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HomeMy WebLinkAbout2020_05_26 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, May 26, 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 20-0223 Action to approve the May 12, 2020 City Council minutes. 5/12/2020 MinutesAttachments: 3.C.ID 20-0232 Action on Annual Malt Beverage Alcohol License Renewals. Malt License RenewalsAttachments: 3.D.RES 20-043 Action on Resolution 20-043, a Resolution Authorizing the City Manager to Sign an Agreement for Federal Aviation Administration Grant for Airport Page 1 City of Brookings May 26, 2020City Council Meeting Agenda Mower (Fuel Tax Funds). ResolutionAttachments: 3.E.ID 20-0229 Action to make changes to the City Council Meeting schedule for June. 3.F.RES 20-046 Action on Resolution 20-046, a Resolution authorizing Change Order No. 1 for 2020 Engine #1 replacement; Toyne, Inc. ResolutionAttachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.A. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 6. Contracts/Change Orders: 7. Ordinance First Readings: 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. 7.A.RES 20-048 Action on Resolution 20-048, a Resolution to Annex Blocks 21 & 22 of Timberline Addition, including the adjacent rights-of-way contained within, in the East 1,635’ of the North ½ of the Northwest ¼, except Clites Addition and except the East 264’ thereof in Section 34, Township 110 North, Range 50 West. Memo Resolution City Council Notice Planning Commission Minutes 5/5/2020 Petition to Annex Exhibit Map Aerial Map Annexation Priority Map - Comp Plan Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7.B.RES 20-049 Action on Resolution 20-049, a Resolution to Annex the North ½ of the South West ¼ of Section 34, Township 110 North, Range 50 West of the 5th P.M., Brookings County, South Dakota. Page 2 City of Brookings May 26, 2020City Council Meeting Agenda Memo Resolution City Council Notice Planning Commission Minutes 5/5/2020 Petition to Annex Exhibit Map Aerial Map Annexation Map - Comp Plan Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7.C.ORD 20-008 Introduction and First Reading on Ordinance 20-008, an Ordinance to Rezone Block 21 & 22 of Timberline Addition, in the East 1,635’ of the North ½ of the Northwest ¼ Except Clites Addition and Except the East 264’ thereof in Section 34, Township 110 North, Range 50 West of the 5th P.M., Brookings County, South Dakota from Agricultural A District to a Residence R-1C Single-Family District (Generally located North of Steamboat Trail and South of 8th Street South). Public Hearing: June 9, 2020. Memo Ordinance Planning Commission Notice Planning Commission Minutes 5/5/2020 Rezoning Map Aerial Map Future Plan Use Map - Comp Plan Attachments: 7.D.ORD 20-009 Introduction and First Reading on Ordinance 20-009, an Ordinance on an Amendment to the Subdivision Regulations. Public Hearing: June 9, 2020. Memo Ordinance - Clean Ordinance - Marked Notice Planning Commission Minutes 5/5/2020 Plat Checklist Resolution 43-2000 Attachments: 8. Public Hearings and Second Readings: 8.A.ID 20-0230 Public Hearing and Action on Annual Malt Beverage Alcohol License Renewals. Page 3 City of Brookings May 26, 2020City Council Meeting Agenda Memo Hearing Notice Map of Locations Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9. Other Business: 9.A.RES 20-045 Action on Resolution 20-045, a Resolution Amending the Consolidated Fee Schedule. Memo Resolution Consolidated Fee Schedule Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 10. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 11. Adjourn. Brookings City Council: 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 20-0223,Version:1 Action to approve the May 12, 2020 City Council minutes. Attachments: 5/12/2020 Minutes City of Brookings Printed on 5/21/2020Page 1 of 1 powered by Legistar™ Brookings City Council May 12, 2020 (unapproved) The Brookings City Council held a meeting on Tuesday, May 12, 2020 at 6:00 PM, at City Hall with the following City Council members present: Mayor Keith Corbett and Council Members Holly Tilton Byrne, Nick Wendell, Leah Brink, Patty Bacon, Dan Hansen, and Ope Niemeyer. 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 Brink, seconded by Council Member Niemeyer, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne. 3.A. Action to approve the agenda. 3.B. Action to approve the April 28 and May 4, 2020 City Council Minutes. Open Forum. Douglas Metcalf expressed concerns about commercial development in the SW side of the City, and concerns about only one liquor store location within the City. Proclamation Presentation. The Mayor presented a Proclamation recognizing May 17-23, 2020 as National Public Works Week to City Engineer Jackie Lanning, Community Development Director Mike Struck, Brookings Regional Landfill Director Todd Langland, and Parks, Recreation & Forestry Dept. Director Dusty Rodiek. Resolution 20-047. A motion was made by Council Member Brink, seconded by Council Member Niemeyer, that Resolution 20-047, a Resolution Authorizing Change Order No. 1 for the 2019-03STI, 20th Street South Improvement Project; Bowes Construction Co., Inc. be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne. Resolution 20-047 - Resolution Authorizing Change Order No. 1 for 2019-03STI, 20th Street South Improvement Project; Bowes Construction Co., Inc. Be It Resolved by the City Council that the following change order be allowed for 2019-03STI, 20th Street South Improvement Project: Construction Change Order Number 1: Adjust plan quantities for additional drain tile work and a storm drain inlet for an increase of $45,130.00 to the contract and extend the substantial completion date by two working days. Ordinance 20-007. A motion was made by Council Member Niemeyer, seconded by Council Member Tilton Byrne, that Ordinance 20-007, an Ordinance Amending Emergency Ordinance 20-005 (Revised) to Address a Public Health Crisis and to Revise Certain Measures Which Have Been Deemed Necessary to Slow the Community Spread of Coronavirus (COVID-19), be approved. Public Comment: Steve Timmerman, and Dr. Rick Hieb. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; No: 1 – Brink. Outside Agency Funding Process. A motion was made by Council Member Niemeyer, seconded by Council Member Brink, that the Outside Agency Funding Process be approved. Public Comment: Heidi Gullickson, Tim Lease, and Nicole Biever. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Bacon, that this meeting be adjourned at 7:07 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 20-0232,Version:1 Action on Annual Malt Beverage Alcohol License Renewals. Summary: Enclosed for Council review and action are the On-Off Sale Malt Alcohol License renewals for fiscal year 7/1/2020 to 6/30/2021. After Council action, applications will be forwarded to the State Department of Revenue for final action and issuance of licenses. Recommendation: Staff recommends approval. Attachments: License Renewals City of Brookings Printed on 5/20/2020Page 1 of 1 powered by Legistar™ Malt License Renewals On-Off Sale Malt (retail): Aramark/McCrory Gardens Visitors Center, 16th St. & 22nd Ave. BP of Brookings, 2420 6th St. Brookings Softball Assoc. (Southbrook Softball Diamonds), 2800 22 nd Ave. So. Carpy’s Pub, 700 22nd Ave. So. Casey’s General Store #1694, 620 8th St. So. Casey’s General Store #2198, 122 6th St. W. Casey’s General Store #2419, 534 22nd Ave. So. Casino 2000, 622 25th Ave. The Children’s Museum of South Dakota, 521 4 th St. CHS, Inc., dba Cenex Zip Trip #63, 1005 6th St. CHS, Inc., dba Cenex Zip Trip #64, 3045 LeFevre Dr. The Clothes Line Lounge, 727 Wilson Ave. (inactive) Cubby’s Sports Bar & Grill, 307 Main Ave. Danny’s, 703 Main Ave. So. The Depot, 919 20th St. So. Deuces Casino, 223 6th St., Suite 105A Deuces Casino, 223 6th St., Suite 105B Deuces Casino, 223 6th St., Suite 105C EdgeBrook Golf Course, 1415 22nd Ave. So. El Tapatio, Inc., 1717 6th St., Suite F Eponymous Brewing Co., 126 Main Ave. So. Flavor International Restaurant & Grocery, 501 Main Ave. Gas ‘N Mor, 600 6th St. George’s Pizza, Inc., 311 Main Ave. Hy-Vee Food Store, 790 22nd Ave. So. Hy-Vee Gas, 716 22nd Ave. So. Jim’s Tap, 309 Main Ave. The Lodge, 2515 6th St. New Sake, Inc., 724 22nd Ave. So. Newman’s Kerr McGee, 503 6th St. Old Sanctuary, 928 4th St. Pints & Quarts, 313 Main Ave. Pizza Hut #2769, 418 6th St. PNP Pub, 318 2nd St. So. Ray’s Corner, 401 Main Ave. Schoon’s Pump N Pak, 202 S. Main Ave. Schoon’s PNP Pub South, 1203 Main Ave. So. Skinner’s Pub, 300 Main Ave. South Main Diner, 615 Main Ave. So. Sully’s Irish Pub, 421 Main Ave. Swiftel Center, 824 32nd Ave. Wal-Mart Supercenter #1538, 2233 6th St. Wilbert’s, 931 25th Ave. Wooden Legs Brewing Co., 309 5th St., Suite 100 Woody’s Axe Throwing, 2508 Wilbert Court, Suite C Yessica’s Restaurant, 1300 Main Ave. So. 