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2020_07_28 CC PKT
City 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 Chambers5:00 PMTuesday, July 28, 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. 5:00 PM BUDGET STUDY SESSION ID 20-0319 Budget Workshop #2 Memo Presentation Budget-In-Brief 10-Year Capital Improvement Plan Consolidated Fee Schedule Attachments: 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. Page 1 City of Brookings July 28, 2020City Council Meeting Agenda 3.A. Action to approve the agenda. 3.B.ID 20-0311 Action to approve the July 7 and July 14, 2020 City Council minutes. 7/7/2020 Minutes 7/14/2020 Minutes Attachments: 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: None 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.ORD 20-012 Introduction and First Reading on Ordinance 20-012, an Ordinance Rezoning the East 50’ of Lot ‘A’ of Lot 4, Block 1 (829 2nd Street South); Lot ‘B’ of Lot 4, Block 1 (831 2nd Street South); and Lot ‘C’ of Lot 4, Block 1 (915 2nd Street South); all in Skinners Third Addition from Residence R-2 Two-Family to Business B-3 Heavy District. Public Hearing: August 11, 2020 Memo Ordinance Planning Commission Minutes 7.7.2020 Notice Rezoning Map Future Land Use Map Attachments: 7.B.ORD 20-013 Introduction and First Reading on Ordinance 20-013, an Ordinance pertaining to a Conditional Use Permit Pertaining to Establishing a Concrete Plant on Lot 2A, Block 3, Telkamp Industrial Addition. Public Hearing: August 11, 2020. Page 2 City of Brookings July 28, 2020City Council Meeting Agenda Memo Ordinance Planning Commission Minutes 7.7.2020 Notice Aerial Map Attachments: 7.C.ORD 20-014 Introduction and First Reading on Ordinance 20-014, an Ordinance Amending Chapter 94, Zoning, Pertaining to Section 94-399.1 - Bufferyards. Public Hearing: August 11, 2020. Memo Ordinance Ordinance - Marked Up Presentation Planning Commission Minutes 7.7.2020 Notice Bufferyard Exhibits Attachments: 8. Public Hearings and Second Readings: 8.A.ID 20-0312 Public Hearing and Action on a request for an On-Off Sale Malt License for MG Oil Company, Marlyn Erickson and Troy Erickson, owners, 722 Western Ave., Suite B, legal description: Lots 1 and 2, Block 1, Suite B, Snyder’s Addition. Memo City Attorney Opinion on AR 48.02.11.02 Legal Notice Proposed Building Plan Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Cal 8.B.ID 20-0314 Public Hearing and Action on a request for Video Lottery for MG Oil Company, Marlyn Erickson and Troy Erickson, owners, 722 Western Ave., Suite B, legal description: Lots 1 and 2, Block 1, Suite B, Snyder’s Addition. Page 3 City of Brookings July 28, 2020City Council Meeting Agenda Memo City Attorney Memo on Video Lottery - 2018.05.02 City Attorney Opinion on AR 48.02.11.02 Video Lottery - State Statues and Admin Rule Legal Notice Proposed Building Plan Location Map Current Video Lottery List Current Video Lottery Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Cal 8.C.ID 20-0313 Public Hearing and Action on a request for an On-Off Sale Malt License for MG Oil Company, Marlyn Erickson and Troy Erickson, owners, 722 Western Ave., Suite C, legal description: Lots 1 and 2, Block 1, Suite C, Snyder’s Addition. Memo City Attorney Opinion on AR 48.02.11.02 Legal Notice Proposed Building Plan Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Cal 8.D.ID 20-0315 Public Hearing and Action on a request for Video Lottery for MG Oil Company, Marlyn Erickson and Troy Erickson, owners, 722 Western Ave., Suite C, legal description: Lots 1 and 2, Block 1, Suite C, Snyder’s Addition. Memo City Attorney Memo on Video Lottery - 2018.05.02 City Attorney Opinion on AR 48.02.11.02 Video Lottery - State Statues and Admin Rule Legal Notice Proposed Building Plan Location Map Current Video Lottery List Current Video Lottery Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Cal 8.E.ID 20-0316 Public Hearing and Action on a request for an On-Off Sale Malt License for BVG Backyard Grill, Kathy Elenkiwich, owner, for 1805 6th Street, legal description: E 298.5’ of N 342.1’ of Lot 6, Suite 1805, Village Square Addition. Page 4 City of Brookings July 28, 2020City Council Meeting Agenda Memo Legal Notice Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Cal 8.F.RES 20-051 Public Hearing and Action on Resolution 20-051, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On-Off Sale Wine License for BVG Backyard Grill, Kathy Elenkiwich, owner, 1805 6th Street, Brookings, SD, legal description: E 298.5’ of N 342.1’ of Lot 6, Suite 1805, Village Square Addition. Memo Resolution Operating Agreement Legal Notice Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Cal 9. Other Business: 9.A.ID 20-0317 Discussion and Possible Action on 2021 Outside Agency Application and Prioritization. Memo Application Comparisons City Application United Way Application United Way Funding Process Guidelines Rubric 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, Joey Collins, 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 Page 5 City of Brookings July 28, 2020City Council Meeting Agenda 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 6 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 20-0319,Version:1 Budget Workshop #2 Summary: The City will host a series of budget workshops to ensure a transparent and engaging budget process. Budget Workshop #2 will focus on the 10-Year Capital Improvement Plan (CIP) and Consolidated Fee Schedule. Staff will present balanced and sustainable budgets to City Council. Background: The City of Brookings adopts a budget on an annual basis to set the strategic direction for the upcoming year. At the completion of the six (6) month development and adoption process, the budget serves as a policy tool, operations guide, financial plan, and communications device. To ensure a transparent and engaging budget process, the City will hold a series of workshops. Budget Workshop #1 was held on July 14 and focused on a budget overview, operating budgets, and outside agencies. The second budget workshop on July 28 will discuss the 10-Year Capital Improvement Plan and the Consolidated Fee Schedule. A third workshop date will be available on August 11 for any further budget discussion and clarification as desired by City Council. The first reading of the budget ordinance is scheduled for August 25. The second reading of the budget ordinance, adoption of the 10-Year Capital Improvement Plan, and adoption of the Consolidated Fee Schedule is scheduled for September 8. The September 22 City Council meeting date has been identified as a contingency date if a third reading of the budget ordinance is necessary. Fiscal Impact: City staff will present balanced budgets which promote a sustainable future and help the community achieve its dreams. Attachments: Memo Presentation Budget-In-Brief 10-Year Capital Improvement Plan Consolidated Fee Schedule City of Brookings Printed on 7/23/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jacob Meshke, Assistant City Manager Council Meeting: July 28, 2020 Subject: Budget Workshop #2 Person(s) Responsible: Jacob Meshke, Assistant City Manager Summary: The City will host a series of budget workshops to ensure a transparent and engaging budget process. Budget Workshop #2 will focus on the 10-Year Capital Improvement Plan (CIP) and Consolidated Fee Schedule. Background: The City of Brookings adopts a budget on an annual basis to set the strategic direction for the upcoming year. At the completion of the six (6) month development and adoption process, the budget serves as a policy tool, operations guide, financial plan, and communications device. To ensure a transparent and engaging budget process, the City will hold a series of workshops. Budget Workshop #1 was held July 14th and focused on a budget overview, operating budgets, and outside agencies. The second budget workshop will be held July 28th to discuss the 10-Year Capital Improvement Plan and the Consolidated Fee Schedule. A third workshop date is scheduled for August 11th for any further budget discussion and clarification as desired by the City Council. The first reading of the budget ordinance is scheduled for August 25 th. The second reading of the budget ordinance, adoption of the 10 -Year Capital Improvement Plan, and adoption of the Consolidated Fee Schedule is scheduled for September 8 th. The September 22nd City Council meeting date has been identified as a contingency date if a third reading of the budget ordinance is necessary. Staff has broken the budget down into four (4) primary components for City Council – General Fund, Special Revenue/Debt Service Funds, Enterprise Funds, and Capital Improvement Plan. The General Fund encompasses the primary City operations such as public safety, public works functions, and parks, recreation, and forestry, which contribute to Brookings high quality of life, strong neighborhoods, and safe and welcoming community. The 10-Year Capital Improvement Plan will show one-time purchases, generally over $25,000, over the upcoming 10-year window. Special revenue funds must be used for specific purposes which are legally restricted or committed. Enterprise funds are meant to operate in business manner focusing on cost recovery. Item Details: Budget Workshop #2 will focus on the 10-Year Capital Improvement Plan and Consolidated Fee Schedule. The proposed 2021 Budget is $53,968,114, which is a decrease of $1.2 million, or 2%, from the 2020 budget. This total budget did increase by about $40k from the first workshop with the finalized, proposed CIP. The current CIP maintains/replaces existing facilities, vehicles, and equipment wh ile providing no additions. The 2021 CIP expenditures are proposed to be $9.3 million. Debt service, street/airport, and parks/recreation account for approximately 86% of t he total CIP expenditures. Second penny sales tax contributes 73% of CIP revenue. City staff will recommend utilizing $1.4 million of City Council Priority Funding for the 2021 CIP to account for increased facility projects and ensure the long-term sustainability of the CIP. At a February 2020 study session, City Council was presented with a recommendation to utilize $1.7 million of Priority Funding for a similar purpose. Staff was able to reduce this requested contribution through further analysis, project timing, and an alternative revenue source for LED lighting conversion. Major projects for 2021 include Library HVAC repairs, annual street overlay and chip seal projects, and vehicle/equipment replacement. While the CIP is balanced through 2023, strategic decisions will be needed in the future with a nearly $1 millio n annual payment from 2022 - 2027 for the Performing Arts Center, aging Police facility, and widespread maintenance needs of existing City facilities. Several new fees have been added and adjustments made to the Consolidated Fee Schedule. Noteworthy changes include airport fees, increases to building permits, and increase to court costs as adopted by the state which go to the state. Legal Consideration: None. Strategic Plan Consideration: The City of Brookings is committed to embracing sustainability and proactive, fiscally- responsible municipal government, which is embodied by balanced, transparent, and accountable budgeting. Financial Consideration: City staff will present balanced budgets, which promote a sustainable future, and help the community achieve its dreams. Options and Recommendation: Budget Workshop #2 is informational and conversational in nature. The City Council is encouraged to ask questions and engage in discussion. Supporting Documentation: 1. Presentation 2. Budget-In-Brief 3. 10-year Capital Improvement Plan 4. Consolidated Fee Schedule 2021 Budget Executive Overview •July 14 Workshop ‣Budget Overview ‣Operating Budgets ‣Outside Agencies •July 28 Workshop ‣10-Year Capital Improvement Plan ‣Fee Schedule •August 11 Workshop (Optional) ‣Recap and Discussion 2021 Budget Workshops •August 25 ‣First Reading of Budget Ordinance •September 8 ‣Second Reading of Budget Ordinance ‣Adoption of Fee Schedule ‣Adoption of 10-Year Capital Improvement Plan •September 22 ‣Contingency Date 2021 Budget Adoption Process •2021 Budget Highlights •2021 Budget At-A-Glance •2021 Capital Improvement Plan (CIP) Highlights •2021 CIP At-A-Glance •2021 CIP Revenues/Expenditures •2021 CIP Budget Detail •Departmental CIP Projects •The Bottom Line •Consolidated Fee Schedule Review •Questions and Feedback Workshop #2 Agenda 2021 BUDGET HIGHLIGHTS •Balanced Budgeting –General Fund and CIP •Negative Sales Tax Growth •$300k General Fund Decrease from 2020 •Lean and Streamlined •Efficiency / Organizational Improvement •Intuitive •Sustainable –Building a Stronger Brookings Working to Attain Council/Community Dreams 2021 Budget At-A-Glance General Fund $16,826,047 31% Special Revenue/Debt Service $11,945,645 22% Enterprise Funds $9,057,406 17% CIP $9,348,846 17% Liquor Pass Through $6,790,170 13% 2021 Budget General Fund $17,124,065 31% Special Revenue Funds $10,684,072 19%Enterprise Funds $13,168,468 24% CIP $7,604,091 14% Liquor Pass Through $6,550,000 12% 2020 Budget $55,130,696 $53,968,114 2021 CIP HIGHLIGHTS •PAC Payments ($917K) –2022 to 2027 •Maintenance/Replacement Budgeting •$6.5 Million in Departmental Cuts •LED Lighting Conversion Project •Intuitive •Sustainable –Building a Stronger Brookings Working to Attain Council/Community Dreams 2021 CIP At-A-Glance Outside Agency 1%Public Safety 5% Parks and Recreation 19% Street/Airport 37% Swiftel Center 5% Debt Service 30% Building/Equipment/IT 3% 2021 Expenditures $9,348,846 Sales Tax 73% City Council Priority Funding 15% Tax Increment Financing Revenue 12% 2021 Revenue $9,446,449 2021 CIP Revenue Sales Tax, $6,904,449, 73% City Council Priority Funding, $1,400,000, 15% Tax Increment Financing Revenue, $1,142,000, 12% $9,446,449 •2nd Penny Sales Tax •Tax Increment Financing Revenue ‣Replenish CIP for previous expenditures •City Council Priority Funding ‣Facility Analysis Repairs ‣Provides “catch-up” funding 2021 CIP Expenditures Outside Agency , $100,000, 1%Public Safety , $436,600, 5% Parks and Recreation , $1,799,569, 20% Streets , $3,491,500, 38% Swiftel Center, $466,781, 5% Debt Service , $2,830,396, 31% $9,348,846 •Outside Agency ‣PAC Expansion Payment •Debt Service ‣Bob Shelden/Larson Ice Arena ‣TIF Projects ‣City Hall •Swiftel Center ‣Video Screen/Riser Payments ‣Service Area Paving ‣Scrubber 2021 Public Safety Expenditures Police Vehicles, $186,600, 43% Police Equipment, $29,000, 6%Fire Facility , $70,000, 16% Fire Vehicles, $95,000, 22% Fire Equipment, $56,000, 13% $436,600 •Police Vehicles ‣2 marked, 1 unmarked •Fire Vehicles ‣Engine 1 Replacement (2001) ‣Lease Payment to Landfill •Fire Facility ‣Completion of South Training Site ‣3-Year Improvement Project 2021 Parks and Recreation Expenditures Vehicles and Equipment, $390,000, 22% Facility Renovations, $163,000, 9% Activity Center, $50,000, 3% Larson Ice Arena, $205,350, 11% Golf Course, $165,000, 9% Library, $764,650, 43% Public Art, $61,569, 3% $1,799,569 •Vehicles and Equipment ‣Boom Truck (2009) ‣Tree Chip Truck (1990s) •Park Facility ‣Southbrook Restrooms ‣Pool Heater •Larson Ice Arena ‣Zamboni ‣Flooring and Rooftop Unit •Library ‣Air Handling Units/HVAC •Golf Course ‣Mowers ‣Range Safety Netting 2021 Streets/Airport Expenditures Vehicles and Equipment, $531,000, 15% Airport, $114,900, 3% Sidewalk/Curb Maint. (ADA), $320,000, 9% Street Overaly/Chip Seal, $2,525,600, 73% $3,491,500 •Vehicles and Equipment ‣Dump Truck (2000) ‣Payloader (2006) •Sidewalk/Curb Maintenance ‣3rd and 4th Street •Overlay/Chip Seal ‣Annual Chip Seal Project ‣Annual Overlay Project ‣Larson Park Lot •Airport ‣Annual Painting/Chip Sealing ‣Mower ‣Pavement Maintenance (City Portion) •$6.5 Million of Reductions •LED Lighting Conversion •Police Facility ‣$6 Million –Renovation ‣$12 Million –New Construction •Monitor and explore opportunities ‣Grants ‣One-time opportunities ‣Alternative service/program delivery Departmental Projects The Bottom Line •2025 ‣Swiftel HVAC Needs •2026 & 2027 ‣Vehicle Replacements ‣Facility Repairs •2020 Budget ‣Created Consolidated Fee Schedule •Review Quarterly ‣PDD Fee Updates ‣Electric Vehicle Charging Station Rates •Department Direction ‣Comparative Analysis ‣Market Trends ‣Cost Recovery Consolidated Fee Schedule •Airport ‣Fuel Flowage Late Payment ‣Tie Down Fee ‣Self Fueling Permit ‣Late Fee Payment •Engineering ‣Sidewalk and Curb Ramp Inspection •Police ‣Change in speed categories, mirror state 2021 New Fees •Increases ‣Building Permits ‣Engineering Inspection Fees ‣Larson Ice Arena –Daily Admission and Rentals ‣Larson Nature Park –Equipment Rental ‣Zoning and Use Registration Permit ‣Parking Fines ‣Court Costs Fees •Decreases ‣1-5 MPH Over Speed Limit in School Zone ‣Airport Landing Fees ‣Yard Waste Bags 2021 Fee Changes Questions? 2021 BUDGET GENERAL FUND REVENUE & EXPENDITURES Sales Tax 41.0% Departmental 7.7% Transfers 20.0% Intergovernmental 3.8% Other 6.4% Property Tax 21.1% Alignment of Expectations Needed to Attain Brookings’ Dreams Meet Present Needs SPECIAL REVENUE/DEBTSERVICECIPGENERAL FUNDTO T A L BUDGET EN T E R P R I S E FU N D $15 .8 m $ 54m 30%31%17%22%$11.9 m $16.8m$9 .3m2.1% or $1.2 Million Decrease General, Special Revenue, Enterprise, Capital Services, Facilities & Infrastructure Fully Funded $ 16,826,047 $ 16,826,047 GENERAL FUND R E V ENUE EX P E N D ITURES Non-Departmental 1.0% Police Fire5.4% Parks, Rec, Forestry 18.9% Finance/HR/IT7.5% Appropriations/ Subsidies 3.7% Public Works24.6% Transfers1.6% 24.5% Library Admin 5.9% 6.8%6.9% 1.7% or $300k Decrease General Fund decrease from 2020 2021 BUDGET PROJECTS & CHANGES Street Overlay & Chip Seal Library HVAC Larson Park Parking Lot Southbrook Restroom Renovation $300k General Fund Reduction Engineering/Community Development Restructure Fee Schedule Update Sales Tax Reduced by 2% Liquor Pass Through Moved to Liquor Enterprise Fund COVID-19 Reduced Usage of Non-Departmental Account BUDGET CHANGES UPCOMI N G PROJECT S Vehicle Replacement Dump Truck Payloader Boom Truck Chip Truck 3 Police Squads Zamboni 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030PAC II Expansion 100,000 916,666916,666 916,666 916,666 916,666 916,666 0 0 0Hospital Expansion/Addition0 100,000 100,000 100,000 100,000 100,000 75,000 0 0 0Total Outside Agency 100,000 1,016,666 1,016,666 1,016,666 1,016,6661,016,666 991,666 0 0 0Police Vehicles 186,600 272,600 230,500 265,500 230,800 230,600 188,800 237,500 279,500 244,800Police Equipment 29,000 74,900 30,000 0 0 100,000 100,000 0 39,200 39,800Police Facility 0 206,650 65,00089,200 126,000 128,650 0 100,000 0 163,250E-911 00000120,600 0 0 0 0Fire Facility 70,000 106,300 30,000 0 0 175,250 177,525 247,400 176,800 0Fire Vehicles 95,000 260,000 360,000 295,000395,000 650,000 620,000 1,270,000 1,200,000 550,000Fire Equipment56,000 30,000 271,000 471,00070,000 30,000 0 30,000 0 0Total Public Safety 436,600 950,450 986,500 1,120,700 821,800 1,435,100 1,086,3251,884,900 1,695,500 997,850Vehicles and Equipment 390,000 165,00090,000 60,000 35,000 100,00035,000 105,000 213,000 35,000Park Facility Renovations 163,000 300,000 255,000 529,500 295,000 155,000 30,000 125,000 125,000 0Activity Center 50,000 141,500 0 0 0 0 0 453,175 0 62,650Tree Planting 0 25,000 25,000 25,00025,000 25,000 25,000 25,000 25,000 25,000Larson Ice Arena 205,350 0 38,600450,000 285,150 447,100 822,600 89,100 105,000 0Golf Course 165,000 151,250 175,500 115,000 309,000 180,000 308,100 189,700 215,000 36,000Library 764,650 522,125 0 75,00075,000 170,000 0 231,625 0 142,638Public Art61,569 70,000 70,000 70,000 70,00070,000 70,000 70,000 70,000 70,000Total Parks and Recreation 1,799,569 1,374,875 654,100 1,324,500 1,094,150 1,147,1001,290,700 1,288,600 753,000 371,288STREETSVehicles and Equipment 531,000 375,000591,000 425,000 670,000 537,000280,000 370,000 470,000 941,000Facility 0 0 25,000 0 0 29,850 0 70,000 0 0Airport 114,900 162,250 141,000 50,000124,250 50,000 319,900 87,350 111,255 50,000Sidewalk and Curb Maintenance (ADA) 320,000 260,000 220,000 220,000 240,000 220,000 220,000 220,000 220,000 220,000Street Overlay/Chip Seal 2,525,600 2,186,875 2,348,0002,470,000 2,367,000 2,359,000 2,300,000 3,556,000 2,272,000 2,273,00022nd Avenue Project0 100,000 3,300,000 0 0 100,000 3,500,000 0 0 0Total Streets/Airport 3,491,500 3,084,125 6,625,000 3,165,000 3,401,250 3,295,850 6,619,900 4,303,350 3,073,255 3,484,000Buildings and Structures 117,360 301,200 280,000 50,000 0 90,000 100,000 0 0 500,000Equipment 335,271 540,571 267,771 225,271218,271 300,217 72,500 110,000 110,000 62,500Maintenance 5,000 56,961 68,900 53,000 52,700 0 0 0 5,000 60,500Facility 9,150 0 6,550 52,000 1,493,263 122,550393,930 195,000 8,000 10,500Total Swiftel Center 466,781 898,732 623,221 380,271 1,764,234 512,767 566,430 305,000 123,000 633,500 County Resource Center 100,000Total Bond & Interest Payments 2,730,396 1,618,1591,608,925 1,543,472 1,543,955 1,545,809 1,543,984 771,040 725,360 730,691Total Debt 2,830,396 1,618,1591,608,925 1,543,472 1,543,955 1,545,809 1,543,984 771,040 725,360 730,69110-Year Capital Improvement Plan OUTSIDE AGENCIESPUBLIC SAFETYPARKS AND RECREATIONSTREETS/AIRPORTSWIFTEL CENTERDEBT SERVICEPage 1 of 2 2021 2022 2023 2024 2025 2026 2027 2028 2029 203010-Year Capital Improvement Plan Building/Equip/Auto/IT Sinking Fund 200,000250,000 250,000 250,000 250,000 300,000 300,000 300,000 300,000 300,000IT 0 45,000 0 0 0 0 0 0 0 0CITCO 24,000 0 0 218,484 0 19,680 0 45,768 117,240 66,432 Total Sinking Fund 224,000 295,000 250,000 468,484 250,000 319,680 300,000 345,768 417,240 366,432TOTAL EXPENDITURES 9,348,846 9,238,007 11,764,412 9,019,093 9,892,055 9,272,972 12,399,005 8,898,658 6,787,355 6,583,7612021 2022 2023 2024 2025 2026 2027 2028 2029 20302nd Penny Sales Tax6,904,449 7,270,385 7,488,496 7,713,151 7,944,546 8,182,882 8,428,369 8,681,220 8,941,656 9,209,906Other Revenue (inc STP)100,000 3,032,784 100,000 2,949,160 0 0City Council Priority Projects Fund1,400,000 1,100,000TIF Revenue1,142,000 1,142,000 1,142,000 1,142,000 1,142,000 771,000 771,000 771,000 771000 0Carry Forward + Unused97,603 471,981 370,849 206,9070 0 0 553,562 3,478,863TOTAL REVENUES 9,446,449 9,709,988 12,135,261 9,226,0009,293,453 9,053,882 12,148,5299,452,220 10,266,218 12,688,769Sales Tax Change 5.3% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0%Revenue to Debt 31% 26% 21% 27% 26% 27% 20% 8% 7% 6%Coverage Factor 3.22 3.83 4.80 3.75 3.78 3.68 4.94 12.26 14.15 17.37 SURPLUS/(DEFICIT) 97,603 471,981 370,849 206,907(598,602) (219,090) (250,476)553,562 3,478,863 6,105,008REVENUEBUILDING/EQUIPMENTPage 2 of 2 Project Description 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Vehicles PD Vehicle Equipment $32,500 $28,500 $42,500 $37,500 $46,000 $34,600 $39,500 $20,000 $40,000 $30,600 PD Vehicle Stripes and Upfitting $11,200 $22,300 $15,300 $17,600 $15,500 $14,700 $12,000 $18,200 $18,200 $19,000 PD Vehicles $110,000 $199,000 $154,000 $179,000 $142,000 $154,000 $110,000 $172,000 $194,000 $172,000 PD Vehicle Cameras $16,500 $10,500 $10,500 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 PD Vehicle Analogue Radios $4,000 $3,000 $2,000 $4,000 $3,000 3000 $3,000 $3,000 $3,000 $2,000 PD Vehicle Digital Radios $12,400 $9,300 $6,200 $12,400 $9,300 9300 $9,300 $9,300 $9,300 $6,200 Total Vehicles $186,600 $272,600 $230,500 $265,500 $230,800 $230,600 $188,800 $237,500 $279,500 $244,800 Equipment PD Firearms $29,000 $38,500 $39,800 PD AED $36,400 $39,200 PD - Portable Dual purpose radio $100,000 $100,000 PD - Sirens $30,000 Total Equipment $29,000 $74,900 $30,000 $0 $0 $100,000 $100,000 $0 $39,200 $39,800 E-911 Console (7 Year Life Span)$120,600 Total E-911 $0 $0 $0 $0 $0 $120,600 $0 $0 $0 Facility Replace exterior windows as needed Roof - repair/replacement HVAC - replace air handlers 1-3 HVAC - replace condensing units Replace 70% carpeting $34,500 Replace electrical panels and switchboard $52,150 Replace interior lighting to LED $120,000 HVAC upgrade to temperature control system $65,000 Replace generator automatic transfer switch $89,200 Replace AHU 1 $101,000 Roof - replace condensing unit $25,000 Replace natural gas boiler $77,850 Roof - repair/replacement of CU#1 $50,800 Repair 30% of paving/hardscapes $28,000 Restrooms - replacement/repair sinks and fixtures $32,000 Roof - Replace rooftop unit $40,000 Replace 20% interior doors $26,000 Replace elevator $102,800 Replace electrical switch board $34,450 Total Facility $0 $206,650 $65,000 $89,200 $126,000 $128,650 $0 $100,000 $0 $163,250 Total Capital Outlay $215,600 $554,150 $325,500 $354,700 $356,800 $579,850 $288,800 $337,500 $318,700 $447,850 Police Department Capital Improvement Plan 10-Year Capital Plan5-Year Capital Improvement Plan Project Description 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Vehicles Fire Dept-Truck Replacement-Engine1-2001/2019 $95,000 $95,000 $95,000 $95,000 $95,000 Fire Dept- Truck Replacement - Engine 2 (2006)$100,000 $100,000 $100,000 $100,000 $100,000 Fire Dept- Truck Replacement - Rescue 1 (2006)$100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 Truck Set Aside Fire Dept - Truck Replacement - Engine 3 (2007)$100,000 $100,000 $100,000 $100,000 $100,000 $100,000 Fire Dept - Truck Replacement - Platform (2006)$350,000 $350,000 $350,000 $350,000 $350,000 Fire Dept - Truck Replacement - Engine 4 (2010)$650,000 Fire Dept - Truck Replacement - 6F1 (2017)$65,000 $70,000 Fire Dept - Truck Replacement - 6F2 (2018)$65,000 $70,000 Fire Dept - Truck Replacement - Engine 5 (2011)$650,000 Total Vehicles $95,000 $260,000 $360,000 $295,000 $395,000 $650,000 $620,000 $1,270,000 $1,200,000 $550,000 Equipment Fire Dept –Structure/USAR Rescue Gear $30,000 $30,000 $30,000 $30,000 Fire Dept-Breathing Air Compressor $56,000 SCBA $271,000 $271,000 Mobile and Handheld Radio Replacement (15 m & 22 hh)$70,000 $70,000 Extractor and Dryer Replacement (4 Each)$30,000 Heavy Hydraulic Extrication Equipment $70,000 Total Equipment $56,000 $30,000 $271,000 $471,000 $70,000 $30,000 $0 $30,000 $0 $0 Facility FD-Remodel South Station (when S Main built)$70,000 FD-Replace two overhead garage doors & openers (Training) FD-Training Site Concrete Burn Tower Addition (1988) FD - East Station Remodel (Carpet, Paint & BR)$30,000 Future Projects (Remodel) $30,000 22nd Avenue Station Interior and Exterior concrete repair/replacement $29,025 Replace metal roof $37,400 East Fire Station Replace interior lighting to LED $50,900 Replace exterior walls packs $25,400 Replace 5 HVAC rooftop units $175,250 Replace ballasted roof $148,500 South Main Fire Station Exterior doors - maintain and repair $50,000 Metal clad roof - maintain and repair $27,800 Exterior concrete maintenance and repair $99,000 Main (West) Fire Station Replace 6 overhead doors $150,000 Repair roof $60,000 Total Facility $70,000 $106,300 $30,000 $0 $0 $175,250 $177,525 $247,400 $176,800 $0 Total Capital Outlay $221,000 $396,300 $661,000 $766,000 $465,000 $855,250 $797,525 $1,547,400 $1,376,800 $550,000 10-year Capital Improvement Plan5-Year Capital Improvement Plan Project Description 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Vehicles and Equipment Replace 2009 Boom Truck $200,000 Replace 1990's Chip Truck $110,000 Replace 2008 Chipper $70,000 Replace 2014 Forestry Loader $150,000 Recreation - Registration Software $30,000 Replace Hustler 4600 Mower $55,000 10' Box Plow Replace Toro mower $65,000 Replace 1994 Bunker Rake Overseeder Replace Fleet Pick-Up Trucks 1 each year $35,000 $35,000 $35,000 $35,000 $35,000 $35,000 $35,000 $35,000 $35,000 $35,000 Replace 2019 Kromer Field Commander $28,000 Replace 2012 3320 John Deere Tractor $35,000 Replace 2013 Hustler 104 Mower $25,000 Replace 2011 John Deere 3320 Replace old Bobcat $45,000 New Tool Cat with Broom $65,000 Total Vehicles and Equipment $390,000 $165,000 $90,000 $60,000 $35,000 $100,000 $35,000 $105,000 $213,000 $35,000 Park Facility Renovations Nature Park - Resealing of Buildings $25,000 $25,000 $25,000 Nature Park - Resealing of Interior Wood $25,000 HAC - Refinish quartz pool surface $125,000 HAC - New filter system - main pool $215,000 HAC - Alter perimeter recirculation system $40,000 HAC - New filter system - Leisure Pool $155,000 HAC - Replace Main Pool heater $38,000 Community Garden site II $100,000 Softball Complex Sidewalk Additions $35,000 Parks Master Plan Update Pickleball 4 court complex - Edgebrook Skatepark equipment replacement $75,000 Resurface/Reseal/Striping Sexauer Campground $25,000 Retrofit Cold Storage Unit Garage Doors at Park Maintenance Playground replacement - McClemans Park $130,000 Playground Replacement - Sarah Renae $130,000 Playground replacement - Hillcrest Park $240,000 10-Year Capital Improvement Plan5-Year Capital Improvement Plan Parks, Golf Course, Library, and Senior Center Capital Improvement Plan Splashpark $250,000 Larson Park parking/road repair Larson Park Group shelter pavilion Larson Park fountain Outdoor offices - Larson Park $30,000 Dog Park - Sexauer Park $100,000 Soccer Complex press box leveling $25,000 Park Shop addition SouthBrook Restrooms Rehab $100,000 Maint Shop/Sheds - replace/repair 50% exterior doors $64,500 Total Park Facility Renovations $163,000 $300,000 $255,000 $529,500 $295,000 $155,000 $30,000 $125,000 $125,000 $0 Activity Center Activity Center - Replace 50% of carpet $35,000 Activity Center - Exterior Windows $25,000 Activity Center - Make Fire system ADA compliant $25,000 Activity Center - Replace panel L,LK,MDP,LKD and Switchboards $141,500 Activity Center - Interior lighting to LED Activity Center - Replace sprinkler system $41,250 Activity Center - Replace rooftop units $411,925 Activity Center - Replace exterior lighting to LED Activity Center - Replace HVAC exhaust fans $27,650 Total Activity Center $50,000 $141,500 $0 $0 $0 $0 $0 $453,175 $0 $62,650 Larson Ice Arena Replace rubber flooring $50,000 Replace Olympia with a Zamboni $100,000 $130,000 Re build east parking lot Blue Rink - Replace dehumidification system Replace make-up air unit - RTU-2A $55,350 Exterior wall packs and parking lights to LED Exterior windows $38,600 Interior lighting to LED Red/Blue Rink - Dehumidification Unit $450,000 Generator maintenance $41,800 Main Electrical room - replace pumps P1 - P8 $43,350 Replace HVAC controls equipment as needed $200,000 Main Vestibule - replace Fire Detection/Alarm system $222,750 Replace 50% exterior doors $60,000 Repair/patch exterior stucco walls $100,000 Replace exterior security cameras and components $64,350 Red Rink - Replace make-up air unit - RR #1A $55,350 Main electrical room - replace water heater $25,400 Main electrical room - replace boiler $36,650 Red Rink - replace radiant heating system $53,000 Replace Rooftop units 1-9 $380,300 Repair/patch 25% exterior paving $141,900 Repair roofing membrane $89,100 Main electrical room - replace unit heaters $23,000 Red Rink - replace MAU duct heaters $82,000 Total Larson Ice Arena $205,350 $0 $38,600 $450,000 $285,150 $447,100 $822,600 $89,100 $105,000 $0 Golf Course Back nine fairway & tee sprinklers Materials Pad $25,000 Additional cart paths $35,000 $35,000 Golf Updates $35,000 $35,000 $35,000 $35,000 $35,000 Tee & Fringe Mowers 2020(2), 2021(1)$45,000 $45,000 $100,000 Fairway Mowers $95,000 $95,000 Replace 2011 JD Zero Turn Mower $30,000 Replace 2006 Ford Ranger Pick-Up $25,000 Replace 2012 Toro Workman Utility $27,000 Replace 2012 Smithco Bunker Rake $27,000 Sweeper Vac $50,000 Replace 2012 JD Zero Turn Mower $30,000 Replace 2014 Toro workman $28,000 Replace 2- 2015 JD gators $36,000 Replace 2015 smithco sprayer $70,000 Replace 2- Toro greens mowers $110,000 Replace 2007 Dodge pickup w/plow $35,000 Replace Toro 5900 rough mower $140,000 Replace 2- Toro tee and fringe mowers $110,000 Replace toro trap rake $35,000 Replace Toro Top Dresser $25,000 Replace Toro Tee mower $55,000 Clubhouse and Cart Sheds resided Safety Netting Replacement Range $25,000 Exterior Paint $25,750 Wall Packs and Parking Lot lighting to LED $35,500 Interior LED lighting replacement $61,500 HVAC Condensing Units $44,700 Interior Flooring - Carpet and Vinyl $36,000 Exterior Concrete Replacement / 50% Lot sealing $133,100 Total Golf Course $165,000 $151,250 $175,500 $115,000 $309,000 $180,000 $308,100 $189,700 $215,000 $36,000 Tree Planting Tree Planting $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 Total Tree Planting $0 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 Master Bike Plan/Bikeways/Trails/Main Parks Master Plan Trail Repairs/Bicycle education initiative Total MBP/Bikeways/Trails/Main $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Library Cabinet Heaters and Exterior Doors $48,000 New Tile Floor 75,000 Update Bathrooms $75,000 Movable wall $25,000 Replace Air Handling Units $682,000 Interior wallboard repair/patch $34,650 Interior lighting to LED Exterior lighting to LED Replace Air cooled chiller $166,000 Replace 50% ceiling tiles $48,125 Replace exterior metal windows $308,000 Replace fire sprinkler system $145,000 Replace Fire detection/alarm system $86,625 Replace HVAC Controls $77,000 Replace VAV 1 - 7 $68,000 Replace hot water system $50,350 Restroom - replace fixtures and components $25,000 Replace chilled water system $35,538 Flooring - replace 15% VCT $31,750 Total Library $764,650 $522,125 $0 $75,000 $75,000 $170,000 $0 $231,625 $0 $142,638 Public Art Public Art $61,569 $70,000 $70,000 $70,000 $70,000 $70,000 $70,000 $70,000 $70,000 $70,000 Total Public Art $61,569 $70,000 $70,000 $70,000 $70,000 $70,000 $70,000 $70,000 $70,000 $70,000 Total Capital Outlay $1,799,569 $1,374,875 $654,100 $1,324,500 $1,094,150 $1,147,100 $1,290,700 $1,288,600 $753,000 $371,288 Project Description 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Vehicles and Equipment Community Development - Code Enforcement Vehicles $25,000 $25,000 Engineering - Replace 2007 Ford Freestar Pool Van $25,000 Pickup - New Standard Cab 4WD 1/2 Ton $30,000 $30,000 $32,000 $35,000 $38,000 Pickup - New Crew Cab 4WD 3/4 Ton $34,000 $42,000 Pickup - New Crew Cab 1 ton dually Truck-Tandem Axle-Chassis/Box/Plow-mount $210,000 $210,000 $215,000 $215,000 $215,000 $215,000 Sander $38,000 $38,000 $40,000 $43,000 Single Axle Water Truck $100,000 Payloader $200,000 $210,000 $220,000 $230,000 Reversible snow plow - Payloader $28,000 Wing attachment - Payloader $45,000 Grapple Bucket - Payloader $25,000 Motorgrader $320,000 $325,000 $340,000 Side Dump Trailer $55,000 Street Sweeper $210,000 $210,000 Asphalt Reclamation Machine $32,000 Sign Truck- Traffic Safety $170,000 Thermoplastic Equipment (grinder heads)$30,000 $65,000 Snowblower $150,000 $150,000 Steel face roller $30,000 Rubber tire roller $110,000 Skidsteer with accessories $80,000 $100,000 Vehicles and Equipment Total $531,000 $375,000 $591,000 $425,000 $670,000 $537,000 $280,000 $370,000 $470,000 $941,000 Street Facility Interior Lighting to LED West shop - replace radiant tube heater $29,850 West shop - Paint exterior $25,000 Fire sprinkler system - 25% replace/repair $45,000 HVAC Sensor controls - replace as needed $25,000 Total Facility $0 $0 $25,000 $0 $0 $29,850 $0 $70,000 $0 $0 Airport Airport Improvements (painting/chip seal parking lot)$55,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 Construct Parallel Taxiway to 35 End (City) $91,000 Snow Blower for John Deere Loader Replace 2005 White Pickup $32,000 SRE Equipment (City)$55,250 Replace Tractor Mower Deck (Purchased in 2006)$30,000 Pavement Maintenance 12/30 (Seal/Paint) (City)$29,900 ARRF - budget to repair concrete in garage $36,900 ARRF - budget to repair stone fascia as needed $40,000 10-Year Capital Improvement Plan5-Year Capital Improvement Plan Streets, Engineering, Community Development, and Airport Capital Improvement Plan ARRF - budget to repair/replace exterior vinyl $148,000 ARRF - reshingle roof $45,000 ARRF - interior/exterior lighting to LED ARRF - replace generator $61,255 Storage Shed - replace all exterior doors and frames $25,000 Storage Shed - budget for concrete floor replacement $41,250 Storage Shed - budget for metal roof replacement $33,000 Terminal Building - interior/exterior lighting to LED Terminal Building - repair/replace roof $37,350 Airport Total $114,900 $162,250 $141,000 $50,000 $124,250 $50,000 $319,900 $87,350 $111,255 $50,000 Sidewalk and Curb Maintenance (ADA) Railroad Crossing Improvements $20,000 $20,000 Valley View Park: sidewalk along City park $20,000 Curb replacement throughout the City $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 ADA Standard Ramps - 3rd Street and 4th Street $300,000 ADA Standard Ramps - 8th Street: Main-Medary and Misc. $200,000 ADA Standard Ramps - transition plan for City $200,000 $200,000 $200,000 $200,000 $200,000 $200,000 $200,000 $200,000 Total Sidewalk and Curb Maintenance (ADA)$320,000 $260,000 $220,000 $220,000 $240,000 $220,000 $220,000 $220,000 $220,000 $220,000 Street Overlay/Chip Seal Chip Sealing / 7-year rotation $317,000 $320,000 $323,000 $325,000 $327,000 $329,000 $330,000 $331,000 $332,000 $333,000 Bike Trail Maintenance $20,000 $75,000 $20,000 $75,000 $20,000 $75,000 $20,000 $75,000 $20,000 $20,000 Bike MP Implementation $48,600 $0 $55,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 Street Improvements (City Funds)$1,965,000 $1,791,875 $1,950,000 $1,900,000 $1,900,000 $1,900,000 $1,900,000 $1,900,000 $1,900,000 $1,900,000 Larson Park Entrance Road and Parking Lot $175,000 Western Ave S and N 20th to 26th (SA*)$150,000 $100,000 $35,000 $30,000 $30,000 16th Avenue (Summit Pass to 8th Street South)$1,200,000 Total Street Overlay/Chip Seal $2,525,600 $2,186,875 $2,348,000 $2,470,000 $2,367,000 $2,359,000 $2,300,000 $3,556,000 $2,272,000 $2,273,000 22nd Ave Project (STP) Street Improvements (City Funds - 22nd Ave)$267,216 $550,840 Street Improvements (Grant Urban Funds-22nd Ave)$0 $100,000 $3,032,784 $0 $0 $100,000 $2,949,160 22nd Ave Project (STP) Total $0 $100,000 $3,300,000 $0 $0 $100,000 $3,500,000 $0 $0 $0 Total Capital Outlay $3,491,500 $3,084,125 $6,625,000 $3,165,000 $3,401,250 $3,295,850 $6,619,900 $4,303,350 $3,073,255 $3,484,000 Project Description 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Building and Structures Ballroom Expansion Dressing/Green Room/Locker Kitchen/storage/receiving dock Rigging Grid Expansion $100,000 ENTRANCE REMODEL Concrete Polish-Lobby/Halls $17,360 $11,200 $30,000 PARKING LOTS $500,000 East Parking Lot Asphalt Exterior Secure Storage $60,000 Northeast Service Driveway $100,000 RV Lot Expansion & Updates $30,000 Service Area Between Buildings $100,000 South Parking Lot - A&B $160,000 $200,000 Swiftel Center Access Drive $80,000 MISCELLANEOUS Concourse Patio $50,000 Total Buildings & Structures $117,360 $301,200 $280,000 $50,000 $0 $90,000 $100,000 $0 $0 $500,000 Equipment A/V Equipment $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 Arena Sound System $170,000 Arena Video Screen $31,500 $31,500 $31,500 $31,500 $31,500 $31,500 Banquet Chairs $31,800 $75,000 $75,000 Broom/mower/Blade $9,500 CCTV - Replacement & Expand $32,000 $20,000 PC & Technology Upgrades $7,500 $3,500 $7,500 $3,500 $7,500 $3,500 $7,500 $5,000 $5,000 $5,000 Dance Floor $35,000 Digital Displays Indoor $6,000 $15,000 Fire Alarm System $180,217 Food & Beverage Equipment $15,000 $15,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 Forklift $32,000 Outdoor Marquees/Signs $22,700 $22,700 $22,700 $22,700 $22,700 Portable Radios Power Distribution $5,000 $5,000 $7,500 Retractable Risers $131,571 $131,571 $131,571 $131,571 $131,571 Scrubbers $60,000 $30,000 Spotlights $20,000 Tables $15,000 $15,000 $10,000 $5,000 $5,000 $10,000 $10,000 $10,000 $10,000 $10,000 Tents - Frame $7,500 Tractor $50,000 Trade Show Equipment $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 Trash Receptacles $5,000 $5,000 $5,000 $5,000 Website $20,000 Wireless Infrastructure $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 Swiftel Center Capital Improvement Plan 10-Year Capital Improvement Plan 5-Year Capital Improvement Plan Total Equipment $335,271 $540,571 $267,771 $225,271 $218,271 $300,217 $72,500 $110,000 $110,000 $62,500 Maintenance Doors $9,261 $60,500 Elevator Parking Lot Crack Sealing $5,000 $5,000 $5,000 Restroom Partitions/Upgrades $47,700 $68,900 $53,000 $47,700 Total Maintenance $5,000 $56,961 $68,900 $53,000 $52,700 $0 $0 $0 $5,000 $60,500 Facility Lobby B entrance - replace cabinet unit heater $9,150 Interior Lighting - Fluorescent to LED Interior Lighting - HID to LED Exterior Lighting - HID to LED Ticket office - replace fan coil unit $6,550 Exterior - 50% replace/repair doors $52,000 Replace - HU-1 and HU-2 (heating and cooling)$500,000 Mechanical Mezzanine - replace water heater $10,500 Mechanical Mezzanine - replace VFD $6,938 Roof - Replace RTU's $934,875 Roof - Replace MUA-2 $40,950 Replace security cameras $18,000 Roof - repair/maintain budget $88,000 Mechanical Mezzanine - replace water heater $9,550 HVAC replace sensors/controls as needed $25,000 Replace Chillers $352,730 Vestibule/Employee Entrance - unit heaters $3,800 Storage - replace furnace $10,900 Storage - replace unit heaters $8,500 Replace exterior windows $195,000 Storage - Water heater $8,000 Janitors closet 200 - water heater $10,500 Total Facility $9,150 $0 $6,550 $52,000 $1,493,263 $122,550 $393,930 $195,000 $8,000 $10,500 Total Capital Outlay 466,781$ 898,732$ 623,221$ 380,271$ 1,764,234$ 512,767$ 566,430$ 305,000$ 123,000$ 633,500$ Project Description 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 CITCO Facility Projects Veneer Replacement $50,000 Terazzo/Concrete floor resealing $53,750 35% Carpet Replacement - Heavily worn areas $37,350 70% Acoustical Tile Replacement - Offices $65,100 30% Interior Painting - Offices and Basement Stairwell $28,675 25% Exterior Window Replacement $72,900 Exterior Perimeter Brick/Precast/EIPS Repairs $114,150 Restroom Plumbing Sinks and Fixture Replacements $65,000 HVAC Sensor/Equipment Controls Replacement as needed $18,250 70% Interior Painting - Offices $41,000 Mechanical VFD Replacements $95,350 Fire Detection and Alarm System Replacement/Upgrade $164,000 Security Camera Replacement $80,250 Circulating Pumps - All remaining pumps $138,400 Total CITCO Facility $50,000 $0 $0 $455,175 $0 $41,000 $0 $95,350 $244,250 $138,400 Total City Portion (48%)$24,000 $0 $0 $218,484 $0 $19,680 $0 $45,768 $117,240 $66,432 Information Technology (IT) IT - Office Software Upgrade (150 Licenses)$45,000 Total IT $0 $45,000 $0 $0 $0 $0 $0 $0 $0 $0 5-Year Capital Improvement Plan 10-Year Capital Improvement Plan IT and Facilities Capital Improvement Plan City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2021 Proposed Fee % Change Airport Land Lease Per Square Foot For Private/Collegiate Hangars 19-075 Sec. 18-42 $0.13 $0.13 0% For Commercial Hangars 19-075 Sec. 18-42 $0.17 $0.17 0% Late Fee Payment (After 30 Days)19-075 Sec. 18-42 3% of lease 3% of lease Fuel Flowage Per Gallon FBO 19-075 Sec. 18-42 $0.06 $0.06 0% Per Gallon Others 19-075 Sec. 18-42 $0.06 $0.06 0% Late Payment (after the 12th day of the month)$0.00 3% of net gallons New fee Crop Land Lease 19-075 Sec. 18-42 Based on Bid Based on Bid Tie Down Fee Per Day for Tie Down 3 Days or Longer (Collected by FBO with a 10% Collection Fee)Sec. 18-42 $25.00 $25.00 New fee Hangar Application Fee 19-075 Sec. 18-42 $25.00 $25.00 0% Callout/After Hour Fee (Per Hour/1 Hour Minimum) 19-075 Sec. 18-42 $50.00 $50.00 0% ARFF Fee 19-075 Sec. 18-42 $100.00 $100.00 0% Landing Fees by Pounds (Based on Aircraft Size, collected by FBO with a 0% Collection Fee) Light/Mid Jet (max takeoff weight above 12,500 lbs)19-075 Sec. 18-42 $100.00 $20.00 -80% Supermid/Heavy Jet 19-075 Sec. 18-42 $150.00 $40.00 -73% Commercial Use and Operating Permit (Airport Manager Waiver)19-075 Sec. 18-42 $250.00 $250.00 0% Labor Rates (Per Hour/1 Hour Minimum) With Equipment 19-075 Sec. 18-42 $75.00 $75.00 0% Without Equipment 19-075 Sec. 18-42 $50.00 $50.00 0% Escort Fee 19-075 Sec. 18-42 $20.00 $20.00 0% Self Fueling Permit Sec. 18-42 $0.00 $100.00 New fee Gate Card 19-075 Sec. 18-42 $10.00 $10.00 0% Late Fee Payment (After 30 Days)Sec. 18-42 $0.00 3% of amount due New fee Security/Safety Violation Fees (Improper Gate Operations, Parking, and Movement Area)19-075 Sec. 18-42 $45.00 $45.00 0% City Clerk Circuses/Carnivals Each Circus Per Day 19-075 Sec. 26-35 $75.00 $75.00 0% Each Carnival or similar exhibition, per day 19-075 Sec. 26-35 $25.00 $25.00 0% Commercial Garbage Haulers License 19-075 Sec. 26-35 $50.00 $50.00 0% Each annual renewal 19-075 Sec. 26-35 $25.00 $25.00 0% House Movers (Per Year)19-075 Sec. 26-35 $50.00 $50.00 0% Pawnbrokers (Per Year)19-075 Sec. 26-35 $50.00 $50.00 0% Plumbing Contractor License 19-075 Sec. 26-35 $50.00 $50.00 0% Each annual renewal 19-075 Sec. 26-35 $25.00 $25.00 0% Vehicles for Hire First vehicle for hire per year 19-075 Sec. 26-35 $25.00 $25.00 0% Each additional vehicle operated by the same person per year 19-075 Sec. 26-35 $10.00 $10.00 0% Transient Merchants (Per Month)19-075 Sec. 26-345 $100.00 $100.00 0% DVD or CD (Per Disk)19-075 Sec. 3-03 $5.00 $5.00 0% Transportation Network Company License 19-075 Sec. 26-282 $250.00 $250.00 0% License - New Drivers 19-075 Sec. 26-282 $25.00 $25.00 0% Per Year 19-075 Sec. 26-282 $15.00 $15.00 0% Food Truck (Per Year)19-075 Sec. 26-424 $75.00 $75.00 0% Temporary Merchant - General (Per Year)19-075 Sec. 26-384 $50.00 $50.00 0% Temporary Merchant - Food Cart (Per Year)19-075 Sec. 26-384 $75.00 $75.00 0% Public Records Request - Staff Time (Per Hour)19-075 Sec. 3-03 $25.00 $25.00 0% Cost for Copies Letter or Legal Size (Per Page)19-075 Sec. 3-03 $0.25 $0.25 0% 11" x 17" (Per Page)19-075 Sec. 3-03 $0.50 $0.50 0% Code Enforcement Code Enforcement Investigation (Per Hour/1 Hour Minimum)19-075 $45.00 $45.00 0% Rental Dwelling License Inspection Fees (Per Structure) First and Second Inspection 19-075 Sec. 22-405 $0.00 $0.00 Third and Subsequent Inspections 19-075 Sec. 22-405 $50.00 $50.00 0% Collection/Landfill Residential Rate (Monthly Plus Sales Tax)19-075 Sec. 70-73 $18.00 $18.00 0% Additional Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $4.00 $4.00 0% Yard Waste - Special Bag (Per Bag)19-075 Sec. 70-73 $0.95 $0.00 -100% Commercial Charges - Five (5) Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $35.00 $35.00 0% Additional Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $4.00 $4.00 0% Dumpster Charges - Twice Per Week Pick Up (Monthly Plus Sales Tax) 1.5 Cubic Yard Container 19-075 Sec. 70-73 $90.00 $90.00 0% Two (2) Cubic Yard Container 19-075 Sec. 70-73 $115.00 $115.00 0% Three (3) Cubic Yard Container 19-075 Sec. 70-73 $140.00 $140.00 0% Four (4) Cubic Yard Container 19-075 Sec. 70-73 $165.00 $165.00 0% Five (5) Cubic Yard Container 19-075 Sec. 70-73 $190.00 $190.00 0% Six (6) Cubic Yard Container 19-075 Sec. 70-73 $217.00 $217.00 0% Seven (7) Cubic Yard Container 19-075 Sec. 70-73 $243.00 $243.00 0% Eight (8) Cubic Yard Container 19-075 Sec. 70-73 $268.00 $268.00 0% Dumpster Charges - Additional Pick Up 1.5 Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $29.00 $29.00 0% Two (2) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $35.00 $35.00 0% Three (3) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $47.00 $47.00 0% Four (4) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $58.00 $58.00 0% 240 Pound Material Minimum (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $5.00 $5.00 0% Commercial (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% Compost/Leaves/Grass (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% Demolition (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% Domestic (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% Industrial (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% Metal (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% Asbestos (Region Only) (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% Service Area Fee 19-075 Sec. 70-203 $9.50 $9.50 0% Uncovered Load Fee 19-075 Sec. 70-203 $10.00 $10.00 0% 500 Pound Material Minimum (Plus Sales Tax)19-075 Sec. 70-203 $5.00 $5.00 0% Fill (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 $21.00 0% Lumber (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 $21.00 0% Roofing and Siding (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 $21.00 0% Concrete (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 $21.00 0% Trees (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 $21.00 0% Contaminated Soil (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $15.00 $15.00 0% Asbestos (Accepted in Region Only) (Per Bag Plus Sales Tax)19-075 Sec. 70-203 $7.50 $7.50 0% Refrigerators/Air Conditioners 19-075 Sec. 70-203 $12.00 $12.00 0% Mobile Homes 19-075 Sec. 70-203 $250.00 $250.00 0% Tires ATV 19-075 Sec. 70-203 $2.00 $2.00 0% Car 19-075 Sec. 70-203 $4.00 $4.00 0% Pickup 19-075 Sec. 70-203 $6.00 $6.00 0% Tire on Rim 19-075 Sec. 70-203 $8.00 $8.00 0% Truck 19-075 Sec. 70-203 $13.00 $13.00 0% Tractor 19-075 Sec. 70-203 $35.00 $35.00 0% Electric Vehicle Charging Station Rates Hourly Rate for First Three (3) Hours 20-045 $1.00 $1.00 0% Hourly Rate for Over Three (3) Hours 20-045 $2.00 $2.00 0% City of Brookings and Brookings County Use 20-045 Exempt Exempt Engineering - Residential Building Permit Fees The base valuation to determine permit fees for residential buildings and additions are based on a dollar per square foot schedule per the following. The bid price must be quoted for renovations or remodels. Dwellings - Single-family dwellings, duplexes, townhouses Finished Habitable Space Per Square Foot 19-075 Sec. 22-35 $70.00 $85.00 21% Finished Basements Per Square Foot 19-075 Sec. 22-35 $30.00 $40.00 33% Unfinished Space (Basement and Upper Levels) Per Square Foot 19-075 Sec. 22-35 $18.00 $25.00 39% Attached Garages Per Square Foot 19-075 Sec. 22-35 $20.00 $25.00 25% Detached Garages Per Square Foot 19-075 Sec. 22-35 $18.00 $20.00 11% Building Permit Fee Schedule Group R-3 and U Occupancies Only Total Valuation $1.00 to 1,200.00 19-075 Sec. 22-35 $20.00 $20.00 0% $1,200.01 to 2,000.00 19-075 Sec. 22-35 $10 for the first $500.00 plus $1.50 for each additional $100.00 or fraction thereof, to and including $2,000, for valuation in excess of $1,100.00 $10 for the first $500.00 plus $1.50 for each additional $100.00 or fraction thereof, to and including $2,000, for valuation in excess of $1,100.00 0% $2,000.01 to $25,000.00 19-075 Sec. 22-35 $32.50 for the first $2,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $32.50 for the first $2,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. 0% $25,000.01 to 50,000.00 19-075 Sec. 22-35 $170.50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $170.50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. 0% $50,000.01 to 100,000.00 19-075 Sec. 22-35 $283.00 for the first $50,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. $283.00 for the first $50,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. 0% $100,000.01 and Up 19-075 Sec. 22-35 $433.00 for the first $100,000.00 plus $2.50 for each additional $1,000.00 or fraction thereof $433.00 for the first $100,000.00 plus $2.50 for each additional $1,000.00 or fraction thereof 0% Commercial Building Permit Fees The value to be used in computing the building permit fee for all commercial construction, remodeling, renovation, and repairs shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air- conditioning, elevators, fire extinguishing system, and other permanent equipment exclusive of site improvements and parking lot costs. 19-075 Sec. 22-35 0% Total Valuation 19-075 Sec. 22-35 $100,000.01 to 500,000.00 19-075 Sec. 22-35 $639.50 for the first $100,000 plus $3.50 for each additional $1,000 or fraction thereof, to and including $500,000.00 $639.50 for the first $100,000 plus $3.50 for each additional $1,000 or fraction thereof, to and including $500,000.00 0% $500,000.01 to 1,000,000.00 19-075 Sec. 22-35 $2,039.50 for the first $500,000 plus $3.00 for each additional $1,000 or fraction thereof, to and including $1,000,000.00 $2,039.50 for the first $500,000 plus $3.00 for each additional $1,000 or fraction thereof, to and including $1,000,000.00 0% $1,000,000.00 and Up 19-075 Sec. 22-35 $3,539.50 for the first $1,000,000 plus $2.00 for each additional $1,000 or fraction thereof. $3,539.50 for the first $1,000,000 plus $2.00 for each additional $1,000 or fraction thereof.0% Other Inspection Fees Inspection: sidewalks & curb ramps Sec. 22-35 $0.00 $25.00 New Fee Inspections outside normal business hours per hour (minimum charge of one hour)19-075 Sec. 22-35 $50.00 $50.00 0% Inspection for which no fee is specifically indicated per hour (minimum charge of 1/2 hour)19-075 Sec. 22-35 $50.00 $50.00 0% Re-inspection fees assessed under provisions of Section R108 IRC and 108 IBC per hour 19-075 Sec. 22-35 $50.00 $50.00 0% One-story detached accessory structure with floor area less than or equal to 200 Sq. Ft.19-075 Sec. 22-35 $25.00 $30.00 20% Driveway, demolition, and other minor construction per permit 19-075 Sec. 22-35 $25.00 $30.00 20% Roofing, Siding and Windows: Group R-2 and R-3 Uses and Group U Uses accessory to R-2 and R- 3 Uses 19-075 Sec. 22-35 $25.00 $30.00 20% Moving Fee: Dwelling originally constructed on-site and previously occupied 19-075 Sec. 22-35 $200.00 $200.00 0% Moving Fee: Dwelling originally constructed on-site to be moved out of City Limits 19-075 Sec. 22-35 $50.00 $50.00 0% Moving Fee: Accessory building, mobile home, modular home, manufactured home 19-075 Sec. 22-35 $50.00 $50.00 0% Residential Contractor's License Annual Fee 19-075 Sec. 22-35 $75.00 $75.00 0% Work commencing before permit issuance: The minimum investigation fee shall be equal to the amount of the permit fee required by code.19-075 Sec. 22-35 0% Fire Fire Protection System Fees Fire Sprinkler Systems 19-075 Sec. 34-81 $75.00 plus $.45 per sprinkler head $75.00 plus $.45 per sprinkler head Retrofitted Fire Sprinkler Systems 19-075 Sec. 34-81 $75.00 plus $.45 per sprinkler head $75.00 plus $.45 per sprinkler head Kitchen Hood Extinguishing Systems 19-075 Sec. 34-81 $90.00 $90.00 0% Kitchen Hood Extinguishing Systems Modification 19-075 Sec. 34-81 $45.00 $45.00 0% Clean Agent or Other Total Flooding System (Per Square Foot)19-075 Sec. 34-81 $0.20 $0.20 0% Fire Alarm Systems 19-075 Sec. 34-81 $75.00 plus $.45 per each ignition and signaling device $75.00 plus $.45 per each ignition and signaling device Fire Alarm System Modifications 19-075 Sec. 34-81 $37.50 plus $.45 per each ignition and signaling device $37.50 plus $.45 per each ignition and signaling device False Alarm Fire Calls When Trucks Roll First Call 19-075 $0.00 $0.00 Second Call 19-075 $50.00 $50.00 0% Third Call 19-075 $100.00 $100.00 0% Flammable and Combustible Liquid Fees Flammable and Combustible Liquids 19-075 Sec. 34-81 $90.00 $90.00 0% Flammable and Combustible Liquid Modifications 19-075 Sec. 34-81 $45.00 $45.00 0% Site Plan Review Site Plan Review Per Hour (1 HR Minimum)19-075 Sec. 34-81 $45.00 $45.00 0% Inspections Outside of Normal Business Hours Per Hour (2 HR Minimum 19-075 Sec. 34-81 $45.00 $45.00 0% Re-Inspection Per Hour (1 HR Minimum)19-075 Sec. 34-81 $45.00 $45.00 0% Fire Incident Reports 19-075 Sec. 3-03 $10.00 $10.00 0% Industrial Land Crop Land Lease 19-075 Based on Bid Library Out of County Library Card Per Individual 19-075 Sec. 54-32 $35.00 $35.00 0% Per Family 19-075 Sec. 54-32 $45.00 $45.00 0% Fax (Sent or Received Per Page)19-075 Sec. 54-32 $2.25 $2.25 0% Fines (Per Day Books)19-075 Sec. 54-32 $0.10 $0.10 0% Fines (Per Day DVDs/VHS)19-075 Sec. 54-32 $1.00 $1.00 0% Process Fee (Lost Material Per Item)19-075 Sec. 54-32 $5.00 $5.00 0% Parks, Recreation, and Forestry Weed Control (Plus Contractor Cost)19-075 Sec. 62-89 $65.00 $65.00 0% Mowing (First Hour)19-075 Sec. 62-89 $150.00 $150.00 0% Each Additional Hour or Fraction 19-075 Sec. 62-89 $85.00 $85.00 0% Each Additional Hour Large Area 19-075 Sec. 62-89 $125.00 $125.00 0% Sidewalk Snow Removal (First Offense) Per Hour Per Piece of Equipment/1 Hour Minimum 19-075 Sec. 74-213 $125.00 $125.00 0% Sidewalk Snow Removal (Second Offense) Per Hour Per Piece of Equipment/1 Hour Minimum 19-075 Sec. 74-213 $175.00 $175.00 0% DED Removal/BMU Line Clearance 19-075 Sec. 62-170 Aerial Bucket Plus Employee Wage 19-075 Sec. 62-170 $160.00 $160.00 0% Loader Plus Employee Wage 19-075 Sec. 62-170 $130.00 $130.00 0% Trucks Plus Employee Wage 19-075 Sec. 62-170 $90.00 $90.00 0% Chipper Plus Employee Wage 19-075 Sec. 62-170 $90.00 $90.00 0% Chainsaw/Miscellaneous Equipment Plus Employee Wage 19-075 Sec. 62-170 $70.00 $70.00 0% Equipment Rental Rates Picnic Table Rental (Per Day)19-075 Sec. 62-45 $25.00 $25.00 0% Three (3) Row Bleacher Rental (Per Day) 19-075 Sec. 62-45 $50.00 $50.00 0% Ball Field Rental Rates Type I - No Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $25.00 $25.00 0% Type II - With One (1) Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $75.00 $75.00 0% Type II - Per Additional Day Time Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $35.00 $35.00 0% Type II - Per Additional Night Time Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $65.00 $65.00 0% Fishback Soccer Park Rental Rates Type I - No Lining (Per Hour)19-075 Sec. 62-45 $25.00 $25.00 0% Type II - One Lining Per Field (First Hour)19-075 Sec. 62-45 $100.00 $100.00 0% Type II - Each Additional Field Hour 19-075 Sec. 62-45 $25.00 $25.00 0% Type II - Additional Field Lining 19-075 Sec. 62-45 $120.00 $120.00 0% Hillcrest Aquatics Center Season Pass Individual 19-075 Sec. 62-45 $60.00 $60.00 0% Family of Three (3)19-075 Sec. 62-45 $150.00 $150.00 0% Additional Family 19-075 Sec. 62-45 $25.00 $25.00 0% Daily Admission 19-075 Sec. 62-45 $6.00 $6.00 0% Discount Cards 19-075 Sec. 62-45 $54.00 $54.00 0% Larson Ice Center Rental Rate (Per Hour)19-075 Sec. 62-45 $140.00 $140.00 0% Non groomed ice 19-075 Sec. 62-45 $100.00 $100.00 0% Dryland training 19-075 Sec. 62-45 $60.00 $60.00 0% Daily Admission 19-075 Sec. 62-45 $4.00 $5.00 25% Punch Card 19-075 Sec. 62-45 $25.00 $25.00 0% Skate/Helmet Rental 19-075 Sec. 62-45 $3.00 $5.00 67% Adult Hockey 19-075 Sec. 62-45 $10.00 $10.00 0% Adult Leagues Sand Volleyball League 19-075 Sec. 62-45 $60.00 $60.00 0% Adult Kickball League 19-075 Sec. 62-45 $60.00 $60.00 0% Fall Women's Volleyball 19-075 Sec. 62-45 $165.00 $165.00 0% Winter Women's Volleyball 19-075 Sec. 62-45 $165.00 $165.00 0% Both Volleyball Sessions 19-075 Sec. 62-45 $305.00 $305.00 0% Coed Volleyball 19-075 Sec. 62-45 $205.00 $205.00 0% Basketball 19-075 Sec. 62-45 $205.00 $205.00 0% Reservations Community Gardens (Per Season)19-075 Sec. 62-45 $30.00 $30.00 0% 5th Street Court Rentals (Per 1.5 Hours)19-075 Sec. 62-45 $20.00 $20.00 0% Picnic Shelter Reservations Small Hall Day (Hillcrest B, C, Pioneer)19-075 Sec. 62-45 $15.00 $15.00 0% Small Day (Hillcrest, B, C, Pioneer)19-075 Sec. 62-45 $25.00 $25.00 0% Large Half Day (Hillcrest A, E)19-075 Sec. 62-45 $20.00 $20.00 0% Large Day (Hillcrest A, E)19-075 Sec. 62-45 $30.00 $30.00 0% Larson Nature Center Nature Center Grounds (Per Day)* with building rental only 19-075 Sec. 62-45 $200.00 $200.00 0% Classroom (Per Hour)19-075 Sec. 62-45 $50.00 $50.00 0% Sunroom/Porch (Per Hour)19-075 Sec. 62-45 $50.00 $50.00 0% Building (Per Hour)19-075 Sec. 62-45 $100.00 $100.00 0% Equipment Rental (Per Hour) - Kayaks, Bikes, Paddleboards)19-075 Sec. 62-45 $5.00 $7.00 40% Camping Camp Site with Electricity 19-075 Sec. 62-45 $25.00 $25.00 0% Tent Camping Area - No Electricity 19-075 Sec. 62-45 $10.00 $10.00 0% Recreation Programs Red Cross Lessons - Early Bird 19-075 Sec. 62-45 $35.00 $35.00 0% Wee Waders - Early Bird 19-075 Sec. 62-45 $35.00 $35.00 0% Junior Lifeguarding - Early Bird 19-075 Sec. 62-45 $40.00 $40.00 0% Aqua Aerobics - Early Bird 19-075 Sec. 62-45 $25.00 $25.00 0% Junior Tennis Academy - Early Bird 19-075 Sec. 62-45 $33.00 $33.00 0% Adult Tennis Lessons - Early Bird 19-075 Sec. 62-45 $45.00 $45.00 0% Tee Ball - Early Bird 19-075 Sec. 62-45 $35.00 $35.00 0% Kickstart Soccer - Early Bird 19-075 Sec. 62-45 $27.00 $27.00 0% Fishin' Fridays - Early Bird 19-075 Sec. 62-45 $19.00 $19.00 0% Kayaking Class - Early Bird 19-075 Sec. 62-45 $24.00 $24.00 0% Learn to Skate 30 minutes - Early Bird 19-075 Sec. 62-45 $30.00 $30.00 0% 45 Minutes - Early Bird 19-075 Sec. 62-45 $40.00 $40.00 0% 60 Minutes - Early Bird 19-075 Sec. 62-45 $50.00 $50.00 0% Red Cross Lessons 19-075 Sec. 62-45 $41.00 $41.00 0% Wee Waders 19-075 Sec. 62-45 $41.00 $41.00 0% Junior Lifeguarding 19-075 Sec. 62-45 $46.00 $46.00 0% Aqua Aerobics 19-075 Sec. 62-45 $31.00 $31.00 0% First Tee Golf Program 19-075 Sec. 62-45 $95.00 $95.00 0% Little Duffers 19-075 Sec. 62-45 $40.00 $40.00 0% Adult Golf Lessons 19-075 Sec. 62-45 $40.00 $40.00 0% Junior Tennis Academy 19-075 Sec. 62-45 $40.00 $40.00 0% Adult Tennis Lessons 19-075 Sec. 62-45 $60.00 $60.00 0% Tee Ball 19-075 Sec. 62-45 $50.00 $50.00 0% Kickstart Soccer 19-075 Sec. 62-45 $35.00 $35.00 0% Fishin' Fridays 19-075 Sec. 62-45 $24.00 $24.00 0% Kayaking Class 19-075 Sec. 62-45 $30.00 $30.00 0% Learn to Skate 30 minutes 19-075 Sec. 62-45 $40.00 $40.00 0% 45 Minutes 19-075 Sec. 62-45 $50.00 $50.00 0% 60 Minutes 19-075 Sec. 62-45 $60.00 $60.00 0% Planning and Zoning Change of Zone 19-075 Sec. 66-29 $250.00 $250.00 0% Planned Development District 19-075 Sec. 66-29 $250.00 $250.00 0% Final Development Plan 19-075 Sec. 66-29 $100.00 $100.00 0% Initial Development Plan Amendment 19-075 Sec. 66-29 $250.00 $250.00 0% Final Development Plan Amendment 19-075 Sec. 66-29 $100.00 $100.00 0% Board of Adjustment 19-075 Sec. 94-42 $150.00 $150.00 0% Preliminary Plats plus $1.00/lot over 20 lots or $1.00/acre over 1 acre 19-075 Sec. 66-29 $200.00 $200.00 0% Final Plats 19-075 Sec. 66-29 $160.00 $160.00 0% Vacation 19-075 Sec. 66-29 $150.00 $150.00 0% I-1R Site Plan 19-075 Sec. 66-29 $150.00 $150.00 0% Conditional Use 19-075 Sec. 66-29 $250.00 $250.00 0% Annexation 19-075 $150.00 $150.00 0% Zoning & Use Registration Permit 19-075 Sec. 66-29 $60.00 $75.00 25% Rental License - per structure plus $2.00 for each dwelling unit 19-075 Sec. 22-405 $20.00 $20.00 0% Tax Increment Financing Application 19-075 $1,000.00 $1,000.00 0% Permanent Signs Square Feet From 0 to less than 30 19-075 Sec. 94-467 $30.00 $30.00 0% From 30 to less than 60 19-075 Sec. 94-467 $35.00 $35.00 0% From 60 to less than 90 19-075 Sec. 94-467 $40.00 $40.00 0% From 90 to less than 120 19-075 Sec. 94-467 $45.00 $45.00 0% From 120 to less than 150 19-075 Sec. 94-467 $50.00 $50.00 0% From 150 to less than 180 19-075 Sec. 94-467 $55.00 $55.00 0% From 180 to less than 210 19-075 Sec. 94-467 $60.00 $60.00 0% From 210 to less than 240 19-075 Sec. 94-467 $65.00 $65.00 0% From 240 to less than 270 19-075 Sec. 94-467 $70.00 $70.00 0% From 270 to less than 300 19-075 Sec. 94-467 $75.00 $75.00 0% From 300 to less than 330 19-075 Sec. 94-467 $80.00 $80.00 0% From 330 to less than 360 19-075 Sec. 94-467 $85.00 $85.00 0% From 360 to less than 390 19-075 Sec. 94-467 $90.00 $90.00 0% From 390 to less than 420 19-075 Sec. 94-467 $95.00 $95.00 0% From 420 to less than 450 19-075 Sec. 94-467 $100.00 $100.00 0% From 450 to less than 480 19-075 Sec. 94-467 $105.00 $105.00 0% From 480 to less than 510 19-075 Sec. 94-467 $110.00 $110.00 0% From 510 to less than 540 19-075 Sec. 94-467 $115.00 $115.00 0% From 540 or more 19-075 Sec. 94-467 $120.00 $120.00 0% Non- Permanent Signs 19-075 Sec. 94-467 $20.00 $20.00 0% Portable Signs Per Week 19-075 Sec. 94-467 $20.00 $20.00 0% 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 $50.00 0% Banner Signs 19-075 Sec. 94-467 Exempt Parking in Municipal Lots Permitted Parking in Municipal Parking Lots Six-Month Permit 19-075 Sec. 82-525 $100.00 $100.00 0% Annual Permit 19-075 Sec. 82-525 $180.00 $180.00 0% Police Department Moving of Structure Per Unit (Officer and Patrol Car) - 2 HR Minimum Per Unit 19-075 Sec. 22-223 $50.00 $50.00 0% Contract Police Officer Security Per Officer, Per Hour $45.00 $50.00 Accident Reports Per Report 19-075 Sec. 3-03 $5.00 $5.00 0% Pictures (Each)19-075 Sec. 3-03 $4.00 $4.00 0% Storm Drainage Unit Financial Charge 19-075 Sec. 72-20 0.000625 0.000625 0% Street Department Sign Repairs (Traffic Accidents and Vandalism)19-075 Replacement Cost, Labor, Sales Tax, and Excise Tax Replacement Cost, Labor, Sales Tax, and Excise Tax Street Repairs 19-075 Material Replacement Cost Material Replacement Cost The base valuation to determine permit fees for residential buildings and additions are based on a dollar per square foot schedule per the following. The bid price must be quoted for renovations or remodels. 19-075 City of Brookings Fines and Violations Schedule Resolution City Code Section Offense Fine Costs Total Fine Costs Total % Change Article 1 In General 19-075 14-2 Unwanted animals (per head acceptance fee)$20.00 $0.00 $20.00 $20.00 $0.00 $20.00 0% 19-075 14-3 Disturbance of Peace $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 14-4 Animals on school grounds, property or recreation areas $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 14-6 Number of pets limited $25.00 $62.50 $87.50 $25.00 $72.50 $97.50 11% 19-075 14-7 Unattended animals in standing vehicles $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 14-8 Stray, abandoned or unkempt animals $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 14-9 Public nuisance $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% Article 2 Cruelty to Animals and Related Charges 19-075 14-41 Cruelty to animals - generally $125.00 $62.50 $187.50 $125.00 $72.50 $197.50 5% 19-075 14-42 Teasing, baiting, or harassing animals $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 14-43 Humane care of animals $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 14-44 Poisoning of animals $125.00 $62.50 $187.50 $125.00 $72.50 $197.50 5% 19-075 14-45 Instigating or allowing fights between animals $250.00 $62.50 $312.50 $250.00 $72.50 $322.50 3% 19-075 14-47 Restraint of animal in vehicle $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% Article 3 Domestic Animals (Dogs and Cats Excepted) 19-075 14-81 Proximity of livestock to dwellings $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 14-82 Proximity of fowl to dwellings $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 14-83 Swine (per head)$30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 14-84 Sanitary condition required $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 14-85 Keeping of Bees - prohibited $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 14-86 Pigeons $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 14-87 Livestock running at large (per head)$30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 14-88 Fowl at large (per head)$30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 14-89 Picketing $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 14-90 Keeping of game birds prohibited $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% Article 4 Division 1 Dogs and Cats - Generally 19-075 14-121 Dogs running at large 19-075 1st unlicensed $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 1st licensed $15.00 $62.50 $77.50 $15.00 $72.50 $87.50 13% 19-075 2nd offense $40.00 $62.50 $102.50 $40.00 $72.50 $112.50 10% 19-075 3rd and subsequent offenses $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 14-122 Impoundment of dogs (per impoundment)$25.00 $62.50 $87.50 $25.00 $72.50 $97.50 11% 19-075 14-123 Disturbing of the peace $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 14-125 Defecation disposal $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 14-126 Vicious or biting dog 19-075 1st offense $125.00 $62.50 $187.50 $125.00 $72.50 $197.50 5% 19-075 2nd offense $250.00 $62.50 $312.50 $250.00 $72.50 $322.50 3% 19-075 3rd offense (fine and animal forfeited)$250.00 $62.50 $312.50 $250.00 $72.50 $322.50 3% 19-075 14-127 Guard dogs (failure to post warning)$60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 14-128 Sanitary conditions required $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% Article 4 - Division 2 Dogs and Cats - Licensing Requirements 19-075 14-151 License required $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% Animal Control 2020 Fees 2021 Proposed Fees 19-075 14-153 Rabies vaccination required $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 14-154 City License Fee (Altered)$10.00 $0.00 $10.00 $10.00 $72.50 $82.50 725% 19-075 14-154 City License Fee (Unaltered)$15.00 $0.00 $15.00 $15.00 $72.50 $87.50 483% 19-075 14-157 Dog or cat to wear tag $15.00 $62.50 $77.50 $15.00 $72.50 $87.50 13% Article 4 - Division 3 Dogs and Cats - Impoundment and Redemption 19-075 14-182 Impoundment fees (per head)$25.00 $62.50 $87.50 $25.00 $72.50 $97.50 11% Per day feed/care $20.00 $0.00 $20.00 $20.00 $72.50 $92.50 363% 19-075 14-186 Alternate Procedure $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 14-187 Pickup and transportation fee $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 Article 5 Wild or Dangerous Animals 19-075 14-221 Registration required $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 14-223 Running at large 19-075 1st offense $125.00 $62.50 $187.50 $125.00 $72.50 $197.50 5% 19-075 2nd offense $250.00 $62.50 $312.50 $250.00 $72.50 $322.50 3% 19-075 3rd offense (fine and animal forfeited)$250.00 $62.50 $312.50 $250.00 $72.50 $322.50 3% 19-075 14-224 Wild, hybrid or dangerous animals prohibited (fine & Seizure)$125.00 $62.50 $187.50 $125.00 $72.50 $197.50 5% 19-075 14-227 Owner to report escape of dangerous animals or animals not indigenous to State $125.00 $62.50 $187.50 $125.00 $72.50 $197.50 5% 19-075 14-229 Public nuisance (possession of wild, hybrid or dangerous animals prohibited)$125.00 $62.50 $187.50 $125.00 $72.50 $197.50 5% 19-075 14-230 Animals declared as a biting, dangerous or vicious animal prohibited $125.00 $62.50 $187.50 $125.00 $72.50 $197.50 5% 19-075 Article 6 - Division 1 Pet Shelters - Generally 19-075 14-263 Commercial pet shelter prohibited $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 14-264 Number of pets $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 14-265 Adequate facilities required $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 Article 6 - Division 2 Pet Shelters - License 19-075 