.4 Total Assets $185.5 $190.6 $196.8 $203.5 Liabilities:$57.2 $53.2 $47.9 $44.1 Equity:$128.3 $137.4 $148.9 $159.4 Total Liabilities & Equity $185.5 $190.6 $196.8 $203.5 BMU Balance Sheets by Fund December 31, 2019 Reported in Millions (0,000,000) Electric Fund Telephone Fund Wastewater Fund Water Fund Total Funds Assets:$24.5 $31.3 $15.5 $16.8 $88.1 Fixed Assets: Cost $59.8 $88.3 $56.7 $24.0 $228.8 Accumulated Depr.($23.1)($66.1)($16.3)($7.9)($113.4) Total Fixed Assets $36.7 $22.2 $40.4 $16.1 $115.4 Total Assets $61.2 $53.5 $55.9 $32.9 $203.5 Liabilities:$9.3 $5.7 $28.0 $1.1 $44.1 Equity:$51.9 $47.8 $27.9 $31.8 $159.4 Total Liabilities & Equity $61.2 $53.5 $55.9 $32.9 $203.5 Combined Statement of Revenue and Expenses December 31, 2016, 2017, 2018 & 2019 Reported in Millions (0,000,000) Total Funds 2016 Total Funds 2017 Total Funds 2018 Total Funds 2019 Total Revenue:$72.2 $73.0 $79.6 $78.5 Total Expenses:($62.3)($61.6)($64.4)($65.6) Income Before Operating Transfers $9.9 $11.4 $15.2 $12.9 General Fund Transfer:($2.2)($2.3)($2.3)($2.4) Net Income $7.7 $9.1 $12.9 $10.5 BMU Statement of Revenue and Expenses December 31, 2019 Reported in Millions (0,000,000) Electric Fund Telephone Fund Wastewater Fund Water Fund Total Funds Total Revenue:$31.1 $34.4 $6.5 $6.5 $78.5 Total Expenses:($24.7)($32.0)($5.4)($3.5)($65.6) Income Before Operating Transfers $6.4 $2.4 $1.1 $3.0 $12.9 General Fund Transfer:($2.2)($0.2)$0.0 $0.0 ($2.4) Net Income $4.2 $2.2 $1.1 $3.0 $10.5 BMU Statement of Revenue and Expenses Reported in Millions (0,000,000) Actual YTD 12/31/19 Annual Budget 2019 Total Revenue:$78.5 $75.0 Total Expenses:($65.6)($64.8) Income Before Operating Transfers $12.9 $10.2 General Fund Transfer:($2.4)($2.4) Net Income $10.5 $7.8 $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Capital Expenditures -Total Funds Questions City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 20-008,Version:1 Action on Resolution 20-008, a Resolution to approve the purchase of new Automated Yard Waste Carts from Sanitation Products, Inc., Sioux Falls, SD, through Sourcewell Contract #041217-SRF. Summary: This resolution will award the purchase of 3,965 yard waste carts from Sanitation Products, Inc., Sioux Falls, SD, for $235,931.58 through Sourcewell Contract #041217-SRF. The attainment of the carts will allow the implementation of the new automated yard waste collection program. Residents can request extra carts if needed. Yard Waste material is picked up twice a week. Background: The current yard waste collection program consists of selling paper yard waste bags to Brookings residents through various avenues. The Collection Department currently picks up over 67,000 bags annually. Additionally, a drop off location is provided for residents at the Landfill, the Community Gardens, and a new site yet to be determined. Fiscal Impact: The City will enter into a contract with Sanitation Product, Inc. to purchase of 3,965 carts will cost $235,931.58. Shifting to the automated yard waste collection system alleviates the need of replacing the $200,000 rear-load garbage truck as part of the 2020 Capital Improvement Plan. The $200,000 in savings from the budgeted truck expenditure and $40,000 in savings from bag purchases provides the funds for the yard waste cart purchase. Recommendation: Staff recommends approval. Attachments: Memo Resolution Appendix City of Brookings Printed on 2/6/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Todd Langland, Director of Solid Waste Council Meeting: February 11, 2020 Subject: Yard Waste Cart Bid Award Person(s) Responsible: Todd Langland, Director of Solid Waste Summary: This resolution will award the purchase of 3,965 yard waste carts from Sanitation Products, Inc., Sioux Falls, SD, for $235,931.58 through Sourcewell Contract #041217- SRF. This purchase will allow the implementation of the new automated yard waste collection program. Yard Waste material is picked up twice a week. Residents can request extra carts for a fee of $4.00 per month. The current yard waste program was started in 1994 to provide a service to the resident for the material. Background: The current Yard W aste Collection Program consists of selling paper yard waste bags to Brookings residents through various avenues. The Collection Department picks up over 67,000 bags annually. The bags are pickup manually with one operator driving the truck and the second on riding on the back. This process creates a greater risk of injury to the employee. Additionally, a drop off location is provided for residents at the Landfill, the Community Gardens, and a new site which is yet to be determined. Item Details: Implementation Timeline:  February - approval of Resolution to purchase yard waste carts  February - begin marketing program for yard waste carts  February - order carts (4-6 week anticipated delivery)  March / April - delivering yard waste carts to residents who request them  Fall 2020 - yard waste bags will be available for fall leaf pick up until inventory is gone. Extra carts will be available for a fee of $4.00 per month.  