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 20-043,Version:1 Action on Resolution 20-043, a Resolution Authorizing the City Manager to Sign an Agreement for Federal Aviation Administration Grant for Airport Mower (Fuel Tax Funds). Summary: The Brookings Airport is requesting to use $5,000 of aviation fuel-tax grant funds to apply towards a zero-turn lawn mower for the airport. The Fuel Tax Fund is maintained at the SDDOT and is funded by $0.06/gallon of aviation fuel sold in Brookings. The current fund balance is approximately $13,000 and is available for local airport needs. The cost of the mower is approximately $13,000 and will be purchased from a Brookings vendor. This grant will cover $5,000 of the cost and the City Airport Maintenance Budget will cover $8,000 of the cost. Background: The City mows approximately 165 acres of grass at the Brookings Airport. The most time consuming work is mowing around approximately 300 runway edge lights. The current airport mower is old and drives approximately 5 miles per hour with a limited turn radius. The proposed mower can operate at 15 mph and will take approximately 1/3 of the time to mow around the airport lights as well as be faster for the straight-mow areas. The resolution will authorize the City Manager to sign an agreement for Federal Aviation Administration Grant No. AP 0005-2020 to use Fuel Tax Funds in the amount of $5,000 to purchase a mower. The City’s share of the mower will be $8,000. Recommendation: Recommend approval of the resolution as presented. Attachments: Resolution City of Brookings Printed on 5/21/2020Page 1 of 1 powered by Legistar™ Resolution 20-043 Resolution Authorizing the City Manager to Sign an Agreement for Federal Aviation Administration Grant for Airport Mower (Fuel Tax Funds) Whereas, the City of Brookings desires funding to purchase a zero-turn mower for the Brookings Regional Airport No. AP0005-2020; and Whereas, City of Brookings requests the State of South Dakota Department of Transportation Office of Aeronautics approval for the use of allocated Fuel Tax Funds for this project; and Whereas, the Federal Aviation Administration is hereby requested to authorize the project in accordance with the approved State Financial Assistance Agreement. Now, Therefore, Be It Resolved, that the City Manager is hereby authorized to sign all documents related to an agreement for an Airport Mower, Federal Aviation Administration Project No. AP0005-2020. Passed and approved this 26th day of May, 2020. CITY OF BROOKINGS ____________________________ Keith W. Corbett, Mayor ATTEST: ________________________ 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 20-0229,Version:1 Action to make changes to the City Council Meeting schedule for June. Summary: The April 14th Combined Municipal / School Board Election was postponed to June 23 rd. Therefore, staff would like to cancel the June 23rd City Council meeting, and reschedule it for June 30, 2020. Cancelling this meeting does not interfere with the normal operations of the City. The scheduled City Council Meetings for June will be as follows: June 9 - City Council Meeting June 16 - Study Session (cancelled) June 23 - Election Day (City Council Meeting cancelled) June 30 - Election Canvass and City Council Meeting Any meeting of the City Council may be cancelled in advance by a majority vote of the City Council. The Mayor may cancel a meeting in the case of an emergency, when a majority of the members have confirmed in writing their unavailability to attend a meeting, when there is not a quorum at the start of the meeting, or when the agenda is such that cancelling the meeting would not interfere with the normal operations of the City. The City Council must meet regularly, however, at least once each month. Cancelled meetings will be noted on the agenda and posted for the public. Recommendation: Staff recommends approval. City of Brookings Printed on 5/21/2020Page 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 #:RES 20-046,Version:1 Action on Resolution 20-046, a Resolution authorizing Change Order No. 1 for 2020 Engine #1 replacement; Toyne, Inc. Summary: This resolution will approve Change Order No. 1 for a decrease of $1,664.00 to the contract for the 2020 Engine #1 replacement with Toyne, Inc. Background: This project is for the replacement of Engine #1 (2001). During the pre-construction meeting, additional overall savings were discovered to the contract quote. Original Contract Price:$540,243.36 Decrease of this Change Order (No. 1 Final):$ (1,664.00) Contract Price incorporating this Change Order:$538,579.36 Fiscal Impact: The contract for this project will be decreased by $1,664.00. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 5/21/2020Page 1 of 1 powered by Legistar™ Resolution 20-046 Resolution Authorizing Change Order No. 1 for 2020 Engine #1 replacement; Toyne Inc. Be It Resolved by the City Council that the following Change Order be allowed for 2020 Engine #1 replacement: Change Order Number 1: Adjust the contract for the deduct of $1,664.00 for the contract price, incorporating this change order, for a total of $538,579.36. Passed and approved this 26th day of May, 2020. CITY OF BROOKINGS ______________________________ Keith W. Corbett, Mayor ATTEST: _________________________ 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 #:RES 20-048,Version:1 Action on Resolution 20-048, a Resolution to Annex Blocks 21 & 22 of Timberline Addition, including the adjacent rights-of-way contained within, in the East 1,635’ of the North ½ of the Northwest ¼, except Clites Addition and except the East 264’ thereof in Section 34, Township 110 North, Range 50 West. Summary: The land owners are petitioning the City to annex a total of 13.7 acres of land into the City limits. The land is located north of Steamboat Trail and south of West 8th Street South. Background: The owner is requesting the City annex a portion of land for future residential development. The property is contiguous to the City limits on the north and south side and the surrounding area contains residential homes with a variety of lot sizes. The annexation includes 12.2 acres of vacant land and 1.5 acres of right-of-way contain within Silverthorne Circle and Castle Rock Circle. A rezoning request has also been submitted simultaneously to zone the property Residential R-1C Single-Family District. The Planning Commission makes a recommendation to the City Council on annexations. City Council will consider the annexation request by acting on a resolution. Findings of Fact: 1.The Comprehensive Plan supports the annexation and references it as a priority annexation area. 2.The annexation is a logical extension of the City limit boundaries and utility services are available to the area. Staff Recommendation: Staff recommends approval of the annexation request. Planning Commission Recommendation: The Planning Commission voted 8-0 to recommend approval of the annexation. Attachments: Memo Resolution City Council Notice Planning Commission Minutes 5/5/2020 Petition to Annex Exhibit Map Aerial Map City of Brookings Printed on 5/21/2020Page 1 of 2 powered by Legistar™ File #:RES 20-048,Version:1 Annexation Priority Map - Comp Plan City of Brookings Printed on 5/21/2020Page 2 of 2 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Meeting: May 26, 2020 Subject: Annexation Request for Blocks 21 & 22 of Timberline Addition, including the adjacent rights-of-way contained within, in the East 1,635’ of the North ½ of the Northwest ¼ Except Clites Addition and Except the East 264’ thereof in Section 34, Township 110 North, Range 50 West Person(s) Responsible: Mike Struck, Community Development Director Summary: Land owners are petitioning the City to annex a total of 13.7 acres of land into the City limits. The land is located north of Steamboat Trail and south of West 8th Street South. Background: The owner is requesting the City annex a portion of land for future residential development. The property is contiguous to the City limits on the north and south side and the surrounding area contains residential homes with a variety of lot sizes. The annexation includes 12.2 acres of vacant land and 1.5 acres of right-of-way contain within Silverthorne Circle and Castle Rock Circle. A rezoning request has also been submitted simultaneously to zone the property Residential R-1C Single-Family District. The Planning Commission makes a recommendation to the City Council on annexations. City Council will consider the annexation request by acting on a resolution. Item Details: The state statutes allow for two (2) types of annexations including a landowner initiated process and a city initiated process. In this case, the landowner is requesting a portion of property be annexed into the City for the purpose of future residential development. The Comprehensive Plan references the area as a Phase 1 annexation priority which essentially means it is a short-term goal. The annexation is a logical extension of the City limit boundaries as the land is adjacent to the City limits. Utilities are available to the area and can be extended to serve the property in the future. Strategic Plan Consideration: The Comprehensive Plan references the area as a Phase 1 annexation priority which essentially means it is a short-term goal. The annexation is a logical extension of the City limit boundaries as the land is adjacent to the City limits. Legal Consideration: None. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Deny 3. Move the item to a Study Session 4. Do nothing Staff recommends approval of the annexation request. Planning Commission Recommendation: The Planning Commission voted 8-0 to recommend approval of the annexation. Supporting Documentation: Memo Resolution City Council Notice Planning Commission Minutes 5/5/2020 Exhibit Map Aerial Map Annexation Priority Map – Comp Plan Prepared by: Community Development Dept. 520 3rd St., Suite 140 Brookings, SD 57006 Resolution 20-048 Resolution Annexing Blocks 21 & 22 of Timberline Addition, including the adjacent portions of right-of-way contained within, in the East 1,635’ of the North ½ of the Northwest ¼, except Clites Addition and except the East 264’ thereof in Section 34, Township 110 North, Range 50 West of the 5th P.M., in Brookings County, South Dakota Whereas, the City of Brookings is authorized pursuant to South Dakota Codified Law 9-4-1 to annex contiguous territory upon receipt of a written petition, describing said territory sought to be annexed, signed by not less than three-fourths (3/4) of the legal voters and by the owner or owners of not less than three-fourths (3/4) of the value of said territory; and Whereas, the City of Brookings desires to annex the following described property, to wit: Blocks 21 & 22 of Timberline Addition, including the adjacent portions of right-of-way contained within, in the East 1,635’ of the North ½ of the Northwest ¼, except Clites Addition and except the East 264’ thereof in Section 34, Township 110 North, Range 50 West of the 5th P.M., in Brookings County, South Dakota; and Whereas, the aforesaid land is contiguous to the present boundaries of the City of Brookings; and Whereas, the City of Brookings has received a Petition for Annexation of Territory signed by the owners of greater than three-fourths (3/4) of the value of the aforesaid property and there being no legal voters residing in said territory. Now, Therefore, Be It Resolved by the City of Brookings, South Dakota, that the property described above is hereby annexed to the City of Brookings. Dated this 26th day of May, 2020. CITY OF BROOKINGS ___________________________ ATTEST: Keith W. Corbett, Mayor _______________________________ 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 A PETITION FOR ANNEXATION NOTICE IS HEREBY GIVEN That Gerard and Jean Moriarty have submitted a petition for annexation of the following described real estate situated in Brookings County, South Dakota, to wit: Block 21 & 22 of Timberline Addition including the adjacent portions of right-of-way contained within, in the East 1,635’ of the North ½ of the Northwest ¼ Except Clites Addition and Except the East 264’ thereof in Section 34, Township 110 North, Range 50 West of the 5th P.M., Brookings County, South Dakota. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00 PM on Tuesday, May 26, 2020, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard in this matter. Dated this 15th day of May, 2020. _________________________ Staci Bungard City Planner Planning Commission Brookings, South Dakota May 5, 2020 OFFICIAL MINUTES Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Tuesday May 5, 2020, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Jacob Mills, Eric Rasmussen and Aiken. Members present via phone were Ashley Biggar, Greg Fargen, Gregg Jorgenson, Jason Meusburger, and Lee Ann Pierce. Absent was James Drew. Also present was Community Development Director Mike Struck. Item #4a – Gerard and Jean Moriarty have submitted a petition for annexation of the Block 21 & 22 of Timberline Addition including the adjacent portions of right-of-way contained within, in the East 1,635’ of the North ½ of the Northwest ¼ Except Clites Addition and Except the East 264’ thereof in Section 34, Township 110 North, Range 50 West of the 5th P.M., Brookings County, South Dakota. (Pierce/Biggar) Motion to approve the annexation request. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #4a – This is an annexation request of about 12 acres of agricultural land and 1.5 acres of right-of-way, just outside of the city limits. This is consistent with the City’s Comprehensive Plan. Rasmussen wondered why Block 23 isn’t included in this request. Struck explained that the applicants live near this annexation area and they are going to keep the Block 23 portion with their acreage at this time. B rook ings County, SD Aeria l Map 1,293 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds 183 9iMPLEMENTING THE PLAN FIGURE 9.1: Annexation Priority Map 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 20-049,Version:1 Action on Resolution 20-049, a Resolution to Annex the North ½ of the South West ¼ of Section 34, Township 110 North, Range 50 West of the 5th P.M., Brookings County, South Dakota. Summary: The landowner is petitioning the City to annex a total of 80 acres into the City limits for the purposes of future residential development. The property is generally located along West 16 th Avenue South between 8th Street South and 20th Street South in the Joint Jurisdiction Area. Background: The property is immediately south of Timberline Addition and is contiguous to the City limits. The land is currently vacant and is south of the existing City limits. Annexation of the land will allow the developer to proceed with the development process and extend municipal utilities. The owner is planning to submit a rezoning request and Preliminary Plat once the land is annexed into the City. The Planning Commission makes a recommendation to the City Council on annexation requests. The City Council will consider the annexation request by acting on a resolution. Findings of Fact: 1.The Comprehensive Plan supports the annexation request and references the area as a priority annexation area. 2.The annexation is a logical extension of the City limit boundaries and utility services are available to the land. Staff Recommendation: Staff recommends approval of the annexation request. Planning Commission Recommendation: The Planning Commission voted 8-0 to recommend approval of the annexation. Attachments: Memo Resolution City Council Notice Planning Commission Minutes 5/5/2020 Petition to Annex Exhibit Map Aerial Map Annexation Map - Comp Plan City of Brookings Printed on 5/21/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Meeting: May 26, 2020 Subject: Annexation Request for the North ½ of the South West ¼ of Section 34, Township 110 North, Range 50 West of the 5 th P.M., Brookings County, South Dakota. Person(s) Responsible: Mike Struck, Community Development Director Summary: The landowner is petitioning the City to annex a total of 80 acres into the City limits for the purposes of future residential development. The property is generally located along West 16th Avenue South between 8th Street South and 20th Street South in the Joint Jurisdiction Area. Background: The property is immediately south of Timberline Addition and is contiguous to the City limits. The land is currently vacant and is south of the existing City limits. Annexation of the land will allow the developer to proceed with the development process and extend municipal utilities. The owner is planning to submit a rezoning request and Preliminary Plat once the land is annexed into the City. The Planning Commission makes a recommendation to the City Council on annexation requests. The City Council will consider the annexation request by acting on a resolution. Item Details: The state statutes allow for two (2) types of annexations including a landowner initiated process and a city initiated process. In this case, the landowner is requesting a portion of property be annexed into the City for the purpose of future residential developmen t. The Comprehensive Plan envisions the land to be developed as medium density residential and it designates the area as a Phase 1 annexation priority. The annexation is a logical extension of the City limit boundaries as the land is adjacent to the City limits. Utilities are available to the area and can be extended to serve the property in the future. Legal Consideration: None. Strategic Plan Consideration: The Comprehensive Plan envisions the land to be developed as medium density residential and it designates the area as a Phase 1 annexation priority. The annexation is a logical extension of the City limit boundaries as the land is adjacent to the City limits. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Deny 3. Move the item to a Study Session 4. Do nothing Approval of an annexation request. Planning Commission Recommendation: The Planning Commission voted 8-0 to recommend approval of the annexation. Supporting Documentation: Memo Resolution City Council Notice Planning Commission Minutes 5/5/2020 Petition to Annex Exhibit Map Aerial Map Annexation Priority Map – Comp Plan Prepared by: Community Development Dept. 520 3rd St., Suite 140 Brookings, SD 57006 Resolution 20-049 Resolution Annexing the North ½ of the South West ¼ of Section 34, Township 110 North, Range 50 West of the 5th P.M., in Brookings County, South Dakota Whereas, the City of Brookings is authorized pursuant to South Dakota Codified Law 9-4-1 to annex contiguous territory upon receipt of a written petition, describing said territory sought to be annexed, signed by not less than three-fourths (3/4) of the legal voters and by the owner or owners of not less than three-fourths (3/4) of the value of said territory; and Whereas, the City of Brookings desires to annex the following described property, to wit: The North ½ of the South West ¼ of Section 34, Township 110 North, Range 50 West of the 5th P.M., in Brookings County, South Dakota; and Whereas, the aforesaid land is contiguous to the present boundaries of the City of Brookings; and Whereas, the City of Brookings has received a Petition for Annexation of Territory signed by the owners of greater than three-fourths (3/4) of the value of the aforesaid property and there being no legal voters residing in said territory, now therefore, Now Therefore, Be It Resolved by the City of Brookings, South Dakota, that the property described above is hereby annexed to the City of Brookings. Dated this 26th day of May, 2020. CITY OF BROOKINGS ___________________________ Keith W. Corbett, Mayor ATTEST: _______________________________ 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 A PETITION FOR ANNEXATION NOTICE IS HEREBY GIVEN That Paul E. Moriarty of Sioux Empire Development Corp. has submitted a petition for annexation of the following described real estate situated in Brookings County, South Dakota, to wit: The North ½ of the South West ¼ of Section 34, Township 110 North, Range 50 West of the 5th P.M., Brookings County, South Dakota. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00 PM on Tuesday, May 26, 2020, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard in this matter. Dated this 15th day of May, 2020. _________________________ Staci Bungard City Planner Planning Commission Brookings, South Dakota May 5, 2020 OFFICIAL MINUTES Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Tuesday May 5, 2020, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Jacob Mills, Eric Rasmussen and Aiken. Members present via phone were Ashley Biggar, Greg Fargen, Gregg Jorgenson, Jason Meusburger, and Lee Ann Pierce. Absent was James Drew. Also present was Community Development Director Mike Struck. Item #4b – Paul E Moriarty of Sioux Empire Development Corp. has submitted a petition for annexation of The North ½ of the South West ¼ of Section 34, Township 110 North, Range 50 West of the 5th P.M., Brookings County, South Dakota. (Jorgenson/Rasmussen) Motion to approve the annexation request. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #4b – This request is to annex approximately 80 acres of agricultural land that is immediately south of the Timberline Addition. This is consistent with the City Comprehensive Plan. Brookings County, SD Aerial Map 784 ft Overview Legend Brookings City Limits City Limits Township Boundary Sections Parcels Roads N1/2 SW1/2 Section 34-T110N-R50W 183 9iMPLEMENTING THE PLAN FIGURE 9.1: Annexation Priority Map 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 20-008,Version:1 Introduction and First Reading on Ordinance 20-008, an Ordinance to Rezone Block 21 & 22 of Timberline Addition, in the East 1,635’ of the North ½ of the Northwest ¼ Except Clites Addition and Except the East 264’ thereof in Section 34, Township 110 North, Range 50 West of the 5 th P.M., Brookings County, South Dakota from Agricultural A District to a Residence R-1C Single-Family District (Generally located North of Steamboat Trail and South of 8th Street South). Public Hearing: June 9, 2020. Summary: The applicant is requesting approval of a rezoning request for property from an Agricultural A District to a Residence R-1C Single-Family District for the purpose of future residential development. The property is currently located within the Joint Jurisdiction Area. Background: The property is located north of Steamboat Trail and south of 8th Street South. The rezoning request is being considered simultaneously with an annexation request. The general area contains a mix of low and medium density residential development with R-1B and R-1C Zoning Districts in close proximity. The Comprehensive Plan shows the future land use of this area as Low Density Residential and the R-1C District is an appropriate zoning district. There is a naturally occurring pond on the property which the developer will consider when platting the land for development. Findings of Fact: 1.The Comprehensive Plan Future Land Use Map shows the area as Low Density Residential. 2.The property shall be annexed prior to City Council acting on the Second Reading of Ordinance to rezone the property. Staff Recommendation: Staff recommends approval of the rezoning request. Planning Commission Recommendation: The Planning Commission voted 8-0 to recommend approval of the rezoning request. Attachments: Memo Ordinance Planning Commission Notice Planning Commission Minutes 5/5/2020 Rezoning Map City of Brookings Printed on 5/21/2020Page 1 of 2 powered by Legistar™ File #:ORD 20-008,Version:1 Aerial Map Future Land Use Map - Comp Plan City of Brookings Printed on 5/21/2020Page 2 of 2 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Meeting: May 26, 2020 and June 9, 2020 Subject: Rezoning Request for Blocks 21 & 22 of Timberline Addition, in the East 1,635’ of the North ½ of the Northwest ¼ Except Clites Addition and Except the East 264’ thereof in Section 34, Township 110 North, Range 50 West from Agricultural, A, District to Residence R-1C Single-Family District (Generally located North of Steamboat Trail and South of 8th Street South) Person(s) Responsible: Mike Struck, Community Development Director Summary: The applicant is seeking approval of a rezoning request for property from Agricultural A District to Residence R-1C Single-Family District for the purpose of future residential development. Background: The property is located north of Steamboat Trail and south of 8th Street South. The rezoning request is being considered simultaneously with an annexation request. The general area contains a mix of low and medium density residential development with R- 1B and R-1C Zoning Districts in close proximity. The Comprehensive Plan shows the future land use of this area as Low Density Residential and the R-1C District is an appropriate zoning district. There is a naturally occurring pond on the property which the developer will consider when platting the land for development. Item Details: The area is large enough to provide additional single-family residential lots. The requested R-1C District is appropriate for a low density residential development. The developer will submit a preliminary plat in the future to show the lot layout. Legal Consideration: None. Strategic Plan Consideration: The Comprehensive Plan shows the future land use of this area as Low Density Residential and the R-1C District is an appropriate zoning district. Financial Consideration: None. Options: The City Council has the following options: 1. Approve as presented 2. Deny 3. Move item to a study session 4. Do nothing Staff recommends approval of the rezoning request. Planning Commission Recommendation: The Planning Commission voted 8-0 to recommend approval of the rezoning request. Supporting Documentation: Memo Ordinance Planning Commission Notice Planning Commission Minutes 5/5/2020 Rezoning Map Aerial Map Future Land Use Map – Comp Plan Ordinance 20-008 An Ordinance to Change the Zoning within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: Block 21 & 22 of Timberline Addition, in the East 1,635’ of the North ½ of the Northwest ¼ Except Clites Addition and Except the East 264’ thereof in Section 34, Township 110 North, Range 50 West of the 5th P.M., Brookings County, South Dakota from Agricultural, A, District to Residence R-1C Single-Family District (Generally located North of Steamboat Trail and South of 8th Street South) In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading: May 26, 2020 Second Reading and Adoption: Published: CITY OF BROOKINGS ________________________ Keith W. Corbett, Mayor ATTEST: _________________________ 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 Gerard & Jean Moriarty and Paul E. Moriarty submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: Block 21 & 22 of Timberline Addition, in the East 1,635’ of the North ½ of the Northwest ¼ Except Clites Addition and Except the East 264’ thereof in Section 34, Township 110 North, Range 50 West of the 5th P.M., Brookings County, South Dakota from Agricultural, A, District to Residence R-1C Single- Family District (Generally located North of Steamboat Trail and South of 8th Street South) NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on May 5, 2020, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 24th day of April, 2020. Staci Bungard City Planner Planning Commission Brookings, South Dakota May 5, 2020 OFFICIAL MINUTES Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Tuesday May 5, 2020, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Jacob Mills, Eric Rasmussen and Aiken. Members present via phone were Ashley Biggar, Greg Fargen, Gregg Jorgenson, Jason Meusburger, and Lee Ann Pierce. Absent was James Drew. Also present was Community Development Director Mike Struck. Item #5a – Gerard and Jean Moriarty and Paul E Moriarty have submitted a petition to rezone Block 21&22 of Timberline Addition, in the East 1,635’ of the North ½ of the Northwest ¼ Except Clites Addition and Except the East 264’ thereof in Section 34, Township 110 North, Range 50 West of the 5th P.M., Brookings County, South Dakota from Agricultural, A District to Residence R-1C Single-Family District (Generally located North of Steamboat Trail and South of 8th Street South.) (Meusburger/Biggar) Motion to approve the rezone request. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5a – This request is to rezone 2 blocks of undeveloped property to Residence R- 1C. The Comprehensive Plan calls for low density in this area. W. 16TH AVE. / 469TH AVE.STEAMBOAT TRAIL51617222123STEAMBOAT TRAILBUTTE AVENUE BLOCK 7TIMBERL INE NW1/16 CORNERSEC. 34-T110N-R50W(FND PIPE)13212345678912345BLOCK 16BLOCK 12BLOCK 15TIMBERLINEADDITION33' STAT.SECTIONLINE ROW33' STAT.SECTIONLINE ROWE264'N1/2 NW1/434-110-50UNPLATTEDN1/2 NW1/4 EXC. E1635' & EXC.E540' W878' N219' & EXC. W338'INC. S92' W338' 34-110-50UNPLATTEDBLOCK 6CLITES ADD'NBLOCK 5CLITES ADD'NBLOCK 4CLITES ADD'NBLOCK 3CLITES ADD'NBLOCK 2CLITES ADD'NBLOCK 1CLITES ADD'NBLOCK 217.7± ACRESBLOCK 224.5± ACRESBLOCK 238.1± ACRESN87°34'25"E213.25'S04°09'51"E 612.94' N04°10'31"W 612.96' N04°13'07"W 441.81' S 3 8 ° 1 3 ' 5 1 "W 3 0 8 . 9 2 ' C3 N04°13'07"W 233.95'S87°52'30"W649.53'S87°49'26"W256.00'N58°53'47"W71.80'N56°56'07"W417.71'S86°36'23"W354.54'N87°33'13"E24.14'S04°09'59"E 154.46' S04°09'59"E 529.30'C6N86°06'15"E288.70'N4 6 ° 4 9 ' 3 3 "E 9 4 . 2 5 'N62°41'48"E152.07 'N27°25'54"W216.90'N11°29'26"W101.07'N03°08'00"W97.00'S03°08'00"E 244.62' N03°08'00"W 245.63'S88°10'40"W165.55'S87°49'26"W60.01'S87°49'26"W179.68'S87°49'26"W60.00'N90°00'00"E111.28'N90°00'00"E111.28'C2C4S56°56'07"E160.40'N56°56'07"W160.40'C1C5N87°31'53"E213.14'NW CORNERSEC. 34-T110N-R50W(FND 1" DIA. CIRCLE IN MH LID)N1/4 CORNERSEC. 34-T110N-R50W(FND 5/8" REBAR)8TH ST. S.TIMBERLINEADDITIONLOT 1CLITES ADD'NLOT 2CLITES ADD'NE540' W878' N219'N1/2 NW1/434-110-50SECTION LINESECTION LINE 1/4 LINE1/16 LINE1/16 LINE40' ROWS02°10'34"E12.94'N02°10'34"W12.94'CURVE TABLECURVE #C1C2C3C4C5C6ARCLENGTH124.24'75.02'314.16'40.40'66.90'314.16'RADIUS130.00'130.00'60.00'70.00'70.00'60.00'CHORDLENGTH119.57'73.98'60.00'39.84'64.38'60.00'CHORDBEARINGN29°33'21"WN73°28'03"WS0°00'00"ES73°28'03"ES29°33'21"ES86°52'00"WSILVERTHORNE CIRCLE0.9± ACRESCASTLE ROCK CIRCLE 0.6± ACRES N87°33'20"E281.06'N87°33'55"E213.27'N87°32'18"E213.13'N87°34'20"E213.26'N87°44'13"E263.92'S87°43'35"W340.47'707.36' - N87°33'13"E426.16' - N87°33'13"E21704-02GEODETIC BEARINGPLAT OFBLOCK 21; BLOCK 22; BLOCK 23; SILVERTHORNE CIRCLE; AND CASTLE ROCK CIRCLE OF TIMBERLINE ADDITION,IN THE EAST 1635 FEET OF THE N 1/2 OF THE NW 1/4, EXCEPT CLITES ADDITION, AND EXCEPT THE EAST 264 FEET THEREOF,IN SECTION 34-T110-R50W OF THE 5TH P.M., BROOKINGS COUNTY SOUTH DAKOTA.LEGENDPROPERTY CORNER SET THISSURVEY (5/8" REBAR WITHSTAMPED PLASTIC CAP #9924)MONUMENT FOUND 200'100'0SCALE: 1" = 200'PREPARED BY:BANNER ASSOCIATES, INC.409 22nd AVE. S.BROOKINGS, SD 57006605-692-6342MARCH 2020SHEET 1 OF 2 B rook ings County, SD Aeria l Map 1,293 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds 80 BROOKINGS: A COMPREHENSIVE PLAN FIGURE 3.5: Future Land Use Plan 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 20-009,Version:1 Introduction and First Reading on Ordinance 20-009, an Ordinance on an Amendment to the Subdivision Regulations. Public Hearing: June 9, 2020. Summary: Staff is proposing amendments to the Subdivision Regulations related to the final plat approval process. The proposed changes will streamline the approval process by allowing for administrative plat approval. Background: The South Dakota Legislature has provided local units of government the authority to designate an administrative official to approve plats in South Dakota Codified Law 11-3-6. The City of Brookings passed resolution 43-2000 on July 10, 2000 authorizing the City Manager to approve all plats in the City of Brookings. The Subdivision Regulations still reference language requiring the Planning Commission review final plats and provide a recommendation to the City Manager. Staff is proposing amendments to the Subdivision Regulations which would make the final plat approval process and administrative function by allowing the Community Development Director and City Engineer the authority to review and recommend approval of final plats to the City Manager. Recommendation: The Planning Commission voted 7-1 recommending approval of the amendments. The Development Review Team and staff recommend approval of the amendments to the Subdivision Regulations. Attachments: Memo Ordinance - Clean Ordinance - Marked Notice Planning Commission Minutes Plat Checklist Resolution 43-2000 City of Brookings Printed on 5/21/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director City Council Meeting: May 26, 2020 Subject: Administrative Platting Person(s) Responsible: Mike Struck, Community Development Director Summary: Administrative platting is a process whereby final plats are approved by an administrative action of staff. The proposed Subdivision Regulation amendments would allow for administrative platting by streamlining the review and recommendation component of the final plat approval process. The proposed changes would allow the Community Development Director and City Engineer to review and recommend approval of final plats to the City Manager. Background: Chapter 51, Subdivision Regulations, of the City of Brookings Municipal Code of Ordinances outlines the procedures for subdividing land. The plat approval process currently goes through a three step development process:  1) Sketch Plan – prior to submission of a preliminary plat, the applicant submits a concept plan of the subdivision to Community Development Department for general comments concerning general layout and requirements of the subdivision.  2) Preliminary Plat – stage at which the following criteria are required for submittal: 1. Subdivision name 2. Names of adjoining subdivision with all lot and block lines, easements, and rights-of-way 3. Owner, developer, and surveyor contact information 4. Correct legal description stating acreage, scale, and north arrow 5. Systematic lot and block numbering pattern, lot lines and street names 6. Location and width of proposed and existing streets, alleys, easements, parks, and other significant features 7. Boundary lines of floodways and special flood hazard areas 8. Existing contours Other preliminary plans submitted at this phase include grading plan, drainage plan, utility plan, and groundwater control plan when deemed necessary.  3) Final Plat – a map, or representation on paper, of a piece of land subdivided into lots, parcels, tracts or blocks, including streets/roads, commons and public grounds, if any, all drawn to scale and complete with the owner’s dedication and all applicable acknowledgements. The final plat is reviewed against the approved preliminary Plat for consistency. The criteria of a final plat is listed in Section 51-42 of the Municipal Code of Ordinances. Staff developed an internal Plat Checklist (attached) when reviewing preliminary and final plats to ensure the criteria of the Subdivision Regulations are adhered to. The South Dakota Legislature has provided local units of government the authority to designate an administrative official to approve plats in South Dakota Codified Law 11-3- 6, which is provided below. SDCL 11-3-6. Municipal approval for adjoining addition or subdivision-- Conformity to existing plats and regulations--Taxes and special assessments-- Certification--Appeal of denial. The provisions of this chapter apply to every addition to, or subdivision within, any county, municipality, or unincorporated town. If the land or any part of the land included in any addition or subdivision is within, adjoining, or contiguous to the boundaries of any municipality, the plat, before being recorded, shall be submitted to the governing body or, if applicable, the planning director of the municipality. If it appears that the system of streets set forth therein conforms to the system of streets of the existing plats of the municipality, that all provisions of any subdivision regulations