14-291 License required $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% Miscellaneous Offenses 19-075 6-3 Open Container (Alcoholic Beverage) (Beer, Wine, Liquor in Vehicle or on Street $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 6-142 Attempt to Purchase $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 6-143 Misrepresentation of Age $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 6-73 Possession of Keg Restricted $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 70-35 Littering $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 58-33 Resisting an Officer $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 58-36 Fleeing from a Police Officer $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 58-161 Public Urination $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 58-162 Disturbing the Peace - House Parties 19-075 58-162 First Offense $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 58-162 Second Offense (Within One (1) Year Period)$100.00 $62.50 $162.50 $100.00 $72.50 $172.50 6% 19-075 58-162 Third Offense (Within One (1) Year Period)$200.00 $62.50 $262.50 $200.00 $72.50 $272.50 4% 19-075 62-180 Hours Parks Open to the Public $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 70-37 Littering $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 70-107 Location of Collection Containers $30.00 $62.50 $92.50 $30.00 $72.50 $102.50 11% 19-075 74-141 - 74-149 Excavation Offenses $100.00 $62.50 $162.50 $100.00 $72.50 $172.50 6% 19-075 74-211 Failure to Remove Snow from Sidewalk $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-312 Texting While Driving $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% Parking Offenses with Court Appearance 19-075 82-421 Position of Parking on Two-Way Road $30.00 $60.00 $90.00 $35.00 $72.50 $107.50 19% 19-075 82-427 Places Where Standing and Parking is Prohibited $30.00 $60.00 $90.00 $35.00 $72.50 $107.50 19% 19-075 82-428 Places Where Stopping is Prohibited $30.00 $60.00 $90.00 $35.00 $72.50 $107.50 19% 19-075 82-432 Parking in Excess of 72 Hours $30.00 $60.00 $90.00 $35.00 $72.50 $107.50 19% 19-075 82-433 Parking in Alleys $30.00 $60.00 $90.00 $35.00 $72.50 $107.50 19% 19-075 82-461 Designation of Prohibited Parking $30.00 $60.00 $90.00 $35.00 $72.50 $107.50 19% 19-075 82-462 Designation of Limited Parking $30.00 $60.00 $90.00 $35.00 $72.50 $107.50 19% 19-075 82-463 Illegal Parking (2 Hour Downtown or Medary)$30.00 $60.00 $90.00 $35.00 $72.50 $107.50 19% 19-075 82-464 Parking at Night in Business Section $30.00 $60.00 $90.00 $35.00 $72.50 $107.50 19% 19-075 82-465 Parking Prohibited During Snow Removal $50.00 $60.00 $110.00 $50.00 $72.50 $122.50 11% 19-075 82-468 Parking in Disabled Space Without Permit $100.00 $60.00 $160.00 $100.00 $72.50 $172.50 8% 19-075 82-521 Maximum Duration of Parking $30.00 $60.00 $90.00 $35.00 $72.50 $107.50 19% 19-075 94-431(2)Front Yard Parking Prohibited $25.00 $60.00 $85.00 $35.00 $72.50 $107.50 26% Parking Offenses If Paid Within 72 Hours/Without Court Appearance 19-075 82-421 Position of Parking on Two-Way Road $25.00 $0.00 $25.00 $30.00 $0.00 $30.00 20% 19-075 82-427 Places Where Standing and Parking is Prohibited $25.00 $0.00 $25.00 $30.00 $0.00 $30.00 20% 19-075 82-428 Places Where Stopping is Prohibited $25.00 $0.00 $25.00 $30.00 $0.00 $30.00 20% 19-075 82-432 Parking in Excess of 72 Hours $25.00 $0.00 $25.00 $30.00 $0.00 $30.00 20% 19-075 82-433 Parking in Alleys $25.00 $0.00 $25.00 $30.00 $0.00 $30.00 20% 19-075 82-462 Designation of Limited Parking $25.00 $0.00 $25.00 $30.00 $0.00 $30.00 20% 19-075 82-463 Illegal Parking (2 Hour Downtown or Medary)$25.00 $0.00 $25.00 $30.00 $0.00 $30.00 20% 19-075 82-464 Parking at Night in Business Section $25.00 $0.00 $25.00 $30.00 $0.00 $30.00 20% 19-075 82-465 Parking Prohibited During Snow Removal $25.00 $0.00 $25.00 $40.00 $0.00 $40.00 60% 19-075 82-468 Parking in Disabled Space Without Permit $100.00 $0.00 $100.00 $100.00 $0.00 $100.00 0% 19-075 82-521 Maximum Duration of Parking $25.00 $0.00 $25.00 $30.00 $0.00 $30.00 20% 19-075 94-431(2)Front Yard Parking Prohibited $20.00 $0.00 $20.00 $20.00 $0.00 $20.00 0% Traffic Driving Offenses 19-075 82-127 Failure to Comply with Warning Ticket $60.00 $72.50 $132.50 $60.00 $72.50 $132.50 0% 19-075 82-167 Traffic Signals $60.00 $72.50 $132.50 $60.00 $72.50 $132.50 0% 19-075 82-203 Duty to Provide Information $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-206 Unattended Vehicle $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-207 Property Damage $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-208 Immediate Notice $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-241 Driver's License Violation $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-242 Age of Driver $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-243 License Plate Violation $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-244 Maximum Passengers $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-246 Driving on Sidewalk $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-247 Exhibition Driving $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-248 Following Too Closely $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-249 Following Fire Apparatus $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-251 Unsafe Backing $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-252 Driving Over Fire Hose $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-271 Driving on Left Side of Street $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-276 Driving on Divided Highway $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-277 Overtaking Vehicles/Pass to Left Required; Cutting in Front $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-279 Passing in No Passing Zone $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-280 Duty of Driver of Overtaken Vehicle; Increasing Speed $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-303 82-304 82-305 Exceeding Limits Maximum Speed Speed Zones 1-5 MPH Over Speed Limit $30.00 $62.50 $92.50 $19.00 $72.50 $91.50 -1% 6-10 MPH Over Speed Limit $40.00 $62.50 $102.50 $39.00 $72.50 $111.50 9% 11-15 MPH Over Speed Limit $68.00 $62.50 $130.50 $59.00 $72.50 $131.50 1% 16-20 MPH Over Speed Limit $80.00 $62.50 $142.50 $79.00 $72.50 $151.50 6% 21-25 MPH Over Speed Limit $105.00 $62.50 $167.50 $99.00 $72.50 $171.50 2% Over 25 MPH Over Speed Limit (Court Appearance)$160.00 $62.50 $222.50 $154.00 $72.50 $226.50 2% 19-075 82-306 Speeding in School Zones 1-5 MPH Over Speed Limit $50.00 $62.50 $112.50 $34.00 $72.50 $106.50 -5% 6-10 MPH Over Speed Limit $60.00 $62.50 $122.50 $74.00 $72.50 $146.50 20% 11-15 MPH Over Speed Limit $95.00 $62.50 $157.50 $114.00 $72.50 $186.50 18% 16-20 MPH Over Speed Limit $130.00 $62.50 $192.50 $154.00 $72.50 $226.50 18% 21-25 MPH Over Speed Limit $150.00 $62.50 $212.50 $194.00 $72.50 $266.50 25% Over 25 MPH Over Speed Limit (Court Appearance)$0.00 $0.00 $0.00 $200.00 $72.50 $272.50 New Fee 19-075 82-309 Reckless Driving $70.00 $62.50 $132.50 $70.00 $72.50 $142.50 8% 19-075 82-310 Careless Driving $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 82-312 Texting While Driving $100.00 $62.50 $162.50 $100.00 $72.50 $172.50 6% 19-075 82-332 Right Turn $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-333 Left Turn $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-334 U-Turn Restricted $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-337 Cutting Corner $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-362 Yielding Right-of-Way to Emergency Vehicles; Duty of Driver of Emergency Vehicle not to Exercise Right-of-Way Arbitrarily $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-365 Vehicle Entering Stop Intersection $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-366 Stop Required Before Entering from Alley, Building or Private Road; Place of Stopping $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-367 Obedience to Stop and Yield $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-369 Stop at Railroad Crossing Signal $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-392 Obedience (One Way Streets and Alleys)$60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-424 Manner of Use of Diagonal Parking Spaces $40.00 $62.50 $102.50 $60.00 $72.50 $132.50 29% 19-075 82-561 Lights on Vehicle $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-563 Obstruction of Vision $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-565 Exhaust System $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-603 Pedestrian Right-of-Way $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-605 Jaywalking $40.00 $62.50 $102.50 $60.00 $72.50 $132.50 29% 19-075 82-682 Operation of Snowmobiles on Public Parks, Streets, Roads, Alleys, Sidewalks, Boulevards, and Rights-of-Way $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-684 Operation of Snowmobiles on Public Property $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-721 Clinging to Moving Vehicles $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 82-751 Bicycle Offense $25.00 $62.50 $87.50 $25.00 $72.50 $97.50 11% 19-075 82-842 Driving Through Processions $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% Housing and Zoning Offenses 19-075 22-374 Agent Required $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 22-401 Licensing of Leased Dwelling Units $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 22-402 Filing of Application Forms $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 22-405 Payment of License Fees $60.00 $62.50 $122.50 $60.00 $72.50 $132.50 8% 19-075 22-432 Failure to Comply with Smoke Detector Requirement First Offense $155.00 $62.50 $217.50 $155.00 $72.50 $227.50 5% Second Offense $155.00 $62.50 $217.50 $155.00 $72.50 $227.50 5% Third Offense $200.00 $62.50 $262.50 $200.00 $72.50 $272.50 4% 19-075 22-433 Failure to Comply with Exit Requirement First Offense $155.00 $62.50 $217.50 $155.00 $72.50 $227.50 5% Second Offense $155.00 $62.50 $217.50 $155.00 $72.50 $227.50 5% Third Offense $200.00 $62.50 $262.50 $200.00 $72.50 $272.50 4% 19-075 22-434 Failure to Comply with Parking Requirement First Offense $155.00 $62.50 $217.50 $155.00 $72.50 $227.50 5% Second Offense $155.00 $62.50 $217.50 $155.00 $72.50 $227.50 5% Third Offense $200.00 $62.50 $262.50 $200.00 $72.50 $272.50 4% 19-075 94-123(c) 94-124(c) 94-125(c) 94-126(c) 94-127(c) 94-128(c) 94-129(c) 94-130(c) All Other Zoning Ordinances Violations First Offense $200.00 $62.50 $262.50 $200.00 $72.50 $272.50 4% Second Offense $200.00 $62.50 $262.50 $200.00 $72.50 $272.50 4% City of Brookings Edgebrook Golf Course Rates Fee Description Early Bird Regular Early Bird Regular % Change Early Bird % Change Regular Unlimited Golf Youth 190.00 225.00 190.00 225.00 0%0% Young Adult 465.00 550.00 465.00 550.00 0%0% Senior/Veteran 465.00 550.00 465.00 550.00 0%0% Young Adult Couple 520.00 610.00 520.00 610.00 0%0% Senior Couple 520.00 610.00 520.00 610.00 0%0% Individual 550.00 650.00 550.00 650.00 0%0% Couples 630.00 750.00 630.00 750.00 0%0% Family 720.00 850.00 720.00 850.00 0%0% College Student 255.00 300.00 255.00 300.00 0%0% Unlimited Golf + Half Cart Package Young Adult 725.00 850.00 725.00 850.00 0%0% Senior/Veteran 725.00 850.00 725.00 850.00 0%0% Young Adult Couple 780.00 920.00 780.00 920.00 0%0% Senior Couple 780.00 920.00 780.00 920.00 0%0% Individual 745.00 875.00 745.00 875.00 0%0% Couples 805.00 950.00 805.00 950.00 0%0% Family 850.00 1,000.00 850.00 1,000.00 0%0% College Student 455.00 535.00 455.00 535.00 0%0% Punch Cards 10/18 Hole Rounds 240.00 240.00 N/A 0% 10/9 Hole Rounds 185.00 185.00 N/A 0% 10/Par 3 Course Rounds 55.00 55.00 N/A 0% Green Fees 9 holes 16.00 16.00 N/A 0% 18 holes 24.00 24.00 N/A 0% 9 holes (Weekday - Senior/Veterans) 13.00 13.00 N/A 0% 18 holes (Weekday - Senior/Veterans) 20.00 20.00 N/A 0% Carts Fees 9 holes 10.00 10.00 N/A 0% 18 holes 15.00 15.00 N/A 0% Driving Range Bucket of range balls 5.00 5.00 N/A 0% Add on to membership - Individual 150.00 150.00 N/A 0% Add on to membership - Family/Couple 200.00 200.00 N/A 0% 2020 Fees 2021 Fees 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 20-0311,Version:1 Action to approve the July 7 and July 14, 2020 City Council minutes. Attachments: 07/07/2020 Minutes 07/14/2020 Minutes City of Brookings Printed on 7/23/2020Page 1 of 1 powered by Legistar™ Brookings City Council July 7, 2020 (unapproved) The Brookings City Council held a meeting on Tuesday, July 7, 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, Joey Collins, and Ope Niemeyer. City Attorney Steve Britzman, City Manager Paul Briseno, Assistant City Manager Jake Meshke were also present. City Clerk Bonnie Foster was absent. 6:00 PM SPECIAL MEETING Certificate of Election and Oath of Office. The Certificate of Election and Oath of Office were presented to incoming Council Members Joey Collins and Ope Niemeyer. Agenda. A motion was made by Council Member Wendell, seconded by Council Member Niemeyer, that the agenda be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Open Forum. Visit Brookings Executive Director Laura Schoen Carbonneau provided that the organization is working on a stay safe pledge will be provided to restaurants and bars; A webpage with COVID-19 materials will also be available. Mike Lockrem, SDSU Director of University Marking and Communications, provided an update on COVID-19 safety measures being taken by the University as well as marketing and education efforts. Al Heuton, Director of Brookings Economic Development Corporation (BEDC), provided an update on COVID-19 efforts being taken by the BEDC. Kelsey Doom, President/CEO Brookings Area Chamber of Commerce, provided an updated on COVID-19 efforts being taken by the Brookings Area Chamber of Commerce Bradley Walker, Brookings Resident, questioned the purpose of the City funding the EV charging station. Ordinance 20-010. A second reading was held on Ordinance 20-010, an Ordinance Amending Emergency Ordinance 20-007 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). A motion was made by Council Member Wendell, seconded by Council Member Brink, that Ordinance 20-010 be approved. Public Comment: Jael Thorpe, SDSU President Barry Dunn, Sheila Anderson, Bill Alsaker, Elizabeth Wika, Dr. David Meyer, Darlene Fish, Patsy Hendricks, and Angie Ritterhaus. The motion carried by the following vote: Yes: 5 - Corbett, Niemeyer, Bacon, Wendell, and Tilton Byrne; No: 2 - Brink, and Collins. Adjourn. A motion was made by Council Member Brink, seconded by Council Member Wendell, that this meeting be adjourned at 7:30 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ ATTEST: Keith W. Corbett, Mayor __________________________ Bonnie Foster, City Clerk Brookings City Council July 14, 2020 (unapproved) The Brookings City Council held a meeting on Tuesday, July 14, 2020 at 4:00 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, Joey Collins, and Ope Niemeyer. City Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster was also present. 4:00 PM Study Session City Manager Paul Briseno and Assistant City Manager Jake Meshke provided an overview of the proposed 2021 balanced budget to the City Council and members of the public. 6:00 PM REGULAR MEETING Consent Agenda: A motion was made by Council Member Wendell, seconded by Council Member Brink, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. 3.A. Action to approve the agenda. 3.B. Action to approve the June 30, 2020 City Council Minutes. 3.C. Action to make changes to the City Council Meeting Schedule for July: July 7 - Special Meeting, July 14 - Regular Meeting, July 21 - Study Session (CANCELLED), July 28 - Regular Meeting. Proclamation. Mayor Keith Corbett presented a Proclamation celebrating the 30th Anniversary of the Americans with Disabilities Act. Brookings Committee for People who have Disabilities members Mark Sternhagen and Brianna Doran accepted the Proclamation. Mayoral Proclamation City of Brookings, South Dakota Whereas, the Americans with Disabilities Act (ADA) was passed on July 26, 1990, as the first comprehensive declaration of equality for people with disabilities and protects rights in all aspects of employment, in accessing public services, and guaranteeing access to private establishments; and Whereas, the goals of the community aligns with providing people with disabilities with the opportunities and support to achieve full integration and inclusion in society, in an individualized manner; and Whereas, disability is a natural part of the human experience that does not diminish the right to enjoy the opportunity to live independently, enjoy self -determination, make choices, contribute to society, and experience full integration and inclusion with necessary services and supports; and Now, Therefore, I, Keith W. Corbett, Mayor of the City of Brookings, do hereby proclaim July 26, 2020 as Americans with Disabilities Act 30th Anniversary Day. And call upon the people of Brookings to: 1. Recognize and celebrate the progress that has been made by reaffirming the principals of equality and inclusion and recommitting our efforts to reach full ADA compliance for people with disabilities in the city of Brookings. 2. Continue advocating for full inclusion and equity of individu als with disabilities in all aspects of society. In Witness Whereof, I have placed the Seal of the City of Brookings, State of South Dakota, this 14th day of July, 2020. Keith W. Corbett, Mayor Resolution 20-063. A motion was made by Council Member Bacon, seconded by Council Member Tilton Byrne, that Resolution 20-063, a resolution authorizing the execution of contractual documents with the State of South Dakota for the receipt of CARES Act funds to address the COVID-19 Public Health Crisis, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 20-063 - A Resolution Authorizing the Execution of Contractual Documents with the State of South Dakota for the Receipt of CARES Act Funds to Address the COVID-19 Public Health Crisis Whereas, pursuant to section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020) (the “CARES Act”), the State of South Dakota has received federal funds that may only be used to cover costs that: (a) are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); (b) were not accounted for in the budget most recently approved as of March 27, 2020, for the City of Brookings; and (c) were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020; and Whereas, the City of Brookings acknowledges that the State of South Dakota, in its sole discretion, may retain full use of these funds for the purposes delineated in the CARES Act; and Whereas, the City of Brookings acknowledges that in order to provide financial assistance to counties and municipalities in South Dakota, the State of South Dakota, in its sole discretion, may allocate CARES Act funds on a statewide basis to reimburse counties and municipalities as delineated herein; and Whereas, the City of Brookings seeks funding to reimburse eligible expenditures incurred due to the public health emergency with respect to COVID-19; and Whereas, the City of Brookings acknowledges that any request for reimbursement of expenditures will only be for expenditures that were not accounted for in the budget for the City of Brookings most recently approved as of March 27, 2020; and Whereas, the City of Brookings acknowledges that it will only seek reimbursement for costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. Now, Therefore, Be It Resolved by the City Council of the City of Brookings that the Mayor, City Clerk and City Manager of Brookings may execute any and all documents as required by the State in order to receive CARES Act funds. Be It Further Resolved that any request for reimbursement will be onl y for those costs authorized by the State that: (1) Are necessary expenditures incurred due to the public health emergency with respect to COVID-19; (2) Were not accounted for in the City budget most recently approved as of March 27, 2020; and (3) Were inc urred during the period that begins on March 1, 2020, and ends on December 30, 2020. Be It Further Resolved that the City will not request reimbursement from the State under the CARES Act for costs for which the City previously received reimbursement, or for which the City has a reimbursement request pending before another source. Ordinance 20-011. A public hearing was held on Ordinance 20-011, an Ordinance Rezoning the N ½ of the N ½ of the Southwest ¼ in Section 34, Township 110 from Agricultural, A District to Residence R-1C Single-Family District, Residence R-1D Single-Family District, and Residence R-3 Apartment District (South of Summit Pass and east of West 16th Avenue South). A motion was made by Council Member Wendell, seconded by Council Member Brink, that Ordinance 20-011 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Preliminary Plat. A motion was made by Council Member Brink, seconded by Council Member Niemeyer, that the Preliminary Plat for Lots 26-30, Block 6; Lots 1-14, Block 18; Lots 1-14, Block 19; Lots 1-31, Block 20; Lots 1-8, Block 24; Lots 1 & 2, Block 25; Lots 1 & 2, Block 26; Lots 1-3, Block 27; Lot 1, Block 28; all in Timberline Addition be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Ordinance 20-015. A second reading was held on Ordinance 20-015, an Ordinance Authorizing Supplemental Appropriation No. 4 to the 2020 Budget. A motion was made by Council Member Brink, seconded by Council Member Wendell, that Ordinance 20-015 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 20-059. A motion was made by Council Member Brink, seconded by Council Member Bacon, that Resolution 20-059, a Resolution Transferring Contingency Funds for Retirement Payout Funds, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 20-059 - A Resolution Transferring Contingency Funds for Retirement Payout Funds Whereas, the City of Brookings hereby transfers Retirement Payout Expense contingency funds to meet retirement obligations of the municipality. This transfer is for the purpose of completing a transfer of contingency funds to the following accounts: 405 Finance 101-415-5-101-00 Regular Pay $ 21,549.22 431 Street 101-431-5-101-00 Regular Pay $ 10,598.56 Total Transfers $ 32,147.78 The Financing Source for this transfer is from the following account: Retirement Payout Expense Contingency $ 32,147.78 Total Source of Funding $ 32,147.78 Whereas, this resolution is deemed necessary for the immediate preservation of the public peace, health, safety and support of the City, and shall become effective upon publication. Council Items for Future Discussion. A motion was made by Council Member Brink, seconded by Council Member Bacon, that a standing item to discuss the current status of COVID-19 be added to future City Council Agendas. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Adjourn. A motion was made by Council Member Brink, seconded by Council Member Bacon, that this meeting be adjourned at 6:38 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 #:ORD 20-012,Version:1 Introduction and First Reading on Ordinance 20-012, an Ordinance Rezoning the East 50’ of Lot ‘A’ of Lot 4, Block 1 (829 2nd Street South); Lot ‘B’ of Lot 4, Block 1 (831 2nd Street South); and Lot ‘C’ of Lot 4, Block 1 (915 2nd Street South); all in Skinners Third Addition from Residence R-2 Two-Family to Business B-3 Heavy District. Public Hearing: August 11, 2020 Summary: The applicant is requesting to rezone three (3) lots from R-2 to B-3 for the purpose of future redevelopment. Background: The property is located along 2nd Street South and is adjacent to industrial zoned property to the west and south. There are several existing rental homes on the site and the owner would like to redevelop the property to a use consistent with the B-3 District. The general area has been transitioning away from residential uses to light industrial uses. The Comprehensive Plan supports the shifting from residential development to Urban High Intensity uses within industrial and heavy business districts. Findings of Fact: 1.The Comprehensive Plan envisions the area being redeveloped as Urban High Intensity which is consistent with the B-3 District. 2.The Comprehensive Plan supports the rezoning request. Recommendation: The Planning Commission voted 6-0 with one abstain recommending approval of the rezoning request. Attachments: Memo Ordinance Planning Commission Minutes 7.7.2020 Notice Rezoning Map Future Land Use Map City of Brookings Printed on 7/23/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Meeting: July 28, 2020 / August 11, 2020 Subject: Rezoning Request (829, 831, and 915 2nd Street South) Person(s) Responsible: Mike Struck, Community Development Director Summary: The applicant is requesting to rezone three (3) lots from R-2 to B-3 for the purpose of future redevelopment. Background: The property is located along 2nd Street South and is adjacent to industrial zoned property to the west and south. There are several existing rental homes on the site and the owner would like to redevelop the property to a use consistent with the B -3 District. The general area has been transitioning away from residential uses to light industrial uses. The Comprehensive Plan supports the shift from residential development to Urban High Intensity uses within industrial and heavy business districts. The Comprehensive Plan envisions the area being redeveloped as Urban High Intensity which is consistent with the B-3 District. Item Details: The area near the railroad tracks, in the central core of the City, has historically provided for heavier industrial and business uses. The general area currently has a mix of industrial and residential uses and is transitioning to more intensive uses. The proposed B-3 District will fit the character of the surrounding area and be less intense than the existing I-1 uses. There has been an increased demand for additional B-3 and I-1 zoned properties within the City. Legal Consideration: None. Strategic Plan Consideration: The rezoning request is consistent with the Comprehensive Plan’s Future Land Use Map which identifies the area for Urban High Intensity. The rezoning request is consistent with the City’s Strategic Plan as it pertains to promoting economic expansion of retail, commercial, industrial, and tech-related development. Financial Consideration: None. Options and Recommendation: The Planning Commission has the following options: 1. Approve as presented 2. Approve as amended 3. Deny 4. Move the item to a work session. 5. Do nothing. The Planning Commission voted 6-0 with one abstain recommending approval of the rezoning request. Supporting Documentation: 1. Memo 2. Ordinance 3. Planning Commission Minutes 7.7.2020 4. Notice 5. Rezoning Map 6. Future Land Use Map Ordinance 20-012 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: East 50’ of Lot ‘A’ of Lot 4, Block 1 (829 2nd Street South); Lot ‘B’ of Lot 4, Block 1 (831 2nd Street South); and Lot ‘C’ of Lot 4, Block 1 (915 2nd Street South); all in Skinners Third Addition from Residence R-2 Two-Family to Business B-3 Heavy District 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: July 28, 2020 Second Reading and Adoption: August 11, 2020 Published: CITY OF BROOKINGS ________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk Planning Commission Brookings, South Dakota July 7, 2020 OFFICIAL MINUTES Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Tuesday July 7, 2020, at 5:30 PM in the Community Room #300 on the third floor of the City & County Government Center. Members present were Ashley Biggar, James Drew, Gregg Jorgenson, Jason Meusburger, Lee Ann Pierce, Eric Rasmussen and Aiken. Absent were Greg Fargen and Jacob Mills. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, Al Rogers, Diane Spencer, and Jerry and Judy Cooley. Item #5a – Pitts Property Management LLC has submitted a petition to rezone the East 50’ of Lot ‘A’ of Lot 4, Block 1 (829 2nd Street South); Lot ‘B’ of Lot 4, Block 1 (831 2nd Street South); and Lot ‘C’ of Lot 4, Block 1 (915 2nd Street South); all in Skinners Third Addition from Residence R-2 Two-Family to Business B-3 Heavy District (Meusburger/Biggar) Motion to approve the Rezone request. Pierce abstained. All others voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5a – This rezone request is for the purpose of future redevelopment of the property. These lots consist of rental homes and the applicant would like to redevelop for business uses. The surrounding lots are zoned Industrial. 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 Pitts Property Management, LLC has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: East 50’ of Lot ‘A’ of Lot 4, Block 1 (829 2nd Street South); Lot ‘B’ of Lot 4, Block 1 (831 2nd Street South); and Lot ‘C’ of Lot 4, Block 1 (915 2nd Street South); all in Skinners Third Addition from Residence R-2 Two-Family to Business B-3 Heavy District NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00 PM on August 11, 2020, 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 31st day of July, 2020. 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 #:ORD 20-013,Version:1 Introduction and First Reading on Ordinance 20-013, an Ordinance pertaining to a Conditional Use Permit Pertaining to Establishing a Concrete Plant on Lot 2A, Block 3, Telkamp Industrial Addition. Public Hearing: August 11, 2020. Summary: The owner is seeking a Conditional Use Permit to operate a concrete plant at 302 32nd Avenue South in an Industrial I-1 Light District. Background: The property is located at the southwest corner of Prince Drive and 32nd Avenue South. The owner is interested in developing a concrete plant on the south side of the existing buildings. The ordinance lists a concrete plant as a conditional use in the I-1 District. The ordinance provide the following requirements: This use shall not be located near or adjacent to uses that would be negatively impacted due to fumes, dust, or runoff generated by its operation. Traffic to and from the site shall not travel on residential streets to reach major transportation routes. Outdoor material storage areas shall be located in the interior of the lot and away from the right-of-way. All runoff from the material storage areas or generated by the operation shall be contained on-site. The Planning Commission voted 6-0 recommending approval of the conditional use permit with the following contingency: 1.A row of trees shall be planted (1 per 40 linear feet) along 32nd Avenue South to mitigate impacts to surrounding properties. 2.Outdoor storage along 32nd Street South shall be prohibited. Attachments: Memo Ordinance Planning Commission Minutes 7.7.2020 Notice Aerial Map City of Brookings Printed on 7/23/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Meeting: July 28, 2020 / August 11, 2020 Subject: Conditional Use Permit Pertaining to Establishing a Concrete Plant on Lot 2A, Block 3, Telkamp Industrial Addition Person(s) Responsible: Mike Struck, Community Development Director Summary: The owner is seeking a Conditional Use Permit to operate a concrete plant at 302 32 nd Avenue South in an Industrial I-1 Light District. Background: The property is located at the southwest corner of Prince Drive and 32nd Avenue South. The owner is interested in developing a concrete plant on the south side of the existing buildings. The ordinance lists a concrete plant as a conditional use in the I-1 District. The ordinance provides the following requirements: This use shall not be located near or adjacent to uses that would be negatively impacted due to fumes, dust, or runoff generated by its operation. Traffic to and from the site shall not travel on residential streets to reach major transportation routes. Outdoor material storage areas shall be located in the interior of the lot and away from the right-of-way. All runoff from the material storage areas or generated by the operation shall be contained on-site. Item Details: The area contains a mix of industrial uses and there is an existing concrete plant within about a ¼ of a mile. The proposed project is along 32nd Avenue South, which is a collector street, that is designed to handle the additional traffic. There will not be an impact to residential streets as 32nd Avenue South is directly connected to an arterial street via 6th Street. The parcel is large enough to accommodate the concrete plant operation and the storage of materials away from the street. The impact to the surrounding properties can be mitigated by landscaping along 32 nd Street South. Legal Consideration: None. Strategic Plan Consideration: The location of a concrete plant is appropriate in an Industrial District and is consistent with the Comprehensive Plan’s Future Land Use Map which identifies the area for General Industrial development. The proposal is consistent with the City of Brookings Strategic Plan concerning the economic expansion of commercial and industrial development. Financial Consideration: None. Options and Recommendation: The Planning Commission has the following options: 1. Approve as presented 2. Approve as amended 3. Deny 4. Move to study session 5. Do Nothing The Planning Commission voted 6-0 recommending approval of the conditional use permit with the following contingencies: 1. A row of trees shall be planted (1 per 40 linear feet) along 32nd Avenue South to mitigate impacts to surrounding properties. 2. Outdoor storage along 32nd Street South shall be prohibited. DRT reviewed and recommends approval. Supporting Documentation: 1. Memo 2. Ordinance 3. Planning Commission Minutes 7.7.2020 4. Notice 5. Aerial Map Ordinance 20-013 An Ordinance Pertaining to an Application for a Conditional Use to Establish a Concrete Plant in an Industrial I-1 Light District Be It Ordained by the governing body of the City of Brookings, South Dakota that said Conditional Use shall be approved to establish a concrete plant on Lot 2A, Block 3, Telkamp Industrial Addition, also known as 302 32nd Avenue South with the following conditions: 1. A row of trees shall be planted (1 per 40 linear feet) along 32nd Avenue South to mitigate impacts to surrounding properties. 2. Outdoor storage along 32nd Street South shall be prohibited. All sections and ordinances in conflict herewith are hereby repealed. First Reading: July 28, 2020 Second Reading: August 11, 2020 Published: CITY OF BROOKINGS __________________________ Keith W. Corbett, Mayor ATTEST: ________________________________ Bonnie Foster, City Clerk Planning Commission Brookings, South Dakota July 7, 2020 OFFICIAL MINUTES Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Tuesday July 7, 2020, at 5:30 PM in the Community Room #300 on the third floor of the City & County Government Center. Members present were Ashley Biggar, James Drew, Gregg Jorgenson, Jason Meusburger, Lee Ann Pierce, Eric Rasmussen and Aiken. Absent were Greg Fargen and Jacob Mills. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, Al Rogers, Diane Spencer, and Jerry and Judy Cooley. Drew recused himself. Item #6b – Clark Drew Construction Inc. has submitted an application for a Conditional Use on Lot 2A, Block 3, Telkamp Industrial Addition, also known as 302 32nd Avenue South. The request is to establish a concrete plant in an Industrial I-1 Light District. (Rasmussen/Jorgenson) Motion to approve the Conditional Use contingent upon staff recommendations 1. A row of trees shall be planted along 32nd Avenue South to mitigate impacts to surrounding properties, 2. Outdoor storage along 32nd Street South shall be prohibited. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6b - The owner would like to operate a concrete plant on this property. City ordinance lists a concrete plant as a use with a Conditional Use permit. Jorgenson asked if surrounding property owners have been notified. Bungard stated yes, requirements state that neighbors within 150’ must be notified and she hadn’t heard from any neighbors. 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 APPLICATION FOR CONDITIONAL USE NOTICE IS HEREBY GIVEN THAT Clark Drew Construction, Inc submitted an application for a Conditional Use on the following described real estate: Lot 2A, Block 3, Telkamp Industrial Addition, also known as 302 32nd Avenue South The request is to establish a concrete plant in an Industrial I-1 Light District. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council at 6:00 PM on Tuesday, August 11, 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 31tst day of July, 2020. Bonnie Foster City Clerk B rook ings County, SD Aeria l Map 374 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds 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 20-014,Version:1 Introduction and First Reading on Ordinance 20-014, an Ordinance Amending Chapter 94, Zoning, Pertaining to Section 94-399.1 - Bufferyards. Public Hearing: August 11, 2020. Summary: The City of Brookings is seeking approval of an amendment to the Zoning Ordinance to establish a new section pertaining to bufferyards. Bufferyards are generally required when business or industrial developments abut a residential district. Background: The current ordinance requires landscaped areas serve as bufferyards between residential properties and business/industrial zoned properties. The landscaped areas range in size from 25 - 50 feet depending on the zoning district; however, there is no requirement for vertical screening. The goal of the new ordinance is to provide an option of a smaller bufferyard with vertical screening for privacy. The ordinance amendment establishes different types of bufferyards based on the zoning district, building height, parking lots, and structures. The bufferyard distances and screening types are based on the intensity of the district so more intense uses have more substantial buffer requirements. The ordinance also takes into account the height of structures in order to mitigate impacts to surrounding properties. One notable change is that bufferyards apply to certain residential districts when structures exceed 30 feet in height. In addition, more intense districts require a six (6) foot fence in addition to landscaping. The ordinance amendment essentially retains the option of the larger landscaped areas but provides for options to integrate varying land uses while mitigating negative impacts. Overall, the intent is to offer flexibility while promoting a blending of land uses where appropriate by requiring vertical screening measures. Recommendation: The Development Review Team (DRT) recommends approval of the ordinance amendment. The Planning Commission voted 7-0 recommending approval of the ordinance amendment. Attachments: Memo Ordinance Ordinance - Marked Up Presentation Planning Commission Minutes 7/7/2020 Notice Bufferyard Exhibits City of Brookings Printed on 7/23/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Meeting: July 28, 2020 / August 11, 2020 Subject: Amendment to Chapter 94, Zoning, Pertaining to Section 94- 399.1 – Bufferyards Person(s) Responsible: Mike Struck, Community Development Director Summary: The City of Brookings is seeking approval of an amendment to the Zoning Ordinance to establish a new section pertaining to bufferyards. Bufferyards are generally required when business or industrial developments abut a residential district. Background: The current ordinance requires landscaped areas serve as bufferyards between residential properties and business/industrial zoned properties. The landscaped areas range in size from 25 - 50 feet depending on the zoning district; however, there are no requirements for vertical screening. The goal of the new ordinance is to provide an option of a smaller bufferyard with vertical screening for privacy. The new language allows for greater use of the land and environ mentally friendly options to lessen the impact to adjacent properties. The ordinance amendment establishes different types of bufferyards based on the zoning district, building height, parking lots, and structures. The bufferyard distances and screening types are based on the intensity of the district so more intense uses have more substantial buffer requirements. The ordinance also takes into account the height of structures in order to mitigate impacts to surrounding properties. One notable change is that bufferyards apply to certain residential districts when structures exceed 30 feet in height. In addition, more intense districts require a six (6) foot fence in addition to landscaping. The ordinance amendment essentially retains the option of the larger landscaped areas but provides for options to integrate varying land uses while mitigating negative impacts. Overall, the intent is to offer flexibility while promoting a blending of land uses where appropriate by requiring vertical screening measure s. Item Details: The ordinance amendment will allow for a more efficient use of land between zoning districts. The amendment is supported by several action items in the Comprehensive Plan including: o Encourage development based on intensity o Promote infill/redevelopment as appropriate o Encourage mixed use development o Provide adequate separation and buffering between higher and lower intensity land uses o Require additional landscaping and upgrade site design standards The graduated approach seeks to match bufferyard distances and vertical separation requirements based on the level of impact and the intensity of the use. Required bufferyards shall be installed prior to a Certificate of Occupancy being issued and the maintenance requirements will be the same as those listed in the landscaping ordinance. Legal Consideration: None. Strategic Plan Consideration: The bufferyard ordinance amendment is supported by several action items identified within the Comprehensive Plan, including: o Encourage development based on intensity o Promote infill/redevelopment as appropriate o Encourage mixed use development o Provide adequate separation and buffering between higher and lower intensity land uses o Require additional landscaping and upgrade site design standards Financial Consideration: None. Options and Recommendation: The Planning Commission has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move to study session 5. Do nothing The Development Review Team (DRT) recommends approval of the rezoning request. The Planning Commission voted 7-0 recommending approval of the ordinance amendment. Supporting Documentation: 1. Memo 2. Ordinance 3. Ordinance – Marked Up 4. Presentation 5. Planning Commission Minutes 7.7.2020 6. Notice 7. Bufferyard Exhibits 1 Ordinance 20-014 An Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to Landscaping and Bufferyard Requirements for the purposes of Administration of the Zoning Ordinance. Be It Ordained by the City Council of the City of Brookings, State of South Dakota: that Chapter 94, Zoning, shall be amended as follows: Section 1. Section 94-399.1 – Bufferyards. (a) Purpose and intent. The purpose of the bufferyard regulations are to: (1) Promote attractive development and preserve the appearance and character of the surrounding areas through the use of landscaping and other buffers; (2) Mitigate and minimize conflicts between certain adjacent zoning districts and the variable intensity of land uses; (3) Provide for quality development and a greater mixing of land uses without compromising the integrity and character of residential neighborhoods by using a combination of setbacks, visual buffers, and barriers; (4) Establish a greater sense of privacy and alleviate physical and vertical intrusions based on the intensity of land uses; (5) Enhance safety and security of properties by requiring physical separation measures; (6) Protect and improve property values while encouraging the efficient use of land; (7) Establish bufferyard compatible with drainage and utility infrastructure; (8) Prescribe standards for the development and maintenance of trees, vegetation, fences, and walls. (b) Definition, Applicability of Bufferyards, and General Standards. (1) A bufferyard is a unit of yard or setback combined with landscaping, trees, a fence, wall, and/or continuous shrubs intended to provide a physical and aesthetic barrier between land uses. (2) Bufferyards are required when certain zoning districts abut one another as shown on Table 1.1. Types of required bufferyards are established in Table 1.2. (3) Bufferyard standards apply to all new development, new buildings, redevelopment, and additions located in the required bufferyard. (4) When a bufferyard is required, a landscape plan meeting the criteria of 94- 399 (b) shall be submitted and approved by the Community Development Department prior to a building permit for the site being issued. In addition to the criteria above, the landscape plan shall also show the adjacent land uses and districts, bufferyard setbacks, height of trees and vegetation at planting and maturity, type and location of proposed fencing, walls, and or berms, and the proposed location and spacing of trees and shrubs. 2 (5) Existing vegetation that otherwise satisfies the requirements of this section may be used as a credit. (6) Bufferyard areas shall generally be maintained as landscaped areas with grass and mulch for ground cover. (7) Required bufferyard improvements shall be installed prior to a Certificate of Occupancy being issued on the developing site. The Community Development Director may allow up to a nine (9) month extension for inclement weather. (c) Bufferyard Location. (1) Bufferyards shall be located along a side and/or rear property line as shown in Table 1.1. They shall be located along the perimeter of the lot extending inward from the property line and shall run parallel to the subject property along its entire rear and/or side yard. Required fencing, solid walls, and continuous shrubs shall not be located within first 20 feet of the front yard. (2) The bufferyard shall be located entirely on the property in which the development is occurring. (3) Bufferyards shall not obscure a clear line of sight for vehicular traffic as required in 94-407 Intersection Safety Zones. (d) Bufferyard Requirements (1) Bufferyards are required in accordance with the following table. Table 1.1 Zoning of Abutting Land Proposed Buildings over 30’ in Height Solid Fence/Wall or Continuous Shrubs Zoning of Proposed Development R-1, R-1A, R-1B, R- 1C, R-1D, R-2, R-3, R-3A, RMH R-1, R-1A, R-1B, R- 1C, R-1D, R-2, R-3, R-3A, RMH R-1, R-1A, R-1B, R-1C, R-1D, R-2, R-3, R-3A, RMH B-1 Type A or Type E Type B or Type E N/A B-2 Type B or Type F Type C or Type F N/A B-2A Type A or Type D Type C or Type F N/A R-B4 Type A or Type D Type C or Type F N/A B-3 Type C or Type G Type C or Type G 6’ required B-4 Type C or Type F Type C or Type F 6’ required B-5 Type C or Type F Type C or Type F N/A I-1, I-1R Type C or Type G Type C or Type G 6’ required I-2 Type C or Type G Type C or Type G 6’ required *R-3, R-3A, R-B4 Type B or Type F N/A *Applicable only to structures over 30’ in height (2) Bufferyard Types. The following bufferyard types are hereby established and shall provide the requirements for each type of bufferyard referenced in Table 1.1. The table prescribes the minimum widths and landscaping for bufferyards. 3 Table 1.2 Bufferyard Types Minimum Buffer from Parking Lot Minimum Buffer to Structure Plantings per 100 lineal feet or fraction thereof per Bufferyard Type A 10’ 20’ 3 trees and 10 shrubs Type B 15’ 25’ 5 trees and 10 shrubs Type C 20’ 30’ 6 trees and 14 shrubs Type D 25’ 25’ greenspace Type E 30’ 30’ greenspace Type F 40’ 40’ greenspace Type G 50’ 50’ greenspace (3) Specific Standards and Encroachments. a. Bufferyards may be used as required yards, stormwater management areas, and open space. b. Accessory structures are prohibited in the bufferyard area and shall follow the bufferyard applicable to structures. c. Access drives and trash receptacles shall meet the parking lot buffer standard unless otherwise allowed by the Community Development Director. (4) Standards for trees and shrubs. a. Deciduous trees must be at least one and one-half caliper inches. b. Ornamental trees must be at least one and one-half caliper inches. c. Conifer trees must be at least six feet in height at planting. d. All trees shall be capable of reaching at least 30 feet in height at maturity. e. Shrubs shall be capable of reaching a minimum of four (4) feet at maturity and shall be maintained at least the same height. f. Shrub and trees plantings shall be spaced appropriately to provide a natural buffer and in accordance with best management practices based on the species. (e) Maintenance. Maintenance shall be in accordance with 94-399 (d). Section 2. Section 94-1 – Definitions. Bufferyard: A unit of yard or setback combined with landscaping, trees, a fence, wall, and/or continuous shrubs intended to provide a physical and aesthetic barrier between land uses. Section 3. Section 94-399.1, as set forth above, also amends the landscaping requirements set forth in the density, area, yard and height regulations tables set forth in Sections 94- 130(f), 94-131(f), 94-132(f), 94-133(f), 94-134(f), 94-135(f), 94-135.5(f), 94-136(f), 94- 137(f), and 94-161(f). The following provision, denoted by an asterisk (*) or multiple 4 asterisks(**), referring to landscaped areas shall be amended to reference Section 94- 399.1 Bufferyards. Section 4. Any or all ordinance in conflict herewith are hereby repealed. First Reading: July 28, 2020 Second Reading and Adoption: August 11, 2020 Published: CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk This document shows the current buffer requirements in the zoning ordinance. Sec. 94-130. - RB-4 neighborhood business district. (a) Intent. This district is intended to provide for neighborhood business and service areas located at the fringe of residential developments, adjacent to the major streets that serve the area. It is the intent of this district to provide for low impact and low traffic commercial uses that provide convenience goods and personal services to neighborhood residents. The site and a rchitectural design of any commercial use shall be sensitive to and compatible with an adjacent residential development and will protect residential property values. No outdoor storage is permitted. (b) Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the RB-4 neighborhood business district. (c) Permitted uses. There are no permitted uses in the RB-4 district. See subsection (d) of this section for permitted special uses. (d) Permitted special uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein: (1) All uses allowed as a permitted use in the R-3 district provided that: a. One of the frontages shall abut upon a local street. (2) Office building, personal health service, grocery store, pharmacy. a. One of the frontages shall abut upon a collector or arterial street. b. Floor area of one building shall not exceed 5,000 square feet. (3) Personal service. a. One of the frontages shall abut upon a collector or arterial street. b. Floor area of one building shall not exceed 2,000 square feet. (4) Meat market, delicatessen, eatery, luncheonette. a. One of the frontages shall abut upon a collector or arterial street. b. Floor area of one building shall not exceed 3,000 square feet. (5) Day care facility. a. A four-foot high transparent fence shall be constructed between the play area and the street if the play area is adjacent to any arterial or collector street. b. An on-premises pick-up and drop-off area shall be provided. (6) Group home. a. Applicants shall provide statements as to the type of supervision the home will have. (e) Conditional uses. (1) Church. (2) Gas dispensing station. (f) Density, area, yard and height regulations. The RB-4 district regulations are as follows: Density Sq. Ft. Min. Lot Area Min. Lot Min. Front Min. Side Yard Min. Rear Max. Height Sq. Ft. Width Yard Yard Commercial uses 5,000 50 feet 20 feet 5 feet**** 30 feet 35 feet Residential uses Single-family dwelling 6,000 50 feet 20 feet 7 feet 25 feet 35 feet Two dwelling units 8,400 65 feet 20 feet 7 feet 25 feet 35 feet Single-family attached 0 feet side yard 2 units 9,600 75 feet 20 feet 0 feet or 7 feet on nonparty wall 25 feet 35 feet 3 units 12,000 90 feet 20 feet 0 feet or 7 feet on nonparty wall 25 feet 35 feet 4 units 14,000 105 feet 20 feet 0 feet or 7 feet on nonparty wall 25 feet 35 feet Apts., condominiums, townhouses* (3 or more units) 1,815** 10,000 75 feet 20 feet 7 feet*** 25 feet 45 feet Other allowable uses 6,000 50 feet 20 feet 7 feet*** 25 feet 45 feet *Parking lots shall be screened from single-family and two-family residential uses according to section 94-401. **A maximum of 24 dwelling units per acre shall be allowed. ***The side yard will be required to be increased to ten feet if the building is three or more stories in height. ****A twenty-foot landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. Reference to 94-399.1 Bufferyards. Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms. (g) Accessory uses. Accessory uses and building permitted in the RB-4 district are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking regulations. Parking, loading and stacking within the RB-4 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. (i) Sign regulations. Signs within the RB-4 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. (j) Other regulations. Development within the RB-4 district shall be in conformance with the regulations set forth in article II of this chapter. (Ord. No. 21-03, 8-26-2003; Ord. No. 17-034 , § 2, 1-9-2018; Ord. No. 18-014 , § I, 10-9-2018) Sec. 94-131. - Business B-1 central district. (a) Intent. This district is intended to provide a strong supportive retail center. It is the intent of this district to place a high priority on retail trade, office, personal service, institutional and entertainment center uses. Integrating new uses with existing businesses is encouraged. No outdoor storage shall be permitted. (b) Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Business B-1 central district. (c) Permitted uses. (1) Retail or service store. (2) Personal service store. (3) Personal health service. (4) Hotel. (5) Financial institution. (6) Office building. (7) Public transportation facility. (8) Public utility facility. (9) Parking facility or lot. (10) Drinking establishment. (11) Telecommunications tower. (12) Extended stay hotel. (d) Permitted special uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein: (1) Warehousing. a. All operations, equipment and materials shall be stored within a completely enclosed structure. (2) Day care facility. a. A four-foot high transparent fence shall be constructed betwee n the play area and the street. (3) Apartment. a. Dwelling units shall be located on the second floor or above. (4) Indoor recreation facility. a. The use must be contained within a building. b. All equipment and materials shall be stored inside the building. (e) Conditional uses. (1) Repair garage. (2) Apartments for the elderly. (3) Broadcast tower. (4) Community center. (5) Drive-in food service. (6) Brewpub. (7) Church. (f) Density, area, yard and height regulations. The B-1 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses * 20 feet* 50 feet *A 30-foot landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. Reference to 94-399.1 Bufferyards. (g) Accessory uses. Accessory uses and building permitted in the B-1 district are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking regulations. Parking, loading and stacking within the B-1 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. (i) Sign regulations. Signs within the B-1 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. (j) Other regulations. Development within the B-1 district shall be in conformance with the regulations set forth in article II of this chapter. (Ord. No. 21-03, 8-26-2003; Ord. No. 39-03, § I, 12-9-2003; Ord. No. 05-08, 2-12-2008; Ord. No. 42-08, 11-18-2008; Ord. No. 09-10, 2-23-2010; Ord. No. 10-12, § 1, 5-8-2012; Ord. No. 19- 008 , § 1, 6-11-2019) Sec. 94-132. - Business B-2 district. (a) Intent. This district is intended to provide a moderate variety of retail and personal services. This district will include commercial uses whose retail operation and outdoor display of retail merchandise will be compatible with residential neighborhoods. No unscreened outdoor storage is permitted. (b) Scope of section regulations. The regulations set forth in this section or set forth elsewhere in this title, when referred to in this section, are the district regulations of the Business B -2 district. (c) Permitted uses. Permitted uses in the B-2 district are as follows: (1) All permitted uses in the B-1 central district. (2) Grocery supermarket. (3) Drive-in food service. (4) Funeral home or mortuary. (5) Gas dispensing station. (6) Automobile sales. (7) Community center. (8) Roadside stand. (9) Drinking establishment. (10) Telecommunications tower. (d) Permitted special uses. A building or premises in the B-2 district may be used for the following purposes in conformance with the conditions prescribed in this subsection: (1) Car wash. a. The entire operation shall be within an enclosed structure. b. Drainage shall be contained on the site. (2) Day care facility. a. A four-foot high transparent fence shall be constructed betwee n the play area and the street. b. An off-street pick-up and drop-off area shall be provided. (3) Mixed business/residential use. a. Provisions of article II of this chapter shall govern all residential uses. b. A site plan showing off-street parking for each use shall be submitted. (4) Citizen's drop-off for recyclables. a. Containers or bins shall be provided for all waste material. b. No container shall be located within 100 feet of a residential district. (5) Brewpub. a. The area used for brewing, including bottling and kegging, shall not exceed 25 percent of the total floor area of a combined restaurant and drinking establishment and 50 percent of the total floor area of a drinking establishment without restaurant services. b. A malt beverage manufacturer's license must be obtained per state law. c. An alcohol beverage license must be obtained per city ordinance. d. The brewery shall not produce more than 1,500 barrels of beer and ale per year. A barrel contains 31 gallons. (6) Governmental administration and services, such as offices, firehouse, police and like uses; however, this section shall not be interpreted to permit such uses as warehousing, storage of vehicles, heavy equipment or supplies. (7) Public library or museum. a. One of the frontages of the premises shall abut upon an arterial or collector street. (8) Indoor recreation facility. a. The use must be contained within a building. b. All equipment and materials shall be stored inside the building. (e) Conditional uses. Conditional uses in the B-2 district are as follows: (1) Wholesale trade. (2) Automobile service station. (3) Repair garage. (4) Freight handling. (5) Domestic abuse shelter. (6) Apartment. (7) Small animal clinic. (8) Church. (9) Outdoor sales. (10) Broadcast tower. (f) Density, area, yard and height regulations. The density, area, yard and height regulations in t he B-2 district are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height Commercial uses 15,000 100 feet 25 feet 5 feet* 20 feet* 45 feet Other allowable uses 15,000 100 feet 25 feet 7 feet** 20 feet 45 feet *A 40-foot landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. Reference to 94-399.1 Bufferyards. **The side yard will be required to be increased to ten feet if the building is three or m ore stories in height. (g) Accessory uses. Accessory uses and building permitted in the B-2 district are buildings and uses customarily incidental to any of the perm itted uses in the B-2 district. (h) Parking regulations. Parking, loading and stacking within the B-2 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. (i) Sign regulations. Signs within the B-2 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. (j) Other regulations. Development within the B-2 district shall be in conformance with the regulations set forth in article II of this chapter. (Ord. No. 21-03, 8-26-2003; Ord. No. 24-03, § I, 8-26-2003; Ord. No. 09-10, 2-23-2010; Ord. No. 18-014 , § II, 10-9-2018; Ord. No. 19-008 , § 1, 6-11-2019) Sec. 94-133. - Business B-2A office district. (a) Intent. This district is intended to provide for a mixture of office and other compatible and complimentary uses. This district is intended to be located in close proximity to commercial uses or used as a transitional zone between commercial and residential uses. An emphasis shall be placed on landscaping and site arrangement. (b) Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Business B-2A office district. (c) Permitted uses. (1) Office building. (2) Funeral home or mortuary. (3) Broadcast station or studio. (d) Permitted special uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein: (1) Service store or hair salon. a. Floor area shall not exceed 2,000 square feet. b. No tanning beds shall be allowed in conjunction with these uses. (2) Personal health service. a. Hospital not allowed. (3) Coffee house. a. Floor area of the use shall not exceed 1,000 square feet. (e) Conditional uses. (1) Home occupation. (2) Mixed business/residential use. (3) Financial services. (4) Community center. (5) Broadcast tower. (f) Density, area, yard and height regulations. The B-2A district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 25 feet 5 feet* 20 feet* 35 feet *A 25-foot landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. Reference to 94-399.1 Bufferyards. (g) Accessory uses. Accessory uses and building permitted in the B-2A district are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking regulations. Parking, loading and stacking within the B-2A district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. (i) Sign regulations. Signs within the B-2A district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. (j) Other regulations. Development within the B-2A district shall be in conformance with the regulations set forth in article II of this chapter. (Ord. No. 21-03, 8-26-2003; Ord. No. 07-07, § I, 2-27-2007; Ord. No. 04-12, § 1, 3-27-2012; Ord. No. 18-014 , § III, 10-9-2018) Sec. 94-134. - Business B-3 heavy district. (a) Intent. This district is intended to provide for a wide variety of retail services. This district will include commercial uses requiring large land areas, extensive retail operations and outdoor display of merchandise. Inventory and material storage shall be screened. (b) Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Business B-3 heavy district. (c) Permitted uses. (1) Retail or service store. (2) Personal service store. (3) Financial services. (4) Public transportation facility. (5) Public utility facility. (6) Parking facility or lot. (7) Grocery supermarket. (8) Drive-in food service. (9) Gas dispensing station. (10) Reserved. (11) Car wash. (12) Indoor or outdoor recreational facility. (13) Temporary storage facility. (14) Automobile sales. (15) Office building. (16) Roadside stand. (17) Drinking establishment. (18) Telecommunications towers. (19) Emergency services. (20) Personal health services. (d) Permitted special uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein: (1) Outdoor sales. a. Used parts and other material storage shall be screened from adjoining property. (2) Wholesale trade with warehousing. a. All inventory shall be stored within a completely enclosed building. (3) Lumberyard. a. The lumber storage area shall be at the rear of the building and screened from any arterial street or residential district. b. Seasonal outdoor displays shall not reduce the number of required parking spaces on the lot below the minimum requirements. (4) Nursery or greenhouse. a. Any land used to grow flowers, shrubs or trees shall not be located within 50 feet of an arterial street. (5) Reverse vending machine. a. A trash receptacle shall be provided on-site. (6) Automobile service station. a. No fuel delivery pump shall be located within 20 feet of any side lot line or right -of-way line. No fuel pump shall be located within 50 feet of the side or rear lot line a butting a residential district. b. All repair work shall be done within a completely enclosed building. c. All used automobile parts and dismantled vehicles shall be s creened from adjacent property. (7) Citizen's drop-off for recyclables. a. No container shall be located within 100 feet of a residential district. (8) Motor vehicle repair shop. a. All repair work shall be done within a completely enclosed building. b. All used automobile parts and dismantled vehicles shall be s creened from adjacent property. (9) Motel or hotel. a. A minimum lot area of 1,000 square feet shall be provided f or each sleeping room or suite. (10) Equipment rental store. a. An on-premises pickup and drop-off area shall be provided. b. Outdoor displays shall not reduce the number of required parking spaces on the lot below the minimum requirements. (11) Auction house. a. An on-premises pickup and drop-off area shall be provided. b. Outdoor displays shall not reduce the number of required parking spaces on the lot below the minimum requirements. (12) Semi-trailer storage. a. Storage shall not be permitted in the minimum front yard setback. (13) Extended stay motel. a. A minimum lot area of 1,000 square feet shall be provided for each sleeping room or suite. (14) Brewpub. a. The area used for brewing, including bottling and kegging, shall not exceed 25 percent of the total floor area of a combined restaurant and drinking establishment and 50 percent of the total floor area of a drinking establishment without restaurant services. b. A malt beverage manufacturer's license must be obtained per state law. c. An alcohol beverage license must be obtained per city ordinance. d. The brewery shall not produce more than 1,500 barrels of beer and ale per year. A barrel contains 31 gallons. (15) Microbrewery. a. The production of malt beverages shall be limited to 15,000 barrels per year or less. b. A malt beverage manufacturer's license must be obtained per state law. c. All grain shipments and spent grain shall be contained within a completely enclosed building. (16) Contractor's shop. a. All equipment and materials shall be contained within a completely enclosed building. (17) Farm/feed store. a. No retail sale items in bulk form shall be permitted as outside display. b. All outside retail items shall only be displayed adjacent to the building. (18) Animal hospital. a. All cremation equipment and processes must be confined within an enclosed building. b. Deceased animal storage areas must be completely within an enclosed building at all times. (e) Conditional uses. (1) Assembling and packaging. (2) Freight handling. (3) Manufacturing, light. (4) Mixed business/residential use. (5) Contractors shop and storage yard. (6) Buy back center for recyclables. (7) Household hazardous waste site. (8) Light processing facility. (9) Transfer site for recyclables. (10) Day care facility. (11) Kennel. (12) Truck and trailer rentals. (13) Farm implement sales. (14) Broadcast tower. (15) Wholesale trades with storage yard. (f) Density, area, yard and height regulations. The B-3 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 20 feet 5 feet* 20 feet* 45 feet *A 50-foot landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. Reference to 94-399.1 Bufferyards. (g) Accessory uses. Accessory uses and building permitted in the B-3 district are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking regulations. Parking, loading and stacking within the B-3 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. (i) Sign regulations. Signs within the B-3 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. (j) Other regulations. Development within the B-3 district shall be in conformance with the regulations set forth in article II of this chapter. (Ord. No. 21-03, 8-26-2003; Ord. No. 42-08, 11-18-2008; Ord. No. 29-09, § 1, 11-17-2009; Ord. No. 09-10, 2-23-2010; Ord. No. 18-12, § 2, 7-10-2012; Ord. No. 15-020 , § 2, 12-8-2015; Ord. No. 17-005 , § I, 2-28-2017; Ord. No. 18-014 , § IV, 10-9-2018) Sec. 94-135. - Business B-4 highway district. (a) Intent. This district is intended to provide for aesthetically designed commercial areas primarily near and adjacent to major arterials. Uses shall generally be highway oriented, involving intensive retail, general merchandise and other light commercial uses. Outdoor storage is not allowed. (b) Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Business B-4 highway district. (c) Permitted uses. (1) Retail or service store. (2) Gas dispensing station. (3) Truck stop with truck wash. (4) Public transportation facility. (5) Public utility facility. (6) Grocery supermarket. (7) Drive-in food service. (8) Reserved. (9) Indoor or outdoor recreational facilit y. (10) Parking facility or lot. (11) Automobile service station. (12) Financial institution. (13) Drinking Establishment. (14) Seasonal roadside stand. (15) Telecommunications tower. (16) Office building. (17) Personal health services. (d) Permitted special uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein: (1) Reverse vending machine. a. A trash receptacle shall be provided on-site. (2) Outdoor sales. a. Used parts and other material storage shall be screened. (3) Utility trailer and truck rentals. a. An adequate pickup and drop-off area shall be maintained on the lot. (4) Citizen's drop-off for recyclables. a. Containers or bins shall be provided for all waste material. b. No container shall be located within 100 feet of a residential district. (5) Wholesale trade with warehousing and storage. a. All inventory shall be stored within a completely enclosed building. (6) Lumberyard. a. The lumber storage area shall be at the rear of the building and screened from any street or residential district. b. Seasonal outdoor displays shall not reduce the number of parking spaces on the lot below the minimum requirements. (7) Nursery and greenhouse. a. Any land used to grow flowers, shrubs or trees shall not be located within 100 feet of an arterial street. (8) Motel or hotel. a. A