April 2021 - Implement new yard waste cart program. No bags will be accepted unless they are placed in the cart. Marketing Program  Brookings Register - ads will run twice a week. It will be incorporated with Spring Cleanup ads in March.  Radio ads - will run daily  Press Release - February  Social Media - twice a week  Media Video - will work with Chelsie on outlets The program will provide safer working conditions for employees, which improves our risk management, but more importantly, takes employees out of hazardous conditions of jumping on and off the back of the truck, slipping on wet streets, lifting heavy wet bags thus preventing any physical injuries. The refuse will be more protected from the elements and allow easy automated pick up. This process will increase efficiencies with the reduction of physical labor and cleaner pickup. T he city will provide the maintenance on the carts. Implementation will be provided incrementally with adequate marketing and communication of the process. The implementation of the yard waste cart system will start with marketing the cart and asking the residents to call in and request a cart. The remaining yard bag inventory will be delivered to businesses when they are requested. The landfill has currently received over 100 requests the yard waste carts. Staff utilized Sourcewell to find the best qualified product. Sourcewell exists to help government, education, and nonprofits work more efficiently by providing a wide range of cooperative contracts while complying with competitive bid process requirements. Please see appendix for Sourcewell bidding information . The current staff for Collection is five. This number is down from the previous years of seven. This is due in part to the automation for the Garbage and recycling operation. No current staff members are being eliminated from the Solid Waste Department. However, going to an automated system provides financial savings in bag costs as well as quantifiable efficiencies as staff time can be reassigned to other prioritized tasks. Legal Consideration: SourceWell Documents were review. Strategic Plan Consideration: The move to the automated yard waste cart system is the next step in improving the sustainability practices for the Solid Waste Department. The material collected is haul to the landfill and screened into compost for our residents to use at no charge. The compost can be used for flower beds, grass seeding, raised gardens and other projects that home owners may be working on. This will also free up staff time to help with community growth Financial Consideration: The up-front investment in the yard waste carts is $235,931.58. Average annual cost of $23,593.16 based on the 10-year warranty. One cart costs $59.50. Over the 10-year warranty, cost per cart is less than $6.00 per year. The Yard Waste Cart Program will operate approximately 6 months out of the year, assessing the cost of the cart at $1.00 per month. If the average resident uses three yard bags per week the cost is $3.00 and the cost for the city to own the cart would be $.25 per week. The cost of the yard waste bags is $.50 each. Under the current yard waste program, the city purchases an average of 67,000 bags annually for a total annual cost of $33,500.00. The City sells the bags at $.45 per bag, which provides $30,150.00 to fund the program. This amount funds the labor, fuel cost and truck maintenance. The $.05 per bag City subsidy multiplied by 67,000 bags amounts to $3,350.00 that reduces the annual amortized cost of the carts to $20,243.00. The cost of a full time Collection Department employee, with benefits, is approximately $60,000.00 per year. This employee cost will be spread out over other areas of the operation, making operations more efficient. The city will save approximately $3,400 per year by taking the bags out of circulation. The automated system will allow one full-time employee, at the annual salary and benefit value of $ 60,000.00, to be assigned to strategic action task: of increased grow in the community,. Additional savings is experienced as the rear-load garbage truck scheduled in 2020 for the Solid Waste Collection Capital Improvement Fund will not be needed. The cost of the truck would be $200,000.00. With the implementation of the automated yard carts, the work load of this rear-load garbage truck will shift to the automated trucks and would not need to be purchased at this time. The truck expenditure savings of $200,000.00, and the saving of bags purchases of $40,000.00 provides the funds from the operating budget to purchase the carts. The Collection has an estimated cash balance as of 12/31/2019 of $ 439,562.00. The City will enter into a contract with Sanitation Products, Inc. to purchase 3,965 carts at a cost of $235,931.58. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Deny 3. Move the item to a work session 4. Do nothing Staff recommends approval of resolution as presented. Supporting Documentation: 1. Resolution 2. Appendix Resolution 20-008 Action on Resolution 20-008, a Resolution to approve the purchase of new Automated Yard Waste Carts from Sanitation Products, Inc., Sioux Falls, SD, through Sourcewell Contract #041217-SRF Whereas, the City of Brookings will purchase Automated Yard Waste Carts through Sourcewell Contract #041217-SRF from Sanitation Products, Inc., Sioux Falls, SD; and Whereas, the City of Brookings will purchase from Sanitation Products, Inc. 3,965 new automated Yard Waste Carts for the amount of $235,931.58; and Whereas, the automated Yard Waste Carts will be delivered and payment made after March 1, 2020. Now, Therefore, Be It Resolved that the contract from Sanitation Products, Inc., Sioux Falls, SD, in the amount of $235,931.58, be accepted. Passed and approved this 11th day of February, 2020. CITY OF BROOKINGS ________________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk Appendix: Sourcewell Sourcewell is part of the Minnesota Service Cooperatives created by the Minnesota Legislature as a local unit of government (Minn. Const. Art. XII, Sec. 3). Sourcewell exists to help government, education, and nonprofits work more efficiently by providing a wide range of cooperative contracts while complying with competitive bid process requirements. Their contracts are designed to help fulfill purchasing needs while making the buying process more efficient. All vendor agreements are the result of formal bids or negotiated contracts for equipment, products, and services. State Statutes showing Sourcewell is in compliance with competitive bidding requirements:  Minnesota Statute 471.345 Subdivision 15 “A municipality may contract for the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements of this section if the purchase is through a national municipal association’s purchasing alliance or cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotation.”  SDCL 5-18A-22.3 states “any purchase of supplies or services, other than professional services, by purchasing agencies form any active contract that has been awarded by any government entity by competitive sealed bids or competitive sealed proposals or from any contract that was competitively solicited and awarded within the previous twelve months.” Sourcewell: https://www.sourcewell-mn.gov/ Sourcewell Compliance & Legal Authority: https://www.sourcewell-mn.gov/compliance- legal?domain=njpacoop.lightning.force.com City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 20-001,Version:2 Public Hearing and Action on Ordinance 20-001, a Joint Jurisdiction Rezoning Request for the South 150’ of the East 165’ of Lot 1, Krogman First Addition, in the SE ¼ of the SE ¼ of Section 16 T110N- R50W, from Joint Jurisdiction Residence R-1B to a Joint Jurisdiction Business B-3 Heavy District (1806 US Highway 14). Summary: The applicant is seeking a rezoning request for a portion of property located at 1806 US Highway 14 from JJR-1B to JJB-3 District as the applicant would like to relocate the existing residence and use the property for a use consistent with the Joint Jurisdiction B-3 District. Background: The 2.32-acre property is located just north of US Highway 14 and a portion of the land was rezoned from JJB-3 to JJR-1B in 1995 to allow for a residence to be constructed. The ownership of the property has changed and the current owner would like to relocate the existing home to another location and use the entire parcel for business uses. The land to be rezoned is entirely surrounded by property zoned JJB-3 with the RJ’s Gas Stop immediately to the south. Both the County and City Planning Commissions recommended approval of the rezoning request at the Joint Planning Commission Meeting on December 2, 2019. The County Commissioners and City Council hear the rezoning request and make the final determination. The rezoning request is completed through an ordinance which requires two (2) readings. Findings of Fact: 1.The 2040 City of Brookings Comprehensive Plan shows this general area as either commercial or low density residential. The City comprehensive plan supports rezoning the property to JJB-3 District. 2.The general area is predominately zoned JJB-3 District. Staff Recommendation: Staff recommends approval of the rezoning request based on the support of the City Comprehensive Plan and the surrounding land uses. Planning Commission Recommendation: The City and County Planning Commissions unanimously recommend approval of the rezoning request. Attachments: Memo Ordinance - Clean Ordinance - Marked Notice City of Brookings Printed on 2/6/2020Page 1 of 2 powered by Legistar™ File #:ORD 20-001,Version:2 12-02-2019 Planning Commission Minutes Rezoning Applications Zoning Exhibit Map Aerial Map JJB-3 District County Staff Report City of Brookings Printed on 2/6/2020Page 2 of 2 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Meeting: January 28, 2020 Subject: Joint Jurisdiction Rezoning Request for the South 150’ of the East 165’ of Lot 1, Krogman First Addition, in the SE ¼ of the SE ¼ of Section 16T110N-R50W, from Joint Jurisdiction Residence R-1B to a Joint Jurisdiction Business B-3 Heavy District. (1806 US Highway 14) Person(s) Responsible: Mike Struck, Community Development Director Summary: The applicant is seeking a rezoning request for a portion of property located at 1806 