have been complied with, that all taxes and special assessments upon the tract o r subdivision have been fully paid, and that such plat and the survey thereof have been executed according to law, the governing body shall, by resolution, approve the plat. The governing body may by resolution designate an administrative official of the municipality to approve plats in lieu of approval by the governing body. The auditor or finance officer shall endorse on the face of the plat a copy of the resolution or the designated administrative official's approval and certify to the same. No plat of any such addition or subdivision so situated may be recorded unless the plat bears on its face a copy of the resolution or approval and certificate of the auditor or finance officer. If the designated administrative official denies the plat request, the person requesting the plat may appeal to the governing body. The City of Brookings passed Resolution 43-2000 on July 10, 2000 authorizing the City Manager to approve all plats. The Subdivision Regulations reference Planning Commission review and recommendation of final plats to the City Manager for final approval. Administrative platting is prevalent in South Dakota municipalities, including, but not limited to, Sioux Falls, Rapid City, Spearfish, Watertown, Brandon, and Tea. Item Details: Administrative platting is a process whereby final plats are approved through an administrative action of staff. Staff is proposing a change to the Subdivision Regulations to create time efficiencies associated with the final plat approval process. The c urrent process requires final plats to be presented to the Planning Commission for their review and recommendation to the City Manager for approval. Staff proposes final plats be reviewed and recommended by the Community Development Director and City Engineer to the City Manager for approval. The most common question associated with a final plat relates to utility and drainage easements. A vast majority of final plats do not have the final drainage and utility easements shown on the plat at the time the Planning Commission is reviewing such final plat. Therefore, the Planning Commission has implemented a standard practice of approving all final plats subject to all necessary drainage and utility easements and delegating the authority to determine the appropriate easements to staff (i.e. Community Development Director and City Engineer). Part of the issue associated with final platting is time. Final plats are due in the office of Community Development two (2) weeks prior to the Planning Commission meeting. Staff has one week to complete the review process and prepare staff reports for the agenda packet and have the packet ready for distribution one week in advance of the meeting. A final plat missing the deadline delays the approval by approximately six (6) weeks. The time associated with the delay equates to additional costs for the developer, homeowner, applicant, etc. as they are unable to proceed with closing on the real estate and/or obtaining a building permit. Staff has been tasked with reviewing ordinances, policies, and procedures and seeking efficiencies while upholding the integrity of the ordinances. The proposed amendment is able to achieve efficiencies while maintaining the integrity of the ordinances. Final plats can be submitted at any time and proceed through administrative review with a recommendation to approve provided to the City Manager. Legal Consideration: The statutory authority for administrative platting is granted by SDCL 11-3-6. Strategic Plan Consideration: None. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Do nothing The Development Review Team has reviewed the proposed ordinance amendments and recommends approval. The Planning Commission vote 7-1 to recommend approval. Staff recommends approval of the amendments to the Subdivision Regulations. Supporting Documentation: Ordinance – Clean Ordinance – Marked Notice Planning Commission Minutes 5/5/2020 Plat Checklist Resolution 43-2000 Ordinance 20-009 An Ordinance amending Chapter 51, Subdivision Regulations of the City of Brookings pertaining to Plat Requirements for purposes of Administration of the Subdivision Ordinance Be It Ordained by the Governing Body of the City of Brookings, South Dakota that the Subdivision Regulations be amended as follows: I. ARTICLE II. SUBDIVISION PLANS IN GENERAL That Section 51-23 of Article II. of the Subdivision Regulations shall be amended to read as follows: Sec. 51-23. – Plat approval process. (a) (3) (b) The plat shall provide the information indicated in the subdivision improvements and design standards for final plats and shall require the review and recommendation of the community development director and city engineer. The plat shall be in conformance with an approved preliminary plat if a preliminary plat is required. II. ARTICLE IV. FINAL PLAT That Section 51-43 of Article IV. of the Subdivision Regulations shall be amended to read as follows: Sec. 51-43. – Final plat approval. The final plat shall be submitted to the community development director and city engineer for their review and recommendation to the city manager. The community development director and city engineer shall act upon the final plat within 45 days after the submission of the final plat to the community development department. If no action is taken within 45 days of submission, said final plat shall be deemed to have been recommended for approval and forwarded to the city manager for approval. III. ARTICLE V. REPLAT APPROVAL That Section 51-51 of Article V. of the Subdivision Regulations shall be amended to read as follows: Sect. 51-64. – Replat requirements. (d) Approval of replats. If the replats meets the requirements set forth in this chapter, it may be submitted to the community development director and city engineer and approved in the same manner as a plat. IV. Any and all ordinances in conflict herewith are hereby repealed. First Reading: May 26, 2020 Second Reading: June 9, 2020 Published: June 12, 2020 CITY OF BROOKINGS, SD _____________________________ ATTEST: Keith W. Corbett, Mayor _______________________ Bonnie Foster, City Clerk Ordinance 20-009 An Ordinance amending Chapter 51, Subdivision Regulations of the City of Brookings pertaining to plat requirements for purposes of administration of the Subdivision Ordinance Be It Ordained by the Governing Body of the City of Brookings, South Dakota that the Subdivision Regulations be amended as follows: I. ARTICLE II. SUBDIVISION PLANS IN GENERAL That Section 51-23 of Article II. of the Subdivision Regulations shall be amended to read as follows: Sec. 51-23. – Plat approval process. (a) (3) (b) The plat shall provide the information indicated in the subdivision improvements and design standards for final plats and shall require the review and recommendation of the planning commission community development director and city engineer. The plat shall be in conformance with an approved preliminary plat if a preliminary plat is required. II. ARTICLE IV. FINAL PLAT That Section 51-43 of Article IV. of the Subdivision Regulations shall be amended to read as follows: Sec. 51-43. – Final plat approval. The final plat shall be submitted to the planning commission community development director and city engineer for their review and recommendation to the city manager. The planning commission community development director and city engineer shall act upon the final plat within 45 days after the submission of the final plat to the community development department. If no action is taken within 45 days of submission, said final plat shall be deemed to have been recommended for approval and forwarded to the city manager for approval. III. ARTICLE V. REPLAT APPROVAL That Section 51-51 of Article V. of the Subdivision Regulations shall be amended to read as follows: Sect. 51-51. – Replat requirements. (d) Approval of replats. If the replats meets the requirements set forth in this chapter, it may be submitted to the city planning commission community development director and city engineer and approved in the same manner as a plat. IV. Any and all ordinances in conflict herewith are hereby repealed. First Reading: May 26, 2020 Second Reading: June 9, 2020 Published: June 12, 2020 CITY OF BROOKINGS, SD _____________________________ ATTEST: Keith W. Corbett, Mayor _______________________ 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 A CHANGE IN SUBDIVISION REGULATIONS NOTICE IS HEREBY GIVEN THAT the City of Brookings has submitted amendments to the following Sections of the Subdivision Regulations: 51-23 Plat Approval process, 51-43 Final Plat Approval, 51-51 Replat Requirements, pertaining primarily to administrative platting. NOTICE IS FURTHER GIVEN That said changes will be acted on by the City Council at 6:00 PM, on Tuesday, June 9, 2020 in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard in this matter. Dated this 29th day of May 2020. ____________________________ Bonnie Foster City Clerk Planning Commission Brookings, South Dakota May 5, 2020 OFFICIAL MINUTES Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Tuesday May 5, 2020, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Jacob Mills, Eric Rasmussen and Aiken. Members present via phone were Ashley Biggar, Greg Fargen, Gregg Jorgenson, Jason Meusburger, and Lee Ann Pierce. Absent was James Drew. Also present was Community Development Director Mike Struck. Item #7a – The City of Brookings has submitted amendments to Sections 51-23 Plat Approval process, 51-43 Final Plat Approval, 51-51 Replat Requirements, pertaining primarily to administrative platting. (Rasmusssen/Mills) Motion to approve the amendments to Section 51-23 Plat Approval Process, 51-43 Final Plat Approval and 51-51 Replat Requirements. All present voted aye except Pierce voted no. MOTION CARRIED. The meeting was adjourned at 6:30 p.m. _______________________ _________________________________ Mike Struck Tanner Aiken, Chairperson Community Development Director Planning Commission Brookings, South Dakota May 5, 2020 OFFICIAL SUMMARY Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Tuesday May 5, 2020, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Jacob Mills, Eric Rasmussen and Aiken. Members present via phone were Ashley Biggar, Greg Fargen, Gregg Jorgenson, Jason Meusburger, and Lee Ann Pierce. Absent was James Drew. Also present was Community Development Director Mike Struck. Item #7a – Struck explained that staff has initiated these changes for the administrative process of platting. If the Planning Commission agrees, they will no longer approve Final Plats and staff of the City will approve and provide recommendation to the City Manager. The City Manager would then have the authority to sign off on Final Plats. Because the City Engineer and Community Development Director work so closely together, they feel that their approval of these plats will help with the time frame of these Final Plats. Struck explained that often times the Planning Commission isn’t making a motion on an “actual” Final Plat. Most plats are contingent upon drainage and utility easements and what the commission is seeing at the commission meeting could be significantly different than the actual final plat. City staff has a checklist that they follow for verification of plats prior to being filed. Pierce asked if there would be any provisions for public notice. Struck stated “no, currently there is no public notice provided except on the agenda.” Pierce is then concerned that someone that is watching platting wouldn’t have an opportunity to discuss the plat if they had concerns. Struck stated that discussion and questions on platting should be handled at the Preliminary Platting stage. Final Plats should be consistent with Preliminary Plats with no major changes. Pierce wondered when a Preliminary Plat would not be required. Struck explained that if it was one lot that wasn’t requiring a significant impact on a development, they may not require a Preliminary Plat. Struck explained that by changing this process, it will allow staff additional time to work on these plat reviews and get additional reviews and comments from other departments such as Brookings Municipal Utilities. Mills understands that there is often a timeline crunch during certain times of the year. He feels that this could have a positive impact. He is in support of this change. Pierce is concerned that a Final Plat may come through that isn’t in conformance with the Approved Preliminary Plat. Struck explained that if a Final Plat isn’t in conformance, staff sends the plat back to the developer to have them make it come into conformance, or amend the Preliminary Plat. Mills feels that the City’s process already takes care of issues of the plats not meeting conformance. Pierce feels that something should be stated in the ordinance that if there is any substantial change in a plat it shouldn’t be finalized and something should be stated in the ordinance. Rasmussen feels that the way the ordinance is written covers Pierce’s concern. Rasmussen agrees that the Planning Commission should not have to approve the Final Plats. Fargen is in favor with the ordinance amendments as proposed by staff. Aiken agrees with Fargen and Rasmussen. The meeting was adjourned at 6:30 p.m. ______________________ __________________________ Mike Struck, Tanner Aiken, Chairperson Community Development Director PLAT CHECKLIST Name of Plat:_________________________________ Review Date:__________________________________ Planning Commission:________________________ City Council for Preliminary Plats:______________________ ☐ Submittal Fee – prior to going to Planning Commission (51-23) ☐ Subdivision Naming – check for duplicates and look at previous plats (51-42) ☐ Ownership – check Beacon, deeds (51-42) ☐ Plat Elements – certificates for Final Plats and ownership & signature lines, Brookings in title, bearings & distances, corners, north arrow, scale, acreages/square footages, labeling of lots & blocks, legal description, location in City limits or Joint Jurisdiction (51-31 & 51-42) ☐ Street Names – check beacon for duplicates and continuation of existing streets (51-63) ☐ Consistency with Comprehensive Plan, Street Plan, Parks Master Plan, Bike Plan – density, connectivity, development constraints, future streets, parks, and trails (51-81) ☐ Zoning District – minimum lot sizes, frontage requirements, corner lot size, buildability, setbacks for existing buildings (51-81) ☐ Streets/Access Requirements – ROW widths, street widths, streets extended to property line, private/public, sidewalks, street off-sets, 1’ no access easement, temporary turn-arounds, cul- de-sac lengths, block lengths, SD DOT Approval & Certificate? (51-64 & 51-65) ☐ Secondary Access – See Sub Regs 51-64 ☐ Floodway/Floodplain – show on preliminary plat, CLOMAR, LOMA/LOMAR, floodplain development permit for grading (51-65) ☐ Easements – Submit to BMU and Engineering for utility, drainage, access easement review and check prior to recording (51-65) ☐ Drainage/Grading Plan – Engineering review, access to detention ponds, drainage easements (51-65) ☐ Groundwater Control Plan/Utility Plan – Require at preliminary plat stage if located in high groundwater/constrained area, limitation on basements and utility plan to BMU (51-31) ☐ Assurance/Maintenance Agreement – Engineering draws up for subdivision improvements (51- 65) ☐ Wellhead Protection Zone – Joint Jurisdiction plats NOTES: RESOLUTION NO. 43-00 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF BROOKINGS, SOUTH DAKOTA, AUTHORIZING THE CITY MANAGER TO APPROVE PLATS. WHEREAS, The governing body has the authority according to state statute to designate an administrative official of the municipality to approve plats in lieu of approval by the governing body. NOW THEREFORE BE IT RESOLVED that the City Manager is hereby authorized to approve all plats submitted to the City of Brookings. Passed and approved this 10th day of July, 2000. Mayor C1TY Op eR f INCOqp.Ot E,T:a.9 '" N o Q Q •'' Op,T ity Clerk S:\res\plat signing.doc 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 20-0230,Version:1 Public Hearing and Action on Annual Malt Beverage Alcohol License Renewals. Summary: The public hearing will allow for public and City Council comment on three (3) businesses which failed an alcohol compliance check conducted by the Brookings Police Department. Following the public hearing, the City Council will take action on the annual on/off malt license renewals. After Council action, applications will be forwarded to the State Department of Revenue for final action and issuance of licenses. Recommendation: Staff recommends approval. Attachments: Memo Hearing Notice Map of Locations City of Brookings Printed on 5/21/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: May 26, 2020 Subject: Public Hearing on On/Off Malt License Renewals Person(s) Responsible: Bonnie Foster, City Clerk Summary: The public hearing will allow for public and City Council comment on three (3) businesses which failed an alcohol compliance check conducted by the Brookings Police Department. Following the public hearing, the City Council will take action on the annual on/off malt license renewals. After Council action, applications will be forwarded to the State Department of Revenue for final action and issuance of licenses. Background: A public hearing is required by SDCL 35-2-1.2 for any licensee where one or more of the licensee’s employees have been subjected to a criminal penalty for violation of the alcoholic beverage control law. SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or disapproval. Any applicant for a new retail license, except as set forth in § 35-2-1.1, or the transfer of an existing license shall submit an application to the governing body of the municipality in which the applicant intends to operate, or if outside the corporate limits of a municipality, to the governing body of the county in which the applicant intends to operate. The applicant shall submit the required fee with the application. The governing body may approve the application for a new retail license or the transfer of an existing license if the governing body considers the applicant suitable to hold the license and the proposed location is suitable. The governing body may disapprove an application for a new retail license or the transfer of an existing license issued under subdivision 35 -4-2(4), (6), or (13) if: 1) The approval of the application permits a person, corporation, or business entity to possess more than one-third of the licenses available to be issued in the jurisdiction; and 2) The governing body determines that possession of more than one -third of licenses available is not in the public interest. Any application for the reissuance of a retail license may be approved by the municipal or county governing body without a hearing unless in the past year the licensee or one or more of the licensee's employees have bee n subjected to a criminal penalty for violation of the alcoholic beverage control law or the license has been suspended. Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp 1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§ 35- 4-32, 35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1; SL 2017, ch 164, § 1; SL 2018, ch 213, § 12. Item Details: A Compliance Check was conducted by the Brookings Police Department on May 24, 2019. A total of 15 businesses were checked, with three (3) failing. Of the businesses which failed the compliance check, none of the businesses had failed prior compliance checks. The following 3 businesses failed:  Guadalajara, Village Square Mall, Suite F  Tee’d Off Golf, 2508 Wilbert Court, Suite B  The Wild Hare, 303 3rd St. Legal Consideration: None. Strategic Plan Consideration: None. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Do nothing Staff recommends approval. Supporting Documentation: Memo Hearing Notice Map of Locations Notice of Public Hearing on Applications for Sale of Alcoholic Beverages for 2020-2021 NOTICE IS HEREBY GIVEN that the City Council in and for the City of Brookings, South Dakota, on Tuesday, May 26, 2020, at 6:00 p.m. CST, in the Council Chambers, Brookings City & County Government Center, 520 3rd Street, in said City of Brookings, will meet in regular session to consider the following applications for alcoholic beverage licenses to operate within the City of Brookings, South Dakota, for the 2020-2021 licensing period, which have been presented to the governing body and filed in the City Clerk’s Office. On-Off Sale Malt (retail): Guadalajara, Village Square Mall #1; Tee’d Off Golf, 2508 Wilbert Court, Suite B; The Wild Hare, 303 3rd Street. Bonnie Foster, City Clerk Dated May 18, 2020 Published ______ time(s) at an approximate cost of $ _____________. 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 20-045,Version:1 Action on Resolution 20-045, a Resolution Amending the Consolidated Fee Schedule. Summary: This resolution will update the Consolidated Fee Schedule to set electric vehicle charging station rates. Electric vehicle charging station rates are proposed to be $1 per hour for the first three (3) hours, $2 per hour for any time over three (3) hours, and fee exempt for use by the City of Brookings and Bookings County. Background: The City of Brookings charges fees to offset operational expenses and ensure the financial sustainability of programs and services. Staff aggregated all City fees into the Consolidated Fee Schedule which was adopted by City Council as part of the 2020 Budget process. From time to time, the Consolidated Fee Schedule will be revisited and updated to ensure City fees are up-to-date and align with current markets. Obtaining an electric vehicle charging station at the City and County Government Center is a shared goal for the City of Brookings and Brookings County. A component of operating an electric vehicle charging station is to set hourly rates for use. Fiscal Impact: $100 in annual revenue is estimated to be received from the electric vehicle charging station. The lease for the charging unit is $2,750 with a three (3) year duration. Recommendation: Staff recommends approval of the resolution as presented. Attachments: Memo Resolution Consolidated Fee Schedule City of Brookings Printed on 5/21/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jacob Meshke, Assistant City Manager Council Meeting: May 26, 2020 Subject: Adopting Electric Vehicle Charging Station Rates Person(s) Responsible: Jacob Meshke, Assistant City Manager Summary: This resolution will update the Consolidated Fee Schedule to set electric vehicle charging station rates. Electric vehicle charging station rates are proposed to be $1 per hour for the first three (3) hours, $2 per hour for any time over three (3) hours, and fee exempt for use by the City of Brookings and Bookings County. Background: The City of Brookings charges fees to offset operational expenses and ensure the financial sustainability of programs and services. Staff aggregated all City fees into the Consolidated Fee Schedule which was adopted by City Council as part of the 2020 Budget process. From time to time, the Consolidated Fee Schedule will be revisited and updated to ensure City fees are up-to-date and align with current markets. Obtaining an electric vehicle charging station at the City and County Government Center is a shared goal for the City of Brookings and Brookings County. A component of operating an electric vehicle charging station is to set hourly rates for use. Item Details: The City of Brookings has entered into a three-year lease with ChargePoint for an electric vehicle charging station at an annual rate of $2,750. The lease amount will be paid out of the City/County Government Center budget, which is split between the City of Brookings and Brookings County. The charging unit has two (2) ports and can charge two (2) vehicles at once. Under the lease agreement, ChargePoint is responsible for the installation, monitoring, and maintenance of the electric charging unit. A lease arrangement was chosen because electric vehicle charging unit technology is rapidly changing and the units become outdated relatively quickly. Additionally, the City will receive a $3,000 rebate from Missouri River Energy Services for participating in the lease program, which can be used towards the site preparation expenses and first year of the lease. The City has received a recommendation to charge a fee for electric vehicle charging to set the precedent this is a fee-based service and deter individuals from overtly taking advantage and using the City’s electricity. The City of Vermillion charges $1.70 per hour for electric vehicle charging, which is the same rate ChargePoint charges at their headquarters. Staff is proposing a gradually increasing rate of $1 per hour for the first three (3) hours and $2 per hour for any charging time over three (3) hours. ChargePoint has provided the unit will charge most electric vehicles in four (4) hours or less. This would provide a cost of $5 for an electric car owner to fully charge their electric vehicle. By comparison, it would cost an electric car owner $6.80 to fully charge their electric vehicle in Vermillion. Further, it is proposed the City of Brookings and Brookings County would be exempt from fees if either entity was to obtain an electric or hybrid vehicle in the future for operational use. Legal Consideration: None. Strategic Plan Consideration: Installing an electric vehicle charging station accomplishes an initiative of the Sustainability Council and furthers the City’s vision of embracing sustainability. Financial Consideration: Annual revenue of $100 is estimated to be received from the electric vehicle charging station. The lease for the charging unit is $2,750 with a three (3) year duration. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Deny 3. Refer to a study session 4. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Consolidated Fee Schedule Resolution 20-045 Resolution Amending the Consolidated Fee Schedule Whereas, the City has adopted a Consolidated Fee Schedule, which sets various rates, fees, and charges for services provided; and Whereas, the City is installing an electric vehicle charging station and desires to update the Consolidated Fee Schedule to establish the fees for use of the charging station. Now, Therefore, Be It Resolved, that the City of Brookings hereby adopts the attached Consolidated Fee Schedule for use of the electric vehicle charging station. Dated at Brookings, SD, this 26th day of May, 2020. CITY OF BROOKINGS ________________________________ Keith W. Corbett, Mayor ATTEST: ________________________________ Bonnie Foster, City Clerk City of Brookings Fee Schedule Fee Description Resolution City Code Fee Electric Vehicle Charging Station Rates Hourly Rate for First Three (3) Hours $1.00 Hourly Rate for Over Three (3) Hours $2.00 City of Brookings and Brookings County Use Exempt