minimum lot area of 1,000 square feet shall be provided f or each sleeping room or suite. (9) Equipment rental store. a. An on-premises pickup and drop-off area shall be provided. b. Outdoor displays shall not reduce the number of parking spaces on the lot below the minimum requirements. (10) Auction house. a. An on-premises pickup and drop-off area shall be provided. b. Outdoor displays shall not reduce the number of parking spaces on the lot below the minimum requirements. (11) Extended stay hotel. a. A minimum lot area of 1,000 square feet shall be provided f or each sleeping room or suite. (12) Brewpub. a. The area used for brewing, including bottling and kegging, shall not exceed 25 percent of the total floor area of a combined restaurant and drinking establishment and 50 percent of the total floor area of a drinking establishment without restaurant services. b. A malt beverage manufacturer's license must be obtained per State law. c. An alcohol beverage license must be obtained per city ordinance. d. The brewery shall not produce more than 1,500 barrels of beer and ale per year. A barrel contains 31 gallons. (13) Animal hospital. a. All cremation equipment and processes must be confined within an enclosed building. b. Deceased animal storage areas must be completely within an enclosed building at all times. (e) Conditional uses. (1) Assembling and packaging operation. (2) Freight handling. (3) Manufacturing, light. (4) Buy back center for recyclables. (5) Household hazardous waste. (6) Day care facility. (7) Transfer site for recyclables. (8) Kennel. (9) Farm Implement sales. (10) Broadcast tower. (f) Density, area, yard and height regulations. The B-4 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 40,000* 200 feet** 50 feet 25 feet*** 30 feet*** 50 feet *A lot fronting on a service road or non-arterial right-of-way must have a minimum lot area of 30,000 square feet. **A lot fronting on a service road or non-arterial right-of-way must have a minimum lot width of 150 feet. ***A 40-foot landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. Reference to 94-399.1 Bufferyards. (g) Accessory uses. Accessory uses and building permitted in the B-4 district are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking regulations. Parking, loading and stacking within the B-4 district shall be in conformance with the regulations set forth in division 4 article VI of this chapter. (i) Sign regulations. Signs within the B-4 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. (j) Other regulations. Development within the B-4 district shall be in conformance with the regulations set forth in article II of this chapter. (Ord. No. 21-03, 8-26-2003; Ord. No. 42-08, 11-18-2008; Ord. No. 09-10, 2-23-2010; Ord. No. 15-020 , § 2, 12-8-2015) Sec. 94-135.5. - Business B-5 planned research and business district. (a) Intent. This B-5 district is intended to provide for a mixture of offices, research facilities, financial services, and other compatible and complementary uses in a research and business park setting. This district will emphasize high quality developments by requiring additional regulations for specific site plan elements such as landscaping, parking lots, screening, fencing, lighting, storage and signage. (b) Scope of section regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Business B-5 district. (c) Permitted uses. Permitted uses in the B-5 district are as follows: (1) Office building. (2) Research and development facility. (3) Financial Services. (4) Medical/dental clinic and laboratory. (5) Parking facility. (6) Wholesale trade. (d) Permitted special uses. Permitted special uses in the B-5 district are as follows: (1) Day care facility. a. Any outdoors play area shall be surrounded by a perimeter fence not less than four feet in height. (e) Conditional uses. Conditional uses in the B-5 district are as follows: (1) Assembling and packaging. a. An emphasis shall be placed on landscaping around parking lots, loading areas and storage areas. b. Special attention shall be given to minimizing noise and glare. c. The site area ratio to building area ratio shall not be less than 2:1. (2) Recreation facility. a. Activities that attract spectators shall provide adequate accommodations for crowds that may attend such events. b. Consideration shall be given to the noise and traffic generated and the hours of opera tion of any outdoor activities. (3) Restaurant. (f) Density, area, yard and height regulations. The density, area, yard and height regulations in t he B-5 district are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard* Min. Side Yard Min. Rear Yard Max. Height All uses 40 feet 25 feet** 30 feet** 60 feet *The yard abutting Interstate 29 shall be considered a front yard. **A 40-foot landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. Reference to 94-399.1 Bufferyards. (g) Accessory uses. Accessory uses and buildings permitted in the B-5 district are uses and buildings customarily incidental to any of the permitted uses in the B-5 district with the following restrictions: (1) Accessory buildings shall comply with sections 94-365(b)(1) and 94-394(b) of this chapter. In addition, accessory buildings shall be consistent in col or with the principal building. (h) Parking regulations. Parking, loading and stacking within the B-5 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. (i) Sign regulations. Signs within the B-5 district shall conform to regulations established in division 5, article VI pertaining to the B-2 district. (j) Other regulations. Development within the B-5 district shall be in conformance with the regulations set forth in article II of this chapter. (k) Site plan requirement. (1) All proposed uses within the Business B-5 district shall be accompanied by a site plan. The plan must conform to the following regulations before a zoning and use registration permit is issued. The following data is required: a. A "top-view" and elevation drawing of the size and location of all buildings, structures, walls or other architectural features. b. The location and number of on-premises parking spaces and all internal access drives and vehicular circulation routes. c. The location and width of all ingress and egress points. d. The location and width of all off-street loading docks or service vehicle areas. e. The character, type and extent of landscape development. f. The location and size of areas designated for trash receptacles and outdoor storage. g. The location, height, and facing of all signs. h. The location of public sidewalks. (2) Additional site plan regulations are as follows: a. All parking areas, access drives, vehicular circulation routes, loading and unloading areas shall be hard-surfaced with concrete or asphalt. b. Freight loading and unloading shall face a side or rear yard only. c. Trash receptacles, outdoor storage or outside accumulation of any materials shall be completely screened from view from adjacent properties or any right -of-way and shall only be located in a side or rear yard. d. Landscaped areas shall be developed in the front 20 feet of a front yard and ten feet of a side or rear yard. Landscaped areas shall include shrubbery or trees. A minimum of five trees per acre shall be required based on the total acreage of the site. The requirements of section 94-399 are also applicable and constitute additional site plan requirements. e. Fencing shall be constructed of permanent materials, except that ch ain link fences are prohibited. f. Parking lot lights that are pole mounted shall be a fixed tenon mount parallel to the ground incorporating a "shoebox" design where the light source does not extend below the lens. (Ord. No. 21-03, 8-26-2003) Sec. 94-136. - Industrial I-1 light district. (a) Intent. This district is intended to provide for a number of light manufacturing, light processing, warehousing and service uses. This district includes the supportive commercial uses for the industrial businesses. (b) Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Industrial I-1 light district. (c) Permitted uses. (1) Assembling and packaging. (2) Freight handling. (3) Manufacturing, light. (4) Warehousing. (5) Processing, light. (6) Parking facility or lot. (7) Office building. (8) Truck stop. (9) Automobile service station. (10) Public utility facility. (11) Reverse vending machine. (12) Contractors shop and storage yard. (13) Motor vehicle repair shop. (14) Semi-trailer storage. (15) Farm implement sales. (16) Telecommunications tower. (17) Emergency services. (18) Wholesale trade. (d) Permitted special uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein: (1) Day care facility. a. A four-foot high transparent fence shall be constructed betwee n the play area and the street. b. An off-street pick-up and drop-off area shall be provided. (2) Light processing facility for recyclables. a. All storage and processing areas shall have perimeter fencing on all sides. (3) Buy back center for recyclables. a. A list of the types of recyclable material to be collected shall be approved p rior to the issuance of any permit. (4) Citizens drop-off facility for recyclables. a. Containers or bins shall be provided for all waste material. b. No container shall be located within 100 feet of a residential district. (5) Household hazardous waste site. a. Such uses shall be within a completely enclosed building. b. The applicant must comply with the provisions of all applicable laws and ordinances. (6) Transfer site for recyclables. a. All storage areas shall have perimeter fencing on all sides. b. A list of the types of recyclable material to be collected shall be approved prior to the issuance of any permit. (7) Automobile storage yard. a. Impound area shall be surfaced with gravel, asphalt or concrete. (8) Microbrewery. a. The production of malt beverages shall be limited to 15,000 barrels per year or less. b. A malt beverage manufacturer's license must be obtained per State law. c. A municipal off-sale license must be obtained per city ordinance prior to any sale of the manufacturer's malt beverages. All beverage containers shall be sealed. No on-sale shall be permitted. (9) Outdoor storage. a. All storage areas must have perimeter fencing on all sides. (10) Animal research facility. a. All processes and experimentation must be confined within an enclosed building. b. Animal loading, unloading, and confinement areas must be completely within an enclosed building at all times. c. No outside manure storage is permitted and a waste disposal plan must be approved. d. All buildings used to house animals shall be insulated to reduce noise and designed to reduce or eliminate odors. (11) Indoor recreation facility. a. The use must be contained within a building. b. All equipment and materials shall be stored inside the building. (e) Conditional uses. (1) Kennel. (2) Broadcast tower. (3) Outdoor sales. (4) Concrete plant. (5) SWECS. (f) Density, area, yard and height regulations. The I-1 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 20 feet 20 feet* 20 feet* 50 feet *A 50-foot landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. Reference to 94-399.1 Bufferyards. (g) Accessory uses. Accessory uses and building permitted in the I-1 district are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking regulations. Parking, loading and stacking within the I-1 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. (i) Sign regulations. Signs within the I-1 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. (j) Other regulations. Development within the I-1 district shall be in conformance with the regulations set forth in article II of this chapter. (Ord. No. 21-03, 8-26-2003; Ord. No. 11-04, 5-25-2004; Ord. No. 08-05, § I, 4-19-2005; Ord. No. 29-09, § 1, 11-17-2009; Ord. No. 38-10, § 1, 12-14-2010; Ord. No. 18-12, § 2, 7-10-2012; Ord. No. 15-003 , § 2, 5-12-2015; Ord. No. 19-008 , § 1, 6-11-2019) Sec. 94-137. - Industrial I-2 heavy district. (a) Intent. This district is intended to provide for heavy industrial uses which may create a degree of nuisance which may not be compatible with residential and light commercial uses. All uses in this district shall comply with any State or local regulations regarding noise, emissions, dust, odor, glare, vibration or heat when applicable. (b) Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Industrial I-2 heavy district. (c) Permitted uses. (1) Assembling and packaging. (2) Freight handling. (3) Manufacturing, light. (4) Warehousing. (5) Processing, light. (6) Reverse vending machine. (7) Parking facility or lot. (8) Public utility facility. (9) Truck stop. (10) Automobile service station. (11) Office building. (12) Contractors shop and storage yard. (13) Motor vehicle repair shop. (14) Semi-trailer storage. (15) Farm implement sales. (16) Telecommunications tower. (17) Concrete plant. (18) Emergency services. (19) Farm store/feed store. (20) Outdoor storage. (21) Wholesale trade. (d) Permitted special uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein: (1) Day care facility. a. A four-foot high transparent fence shall be constructed between the play area and the street. b. An off-street pick-up and drop-off area shall be provided. (2) Buy back center for recyclables. a. A list of the types of recyclable material to be collected shall be approv ed prior to the issuance of any permit. (3) Citizens drop-off facility for recyclables. a. Containers or bins shall be provided for all waste material. b. No container shall be located within 100 feet of a residential district. (4) Household hazardous waste site. a. Such uses shall be within a completely enclosed building. b. The applicant must comply with the provisions of all applicable laws and ordinances. (5) Transfer site for recyclables. a. All storage areas shall have perimeter fencing on all sides. b. A list of the types of recyclable material to be collected shall be approved prior to the issuance of any permit. (6) Light processing facility for recyclables. a. All storage and processing areas shall have perimeter fencing on all sides. (7) Automobile storage yard. a. Impound area shall be surfaced with gravel, asphalt or concrete. (8) Microbrewery. a. The production of malt beverages shall be limited to 15,000 barrels per year or less. b. A malt beverage manufacturer's license must be obtained per State law. c. A municipal off-sale license must be obtained per city ordinance prior to any sales on-site of the manufacturer's malt beverages. All beverage containers shall be sealed. No on-sale shall be permitted. (9) Indoor recreation facility. a. The use must be contained within a building. b. All equipment and materials shall be stored inside the building. (e) Conditional uses. (1) Manufacture of acid, cement, lime, gypsum, plaster of paris, asphalt, explosives, fertilizer, glue, sizing, paper, paint, turpentine, yeast, oils, alcohol, bleach or ammonia. (2) Refining of fat, grease, lard, tallow or petroleum. (3) Processing of grain, forage, toxic material, hides or furs. (4) Distillation of products. (5) Junkyard. (6) Stockyards/slaughtering of animals. (7) Rendering. (8) Smelting. (9) Boilerworks. (10) Tank farm. (11) Grain terminal. (12) Crematorium. (13) Personal health services. (14) Kennel. (15) Broadcast tower. (16) Outdoor sales. (17) SWECS. (18) Heavy processing facility for recyclables. (19) Yard waste recycling operation. (f) Density, area, yard and height regulations. The I-2 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 40 feet 20 feet* 20 feet* 50 feet *A 50-foot landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. Reference to 94-399.1 Bufferyards. (g) Accessory uses. Accessory uses and building permitted in the I-2 district are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking regulations. Parking, loading and stacking within the I-2 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. (i) Sign regulations. Signs within the I-2 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. (j) Other regulations. Development within the I-2 district shall be in conformance with the regulations set forth in article II of this chapter. (Ord. No. 21-03, 8-26-2003; Ord. No. 11-04, 5-25-2004; Ord. No. 08-05, § I, 4-19-2005; Ord. No. 29-09, § 1, 11-17-2009; Ord. No. 38-10, § 1, 12-14-2010; Ord. No. 18-12, § 2, 7-10-2012; Ord. No. 19-008 , § 1, 6-11-2019) City Council July 28, 2020 Bufferyard Ordinance Goals Provide Vertical Screening Between Residential and Business/Industrial uses Reduce current landscaped area/buffer distances by providing options Promote land use efficiency while mitigating negative impacts Aiming to minimize impacts associated with varying intensities of land use Promote attractive development What is a Bufferyard? Add Bufferyard to Zoning Ordinance Definition Section: A bufferyard is a unit or setback combined with landscaping, trees, fence, wall, and/or continuous shrubs intended to provide a physical and aesthetic barrier between land uses. Current Regulations Landscaped areas are required between residential and commercial/industrial districts Currently no requirement for vertical screening (trees, shrubs, fences, walls) Landscaped areas consist of grass: parking lots, structures, access drives are not able to be located in a required buffer area Substantial buffer distances ranging from 25’ to 50’ Difficult to mix land uses on constrained sites Does not offer much privacy or screening other than distance New Ordinance Allows option of reducing buffer with the planting of shrubs, trees, or installation of a fence or wall Current regulations providing for wide grassy areas are still option as they may work better on large sites Differentiates requirements based on intensity of zoning districts (more intense uses have more substantial requirements) Provides greater buffer distances in more intense districts such as B-3, I-1, I- 1R, I-2 Districts Considers the impact based on the height of structures (over 30’ in height increases bufferyard) Mandates fencing when more intense districts abut residential districts because immediate screening is necessary Establishes different types of bufferyards based on zoning district, building height, and for structures and parking lots Height Comparison Chart for Reference Street Department Building 25’ to wall City-County Government Center at front entrance 44’ to wall Fox Run Apartments 37’ to average gable Bankstar along 6th Street to wall 27’ Library at front entrance (SW corner) to wall 30’ (buildings taller will require stricter buffer requirements) County Courthouse – west entrance to wall 42’ 6th Street Center (corner of 6th St. & 12th Ave)36’ Lofts at Parkhill (6th St. & 12th Avenue) to wall 48’ Broookings Property Mngt. (Corner of 6th St & 11th Ave)30-31’ to average gable Ordinance Revision Process Development Review Team (DRT) recommends approval Planning Commission recommends approval City Council makes the final decision on ordinance amendments Public comment opportunities at Planning Commission meeting, and City Council meetings Questions and Comments Planning Commission Brookings, South Dakota July 7, 2020 OFFICIAL MINUTES Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Tuesday July 7, 2020, at 5:30 PM in the Community Room #300 on the third floor of the City & County Government Center. Members present were Ashley Biggar, James Drew, Gregg Jorgenson, Jason Meusburger, Lee Ann Pierce, Eric Rasmussen and Aiken. Absent were Greg Fargen and Jacob Mills. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, Al Rogers, Diane Spencer, and Jerry and Judy Cooley. Item #6c – The City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to Section 94-399.1 – Bufferyards. (Biggar/Rasmussen) Motion to approve the ordinance amendments as presented. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6c – The intent with these amendments is to keep the current regulations but offer an additional option in the Business and Commercial area abutting Residential. These regulations could result in a better design by allowing some flexibility. Pierce asked if there is a particular project that staff has in mind which is resulting in the amendments. Bungard stated no, it just allows more flexibility for future development. Struck used a recent variance request that would be a good example of having lots that would be unbuildable if there wasn’t another option for the landscaping/bufferyard standards. Rasmussen asked if changes could be made to the plan after the fact. Struck stated yes if there were changes to the building size or number of buildings on a lot. 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 ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to Section 94-399.1 – Bufferyards. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00 PM on Tuesday, August 11, 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 31st day of July, 2020. ____________________________ 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 20-0312,Version:1 Public Hearing and Action on a request for an On-Off Sale Malt License for MG Oil Company, Marlyn Erickson and Troy Erickson, owners, 722 Western Ave., Suite B, legal description: Lots 1 and 2, Block 1, Suite B, Snyder’s Addition. Summary: The City of Brookings has received an application for an On-Off Sale Malt License for MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners. The location is the former Prairie Lanes at 722 Western Ave., Suite B, Brookings, SD. All required documents have been submitted for this application. Background: A public hearing and action by the local governing body is required. The On-Off Sale Malt License would be effective August 1, 2020, and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Recommendation: Staff recommends approval. Attachments: Memo City Attorney Opinion on AR 48:02:11:02 Legal Notice Proposed Building Plans Map City of Brookings Printed on 7/23/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: July 28, 2020 Subject: New Malt License for The Lanes, Suite B Person(s) Responsible: Bonnie Foster, City Clerk Summary: The City of Brookings has received an application for an On -Off Sale Malt License for MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners. The location is the former Prairie Lanes at 722 Western Ave., Suite B, Brookings, SD. All required documents have been submitted for this application. Background: A public hearing and action by the local governing body is required to approve all alcohol licenses. The On-Off Sale Malt License would be effective August 1, 2020, and is subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Item Details: MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners, purchased Prairie Lanes Inc., dba Prairie Lanes, from Les Nelson, owner, as of January 1, 2020. A transfer of the Liquor License and 10 Video Lottery Machines was approved by the City Council on April 28, 2020. A walk-through of the facility was conducted by City Attorney Steve Britzman, City Clerk Bonnie Foster, and Assistant City Manager Jake Mesh ke on Thursday, July 16, 2020. The walk-through indicated that the bowling alley is undergoing a complete remodeling. As part of the applicant’s plan, they are creating 2 additional spaces within the building where alcoholic beverages will be sold and consumed. In conjunction with these 2 additional spaces, they hope to place up to 10 video lottery machines in each of the additional spaces. In order to satisfy State Video Lottery Regulations, there must be separate and distinct physical facilities maintained and utilized for the sale and consumption of alcoholic beverages for each of these separately described premises. As a result of this plan, the applicant has applied for 2 additional malt beverage licenses for sale and consumption within the same building, which if approved, would be eligible for up to 10 additional video lottery machines each. Our walk through indicates the separate spaces have been designated, and sales and consumption of alcoholic beverages are intended to occur at these 2 additional locations within the building. This would comply with the video lottery requirements if the City Council approves the two On-Off Sale Malt Licenses and if the City Council also approves Video Lottery for these two additional locations within the building. Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in accordance with SDCL Chapter 35 -2 (SDCL 35-2-1 et seq.) and in accordance with the following factors: 1) Type of business which applicant proposes to operate: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. 2) The manner in which the business is operated: on-sale alcoholic beverage operating agreements and alcoholic beverage licenses may not be issued to establishments which are operated in a manner which results in m inors regularly frequenting the establishment. 3) The extent to which minors are employed in such a place of business: on -sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. 4) Adequacy of the police facilities to properly police the proposed location: The city council shall inquire of the city manager whether the police department can adequately police the proposed location. 5) Other factors: The hours that business is conducted shall be considered by the city council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses. (Code 1996, § 5-20) State Law reference - Local license approval, SDCL 35-2-1.2. 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 i n 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 been 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 19 65, 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. Legal Consideration: None Financial Consideration: The On-Off Sale Malt License would be effective August 1, 2020, and then subject to an annual renewal. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Refer to a Study Session 5. Do nothing Staff recommends approval. Supporting Documentation: City Attorney Opinion on AR 48:02:11:02 Proposed Building Plans Legal Notice Map Steve Britzman, City Attorney, opinion on AR 48:02:11:02 April 24, 2020 AR 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who hold more than one license for the on-sale consumption of alcoholic beverages may have machines placed for each license issued provided the following requirements are met: 1) Separate application, qualification, and fees are submitted and approved for each premises licensed for the on-sale consumption of alcoholic beverages; 2) Separate establishment licenses are issued by the lottery for each premises licensed for the on-sale consumption of alcoholic beverages; 3) Separate and distinct physical facilities are maintained and utilized for the sale and consumption of alcoholic beverages for each establishment license approved by the lottery; 4) No more than one establishment license is issued to any person for the same legally described premises contained in the alcoholic beverage license. Source: 16 SDR 27, effective August 18, 1989. General Authority: SDCL 42-7A-21(16). Law Implemented: SDCL 42-7A-41. City Attorney Opinion Subsections 3 and 4 require separate and distinct physical facilities to be maintained and used for the sale and consumption for each establishment license approved by the lottery. This would mean each establishment must be able to serve alcoholic beverages on its own premises from its own equipment, even if they are housed in the same building with another establishment. Section 4 requires a separate establishment for each legally described premises. A legally described premises, in my opinion, means a separate legal description must pertain to each establishment licensed. A legal description can be created by a “recorded deed” which has been filed in the office of the Register of Deeds, or a plat which identifies each establishment with a separate de scription, such as Lot or Parcel A or Parcel B. A plat must also be recorded in the office of the Register of Deeds to create a legal description. Until a legal description is recorded, it cannot create a subdivision of an existing legal description. NOTICE OF PUBLIC HEARING On-Off Sale Malt License – MG Oil Company, dba The Lanes NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on July 28, 2020, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the issuance of an On-Off Sale Malt License, with Video Lottery, for MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners, 722 Western Ave., Suite B, Brookings, South Dakota, legal description: Lots 1 and 2, Block 1, Suite B, Snyder’s Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 20th day of July, 2020. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . 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 20-0314,Version:1 Public Hearing and Action on a request for Video Lottery for MG Oil Company, Marlyn Erickson and Troy Erickson, owners, 722 Western Ave., Suite B, legal description: Lots 1 and 2, Block 1, Suite B, Snyder’s Addition. Summary: The City of Brookings has received a request for Video Lottery for MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners. The location is the former Prairie Lanes, at 722 Western Ave., Brookings, SD. All required documents have been submitted Background: A public hearing and action by the local governing body is required. The Video Lottery License would be effective August 1, 2020, and is subject to an annual renewal. If approved, the application would be forwarded to the State Lottery Office for final action and issuance of the license. Recommendation: Staff recommends approval. Attachments: Memo City Attorney Memo on Video Lottery - 2018.05.02 City Attorney Opinion on AR 48:02:11:02 Video Lottery: SDCL and Administrative Rule Legal Notice Proposed Building Plans Location Map Current Video Lottery List Current Video Lottery Map City of Brookings Printed on 7/23/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: April 28, 2020 Subject: Video Lottery for The Lanes, Suite B Person(s) Responsible: Bonnie Foster, City Clerk Summary: The City of Brookings has received a request for Video Lottery for MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners. The location is the former Prairie Lanes, at 722 Western Ave., Brookings, SD. All required documents have been submitted. Background: A public hearing and action by the local governing body is required. The Video Lott ery License would be effective August 1, 2020, and is subject to an annual renewal. If approved, the application would be forwarded to the State Lottery Office for final action and issuance of the license. Item Details: MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners, purchased Prairie Lanes Inc., dba Prairie Lanes, from Les Nelson, owner, as of January 1, 2020. A transfer of the Liquor License and 10 Video Lottery Machines was approved by the City Council on April 28, 2020. A walk-through of the facility was conducted by City Att orney Steve Britzman, City Clerk Bonnie Foster, and Assistant City Manager Jake Meshke on Thursday, July 16, 2020. The walk-through indicated that the bowling alley is undergoing a complete remodeling. As part of the applicant’s plan, they are creating 2 additional spaces within the building where alcoholic beverages will be sold and consumed. In conjunction with these 2 additional spaces, they hope to place up to 10 video lottery machines in each of the additional spaces. In order to satisfy State Video Lottery Regulations, there must be separate and distinct physical facilities maintained and utilized for the sale and consumption of alcoholic beverages for each of these separately described premises. As a result of this plan, the applicant has applied for 2 additional malt beverage licenses for sale and consumption within the same building, which if approved, would be eligible for up to 10 additional video lottery machines each. Our walk through indicates the separate spaces have been designated, and sales and consumption of alcoholic beverages are intended to occur at these 2 additional locations within the building. This would comply with the video lottery requirements if the City Council approves the two On-Off Sale Malt Licenses and if the City Council also approves Video Lottery for these two additional locations within the building. SDCL 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on -sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on-sale alcoholic beverage license pursuant to subdivisions 35-4-2(12) and (16): 1. The number of establishments currently licensed for video lottery; 2. The proximity of the business to other establishments licensed for video lottery; 3. The type of business and manner in which the applicant proposes to operate it; 4. The location of the business in relation to other businesses, residential areas, or activities within the same general area; 5. The extent to which minors frequent a business connected to the one proposed; and 6. The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35 -4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. Source: SL 1994, ch 329, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011. Legal Consideration: This location has been approved for 10 Video Lottery machines. Action would allow up to 10 additional Video Lottery machines for each malt beverage license approved, resulting in up to 30 Video Lottery machines for this location, if approved. Financial Consideration: Video Lottery fees: $50 per machine per year. Options: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move to a Study Session 5. Do nothing Recommendation: Staff recommends approval. Supporting Documentation: City Attorney Memo on Video Lottery – 2018.05.02 City Attorney Opinion on AR 48:02:11:02 Video Lottery: SDCL and Administrative Rule Legal Notice Proposed Building Plans Location Map Current Video Lottery List Current Video Lottery Map Steven J. Britzman Brookings City Attorney 521 Sixth Street, Suite 104 Telephone (605) 697-9058 Brookings, South Dakota 57006 Facsimile (605) 697-9060 Email: britzmanlaw@brookings.net _____________________________________________________________ Memorandum To: Mayor Keith Corbett and Council Members, Jeff Weldon, City Manager, and Shari Thornes, City Clerk From: Steven J. Britzman, City Attorney Date: May 2, 2018 Re: Municipal Regulation of Video Lottery location Pre-empted by State Law Conclusion: State law does allow a municipality to consider the following criteria for authorizing video lottery machine placement when issuing an on-sale wine or malt beverage license (no other type of alcoholic beverage license). The criteria, as fully set forth below, include the number of establishments currently licensed for video lottery, the proximity of the business to other establishments licensed for video lottery, the type of business and manner in which the applicant proposes to operate it, the location of the business in relation to other businesses, residential areas, or activities within the same general area, the extent to which minors frequent a business connected to the one proposed, and the effect the proposed business has on economic development. I believe the final determination is made by the South Dakota lottery, but at