US Highway 14 from JJR-1B to JJB-3 District as the applicant would like to relocate the existing residence and use the property for a use consistent with the Joint Jurisdiction B-3 District. Background: The 2.32-acre property is located just north of US Highway 14 and a portion of the land was rezoned from JJB-3 to JJR-1B in 1995 to allow for a residence to be constructed. The ownership of the property has changed and the current owner would like to relocate the existing home to another location and use the entire parcel for business uses. The land to be rezoned is entirely surrounded by property zoned JJB -3 with the RJ’s Gas Stop immediately to the south. Both the County and City Planning Commissions recommended approval of the rezoning request at the Joint Planning Commissio n Meeting on December 2, 2019. The County Commissioners and City Council hear the rezoning request and make the final determination. The rezoning request is completed through an ordinance which requires two (2) readings. Discussion: Staff has no concerns with the rezoning request as it is supported by the City Comprehensive Plan and the existing surrounding land uses. Legal Consideration: None. Financial Consideration: None. Options: The City Council has the following options: 1. Approve as presented 2. Deny Staff Recommendation: Staff recommends approval of the rezoning request. Planning Commission: The City and County Planning Commissions both unanimously recommend approval of the rezoning request. Action Requested: Approval of the rezoning request. Supporting Documentation: 1. Ordinance – Clean 2. Ordinance – Marked 3. Notice 4. 12-02-2019 Planning Commission Minutes 5. Rezoning Applications 6. Zoning Exhibit Map 7. Aerial Map 8. JJB-3 District 9. County Staff Report Ordinance 20-001 An ordinance to change the zoning within the Joint Jurisdictional Area surrounding the City of Brookings Be It Ordained by the governing body of the City of Brookings, South Dakota, Section 1. That the real estate situated in the Joint Jurisdictional area surrounding the City of Brookings, County of Brookings, State of South Dakota, described as follows: South 150’ of the East 165’ of Lot 1, Krogman First Addition, in the SE ¼ of the SE ¼ of Section 16 T110N-R50W, be and the same is hereby rezoned and reclassified from a class Joint Jurisdiction Residence R-1B to a Joint Jurisdiction Business B-3 Heavy District (1806 US Highway 14). In accordance with Section 800 of Article VIII of Appendix C-Joint Jurisdictional Area Zoning, of the Brookings Joint Jurisdiction Ordinance, Brookings South Dakota, as said districts are more fully set forth and described in Articles III, IV, V and VI or Ordinance No. 14-80 Appendix C of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to said Ordinance No. 14-80 Appendix C of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading: January 14, 2020 Second Reading and Adoption: February 11, 2020 Published: February 20, 2020 CITY OF BROOKINGS ________________________________ Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk Ordinance 20-001 An ordinance to change the zoning within the Joint Jurisdictional Area surrounding the City of Brookings Be It Ordained by the governing body of the City of Brookings and Brookings County, South Dakota, that Official Joint Jurisdiction Zoning Map shall be amended as follows: Section 1. That the real estate situated in the Joint Jurisdictional area surrounding the City of Brookings, County of Brookings, State of South Dakota, described as follows: South 150’ of the East 165’ of Lot 1, Krogman First Addition, in the SE ¼ of the SE ¼ of Section 16 T110N-R50W, be and the same is hereby rezoned and reclassified from a class Joint Jurisdiction Residence R-1B to a Joint Jurisdiction Business B-3 Heavy District (1806 US Highway 14). In accordance with Section 800 of Article VIII of Appendix C-Joint Jurisdictional Area Zoning, of the Brookings Joint Jurisdiction Ordinance, Brookings South Dakota, as said districts are more fully set forth and described in Articles III, IV, V and VI or Ordinance No. 14-80 Appendix C of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to said Ordinance No. 14-80 Appendix C of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading: January 14, 2020 Second Reading and Adoption: February 11, 2020 Published: February 20, 2020 COUNTY OF BROOKINGS CITY OF BROOKINGS ________________________________ Chair Keith W. Corbett, Mayor ATTEST: ATTEST: ________________________ Vickie Buseth , Finance Officer Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN That Caleb Svartoien of EC Properties, LLC submitted a petition to rezone the following described real estate in the Joint Jurisdiction Area of the City of Brookings and Brookings County, South Dakota: The South 150’ East 165’ of Lot 1, Krogman First Addition, SE ¼ SE ¼ Section 16T-110N-R50W, also known as 1806 US Hwy 14, from a Joint Jurisdiction Residence R-1B Single-Family District to a Joint Jurisdiction Business B-3 Heavy District. NOTICE IS FURTHER GIVEN That said request will be acted on by the Brookings City Council 6:00 PM on Tuesday, February 11, 2020 for Second Reading of Ordinance in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard in this matter. Dated this 24th day of January, 2020. Staci Bungard City Planner City & County Joint Planning Commission Brookings, South Dakota December 2, 2019 OFFICIAL MINUTES City Chairperson Eric Rasmussen called the meeting of the City & County Planning Commission to order on Monday, December 2, 2019, at 7:00 PM in the Chambers Room #310 on the third floor of the City & County Government Center. City members present were Tanner Aiken, James Drew, Alan Johnson, Gregg Jorgenson, Jason Meusburger, Lee Ann Pierce, Greg Fargen and Rasmussen. City member absent was Ashley Biggar. County members present were Kimberly Elenkiwich-Chairperson, Mike Bartley, Michael McHugh, Tom Davis, Darrell Nelson, Darrel Kleinjan, Chad Ford, Terrell Spence, Randy Jensen and non-voting alternate Roger Erickson. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, County Development Deputy Director Richard Haugen, Caleb Svartoien, Luke Muller, and others. Item #3a – Caleb Svartoien of EC Properties LLC has submitted a petition to rezone the South 150’ East 165’ of Lot 1, Krogman First Addition, SE1/4 SE1/4 Section 16 -T110N- R50W, also known as 1806 US Hwy 14 from Joint Jurisdiction Residence R -1B Single-Family District to a Joint Jurisdiction Business B-3 Heavy District. (Johnson/Aiken) Motion for the City Planning Commission to approve the rezone request. All present voted aye. MOTION CARRIED. (Bartley/McHugh) Motion for the County Planning Commission to approve the rezone request. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #3a – The applicant is seeking a rezone request from a JJR1 -B District to JJB-3 Heavy Commercial District. This property is located just north of Hwy 14. In 1995 a portion of this land was rezoned from a JJB-3 to a JJR-1B to allow for a residence to be constructed. The current owner is planning to relocate the residence and use the whole parcel for commercial purposes. The 2040 City of Brookings Comprehensive Plan shows this area as commercial or low density residential and supports the JJB-3 rezone. Caleb Svartoien explained that they would like to move the house off of this property and then use it for commercial purposes. They own a landscaping business and will use this property for the business. Pierce requested a list of the permitted uses if this rezoning request is allowed. Bungard provided a list of the permitted uses and special exception uses allowed by the Board of Adjustment. B rook ings County, SD Aeria l Map 120 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds S:\City Engrs\dms\Ordinances\JJA Zoning Ord.DOC42 42 .10 Financial institution (Ord. 5-95, 2-28-95) .11 Grocery supermarket (Ord. 5-95, 2-28-95) .12 Automobile sales (Ord. 5-95, 2-28-95) .13 Gas dispensing station (Ord. 5-95, 2-28-95) .14 Parking facility or lot (Ord. 5-95, 2-28-95) .15 Indoor or outdoor recreational facility (Ord. 5-95, 2-28-95) .16 Car wash (Ord. 5-95, 2-28-95) .17 Animal hospital (Ord. 5-95, 2-28-95) .18 Temporary storage facility (Ord. 5-95, 2-28-95) .19 Reverse vending machine (Ord. 5-95, 2-28-95) .20 Motel (Ord. 5-95, 2-28-95) .21 Day care facility (Ord. 5-95, 2-28-95) 542. Uses allowed as special exceptions by the Board of Adjustment. .1 Outdoor sales (Ord. 5-95, 2-28-95) .2 Storage and warehousing (Ord. 5-95, 2-28-95) .3 Lumberyard (Ord. 5-95, 2-28-95) .4 Nursery or greenhouse (Ord. 5-95, 2-28-95) .5 Automobile service station (Ord. 5-95, 2-28-95) .6 Motor vehicle repair shop (Ord. 5-95, 2-28-95) .7 Citizens dropoff for recyclables (Ord. 5-95, 2-28-95) .8 Buy back center for recyclables (Ord. 5-95, 2-28-95) .9 Household hazardous waste site (Ord. 5-95, 2-28-95) .10 Transfer site for recyclables (Ord. 5-95, 2-28-95) .11 Light processing facility (Ord. 5-95, 2-28-95) .12 Contractors shop and storage yard (Ord. 5-95, 2-28-95) .13 Seasonal roadside stand/operation (Ord. 5-95, 2-28-95) .14 Assembling and packaging (Ord. 5-95, 2-28-95) .15 Freight handling (Ord. 5-95, 2-28-95) .16 Manufacturing, light (Ord. 5-95, 2-28-95) .17 Utility truck and trailer rental (Ord. 5-95, 2-28-95) .18 Kennel (Ord. 5-95, 2-28-95) .19 Wholesale trade (0rd. 5-95, 2-28-95) 543. Area regulations. .1 All buildings and incidental uses on lots adjacent to a residential district shall be located to provide a fifty (50) foot side yard on the side abutting the residential district. When adjacent to other than residential districts, no side yard is required; however, where side yards are provided for such a building, each such side yard shall not be less than six (6) feet in width. .2 Front yard. There shall be a front yard on each street which a lot abuts, which yard shall be not less than twenty (20) feet in depth. 2019rz001 Staff Report December 2, 2019 Page 1 of 2 BROOKINGS COUNTY DEVELOPMENT Brookings City & County Government Center 520 3rd Street, Suite 200 BROOKINGS, SOUTH DAKOTA 57006 (605)-696-8350 E-Mail: zoning@brookingscountysd.gov Brookings County Planning and Zoning Commission- Joint Meeting With City of Brookings Planning Commission. December 2, 2019 – 7:00 PM meeting 2019rz001 – December 2, 2019 Prepared by Richard Haugen Applicant/Owner: Caleb Svartoien, owner of EC Properties LLC, 1806 US Hwy 14, Brookings, SD 57006 Legal Description: “S150’ of the E165’ of Lot 1 Krogman 1st Addition in the SE1/4 SE1/4 of Section 16, T110N, R50W (Brookings Township)” ~~ located at 1806 US Hwy 14, Brookings, SD 57006. 