least with respect to two alcoholic beverage license types—on-sale wine and malt beverages—the city can consider these State law criteria with respect to the decision whether to authorize video lottery machine placement in the proposed establishment. No other City ordinance or Home Rule Charter provision is applicable to the decision making. Please let me know if you have any comments or questions concerning this opinion. Discussion: The South Dakota Supreme Court case of Law v. City of Sioux Falls (2011), resolved a number of questions concerning the ability of a municipality to regulate video lottery and in particular the location of video lottery. The Supreme Court ruled: It specifically gave only the executive director [of the State Lottery Commission] the power to approve or disapprove any application for a license. SDCL 42-7A-57. In doing so, it provided that the director consider the application’s proposed location…. In only one statute is a municipality given any power with regard to video lottery. SDCL 42-7A-64 allows a municipality to consider, when issuing two types of on-sale alcoholic beverage licenses, certain factors relevant to the placement of video lottery machines. Municipalities, however, are not given any power to license video lottery establishments, or otherwise control the location of such establishments. See SDCL 42-7A-64. [¶14] Based on the character of the obligations imposed by the Legislature, we see no delegation of power or responsibilities to municipalities and no entrusting to municipalities the control video lottery. Rather, the statutes place all burdens upon the State. Thus, we conclude that South Dakota’s legislative video lottery scheme is sufficiently comprehensive to make reasonable the inference – 2 – JULY 20, 2020 2 that the Legislature left no room for supplementary regulation of video lottery by municipalities. It is immaterial that the City is governed by a home-rule charter or empowered to enact zoning regulations. SDCL 42-7A-64 is restricted in its application to applicants for a wine retailer alcoholic beverage license and to applicants for malt beverage licenses. In these two limited circumstances, a municipality may consider, in addition to the criteria for the issuance of an on- sale wine or malt beverage license, “the following criteria for authorizing video lottery machine placement issued an on-sale wine or malt beverage license”: (1) The number of establishments currently licensed for video lottery; (2) The proximity of the business to other establishments licensed for video lottery; (3) The type of business and manner in which the applicant proposes to operate it; (4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; (5) The extent to which minors frequent a business connected to the one proposed; and (6) The effect the proposed business has on economic development. The Full Text of the Statute is set forth below: 42-7A-64 Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on-sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on-sale alcoholic beverage license pursuant to subdivisions 35-4-2(12) and (16): (1) The number of establishments currently licensed for video lottery; (2) The proximity of the business to other establishments licensed for video lottery; (3) The type of business and manner in which the applicant proposes to operate it; (4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; (5) The extent to which minors frequent a business connected to the one proposed; and (6) The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. Steve Britzman, City Attorney, opinion on AR 48:02:11:02 April 24, 2020 AR 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who hold more than one license for the on-sale consumption of alcoholic beverages may have machines placed for each license issued provided the following requirements are met: 1) Separate application, qualification, and fees are submitted and approved for each premises licensed for the on-sale consumption of alcoholic beverages; 2) Separate establishment licenses are issued by the lottery for each premises licensed for the on-sale consumption of alcoholic beverages; 3) Separate and distinct physical facilities are maintained and utilized for the sale and consumption of alcoholic beverages for each establishment license approved by the lottery; 4) No more than one establishment license is issued to any person for the same legally described premises contained in the alcoholic beverage license. Source: 16 SDR 27, effective August 18, 1989. General Authority: SDCL 42-7A-21(16). Law Implemented: SDCL 42-7A-41. City Attorney Opinion Subsections 3 and 4 require separate and distinct physical facilities to be maintained and used for the sale and consumption for each establishment license approved by the lottery. This would mean each establishment must be able to serve alcoholic beverages on its own premises from its own equipment, even if they are housed in the same building with another establishment. Section 4 requires a separate establishment for each legally described premises. A legally described premises, in my opinion, means a separate legal description must pertain to each establishment licensed. A legal description can be created by a “recorded deed” which has been filed in the office of the Register of Deeds, or a plat which identifies each establishment with a separate de scription, such as Lot or Parcel A or Parcel B. A plat must also be recorded in the office of the Register of Deeds to create a legal description. Until a legal description is recorded, it cannot create a subdivision of an existing legal description. Video Lottery State Statues and Administrative Rule SDCL 42-7A-1. Definitions. Terms used in this chapter mean: (6) "Licensed establishment," a bar or lounge owned or managed by an individual, partnership, corporation, or association licensed to sell alcoholic beverages for consumption upon the premises where sold; SDCL 42-7A-37.1. Restrictions on licensed establishment. A business licensed pursuant to subdivisions 35-4-2(12) and (16) may not be a licensed establishment for video lottery placement pursuant to subdivision 42-7A-1(6) unless it is a bar or lounge. For the purposes of this section, a bar or lounge is an enterprise primarily maintained and operated for the selling, dispensing, and consumption of alcoholic beverages on the premises and may also include the sale and service of food. A bar or lounge may be physically connected to another enterprise within the same building, which enterprise may be owned or operated by the same person. There may be interior access between a bar or lounge and a connected enterprise. However, there shall be a floor to ceiling opaque wall separation between the two enterprises. A separation wall may be constructed to provide visual and physical access for employees from areas in the building not open to the public. The bar or lounge shall have a separate entrance and exit. A separate entrance and exit is not required if entrance to the bar may only be obtained from the other distinct enterprise and the public may not enter the other enterprise by first passing through the bar or lounge. All video lottery machines shall be adequately monitored during business hours. Adequate monitoring shall be accomplished by the personal presence of an employee or by an employee using video cameras or mirrors and periodic inspections of the bar or lounge. No new license may be issued to any establishment after July 1, 1992, unless such establishment complies with this section. No license may be renewed to any establishment after July 1, 1993, unless such establishment complies with this section. SDCL 42-7A-44. Rules for placement of video lottery machines--Number limited-- Placement in bar or lounge with on-sale license. The placement of video lottery machines in licensed establishments shall be subject to the rules of the com mission promulgated pursuant to chapter 1-26. No more than ten video lottery machines may be placed in any licensed establishment. The bar or lounge with an on -sale license issued pursuant to subdivision 35-4-2(12) or (16) shall be restricted to persons twenty-one years of age or older. The entrance to the area where video lottery machines are located shall display a sign that the premises are restricted to persons twenty-one years or older. Notwithstanding the restrictions in § 35-4-79, persons under the age of twenty- one may only enter the premises where video lottery machines are located provided they are accompanied by a parent, guardian, or spouse of twenty-one years or older. 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on-sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on- sale alcoholic beverage license pursuant to subdivisions 35 -4-2(12) and (16): 1) The number of establishments currently licensed for video lottery; 2) The proximity of the business to other establishments licensed for video lottery; 3) The type of business and manner in which the applicant proposes to operate it; 4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; 5) The extent to which minors frequent a business connected to the one proposed; and 6) The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. Administrative Rules: 48:02:11:01. Location of machines in establishment. All video lottery machines in licensed establishments must be physically located as follows: 1) In the sight and control of the owner, manager, or an employee of the licensed establishment from the location at which alcoholic beverages are dispensed; 2) In an area where alcoholic beverages are regularly dispensed and consumed in the ordinary and usual course of business; 3) In an area that ensures public access to the machines is restricted to persons legally entitled by age to be on the premises; 4) In an area which is at all times monitored by the owner, manager, or employee of the licensed establishment to prevent access or play of video lottery machines by persons under the age of 21. 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who hold more than one license for the on-sale consumption of alcoholic beverages may have machines placed for each license issued provided the following requirements are met: 1) Separate application, qualification, and fees are submitted and approved for each premises licensed for the on-sale consumption of alcoholic beverages; 2) Separate establishment licenses are issued by the lottery for each premises licensed for the on-sale consumption of alcoholic beverages; 3) Separate and distinct physical facilities are maintained and utilized for the sale and consumption of alcoholic beverages for each establishment license approved by the lottery; 4) No more than one establishment license is issued to any person for the same legally described premises contained in the alcoholic beverage license. 48:02:05:05. Duties of licensed establishments. Specific duties of owners, managers, and designated employees of licensed establishments are as follows: 1) Provide a secure premise for the placement, operation, and play of video lottery machines; 2) Permit no one to tamper with or interfere with the approved operation of any video lottery machine; 3) Ensure that communication lines to the video lottery machines are at all times connected and prevent any person from tampering or interfering with the approved, continuing operation of the lines; 4) Contract only with persons authorized under this title to directly share in revenues generated from net machine income; 5) Ensure that video lottery machines are placed and remain as placed within the sight and control of the owner, manager, or designated employee while engaging in the actual dispensing of alcoholic beverages from the location where alcoholic beverages are dispensed; 6) Ensure that video lottery machines are placed and remain as placed in the specific area of the licensed establishment where alcoholic beverages are regularly dispensed and consumed in the ordinary and usual course of business; 7) Monitor video lottery machines to prevent access to or play by persons who are under the age of 21 years or who are visibly intoxicated; 8) Commit no violations of the laws of this state concerning the sale, dispensing, and consumption on premises of alcoholic beverages that results in suspension or revocation of its license; 9) Maintain at all times change and cash in the denominations accepted by the video lottery machines located in the establishment; 10) Extend no credit for video lottery machine play; 11) Pay all credits upon presentment of a valid winning ticket in accordance with SDCL 42-7A-37 and chapter 48:02:12; 12) Exercise caution and good judgment in providing cash for checks presented for video lottery machine play; 13) Report promptly all malfunctions of video lottery machines to the operator and notify the lottery of an operator's failure to provide service and repair of machines and associated equipment as required under this title; 14) Conduct advertising and promotional activities of the video lottery in acc ordance with decency, dignity, honesty, and good taste so that it does not reflect adversely on the lottery or the state of South Dakota; 15) Install, post, and display prominently at locations within or about the premises signs, redemption information, and other promotional material as required by the lottery. Use of the trademarked video lottery logo must be approved by the lottery; 16) Immediately notify operators of all out-of-service machines; and 17) Immediately notify the lottery of an operator's failure to respond within 24 hours after notice to the operator of an out-of-service machine. NOTICE OF PUBLIC HEARING On-Off Sale Malt License – MG Oil Company, dba The Lanes NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on July 28, 2020, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the issuance of an On-Off Sale Malt License, with Video Lottery, for MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners, 722 Western Ave., Suite B, Brookings, South Dakota, legal description: Lots 1 and 2, Block 1, Suite B, Snyder’s Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 20th day of July, 2020. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . 2020 Alcohol Licensees with Video Lottery Current # Video Business Lottery Machines Location 1 9 Bar Nightclub (Nine Inc.)5 303 Main Ave. 2 BP of Brookings, Inc.10 2420 6th St. 3 Buffalo Wild Wings Bar & Grill 2 1801 6th St. 4 Carpy's Pub 10 714 22nd Ave. So. 5 Casino 2000 10 622 25th Ave. 6 Cubby's Sports Bar & Grill (GDT Inc.)7 307 Main Ave. 7 Danny's 10 703 Main Ave. So. 9 Deuces Casino, Suite 105A (Commonwealth Gaming & Holdings, Co.)10 223 6th St. 10 Deuces Casino, Suite 105B (Common Wealth Gaming & Holdings, Co.)10 223 6th St. 11 Deuces Casino, Suite 105C (Commonwealth Gaming & Holdings, Co.)10 223 6th St. 12 Gas 'n Mor (Brookings Developers Inc.)10 600 6th St. 13 Jim's Tap 3 309 Main Ave. 14 Main Street Pub 4 408 Main Ave. 15 Park Hospitality Inc.0 2500 6th St. 16 Pints & Quarts 3 313 Main Ave. 17 PNP Pub (Schoon's Pub Inc.)10 318 2nd St. So. 18 Ray's Corner (Fergen Enterprises Inc.)10 401 Main Ave. 19 Schoon's Pump N' Pak South (Schoon's Properties Inc.)10 1205 Main Ave. So. 20 Skinner's Pub, Inc.9 300 Main Ave. 21 South Main Casino & Pub (SVK Properties, LLC)10 615 Main Ave. So. 22 Sully's Irish Pub (B&L Sullivan Inc.)7 421 Main Ave. 23 The Clothes Line Lounge - INACTIVE 0 727 Wilson Ave. 24 The Depot (ERL, LLC)10 921 20th St. So. 25 The Lanes (MG Oil Company)10 722 Western Ave. 26 The Lodge / Den Wil Hospitality Group, Inc 3 2515 6th St. 27 The Ram (Jack's Entertainment, LLC)0 327 Main Ave. 28 The Wild Hare (Wonder, Inc.)10 303 3rd St. 29 VFW Geo Dokken Post 2118 3 520 Main Ave. TOTAL MACHINES 196 Video Lottery machines in Brookings *** For list of machine locations see attached document 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 20-0313,Version:1 Public Hearing and Action on a request for an On-Off Sale Malt License for MG Oil Company, Marlyn Erickson and Troy Erickson, owners, 722 Western Ave., Suite C, legal description: Lots 1 and 2, Block 1, Suite C, Snyder’s Addition. Summary: The City of Brookings has received an application for an On-Off Sale Malt License for MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners. The location is the former Prairie Lanes at 722 Western Ave., Brookings, SD. All required documents have been submitted for this application. Background: A public hearing and action by the local governing body is required. The On-Off Sale Malt License would be effective August 1, 2020, and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Recommendation: Staff recommends approval. Attachments: Memo City Attorney Opinion on AR 48:02:11:02 Legal Notice Proposed Building Plans Map City of Brookings Printed on 7/23/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: July 28, 2020 Subject: New Malt License for The Lanes, Suite C Person(s) Responsible: Bonnie Foster, City Clerk Summary: The City of Brookings has received an application for an On -Off Sale Malt License for MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners. The location is the former Prairie Lanes at 722 Western Ave., Brookings, SD. All required documents have been submitted for this application. Background: A public hearing and action by the local governing body is required to approve all alcohol licenses. The On-Off Sale Malt License would be effective August 1, 2020, and is subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Item Details: MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners, purchased Prairie Lanes Inc., dba Prairie Lanes, from Les Nelson, owner, as of January 1, 2020. A transfer of the Liquor License and 10 Video Lottery Machines was approved by the City Council on April 28, 2020. A walk-through of the facility was conducted by City Attorney Steve Britzman, City Clerk Bonnie Foster, and Assistant City Manager Jake Meshke on Thursday, July 16, 2020. The walk-through indicated that the bowling alley is undergoing a complete remodeling. As part of the applicant’s plan, they are creating 2 additional spaces within the building where alcoholic beverages will be sold and consumed. In conjunction with these 2 additional spaces, they hope to place up to 10 video lottery machines in each of the additional spaces. In order to satisfy State Video Lottery Regulations, there must be separate and distinct physical facilities maintained and utilized for the sale and consumption of alcoholic beverages for each of these separately described premises. As a result of this plan, the applicant has applied for 2 addit ional malt beverage licenses for sale and consumption within the same building, which if approved, would be eligible for up to 10 additional video lottery machines each. Our walk through indicates the separate spaces have been designated, and sales and consumption of alcoholic beverages are intended to occur at these 2 additional locations within the building. This would comply with the video lottery requirements if the City Council approves the two On-Off Sale Malt Licenses and if the City Council also approves Video Lottery for these two additional locations within the building. Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in accordance with SDCL Chapter 35 -2 (SDCL 35-2-1 et seq.) and in accordance with the following factors: 1) Type of business which applicant proposes to operate: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. 2) The manner in which the business is operated: on-sale alcoholic beverage operating agreements and alcoholic beverage licenses may not be issued to establishments which are operated in a manner which results in minors regul arly frequenting the establishment. 3) The extent to which minors are employed in such a place of business: on -sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. 4) Adequacy of the police facilities to properly police the proposed location: The city council shall inquire of the city manager whether the police department can adequately police the proposed location. 5) Other factors: The hours that business is conducted shall be considered by the city council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses. (Code 1996, § 5-20) State Law reference - Local license approval, SDCL 35-2-1.2. 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 i n 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 been 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 19 65, 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. Legal Consideration: None Financial Consideration: The On-Off Sale Malt License would be effective August 1, 2020, and then subject to an annual renewal. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Refer to a Study Session 5. Do nothing Staff recommends approval. Supporting Documentation: City Attorney Opinion on AR 48:02:11:02 Proposed Building Plans Legal Notice Map Steve Britzman, City Attorney, opinion on AR 48:02:11:02 April 24, 2020 AR 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who hold more than one license for the on-sale consumption of alcoholic beverages may have machines placed for each license issued provided the following requirements are met: 1) Separate application, qualification, and fees are submitted and approved for each premises licensed for the on-sale consumption of alcoholic beverages; 2) Separate establishment licenses are issued by the lottery for each premises licensed for the on-sale consumption of alcoholic beverages; 3) Separate and distinct physical facilities are maintained and utilized for the sale and consumption of alcoholic beverages for each establishment license approved by the lottery; 4) No more than one establishment license is issued to any person for the same legally described premises contained in the alcoholic beverage license. Source: 16 SDR 27, effective August 18, 1989. General Authority: SDCL 42-7A-21(16). Law Implemented: SDCL 42-7A-41. City Attorney Opinion Subsections 3 and 4 require separate and distinct physical facilities to be maintained and used for the sale and consumption for each establishment license approved by the lottery. This would mean each establishment must be able to serve alcoholic beverages on its own premises from its own equipment, even if they are housed in the same building with another establishment. Section 4 requires a separate establishment for each legally described premises. A legally described premises, in my opinion, means a separate legal description must pertain to each establishment licensed. A legal description can be created by a “recorded deed” which has been filed in the office of the Register of Deeds, or a plat which identifies each establishment with a separate description, such as Lot or Parcel A or Parcel B. A plat must also be recorded in the office of the Register of Deeds to create a legal description. Until a legal description is recorded, it cannot create a subdivision of an existing legal description. NOTICE OF PUBLIC HEARING On-Off Sale Malt License – MG Oil Company, dba The Lanes NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on July 28, 2020, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the issuance of an On-Off Sale Malt License, with Video Lottery, for MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners, 722 Western Ave., Suite C, Brookings, South Dakota, legal description: Lots 1 and 2, Block 1, Suite C, Snyder’s Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 20th day of July, 2020. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . 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 20-0315,Version:1 Public Hearing and Action on a request for Video Lottery for MG Oil Company, Marlyn Erickson and Troy Erickson, owners, 722 Western Ave., Suite C, legal description: Lots 1 and 2, Block 1, Suite C, Snyder’s Addition. Summary: The City of Brookings has received a request for Video Lottery for MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners. The location is the former Prairie Lanes, at 722 Western Ave., Brookings, SD. All required documents have been submitted Background: A public hearing and action by the local governing body is required. The Video Lottery License would be effective August 1, 2020, and is subject to an annual renewal. If approved, the application would be forwarded to the State Lottery Office for final action and issuance of the license. Recommendation: Staff recommends approval. Attachments: Memo City Attorney Memo on Video Lottery - 2018.05.02 City Attorney Opinion on AR 48:02:11:02 Video Lottery: SDCL and Administrative Rule Legal Notice Proposed Building Plans Location Map Current Video Lottery List Current Video Lottery Map City of Brookings Printed on 7/23/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: April 28, 2020 Subject: Video Lottery for The Lanes, Suite C Person(s) Responsible: Bonnie Foster, City Clerk Summary: The City of Brookings has received a request for Video Lottery for MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners. The location is the former Prairie Lanes, at 722 Western Ave., Brookings, SD. All required documents have been submitted Background: A public hearing and action by the local governing body is required. The Video Lottery License would be effective August 1, 2020, and is subject to an annual renewal. If approved, the application would be forwarded to the State Lotte ry Office for final action and issuance of the license. Item Details: MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners, purchased Prairie Lanes Inc., dba Prairie Lanes, from Les Nelson, owner, as of January 1, 2020. A transfer of the Liquor License and 10 Video Lottery Machines was approved by the City Council on April 28, 2020. A walk-through of the facility was conducted by City Attorney Steve Britzman, City Clerk Bonnie Foster, and Assistant City Manager Jake Meshke on Thursday, July 16, 2020. The walk-through indicated that the bowling alley is undergoing a complete remodeling. As part of the applicant’s plan, they are creating 2 additional spaces within the building where alcoholic beverages will be sold and consumed. In conjunction with these 2 additional spaces, they hope to place up to 10 video lottery machines in each of the additional spaces. In order to satisfy State Video Lottery Regulations, there must be separate and distinct physical facilities maintained and utilized for the sale and consumption of alcoholic beverages for each of these separately described premises. As a result of this plan, the applicant has applied for 2 additional malt beverage licenses for sale and consumption within the same building, which if approved, would be eligible for up to 10 additional video lottery machines each. Our walk through indicates the separate spaces have been designated, and sales and consumption of alcoholic beverages are intended to occur at these 2 additional locations within the building. This would comply with the video lottery requirements if the City Council approves the two On-Off Sale Malt Licenses and if the City Council also approves Video Lottery for these two additional locations within the building. SDCL 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on -sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on-sale alcoholic beverage license pursuant to subdivisions 35-4-2(12) and (16): 1. The number of establishments currently licensed for video lottery; 2. The proximity of the business to other establishments licensed for video lottery; 3. The type of business and manner in which the applicant proposes to operate it; 4. The location of the business in relation to other businesses, residential areas, or activities within the same general area; 5. The extent to which minors frequent a business connected to the one proposed; and 6. The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35 -4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing vi deo lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. Source: SL 1994, ch 329, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011. Legal Consideration: This location has been approved for 10 Video Lottery machines. Action would allow up to 10 additional Video Lottery machines for each malt beverage license approved, resulting in up to 30 Video Lottery machines for this location, if approved. Financial Consideration: Video Lottery fees: $50 per machine per year. Options: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move to a Study Session 5. Do nothing Recommendation: Staff recommends approval. Supporting Documentation: City Attorney Memo on Video Lottery – 2018.05.02 City Attorney Opinion on AR 48:02:11:02 Video Lottery: SDCL and Administrative Rule Legal Notice Proposed Building Plans Location Map Current Video Lottery List Current Video Lottery Map Steven J. Britzman Brookings City Attorney 521 Sixth Street, Suite 104 Telephone (605) 697-9058 Brookings, South Dakota 57006 Facsimile (605) 697-9060 Email: britzmanlaw@brookings.net _____________________________________________________________ Memorandum To: Mayor Keith Corbett and Council Members, Jeff Weldon, City Manager, and Shari Thornes, City Clerk From: Steven J. Britzman, City Attorney Date: May 2, 2018 Re: Municipal Regulation of Video Lottery location Pre-empted by State Law Conclusion: State law does allow a municipality to consider the following criteria for authorizing video lottery machine placement when issuing an on-sale wine or malt beverage license (no other type of alcoholic beverage license). The criteria, as fully set forth below, include the number of establishments currently licensed for video lottery, the proximity of the business to other establishments licensed for video lottery, the type of business and manner in which the applicant proposes to operate it, the location of the business in relation to other businesses, residential areas, or activities within the same general area, the extent to which minors frequent a business connected to the one proposed, and the effect the proposed business has on economic development. I believe the final determination is made by the South Dakota lottery, but at least with respect to two alcoholic beverage license types—on-sale wine and malt beverages—the city can consider these State law criteria with respect to the decision whether to authorize video lottery machine placement in the proposed establishment. No other City ordinance or Home Rule Charter provision is applicable to the decision making. Please let me know if you have any comments or questions concerning this opinion. Discussion: The South Dakota Supreme Court case of Law v. City of Sioux Falls (2011), resolved a number of questions concerning the ability of a municipality to regulate video lottery and in particular the location of video lottery. The Supreme Court ruled: It specifically gave only the executive director [of the State Lottery Commission] the power to approve or disapprove any application for a license. SDCL 42-7A-57. In doing so, it provided that the director consider the application’s proposed location…. In only one statute is a municipality given any power with regard to video lottery. SDCL 42-7A-64 allows a municipality to consider, when issuing two types of on-sale alcoholic beverage licenses, certain factors relevant to the placement of video lottery machines. Municipalities, however, are not given any power to license video lottery establishments, or otherwise control the location of such establishments. See SDCL 42-7A-64. [¶14] Based on the character of the obligations imposed by the Legislature, we see no delegation of power or responsibilities to municipalities and no entrusting to municipalities the control video lottery. Rather, the statutes place all burdens upon the State. Thus, we conclude that South Dakota’s legislative video lottery scheme is sufficiently comprehensive to make reasonable the inference – 2 – JULY 20, 2020 2 that the Legislature left no room for supplementary regulation of video lottery by municipalities. It is immaterial that the City is governed by a home-rule charter or empowered to enact zoning regulations. SDCL 42-7A-64 is restricted in its application to applicants for a wine retailer alcoholic beverage license and to applicants for malt beverage licenses. In these two limited circumstances, a municipality may consider, in addition to the criteria for the issuance of an on- sale wine or malt beverage license, “the following criteria for authorizing video lottery machine placement issued an on-sale wine or malt beverage license”: (1) The number of establishments currently licensed for video lottery; (2) The proximity of the business to other establishments licensed for video lottery; (3) The type of business and manner in which the applicant proposes to operate it; (4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; (5) The extent to which minors frequent a business connected to the one proposed; and (6) The effect the proposed business has on economic development. The Full Text of the Statute is set forth below: 42-7A-64 Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on-sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on-sale alcoholic beverage license pursuant to subdivisions 35-4-2(12) and (16): (1) The number of establishments currently licensed for video lottery; (2) The proximity of the business to other establishments licensed for video lottery; (3) The type of business and manner in which the applicant proposes to operate it; (4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; (5) The extent to which minors frequent a business connected to the one proposed; and (6) The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. Steve Britzman, City Attorney, opinion on AR 48:02:11:02 April 24, 2020 AR 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who hold more than one license for the on-sale consumption of alcoholic beverages may have machines placed for each license issued provided the following requirements are met: 1) Separate application, qualification, and fees are submitted and approved for each premises licensed for the on-sale consumption of alcoholic beverages; 2) Separate establishment licenses are issued by the lottery for each premises licensed for the on-sale consumption of alcoholic beverages; 3) Separate and distinct physical facilities are maintained and utilized for the sale and consumption of alcoholic beverages for each establishment license approved by the lottery; 4) No more than one establishment license is issued to any person for the same legally described premises contained in the alcoholic beverage license. Source: 16 SDR 27, effective August 18, 1989. General Authority: SDCL 42-7A-21(16). Law Implemented: SDCL 42-7A-41. City Attorney Opinion Subsections 3 and 4 require separate and distinct physical facilities to be maintained and used for the sale and consumption for each establishment license approved by the lottery. This would mean each establishment must be able to serve alcoholic beverages on its own premises from its own equipment, even if they are housed in the same building with another establishment. Section 4 requires a separate establishment for each legally described premises. A legally described premises, in my opinion, means a separate legal description must pertain to each establishment licensed. A legal description can be created by a “recorded deed” which has been filed in the office of the Register of Deeds, or a plat which identifies each establishment with a separate de scription, such as Lot or Parcel A or Parcel B. A plat must also be recorded in the office of the Register of Deeds to create a legal description. Until a legal description is recorded, it cannot create a subdivision of an existing legal description. Video Lottery State Statues and Administrative Rule References SDCL 42-7A-1. Definitions. Terms used in this chapter mean: (6) "Licensed establishment," a bar or lounge owned or managed by an individual, partnership, corporation, or association licensed to sell alcoholic beverages for consumption upon the premises where sold; SDCL 42-7A-37.1. Restrictions on licensed establishment. A business licensed pursuant to subdivisions 35-4-2(12) and (16) may not be a licensed establishment for video lottery placement pursuant to subdivision 42-7A-1(6) unless it is a bar or lounge. For the purposes of this section, a bar or lounge is an enterprise primarily maintained and operated for the selling, dispensing, and consumption of alcoholic beverages on the premises and may also include the sale and service of food. A bar or lounge may be physically connected to another enterprise within the same building, which enterprise may be owned or operated by the same person. There may be interior access between a bar or lounge and a connected enterprise. However, there shall be a floor to ceiling opaque wall separation between the two enterprises. A separation wall may be constructed to provide visual and physical access for employees from areas in the building not open to the public. The bar or lounge shall have a separate entrance and exit. A separate entrance and exit is not required if entrance to the bar may only be obtained from the other distinct enterprise and the public may not enter the other enterprise by first passing through the bar or lounge. All video lottery machines shall be adequately monitored during business hours. Adequate monitoring shall be accomplished by the personal presence of an employee or by an employee using video cameras or mirrors and periodic inspections of the bar or lounge. No new license may be issued to any establishment after July 1, 1992, unless such establishment complies with this section. No license may be renewed to any establishment after July 1, 1993, unless such establishment complies with this section. SDCL 42-7A-44. Rules for placement of video lottery machines--Number limited-- Placement in bar or lounge with on-sale license. The placement of video lottery machines in licensed establishments shall be subject to the rules of the commission promulgated pursuant to chapter 1-26. No more than ten video lottery machines may be placed in any licensed establishment. The bar or lounge with an on -sale license issued pursuant to subdivision 35-4-2(12) or (16) shall be restricted to persons twenty-one years of age or older. The entrance to the area where video lottery machines are located shall display a sign that the premises are restricted to persons twenty-one years or older. Notwithstanding the restrictions in § 35-4-79, persons under the age of twenty- one may only enter the premises where video lottery machines are located provided they are accompanied by a parent, guardian, or spouse of twenty-one years or older. 