2019rz001: Caleb Svartoien owner of EC Properties LLC has applied for rezoning of approximately .56 acres of land from a Joint Jurisdiction R-1B to Joint Jurisdiction B-3. The property is located in the Brookings County/Brookings City Joint Jurisdictional area at 1806 US Hwy 14, which is just west the landmark known as Cameron’s Corner. The 2.32 acre parcel was originally JJ-B-3. The portion that is being rezone was rezoned in 1995 to R-1B to allow a residence at that location. As noted on the attached plat, there is a 30 feet access easement on Lot 2 for access to Lot 1, where the property to be rezoned is located. The current owner is going to move the house off and would like to use the entire parcel for his landscaping business. The balance of the property is zoned B-3 and this would make the whole parcel B-3 with the City of Brookings having the Zoning Control. The City of Brookings Community Development has no objections to the rezoning request. The rezoning request will be heard by a joint meeting of the Brookings County Planning and Zoning Commission and the City of Brookings Planning and Zoning Commission as it is located in the Joint Jurisdiction Area. The decision made by the Joint Planning Commission’s is a recommendation to Brookings County Commission and the Brookings City Council for the final decision of the rezoning request. 2019rz001 Staff Report December 2, 2019 Page 2 of 2 Public notices were published in the Brookings Register on November 18 and 26, 2019. The applicant notified abutting landowner’s by certified mail of the proposed rezoning request at least 10 days prior to the public hearing. Letters were sent to the Brookings Township Chairman and Clerk. Entrance off US Hwy 14 2019rz001: Caleb Svartoien for EC Properties LLC. 30 feet access easement driveway on Lot 2 for Lot 1 access off US Hwy 14. House to be moved off.Current B-3 Zoned area north of house used for landscape business City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 20-003,Version:2 Second Reading and Action on Ordinance 20-003, an Ordinance Authorizing Supplemental Appropriation No. 2 to the 2020 Budget. Summary: The City of Brookings has been awarded a federal “Better Utilizing Investments to Leverage Development (BUILD)” Grant to construct 20th Street South between 22nd Avenue South and 34th Avenue South along with a new interchange at Interstate 29 and 20 th Street South. This ordinance will amend the 2020 Budget for the following changes: 1) Create the project account for the 20th Street South BUILD Project. 2) To amend revenue line items for the 20th Street South BUILD Project. 3) To amend expenditure line items for the 20th Street South BUILD Project. The budget for the project as outlined in the grant application is the following: BUILD Grant:$18,677,630 City Share:$ 2,000,000 County Share:$ 2,000,000 Private Donor Share:$ 669,407 Total project cost:$23,347,037 (design and construction) The City will be responsible for the 20% match for the project, which will be split between the City/County and Private Donors. This budget is being created for the City, County and Private Donor share of the project. The proposed budget amendment includes the figures from the project budget outlined in the Grant Application. The engineering design for the project includes Engineer’s Cost Estimates at 30%, 60% and 95% intervals to aid in budgeting. There will be future budget amendments to update the project amounts as the costs are refined. Recommendation: Staff recommends approval. Attachments: Memo Ordinance Map City of Brookings Printed on 2/6/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Erick Rangel, Chief Financial Officer and Jackie Lanning, City Engineer Council Meeting: February 11, 2020 Subject: Introduction and First Reading on Ordinance 20-003, an Ordinance Authorizing Supplemental Appropriation No. 2 to the 2020 Budget. Second Reading: February 11, 2020. Person(s) Responsible: Erick Rangel, Chief Financial Officer and Jackie Lanning, City Engineer Summary: This ordinance will amend the 2020 Budget for the following changes: 1) Create the project account for the 20th Street South BUILD Project 2) To amend revenue line items for the 20th Street South BUILD Project 3) To amend expenditure line items for the 20th Street South BUILD Project. Background: The City of Brookings has been awarded a federal “Better Utilizing Investments to Leverage Development (BUILD)” Grant to construct 20th Street South between 22nd Avenue South and 34th Avenue South along with a new interchange at Interstate 29 and 20th Street South. The budget for the project as outlined in the grant application is the following: BUILD Grant: $18,677,630 City Share: $ 2,000,000 County Share: $ 2,000,000 Private Donor Share: $ 669,407 Total project cost: $23,347,037 (design and construction) The City will be responsible for the 20% match for the project, which will be split between the City/County and Private Donors. This budget is being created for the City, County and Private Donor share of the project. Discussion: The proposed budget amendment includes the figures from the project budget outlined in the Grant Application. The engineering design for the project includes Engineer’s Cost Estimates at 30%, 60%, and 95% intervals to aid in budgeting. There will be future budget amendments to update the project amounts as the costs are refined. Legal Consideration: None. Financial Consideration: The revenue from the City, County, and Private Donors will fund the proposed expenditures for the 20% match for the project. Following the current Governance & Ends Financial Stability Policy, the City’s $2,000,000 share will be first funded with restricted cash reserves for economic development. The current confirmed balance for restricted reserves for economic development is $1,204,998; the remaining $795,002 will be funded with unrestricted cash reserves. If the City Council determines to use unrestricted reserves to fund the full $2,000,000, Ordinance 20-003 can be amended to reflect this change for the second reading. Options: The City Council has the following options: 1. Approve as presented 2. Approve with recommended adjustments 3. Deny Recommendation: Staff recommends approval. Action Requested: Approval of the Ordinance to amend the 2020 Budget. Supporting Documentation: 1. Ordinance 2. Map Ordinance 20-003 An Ordinance Authorizing Supplemental Appropriation No.2 to the 2020 Budget Be It Ordained by the City of Brookings, South Dakota: Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it becomes due, Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following budget adjustments to the 2020 budget: Part 1 – Change Increase/(Decrease) All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: January 28, 2020 Second Reading: February 11, 2020 Published: February 14, 2020 CITY OF BROOKINGS _________________________ ATTEST: Keith W. Corbett, Mayor ____________________________ Bonnie Foster, City Clerk 20th St Interchange Project - General Fund 101-000-0-210-00 Restricted Economic Development Reserves ($1,204,998)Economic Dev Reserves per G&E policy 101-000-0-102-00 Cash OH/Reserves ($795,002)Unrestricted reserves per CC action Total Fund Change ($2,000,000) 20th St Interchange Project Fund 528-000-6-700-00 Transfer In General Fund $2,000,000 Income from General Fund 528-000-4-441-08 Reimbursed Expense $2,669,407 Income from County and Private Donors 528-000-5-422-03 Consulting/Engineering $740,558 Estimated cost 528-000-5-940-00 Other Capital $3,928,849 Estimated Cost Total Fund Change $0 20th Street South BUILD Project City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 20-015,Version:1 Action to approve Resolution 20-015, a Resolution authorizing the City Manager to sign documents for the 20th Street South BUILD Project EM 0295(45) 130 and PCN 020V. Summary: The City of Brookings has been awarded a federal “Better Utilizing Investments to Leverage” (BUILD) Grant to construct 20th Street South between 22nd Avenue South and 34th Avenue South along with a new interchange at Interstate 29 & 20th Street South. The City requested the State to function as the administrator for the Project along with the Federal Highway Administration (FHWA). The City Council authorized the City Manager to sign a Memorandum of Understanding between the SDDOT and the City at the January 28th City Council meeting. The MOU outlines the responsibilities of the State and the City and designated the City Manager as the City’s representative for the project. There will be documents relating to this project that will need to be authorized with a very short approval time to keep the project on schedule. The documents include the work order for engineering services, easements, and other project related documents. The SDDOT will have administration authority for the project and this resolution will authorize the City Manager to sign project related documents on behalf of the City. The attached Resolution will authorize the City Manager to sign documents for the 20th Street South BUILD Project EM 0295(45) 130 and PCN 202V. Recommendation: Recommend approval of the resolution as presented to authorize the City Manager to sign documents for the 20th Street South BUILD Project. Attachments: Memo Resolution Memorandum of Understanding Map City of Brookings Printed on 2/6/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jackie Lanning, City Engineer Council Meeting: February 11, 2020 Subject: 20th Street South BUILD Project Person(s) Responsible: Jackie Lanning, City Engineer Summary: This resolution will authorize the City Manager to sign documents for the 20th Street South BUILD Project on behalf of the City (comprised of City/County/Donors). Background: The City of Brookings has been awarded a federal “Better Utilizing Investments to Leverage” (BUILD) Grant to construct 20th Street South between 22nd Avenue South and 34th