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on-sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on- sale alcoholic beverage license pursuant to subdivisions 35 -4-2(12) and (16): 1) The number of establishments currently licensed for video lottery; 2) The proximity of the business to other establishments licensed for video lottery; 3) The type of business and manner in which the applicant proposes to operate it; 4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; 5) The extent to which minors frequent a business connected to the one proposed; and 6) The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less tha n those licensed as video lottery establishments on March 1, 1994. Administrative Rules: 48:02:11:01. Location of machines in establishment. All video lottery machines in licensed establishments must be physically located as follows: 1) In the sight and control of the owner, manager, or an employee of the licensed establishment from the location at which alcoholic beverages are dispensed; 2) In an area where alcoholic beverages are regularly dispensed and consumed in the ordinary and usual course of business; 3) In an area that ensures public access to the machines is restricted to persons legally entitled by age to be on the premises; 4) In an area which is at all times monitored by the owner, manager, or employee of the licensed establishment to prevent access or play of video lottery machines by persons under the age of 21. 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who hold more than one license for the on-sale consumption of alcoholic beverages may have machines placed for each license issued provided the following requirements are met: 1) Separate application, qualification, and fees are submitted and approved for each premises licensed for the on-sale consumption of alcoholic beverages; 2) Separate establishment licenses are issued by the lottery for each premises licensed for the on-sale consumption of alcoholic beverages; 3) Separate and distinct physical facilities are maintained and utilized for the sale and consumption of alcoholic beverages for each establishment license approved by the lottery; 4) No more than one establishment license is issued to any person for the same legally described premises contained in the alcoholic beverage license. 48:02:05:05. Duties of licensed establishments. Specific duties of owners, managers, and designated employees of licensed establishments are as follows: 1) Provide a secure premise for the placement, operation, and play of video lottery machines; 2) Permit no one to tamper with or interfere with the approved operation of any video lottery machine; 3) Ensure that communication lines to the video lottery machines are at all times connected and prevent any person from tampering or interfering with the approved, continuing operation of the lines; 4) Contract only with persons authorized under this title to directly share in revenues generated from net machine income; 5) Ensure that video lottery machines are placed and remain as placed within the sight and control of the owner, manager, or designated employee while engaging in the actual dispensing of alcoholic beverages from the location where alcoholic beverages are dispensed; 6) Ensure that video lottery machines are placed and remain as placed in the specific area of the licensed establishment where alcoholic beverages are regularly dispensed and consumed in the ordinary and usual course of business; 7) Monitor video lottery machines to prevent access to or play by persons who are under the age of 21 years or who are visibly intoxicated; 8) Commit no violations of the laws of this state concerning the sale, dispensing, and consumption on premises of alcoholic beverages that results in suspension or revocation of its license; 9) Maintain at all times change and cash in the denominations accepted by the video lottery machines located in the establishment; 10) Extend no credit for video lottery machine play; 11) Pay all credits upon presentment of a valid winning ticket in accordance with SDCL 42-7A-37 and chapter 48:02:12; 12) Exercise caution and good judgment in providing cash for checks presented for video lottery machine play; 13) Report promptly all malfunctions of video lottery machines to the operator and notify the lottery of an operator's failure to provide service and re pair of machines and associated equipment as required under this title; 14) Conduct advertising and promotional activities of the video lottery in accordance with decency, dignity, honesty, and good taste so that it does not reflect adversely on the lottery or the state of South Dakota; 15) Install, post, and display prominently at locations within or about the premises signs, redemption information, and other promotional material as required by the lottery. Use of the trademarked video lottery logo must be approve d by the lottery; 16) Immediately notify operators of all out-of-service machines; and 17) Immediately notify the lottery of an operator's failure to respond within 24 hours after notice to the operator of an out-of-service machine. NOTICE OF PUBLIC HEARING On-Off Sale Malt License – MG Oil Company, dba The Lanes NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on July 28, 2020, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the issuance of an On-Off Sale Malt License, with Video Lottery, for MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners, 722 Western Ave., Suite C, Brookings, South Dakota, legal description: Lots 1 and 2, Block 1, Suite C, Snyder’s Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 20th day of July, 2020. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . 2020 Alcohol Licensees with Video Lottery Current # Video Business Lottery Machines Location 1 9 Bar Nightclub (Nine Inc.)5 303 Main Ave. 2 BP of Brookings, Inc.10 2420 6th St. 3 Buffalo Wild Wings Bar & Grill 2 1801 6th St. 4 Carpy's Pub 10 714 22nd Ave. So. 5 Casino 2000 10 622 25th Ave. 6 Cubby's Sports Bar & Grill (GDT Inc.)7 307 Main Ave. 7 Danny's 10 703 Main Ave. So. 9 Deuces Casino, Suite 105A (Commonwealth Gaming & Holdings, Co.)10 223 6th St. 10 Deuces Casino, Suite 105B (Common Wealth Gaming & Holdings, Co.)10 223 6th St. 11 Deuces Casino, Suite 105C (Commonwealth Gaming & Holdings, Co.)10 223 6th St. 12 Gas 'n Mor (Brookings Developers Inc.)10 600 6th St. 13 Jim's Tap 3 309 Main Ave. 14 Main Street Pub 4 408 Main Ave. 15 Park Hospitality Inc.0 2500 6th St. 16 Pints & Quarts 3 313 Main Ave. 17 PNP Pub (Schoon's Pub Inc.)10 318 2nd St. So. 18 Ray's Corner (Fergen Enterprises Inc.)10 401 Main Ave. 19 Schoon's Pump N' Pak South (Schoon's Properties Inc.)10 1205 Main Ave. So. 20 Skinner's Pub, Inc.9 300 Main Ave. 21 South Main Casino & Pub (SVK Properties, LLC)10 615 Main Ave. So. 22 Sully's Irish Pub (B&L Sullivan Inc.)7 421 Main Ave. 23 The Clothes Line Lounge - INACTIVE 0 727 Wilson Ave. 24 The Depot (ERL, LLC)10 921 20th St. So. 25 The Lanes (MG Oil Company)10 722 Western Ave. 26 The Lodge / Den Wil Hospitality Group, Inc 3 2515 6th St. 27 The Ram (Jack's Entertainment, LLC)0 327 Main Ave. 28 The Wild Hare (Wonder, Inc.)10 303 3rd St. 29 VFW Geo Dokken Post 2118 3 520 Main Ave. TOTAL MACHINES 196 Video Lottery machines in Brookings *** For list of machine locations see attached document 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 20-0316,Version:1 Public Hearing and Action on a request for an On-Off Sale Malt License for BVG Backyard Grill, Kathy Elenkiwich, owner, for 1805 6th Street, legal description: E 298.5’ of N 342.1’ of Lot 6, Suite 1805, Village Square Addition. Summary: The City of Brookings has received an application for an On-Off Sale Malt License for BVG Backyard Grill, 1805 6th Street, Kathy Elenkiwich, owner. All required documents have been submitted for this application. Background: A public hearing and action by the local governing body is required. The On-Off Sale Malt License would be effective August 1, 2020, and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Recommendation: Staff recommends approval. Attachments: Memo Legal Notice Map City of Brookings Printed on 7/23/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: July 28, 2020 Subject: New Malt License for Backyard Grill Person(s) Responsible: Bonnie Foster, City Clerk Summary: The City of Brookings has received an application for an On-Off Sale Malt License for BVG Backyard Grill, 1805 6th Street, Kathy Elenkiwich, owner. All required documents have been submitted for this application. Video Lottery is not being requested at this time. At such time Video Lottery is requested, a public hearing and City Council action will be required Background: A public hearing and action by the local governing body is required. The On -Off Sale Malt License would be effective August 1, 2020, and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Item Details: Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in accordance with SDCL Chapter 35 -2 (SDCL 35-2-1 et seq.) and in accordance with the following factors: 1) Type of business which applicant proposes to operate: on -sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. 2) The manner in which the business is operated: on-sale alcoholic beverage operating agreements and alcoholic beverage licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. 3) The extent to which minors are employed in such a place of business: on -sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. 4) Adequacy of the police facilities to properly police the proposed location: The city council shall inquire of the city manager whether the police department can adequately police the proposed location. 5) Other factors: The hours that business is conducted shall be considered by the city council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses. (Code 1996, § 5-20) State Law reference - Local license approval, SDCL 35-2-1.2. 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 been 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. Legal Consideration: None Financial Consideration: The On-Off Sale Malt License would be effective August 1, 2020, and is subject to an annual renewal. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Refer to a Study Session 5. Do nothing Staff recommends approval. Supporting Documentation: Legal Notice Map NOTICE OF PUBLIC HEARING On-Off Sale Malt License and On-Off Sale Wine License – Backyard Grill NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on July 28, 2020, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the issuance of an On-Off Sale Malt License and an On-Off Sale Wine License for BYG – BK LLC., dba Backyard Grill, Kathy Elenkiwich, owner, 1805 6th St., Brookings, South Dakota, legal description: E 298.5 of N 342.1’ of Lot 6, Suite 1805, Village Square Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 20th day of July, 2020. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . B rook ings County, SD Developed by Date created: 7/16/2020 Last Data Uploa ded: 7/16/2020 8:05:59 AM 148 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels 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 20-051,Version:1 Public Hearing and Action on Resolution 20-051, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On-Off Sale Wine License for BVG Backyard Grill, Kathy Elenkiwich, owner, 1805 6th Street, Brookings, SD, legal description: E 298.5’ of N 342.1’ of Lot 6, Suite 1805, Village Square Addition. Summary: The City of Brookings has received an application for an On-Off Sale Wine License for BVG Backyard Grill, 1805 6th Street, Kathy Elenkiwich, owner. Legal description: E 298.5’ of N 342.1’ of Lot 6, Suite 1805, Village Square Addition. An operating agreement is required for Wine Licenses. This Resolution allows the City Manager to enter into the first five years of the 10-year agreement, effective through 2025. Background: A public hearing and action by the local governing body is required for all alcohol licenses. This license would be effective until December 31, 2020 and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Recommendation: Staff recommends approval. Attachments: Memo Resolution Operating Agreement Hearing Notice Map City of Brookings Printed on 7/23/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: July 28, 2020 Subject: On-Off Sale Wine Operating Agreement for BVG Backyard Grill Person(s) Presenting: Bonnie Foster, City Clerk Summary: The City of Brookings has received an application for an On -Off Sale Wine License for BVG Backyard Grill, 1805 6th Street, Kathy Elenkiwich, owner. Legal description: E 298.5’ of N 342.1’ of Lot 6, Suite 1805, Village Square Addition . An operating agreement is required for Wine Licenses. This Resolution allows the City Manager to enter into the first five years of the 10-year agreement, effective through 2025. Background: A public hearing and action by the local governing body is required. This license would be effective until December 31, 2020 and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Item Details: Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in accordance with SDCL 35-2 and in accordance with the following factors: 1) Type of business which applicant proposes to operate: on -sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. 2) The manner in which the business is operated: on-sale alcoholic beverage operating agreements and alcoholic beverage licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. 3) The extent to which minors are employed in such a place of business: on -sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. 4) Adequacy of the police facilities to properly police the proposed location: The city council shall inquire of the city manager whether the police department can adequately police the proposed location. 5) Other factors: The hours that business is conducted shall be considered by the city council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses. Legal Consideration: None Strategic Plan Consideration: None Financial Consideration: This license would be effective until December 31, 2020 and then subject to an annual renewal. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move to a Study Session 5. Do nothing Staff recommends approval. Action Requested: Staff recommends approval. Supporting Documentation: Resolution Operating Agreement Legal Notice Map Resolution 20-051 BVG Backyard Grill On-Off Sale Wine Operating Agreement Now, Therefore, Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Management Agreement for Wine between the City of Brookings and BVG Backyard Grill, Kathy Elenkiwich, owner, for the purpose of a manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 1805 6th Street.: legal description: E298.5’ of N342.1’ of Lot 6, Suite 1805, Village Square 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 a period of five (5) years and renewal for another five (5) years. Passed and approved this 28th day of July, 2020. CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk WINE OPERATING AGREEMENT BVG Backyard Grill THIS AGREEMENT made and entered into by and between the CITY OF BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and Kathy Elenkiwich, owner, BVG Backyard Grill, hereinafter referred to as “Manager.” The City and Manager are referred to as the “parties” herein. WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on-sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: I. This Agreement is made and entered into on a limited basis between the parties hereto to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement in accordance with all State laws and City Ordinances now in effect and as may be enacted in the future. II. The Manager shall be individually responsible for all operating expenses of said on -sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. III. The on-sale establishment shall be located upon real property in the City of Brookings, South Dakota, described as: The E 298.5’ of the N 342.1’ of Lot 6, Suite 1805, Village Square Addition, City of Brookings, Brookings County, South Dakota IV. The Manager shall dispense only alcoholic beverages supplied by the Municipal Off- Sale establishment. V. This Agreement shall be in full force and effect for a period of five (5) years, with the Manager having the option and privilege of a five (5) year extension, subject to the approval of the governing body of the City of Brookings. VI. Either the Manager or the City may terminate this Agreement without cause upon ninety (90) days written notice served by either party upon the other. The City re serves the right to immediately suspend or revoke this Agreement without ninety (90) days written notice for alcohol related violations in accordance with the provisions of Resolution No. 25-88 or any amendments thereto or for any late payments for alcohol ic beverages supplied by the Municipal Off-Sale Establishment to be sold on the premises of Manager. VII. The Manager shall receive as full compensation for its services rendered, the net profit from the on-sale establishment under its management, and the sole profit to be derived by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the Manager for the purposes of resale on the premises as above described. VIII. The Manager shall pay to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supercede the markup percentages provided herein. The Manager further agrees that if either of the markup percentages shall be increased at any time by the City, the Manager shall pay the markup as so increased. IX. A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoice shall bear the signature of the authorized representative of the on-sale Manager or its authorized representative. One copy thereof shall be retained by the Municipal off -sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. X. In consideration of the covenants herein contained, the Manager agrees to pay the CITY OF BROOKINGS, Five Hundred, and no/100 Dollars ($500.00), constituting the Annual License Fee on or by the 1st day of November of each year thereafter as long as this agreement shall remain in force and effect. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided therein. The Manager further agrees that if the annual fee shall be increased at any time by the legislature, the Manager shall pay the amount of any such increase. XI. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. XII. The Manager shall have the right to return, at any time, alcoholic beverages received from the City which are eligible to be returned and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the cost of such alcoholic beverages. XIII. The Manager agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. XIV. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and the Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including taxes. XV. The Manager agrees to observe all Federal and State laws and ordinances of the City of Brookings. XVI. The City covenants and agrees to furnish the on -sale license to Manager pursuant to the terms and conditions of this Operating Agreement and the terms and conditions of the on-sale license. XVII. The City has the right to make inspections and investigations of the premises during the hours of operation, and make audits and examinations of the records of the Manager relating to the on-sale establishment. XVIII. It is further specifically understood and agreed that the waiver of the rights of the City under this Agreement shall not constitute a continuous waiver, and any violation or breach of the terms of this Agreement by the Manager shall constitute a separate and distinct offense and grounds for immediate termination and revocation of this Agreement. XIX. This agreement shall not be assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is effective this 28th day of July, 2020. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST: Paul Briseno, City Manager Bonnie Foster, City Clerk MANAGER By: By: NOTICE OF PUBLIC HEARING On-Off Sale Malt License and On-Off Sale Wine License – Backyard Grill NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on July 28, 2020, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the issuance of an On-Off Sale Malt License and an On-Off Sale Wine License for BYG – BK LLC., dba Backyard Grill, Kathy Elenkiwich, owner, 1805 6th St., Brookings, South Dakota, legal description: E 298.5 of N 342.1’ of Lot 6, Suite 1805, Village Square Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 20th day of July, 2020. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . B rook ings County, SD Developed by Date created: 7/16/2020 Last Data Uploa ded: 7/16/2020 8:05:59 AM 148 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels 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 20-0317,Version:1 Discussion and Possible Action on 2021 Outside Agency Application and Prioritization. Summary: In May, the City Council approved the 2021 social service agency funding process. The City will utilize the Brookings United Way application and rubric process. A United Way funding committee will make recommendation to the City Council based on the rubric metrics chosen and prioritization. All entities can request United Way and/or City funding. The City Council requested a review of the City and United Way applications for variations. This information is provided within the packet. Of the nineteen (19) questions asked in the City application, only five (5) differ. Staff’s recommendation is provided. Additionally, the United Way is requesting an understanding of the City Council’s prioritization of community needs. This will assist in determining if a new rubric is needed, but more importantly, guide the recommendation to the City Council from the committee. Recommendation: Approve any application changes needed and provide the United Way direction of prioritized areas of need. Attachments: Memo Application Comparisons City Application United Way Application United Way Funding Process Guidelines Rubric City of Brookings Printed on 7/23/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul M. Briseno, City Manager Council Meeting: July 28, 2020 Subject: 2021 Outside Agency Application Person(s) Responsible: Paul M. Briseno, City Manager Summary: The City Council requested a review of the United Way application for 2021 city social service agency funding requests. Any direction provided by the City Council will assist in developing a better recommendation this fall. The guidance will further guide the determination of a new or current rubric for city funds. The United Way desires the City Council’s prioritized social service areas. This fall a recommendation from United Way will be made to the City Council based on direction. The City Council will make the final determination of funding for 2021 this fall. Background: Annually, the City Council grants funds to Brookings social service agencies. In May, the City Council approved a new process for 2021. The City Council will determine the available funds through the traditional budget process. This fall, United Way will accept social service agency applications. Agencies can apply for United Way and/or City funding from one application. The United Way committee will utilize the application , rubric and Council priorities to provide a recommendation. The City Council will then provide final approval and allocations for 2021. In May, the City Council requested a review of the current United Way and City applications to determine if additional outside agency questions were desired or a separate application was needed. City Council prioritization of community need is desired to grant the committee insight when determining if a new rubric is needed and impact of the funding recommendation. Item Details: Applications from both entities have been compared and of the nineteen (19) City application questions asked many were redundant. Staff met with the United Way as there were a few questions that required clarification. Attached to this memo are both applications and a detail of comparison as well as staff recommendation for five (5) questions. Staff recommends one application. The United Way has asked that the City Council give direction of prioritization. The direction will assist in determining if a new rubric is needed, as well as clarification for city funding recommendations to the committee. The United Way utilizes a rubric that’s focused on three areas within statements noted below: Health – Individuals and families are healthy and safe Education – Individuals and families are equipped for success throughout every life stage Self Sufficiency – Individuals and families are independent and stable The City’s current application lists the following categories as critical: Affordable Housing Government Stewardship *Arts & Culture Health Youth Development *Parks, Recreation & Open Spaces Diversity Partnerships *Economic Development *Preservation/History *Education and Literacy Safety *Environment Transportation/Transit The areas *noted have separate department or special revenue funding identified throughout the budget. City Staff and the United Way asks the City Council to determine prioritized areas for social service funding and rank them. Legal Consideration: None. Financial Consideration: The 2021 recommended funding for social service is $225,486. Options and Recommendation: The City Council has the following options: 1. Approve an application as presented and prioritize key areas 2. Deny 3. Do nothing City Council’s direction will provide United Way with greater understanding of the City’s priorities for social service need. Supporting Documentation: 1. Application Comparison 2. City Application 3. United Way Application 4. United Way Funding Process 5. United Way Guidelines 6. United Way Rubric United Way and City of Brookings Application Comparison (responses based on city application beginning page 8) 1. Similar question asked on the United Way application 2. Similar question asked on the United Way application 3. United Way will adjust their application for uniformity 4. Similar question asked in multiple United Way sections 5. United Way will adjust their application for uniformity 6. Deleted question of other sources of revenue including grants 7. Deleted question of sales tax impact as the application is used for economic agencies and didn’t feel as relevant to social service agencies 8. Similar question asked in multiple United Way sections 9. Deleted question of impact to overall organizations budget 10. United Way will adjust their application for uniformity 11. Similar question asked in multiple United Way sections 12. a. Similar question asked on the United Way application b. Similar question asked on the United Way application c. Deleted question of comparison over time d. Deleted question of measure of efficiency and effectiveness e. Deleted question of reliable, verifiable and understandable f. Similar question asked on the United Way application g. Similar question asked on the United Way application h. Similar question asked on the United Way application 1 Updated 4/28/2020 APPLICATION FOR CITY FUNDS BROOKINGS, SD Mission Statement 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. Application Process: The Brookings City Council evaluates program-funding proposals on an annual basis for funding in the following calendar year. The City’s fiscal year is January 1 to December 31. Proposals must be submitted in accordance with the budget cycle schedule and proposal format outlined below. Please note that requests may only be made during this period of time. Completed applications must be received on or before June 1, 2020. City Budget Cycle Schedule: June 1, 2020 Deadline to submit completed funding proposal to City Clerk (early submission is encouraged) June Review applications and conduct follow up as needed August Council review of budget September Council adoption of budget October Notification of funding Applicant Qualifications: Applicant must be located or provide services within the City of Brookings. Funding requests from individuals, religious or political groups are ineligible. Funding requests from qualified organizations outside of the funding timeline prescribed therein will not be considered. 2 Updated 4/28/2020 Proposal Requirements: 1. Completed funding application. 2. Cover letter signed by the senior administrative official that briefly describes the project and funding request. 3. Narrative statement of program. 4. Most recent audit. 5. Most recent budget. 6. List of current board members of Board of Directors. Submission Instructions: All information should be entered in the space provided or “not applicable” inserted. Incomplete applications will not be considered. o All proposals must be typed. o Submit one (1) completed application packet. Application packets should be assembled with a manila folder or clip; do not use plastic covers or binders. Do not send program videotapes or architectural renderings. Materials submitted will not be returned. Mail or deliver completed application packets to Bonnie Foster, Brookings City Clerk, 520 Third Street, Suite 230, Brookings, SD 57006. o A full electronic set is also required. Email the application packet in its entirety to bfoster@cityofbrookings.org. o Deadline: June 1, 2020 Budget Hearings: Brookings City Council budget meetings are held in July, August, and September and are open to the public. Applicants are encouraged to attend all budget meetings to remain informed during the process. Applicants should be prepared to provide presentations and answer questions based on the application on an as-needed basis. All proposed handouts must be provided to the City Clerk in advance for approval and distribution. Direct distribution of materials to the City Council members is not permitted. 3 Updated 4/28/2020 Subsidy Agreement and Reporting Requirements: If awarded funding, the City of Brookings requires all recipients of municipal funds t o enter into appropriate agreements that identify the reason for the subsidy, the public purpose served by the subsidy, subsidy payment schedule, specific performance measurements to be attained, and final reporting on outcomes. Failure to provide final reporting of funds and all other required reports may make an applicant ineligible for future subsidies. All agreements and reports shall be timely prepared and filed with the City Clerk. Failure to comply with any of these requirements may result in the r evocation of the requested subsidy as well as fines, repayment requirements, and a determination that the organization is ineligible for future municipal subsidies for a given period of time. Compliance with Americans with Disabilities Act and City of Brookings ADA Policies Required as Condition of Funding Title II of the ADA prohibits public entities from discriminating against or excluding people from programs, services, or activities on the basis of disability. The standard against which programs and services will be measured for the purpose of ADA compliance is one of overall program accessibility: all City of Brookings programs, services, and activities, when viewed it its entirety, must be readily accessible to and usable by individuals with disabi lities. Therefore, the City of Brookings requires all City-owned and/or funded new, remodeled, and retrofitted facilities comply with the requirements of the federal Americans with Disabilities Act guidelines and all City ADA related policies. CITY POLICY: “Automatic Door Openers Required in New Construction, Remodels, and Retrofits of City-Owned or City-Funded Facilities.” The City of Brookings recognizes automatic door openers can provide improved access to its services for all citizens, including those with disabilities. Therefore, automatic and/or manual (push-button) door openers will be required in all new construction, remodel, or retrofit of City- owned or City-funded facilities. Automatic door opening devices, in compliance with ADAAG requirements, must be installed in primary entrances closest to the accessible parking. CITY POLICY: “Use of Platform Lifts Prohibited in New Construction, Remodels, and Retrofits of City-Owned or City-Funded Facilities.” Although the ADAAG, Section 1109.7 Lifts, states that platform (wheelchair) lifts are permitted to be a part of a required accessible route in new construction in some circumstances, the City of Brookings recognizes that platform lifts typically result in a separate, stigmatizing experience for people who use them, a situation that violates the spirit of the ADA as well as the principles of universal design. 