Avenue South along with a new interchange at Interstate 29 & 20th Street South. The Brookings City Council approved a Memorandum of Understanding between the SDDOT and the City via Resolution 20-013 on January 28, 2020 for the State to administer the 20th Street South BUILD Grant Project along with the Federal Highway Administration (FHWA). The project has specific deadlines required by the grant. There will be future administrative documents which will need to be authorized with a short approval time to keep the project on schedule. The BUILD Grant funds must be obligated by September 15, 2021, and the grant funds must be expended by September 30, 2026. The following is a schedule of activities to meet the grant deadlines:  6-39-2020 The CITY will submit PROJECT preliminary Gradeline plans  8-12-2020 The CITY will conduct the Preliminary Design Inspection  10-23-2020 The CITY will conduct the Final Design Inspection  2-16-2020 The CITY will provide a Release to Right-of-Way  2-9-2021 The CITY will release final plans for review to the STATE  6-15-2021 The CITY will provide all certifications, final plans, right-of-way certifications, environmental clearances, utility certifications, and necessary state and federal PROJECT documentation  9-15-2021: Anticipated Bid Date  2022: Anticipated Construction Item Details: With the City Manager stated as the City’s representative for the 20th Street South BUILD Project, authorizing the City Manager to sign project documents in a short time frame will aid in keeping the project on schedule. Documents to be signed include: work order for engineering services, easements, and other project-related documents. The SDDOT will have administration authority for the project and this resolution will authorize the City Manager to sign project related documents on behalf of the City. Legal Consideration: City Attorney Steve Britzman will review the documents prior to the City Manager signing. Strategic Plan Consideration: The agenda item furthers the accomplishment of a City Council Strategic Initiative - Provide for the planning, financing, and construction of East 20th Street South Interchange with I-29. Financial Consideration: The current budget for the project is as follows: BUILD Grant: $18,677,630 City: $2,000,000 County: $2,000,000 Private Donors: $669,407 Total project cost: $23,347,037 The City will be responsible for the 20% match for the project, which will be split between the City/County and private donors. The City is currently drafting Agreements with the County and private donors. The project budget will be updated as cost figures are determined. The 2020 budget is currently going through the amendment process to account for the revenue and expenditures for the project. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Deny 3. Move the item to a work session 4. Do nothing Supporting Documentation: 1. Resolution 2. Memorandum of Understanding 3. Map Resolution 20-015 Resolution Authorizing the City Manager to Sign Documents for the 20th Street South BUILD Project EM 0295(45) 130 and PCN 020V Whereas, the Brookings City Council desires the construction of a new interchange at Interstate 29 and 20th Street South in Brookings, SD; and Whereas, the City of Brookings (the “City”) has been awarded a federal “Better Utilizing Investments to Leverage Development (BUILD)” Grant in the amount of $18,677,630.00 towards the project; and Whereas, the City has requested the State of South Dakota to function as the administrator for the Project along with the Federal Highway Administration (FHWA); and Whereas, the Memorandum of Understanding between the South Dakota Department of Transportation and the City of Brookings, South Dakota provides that the City designate its City Manager as the City’s authorized representative. Now, Therefore, Be It Resolved that the City Manager of the City of Brookings, as the City’s authorized representative, is authorized to sign the work order for professional services and other documents for 20th Street South BUILD Project EM 0295(45) 130 and PCN 020V. Dated this 11th day of February, 2020. CITY OF BROOKINGS _________________________ Keith W. Corbett, Mayor ATTEST: __________________________ Bonnie Foster, City Clerk 20th Street South BUILD Project City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0073,Version:1 Executive Session, pursuant to SDCL 1-25-2, for purposes of discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business, and for discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor. SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1.Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; 2.Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3.Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4.Preparing for contract negotiations or negotiating with employees or employee representatives; 5.Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or 6.Discussing information listed in subdivisions 1-27-1.5(8) and 1-27-1.5(17). However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1. City of Brookings Printed on 2/6/2020Page 1 of 1 powered by Legistar™