4 Updated 4/28/2020 Therefore, platform lifts (also referred to as mechanical lifts or wheelchair lifts) will not be allowed in the new construction, remodel, or retrofit of city-owned or city-funded facilities. Elevators or ramps must be provided as a means of access. CITY POLICY: “Family Restrooms Required in New Construction, Remodels, and Retrofits of City Facilities and Parks.” In addition to men’s and women’s restrooms, the installation of a family or “unisex” restroom is recommended, not required, by the Americans with Disabilities Act. The City of Brookings recognizes that all citizens can benefit from a family restroom in city facilities. A family restroom provides flexibility by meeting the needs of many people while providing a private environment. For this reason, the City of Brookings will require all new construction, remodels, and retrofits of all City-owned and/or City-funded new facilities to include the installation of a family restroom in addition to compliance with all other requirements of the federal Americans with Disabilities Act guidelines. The City ADA Compliance Officer will review and approve the project scope, fina l plans, and bid package of all new construction, remodels, and retrofits of City-owned and/or funded facilities. The scope and budget development of capital improvement projects will include the identification of ADA needs related to these projects to en sure compliance and accessibility standards. Compliance with these policies is a condition for acceptance of the funding. Return completed applications to: Bonnie Foster, Brookings City Clerk 520 3rd St., Suite 230 Brookings, SD 57006 (605) 692-6281 -- bfoster@cityofbrookings.org 5 Updated 4/28/2020 City of Brookings, South Dakota APPLICATION FOR CITY FUNDS Mission Statement 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. Applicant Information: 1. Applicant: address telephone fax email address 2. Contact (individual responsible for the project): name title address (if different) telephone fax email address 3. Applicant is: nonprofit organization government agency for-profit business an individual other 4. Amount Requested: $ 6 Updated 4/28/2020 Brief History of Organization/Applicant: Please state the mission of the organization. Description of services provided and persons served. Provide a description of the program characteristics which distinguish it from others in Brookings. Identify the key issues facing your organization at this time. 7 Updated 4/28/2020 Summary Project Description Provide the name of the project or program and describe it in 50 words or less. Location of project or program: Date(s) of implementation: 8 Updated 4/28/2020 Project Summary: (Attached narrative not to exceed 5 typed pages in 12-point font and 1-inch margins) 1. State the project and/or program’s purpose, significance, ownership, schedule and anticipated outcomes. 2. Discuss how the project will help your organization position itself to respond more effectively to the KEY issues described under the organizational information section on page 6. 3. Does this project replace another facility or program? Are there similar programs you know of in Brookings or serving the City of Brookings? 4. Outline total project costs, funds requested from City, and funds to be provided by other sources. 5. Provide reliable information and projections indicating direct net impact on future City operating funds and budgets for five years. 6. Describe efforts for securing funds from other non-city sources. Is your organization eligible for grants for matching funds? 7. Will the project benefit sales tax revenue in the City and if so, in what way? Is the impact measurable and, if so, what is the estimated impact on sales tax revenues (if applicable)? 8. What is the economic benefit to the community other than tax revenues (if applicable)? 9. What effect will the completed project have on the organization’s overall budget? 10. List other Brookings agencies or organizations that interact and collaborate with your organization. 11. Describe and quantify users and/or beneficiaries of the project. How many families/businesses does this program serve or affect? 9 Updated 4/28/2020 12. Describe measurable goals and performance measurements you or your organization intends to accomplish. The performance measurements should: A. Be based on program objectives that tie to the organization’s goals and program mission or purpose; B. Measure program results or accomplishments; C. Provide for comparisons over time; D. Measure efficiency and effectiveness; E. Be reliable, verifiable and understandable; F. Be reported internally and externally; G. Be monitored and used in decision-making processes; and H. Be limited to a number and degree of complexity that can provide an efficient and meaningful way to assess the effectiveness and efficiency of key programs. Certification Acting as the duly authorized representative for the described project and its sponsoring organization/agency/business, I certify the information submitted is correct to the best of my knowledge and belief, and submit this request for funding to the City of Brookings. Name Title Signature Date 10 Updated 4/28/2020 City Council & Staff Criteria for Analyzing Applications 1. Awards need to address one or more of the following categories: _ Affordable Housing _ Arts & Culture _ Youth Development _ Diversity _ Economic Development _ Education & Literacy _ Environment _ Government Stewardship _ Health _ Parks, Recreation & Open Spaces _ Partnerships _ Preservation/ History _ Safety _ Transportation/Transit 2. The Effect on the Citizens a. Will services improve? b. Will members of the public find satisfaction with the program or facility? c. Does the action contribute to a diverse economy in Brookings? d. Does the action contribute to a high quality of life in Brookings? e. Does applicant adequately describe consequences if program or service is not funded? 3. Financial Impact a. Impact to current operating or capital budgets. b. Impact to Capital Improvement Plan. c. Impact to Cash Flow. d. Impact to future Budgets and Plans. e. Duration of funding commitment. 4. Staff Review a. Is the request or proposal able to be met and/or implemented? b. Impact on Council Goals and Ends Policies. c. Impact on Departmental Goals. d. Has request been adequately researched and business plan presented by requesting organization? e. Does it require a change in City policy? f. Would those impacted be involved in program/service development? g. Have volunteer boards, committees or commissions, if necessary, been involved? h. Evidence of clearly defined program outcomes and performance measurements. 5. Agreement to comply with all City ADA Policies. Policy is included in application packet. (Acceptance of an award in any amount requires compliance with City ADA policies.) Community Investment 2020 - Application Application Status: In Progress Agency Information General Information Organization Name What is your agency's mission and purpose? FED Tax ID # If the organization is not 501c3 IRS Non-Profit or Tax-Exempt, please explain why: Executive Director Primary Address Provide a description of your agency that can be used on the United Way website and other marketing materials. In addition to funding, how do you view being a part of the UW network to be beneficial? What are your expectations of a relationship with United Way? Financial Contact Financial Contact Full Name: Mailing Address: Phone: Email: Finance Which IRS form does your agency file annually: Please indicate the Fiscal/Calendar year end for your most recent filing of the IRS Form 990/990EZ/990N: Is your agency current in your filing of the IRS Form 990 / 990 EZ / 990 N? Does the agency utilize a professional service for accounting or tax reporting? 7/9/2020 10:02 AM CST © 2020 e-CImpact page 1 of 21 If you are not required to file the IRS Form 990 / 990 EZ / 990 N, please explain. Reserves Does your Agency have a Financial Reserve Policy? If yes, list specific reasons you are retaining financial reserves/savings: How many months of operating capital do you currently have, including reserves: Board of Directors How many people serve on your Board of Directors? How many times did your board meet in the past 12 months? What is the average attendance at your board meetings? Are any paid staff members on your board? How often are financial activity reports viewed by your Board of Directors? Does your organization have a board-approved non-discrimination policy? Funding Sources Besides BAUW funding, how is your income portfolio diversified? This can include grants, in-person or virtual fundraisers, direct asks, etc." Is your agency eligible for matching funds? 7/9/2020 10:02 AM CST © 2020 e-CImpact page 2 of 21 Is United Way money used as a base to generate matching funds? If you do not apply for grants, matching funds or participate in fundraising activities, please explain why: 7/9/2020 10:02 AM CST © 2020 e-CImpact page 3 of 21 Memorandum of Understanding Agreement between Brookings Area United Way (hereinafter referred to as United Way) Agency Name (hereinafter referred to as the Agency) The signing of this agreement will allow the release of allocated dollars, if awarded, for the coming year. Brookings Area United Way and the Agency enter into this agreement in order to: PROMOTE social, civic, health, welfare, and recreational services in the areas of Income, Education and Health to the citizens of Brookings County. PROMOTE the overall social welfare of people by encouraging cooperation and community planning among its citizens and its civic, health, recreational and welfare agencies and departments of government. PROMOTE high standards of accountability, efficiency with all member agencies. It is the mutual objective of Brookings Area United Way and United Way partner agencies that the optimal amount of money be made available for the provision of health and human services in our area. The United Way annual fundraising campaign is represented to the community as an opportunity to make one pledge of support to help meet the human service needs of Brookings County. United Way’s role in helping raise these funds is based upon the concept of a single annual campaign that elicits a response from the entire community, raising more money than would be likely with multiple, competitive fund raising campaigns. United Way’s role is also based upon the desire of employers to conduct one annual campaign in the workplace. Donations to the Brookings Area United Way are distributed exclusively to Brookings Area United Way Partner Agencies selected by our board of directors. Our local leaders agree that Brookings Area United Way shall not fund agencies or requests that could be detrimental to the community as a whole due to their controversial nature. It is essential that local groups and individuals recognize that United Way funds are designed to focus on advancing the common good and not to promote political issues including but not limited to the pro-life / pro-choice debate. It is agreed that United Way: 7/9/2020 10:02 AM CST © 2020 e-CImpact page 4 of 21 1.Will assume the responsibility for an annual community-wide fundraising campaign in support of the selected and approved Agency and/or program(s). 2.Will pay the allocation for the year on a quarterly basis. 3.Will set the total annual campaign goal based on Agency program needs, community needs and the prevailing economic conditions. 4.Recognizes the right of the Agency to determine its programs and services, its policies of operation and to administer its own internal affairs. 5.Will, in cooperation with the Agency, direct its own public relations and marketing efforts so as to assist the Agency with the educational campaign of its funded programs. United Way will publicize its affairs and those of the Agency’s supported programs as widely as possible. It is agreed that the Agency: 1.Will cooperate fully in the annual fundraising effort and will encourage and enlist the participation of its constituency and members in such activities. The Agency will conduct an annual United Way campaign among its employees and its Board of Directors. 2.Will not conduct their agency fund-raising campaign during the United Way campaign in the entire month of September and October. 3.Agrees to participate in United Way’s review process and provide necessary documentation. 4.Agrees to maintain responsible management, including a Board of Directors and an Executive Director, or a like position. 5.Agrees to cooperate with other human service agencies, both public and private, in preventing duplication of efforts and in promoting efficiency and economy of administration in human service programs. 6.Agrees to participate in meetings with Agency Directors to prevent duplication of efforts and to promote efficiency. 7.Agrees to report to United Way any major program/budget changes that may affect how United Way allocated dollars are spent. 8.Agrees to mention its participation as a United Way agency in news releases, media programs, brochures, etc where United Way dollars are a part of the program or service, and in verbal presentations where appropriate. 9.Agrees to provide campaign information in a timely manner when requested. 7/9/2020 10:02 AM CST © 2020 e-CImpact page 5 of 21 10. Will return to United Way any funds allocated to the Agency that may no longer be used for their intended purposes, where by any act or default on the part of the Agency, or by an operation or process of law, or by any means whatsoever. 11. Will refrain from taking actions or conducting activities likely to damage the reputation of United Way. All concerns must be directed immediately to a United Way representative. 12. Agrees to accept funds by automatic transfer. 13. Agrees to contact the United Way Board Member “Liaison” who is assigned to the agency several times throughout the year. Contacts could be made via: a.A site visit by the liaison to learn more about the agency’s work in the community b.Attendance by the liaison at an agency board meeting or staff meeting (if possible) c.A visit to review or clarify the agency’s Mid-Year Report (June/July) d.A visit to review or clarify the agency’s Application for funding (October/November) e.Attendance by the liaison at a special event or fundraiser f.A phone call or email to check-in or provide information Certification I certify on behalf of the Organization listed above that the foregoing is true. Date Of Approval Chief Volunteer Officer Chief Professional Officer 7/9/2020 10:02 AM CST © 2020 e-CImpact page 6 of 21 COUNTERTERRORISM COMPLIANCE Organization Name: This Organization is not on any federal terrorism “watch lists,” including the list in Executive Order 13224, the master list of specially designated nationals and blocked persons maintained by the Treasury Department, and the list of Foreign Terrorist Organizations maintained by the State Department. This Organization does not, will not and has not knowingly provided or collected funds or provided material support or resources with the intention that such funds or material support or resources be used to carry out acts of terrorism. This Organization does not, will not and has not knowingly provided financial, technical, in-kind or other material support or resources* to any individual or entity that is a terrorist or terrorist organization, or that supports or funds terrorism. This Organization does not, will not and has not knowingly provided financial or material support or resources to any entity that has knowingly concealed the source of funds used to carry out terrorism or to support Foreign Terrorist Organizations. This Organization does not regrant to organizations, individuals, programs and/or projects outside of the United States of America with out compliance with IRS guidelines. This Organization takes reasonable, affirmative steps to ensure that any funds or resources distributed or processed do not fund terrorism or terrorist organizations. This Organization takes reasonable steps to certify against fraud with respect to the provision of financial, technical, in-kind or other material support or resources to terrorists and terrorist organizations. I certify on behalf of the Organization listed above that the foregoing is true. 7/9/2020 10:02 AM CST © 2020 e-CImpact page 7 of 21 SHORT APPLICATION - Program Application General Information Program Name Program Primary Contact Impact Area Amount Requested Duplicated client visits Community Need *Description of program and explain how dollars will be used: *Why is this program necessary in this area, how is this program different than others? *How will this program provide value to the community over time? How will you ensure the program is sustainable? Collaborations Describe examples (if any) of how your program collaborates with other organizations in the community, particularly other United Way funded programs. Last Funding Cycle Did any changes occur in the intended program during the current funding year? If yes, please explain: Program Change Do you anticipate any changes to the program in the upcoming year? If yes, please explain: 7/9/2020 10:02 AM CST © 2020 e-CImpact page 8 of 21 --What a Contribution Buys Help us communicate what services a small contribution will buy. $0.50/week ($26/year) provides the funds for: $7.00/week ($364/year) provides the funds for: $15/week ($780 per year) provides the funds for: $25/week ($1300 per year) provides the funds for: Permission to Use Publicly United Way is granted permission to use the information provided on this form publicly. 7/9/2020 10:02 AM CST © 2020 e-CImpact page 9 of 21 Historical Comparison of Client Characteristics Federal Poverty Levels Total Clients Served by the Program 2017 (actual) 2018 (actual) 2019 (actual)2020 (estimated) # of Unduplicated Clients 125 130 140 150 Total 125 130 140 150 Gender 2017 (actual) 2018 (actual) 2019 (actual)2020 (estimated) Males 32 Females 2 Transgender 45 Unknown 45 Total 124 0 0 0 Age 2017 (actual) 2018 (actual) 2019 (actual)2020 (estimated) 0 - 6 Years 12 7 - 13 Years 13 14 - 17 Years 20 18 - 30 Years 20 31 - 49 Years 5 50 - 64 Years 10 65 - 74 Years 5 75 - 84 Years 5 85+ Years 5 Unknown 30 Total 125 0 0 0 Ethnicity 2017 (actual) 2018 (actual) 2019 (actual)2020 (estimated) Black / African American 20 Asian 20 White / Caucasian 20 7/9/2020 10:02 AM CST © 2020 e-CImpact page 10 of 21 Hispanic / Latino 10 Native Americans 5 Pacific Islander 5 Multi-Racial 20 Others 10 Unknown 15 Total 125 0 0 0 Federal Poverty Level 2017 (actual) 2018 (actual) 2019 (actual)2020 (estimated) Very Low (50%) Income Limits 20 Extremely Low Income Limits 20 Low (80%) Income Limits 20 Income Limits (81%) and above 20 Unknown 45 Total 125 0 0 0 7/9/2020 10:02 AM CST © 2020 e-CImpact page 11 of 21 2017 (actual) 2018 (actual) 2019 (actual)2020 (estimated) 7/9/2020 10:02 AM CST © 2020 e-CImpact page 12 of 21 *--Outcomes What is the goal outcome? 1. 2. 3. How is this measured? What outcomes, if any, do you currently track? How do you currently, or plan to, use data to improve your program? How does your organization advocate on behalf of those who serve? How have you adapted to the community's/people you serve needs? 1. 2. 3. --Outcome Success Story Agency Contact for Success Story: Phone Number for Success Story: Email Address for Success Story Geographic community represented by the success story: Please state a Program Goal/Outcome that was achieved last year. The goal/outcome should link to the story: Provide an actual success story based on the above goal/outcome. Permission to Use Publicly United Way is granted permission to use the information provided on this form publicly. 7/9/2020 10:02 AM CST © 2020 e-CImpact page 13 of 21 --Program Budget Revenue Actual Current FY Year Projected Next FY Year Expense Actual Current FY Year Projected Next FY Year Actual Current FY Year Projected Next FY Year 7/9/2020 10:02 AM CST © 2020 e-CImpact page 14 of 21 LONG APPLICATION - Program Information General Information Program Name Primary Contact Impact Area Amount Requested Duplicated client visits Community Need *Description of program and explain how dollars will be used: *Why is this program necessary in this area, how is this program different than others? *How will this program provide value to the community over time? How will you ensure the program is sustainable? Collaboration Describe examples (if any) of how your program collaborates with other organizations in the community, particularly other United Way funded programs. Ability and Evaluation Briefly describe the resources needed to carry out the proposed program. Assuming BAUW funds are available as requested, will your organization have the necessary resources to ensure program success? How will you use the results of your program assessment to improve its effectiveness in the future? Staff and Volunteers Total FTE Employees: Part Time: How many volunteers did your program utilize this year? 7/9/2020 10:02 AM CST © 2020 e-CImpact page 15 of 21 How many total volunteer hours were given to your program? Are volunteers required to have a background check? If not, please explain: How do you utilize volunteer services? Other Describe ways other than funding in which Brookings Area United Way can support your Program: Last Funding Cycle Did any changes occur in the intended program during the current funding year? If yes, please explain: Program Change Do you anticipate any changes to the program in the upcoming year? If yes, please explain: 7/9/2020 10:02 AM CST © 2020 e-CImpact page 16 of 21 --What a Contribution Buys Help us communicate what services a small contribution will buy. $0.50/week ($26/year) provides the funds for: $7.00/week ($364/year) provides the funds for: $15/week ($780 per year) provides the funds for: $25/week ($1300 per year) provides the funds for: Permission to Use Publicly United Way is granted permission to use the information provided on this form publicly. 7/9/2020 10:02 AM CST © 2020 e-CImpact page 17 of 21 Historical Comparison of Client Characteristics Federal Poverty Levels Total Clients Served by the Program 2017 (actual) 2018 (actual) 2019 (actual)2020 (estimated) Gender 2017 (actual) 2018 (actual) 2019 (actual)2020 (estimated) Age 2017 (actual) 2018 (actual) 2019 (actual)2020 (estimated) Ethnicity 2017 (actual) 2018 (actual) 2019 (actual)2020 (estimated) Federal Poverty Level 2017 (actual) 2018 (actual) 2019 (actual)2020 (estimated) 7/9/2020 10:02 AM CST © 2020 e-CImpact page 18 of 21 7/9/2020 10:02 AM CST © 2020 e-CImpact page 19 of 21 What is the goal outcome? 1. 2. 3. How is this measured? 1. 2. 3. What outcomes, if any, do you currently track? How do you currently, or plan to, use data to improve your program? How does your organization advocate on behalf of those who serve? How have you adapted to the community's/people you serve needs? *--Outcomes --Outcome Success Story Agency Contact for Success Story: Phone Number for Success Story: Email Address for Success Story Geographic community represented by the success story: Please state a Program Goal/Outcome that was achieved last year. The goal/outcome should link to the story: Provide an actual success story based on the above goal/outcome. Permission to Use Publicly United Way is granted permission to use the information provided on this form publicly. 7/9/2020 10:02 AM CST © 2020 e-CImpact page 20 of 21 --Program Budget Revenue Actual Current FY Year Projected Next FY Year Expense Actual Current FY Year Projected Next FY Year Actual Current FY Year Projected Next FY Year 7/9/2020 10:02 AM CST © 2020 e-CImpact page 21 of 21 United Way Funding Process The United Way works closely with partner agencies to ensure community donations are strategically utilized to help the most people. The following are steps define the application process: 1. Volunteer Recruitment and Education United Way Board Members, who participate in the allocation committee represent all sectors of the community and are educated to ensure funds are distributed fairly and objectively based on best use. 2. Allocations Agency requests funding based on particular needs and programs. This includes operating costs, programing funds or assistance in developing new programs. The United Way has three (3) priority funding areas that guide investments in local programming. These priorities include: Self-Sufficiency – Individuals and families are independent and stable Independent and Secure Living Financial Literacy and Support Access to Basic Needs Employment Readiness Health – Individuals and families are healthy and safe Personal Health and Safety Emotional and Emotional wellness Positive Social Behavior Access to health services Education – Individuals and families are equipped for success throughout every life stage School Readiness Youth Academic and Character Development Adult Empowerment Application Funding Process and Worksheet Narrative 1 Rev 12/19 Guiding principles of the proposed funding process: 1. With or without the use of any worksheet or other numerical rating process, any agency whose application meets the committee’s expectations in every way should receive as close to full funding as BAUW is able to provide. 2. All agencies whose applications meet all expectations should receive the same percentage of their funding request, i.e., no attempt will be made to establish that one such agency is more worthy than another. 3. If an agency’s application fails to meet expectations in some way but there is a reasonable and well-defined way to judge it as being as worthy as one that does meet all expectations, that agency should receive the same level of funding as those that meet expectations. 4. If an agency fails to meet expectations in an area of most importance, it should receive no funding unless specifically determined otherwise by discussion of the board. 5. If an agency’s application does not rise to the level of meeting expectations in the most important areas and rise above failure to meet expectations in at least one other area, that agency should receive no funding. 6. Agencies whose applications lie between the two extremes described above should be considered individually by the full committee. They are eligible to receive up to the same percentage of their funding request as those that meet all expectations, but not more. The proposed agency funding determination process in brief: There are six steps in the funding determination process. More detail is provided in the narrative below. 1. Application review (Group scoring submitted, Date TBD) 2. Application data entry (Executive Director, Date TBD) 3. Full Board discussion (BAUW Board ALLOCATION meeting – Date TBD) The proposed agency funding determination process in detail: Non-profit status determination This is the final year that an organization can use another organizations 501C3 status. Application review (Agency Liaison, Date TBD) Gather as a group to read/discuss the groups applications. The liaison should reach out to the agency contacts to clarify any questions in order to fully understand and assess the application. Rating Meaning Rating Meaning 1 Fails to meet expectations 6 Meets expectations 3 Lacking in expectations 9 Exceeds expectations The six assessment areas are weighted differently to reflect their relative importance. Community Impact, Community Need, and Fits BAUW Priorities are considered to be twice as important as Fiscal Management an d Track Record. Ability & Evaluation is slightly more important than the latter two areas. Weighting Assessment area Weighting Assessment area 10 Community Impact 6 Ability & Evaluation 10 Community Need 5 Fiscal Management 10 Fits BAUW Priorities 5 Track Record Application Funding Process and Worksheet Narrative 2 Rev 12/19 Definitions of Assessment Areas in Scoring Worksheet: Community Need The program addresses a recognized health and human services need in our community The need is consistent with BAUW mission and funding priorities for the current year The problem/situation addressed by the agency is serious The agency provides strong data to validate the need for this program Impact The program clearly demonstrates a meaningful linkage between community needs, program activities and outcomes The program provides a meaningful volume of services and/or people served United Way funding will make a difference and bring about positive change in people’s lives Ability & Evaluation The Agency has a history of reliability There is adequate staffing and resources to conduct this program The program plan is sound Clear goals and objectives are written Measurable outcomes are evident The agency/program demonstrates the ability to deliver and measure proposed outcomes Financial Management Financial information is presented clearly & accurately The agency has a balanced budget The agency has adequate reserves BAUW policy recommends 3-6 months There is diversified funding/other funding is available to support program(s) The funds that are requested from BAUW support client services Overhead expenses are a reasonable % of total budget Track Record There is year-round commitment to work with the United Way The agency appeared to have accomplish their goals and objectives from last year The agency makes a difference with previous years’ UW funding If a board member (liaison) feels the dollar amount the agency is requesting needs to be lowered, please indicate that adjusted dollar amount in the “Liaison adjusted request” column on the Scoring Worksheet. All agencies with liaison adjusted requests will be flagged for full -board review during the allocation decision making meeting. Application Funding Process and Worksheet Narrative 3 Rev 12/19 Application data entry (Executive Director, Date TBD) Ratings for all applications are entered in the application funding worksheet, which computes an application score. Applications are initially categorized as: Score Category Significance 276 to 414 Green Automatically receives as close to full funding as possible. No committee discussion. 200 to 275 Yellow Flagged for discussion by committee. May receive up to Green category funding level. 0 to 199 Red Automatically receives no funding. No committee discussion. Examples and rationale for the categorization scores: Weighting 10 10 10 6 5 5 Agency Name Community Impact Community Need Fits BAUW Priorities Ability & Evaluation Fiscal Management Track Record Application Score Score Range Agency 1 9 9 9 9 9 9 414 Agency 2 6 6 6 6 6 6 276 Agency 3 6 3 9 6 6 6 276 Agency 4 6 6 6 1 3 1 206 Agency 5 6 6 6 1 1 1 196 Agency 6 1 9 9 9 9 1 294 Agency 1 receives Exceeds Expectations ratings, resulting in a 9X10+9X10+9X10+9X6+9X5+9X5 = 414 score. Agency 2 Meets Expectations in each area, resulting in a score of 276 Agency 3 is Lacking in Expectations in Community Need, but Exceeds Expectations in Fits BAUW Priorities and Meets Expectations in all other areas, resulting in a scor e of 276 equivalent to Agency 2 Agency 4 Meets Expectations in the three most important areas and rises above Failure to Meet Expectations in one other area, resulting in a score greater than 206 , above the 200 cutoff Agency 5 Meets Expectations in the three most important areas but Fails to Meet Expectations in all other areas, resulting in a score of 196, below the 200 cutoff Agency 6 Fails to Meet Expectations in one of the three most important areas, and thus is flagged Yellow for discussion in spite of having a strong score of 294 Application Funding Process and Worksheet Narrative 4 Rev 12/19 Initial funding level o The worksheet determines how much is available to award to agencies submitting long -form applications. o It also determines the total of funding requests of applications in the Green and Yellow categories. o The ratio (Funds Available) / (Funds Requested) is computed as a percent. o Initially, all Green/Yellow category agencies receive this percent of their request up to a maximum of 100%. o Agencies with Red category applications are initially awarded $0.00. This is also their final award. Full Board Discussion (Date TBD) Any board member can request further discussion of an application. Contact UW staff to add to the agenda. Applications will be discussed when o the current “liaison adjusted request” compared to the previous year’s ‘agency request’ has increased by 25% or more o any agency request that is 10% or more of our total allocation budget Applications that are submitted after the due date will be reduced by a minimum of 10% of the agency request for that year All Yellow Category applications: After discussion, the board may choose to lower the awards of agencies in this category. Funds are freed up by the lowering of these awards. The worksheet automatically redistributes these funds across all agencies whose awards have not been lowered by the committee. Awards that have been manually adjusted by the committee remain fixed at the committee-determined level. If there are remaining funds after allocation process, these funds could go into the reserve, or otherwise be used as the committee decides. Agency Name/Program Impact Area 2019 Liaison Adjusted Request 2019 Funding 2020 Agency Funding Request 2020 Liaison Adjusted Request Community ImpactCommunity NeedFits BAUW PrioritiesAbility & EvaluationOrganization A Income $36,000 $33,100 $36,000 $36,000 6 6 6 9 Organization B Income $70,000 $58,500 $70,000 $70,000 9 9 9 9 Organization C $122,800 $122,800 $135,000 $130,000 Program 1 Education $37,800 $37,800 $40,000 $40,000 6 6 6 6 Program 2 Education $18,900 $18,900 $20,000 $20,000 6 6 6 6 Program 3 Education $9,400 $9,400 $15,000 $10,000 6 6 6 6 Program 4 Education $18,900 $18,900 $20,000 $20,000 6 6 6 6 Program 5 Education $18,900 $18,900 $20,000 $20,000 6 6 6 6 Program 6 Education $18,900 $18,900 $20,000 $20,000 6 6 6 6 Organization D Education $6,000 $6,000 $7,500 $7,000 6 6 6 6 Organization E $17,500 $13,900 $18,000 $15,000 Program 1 Education $7,500 $4,600 $8,000 $5,000 6 6 6 6 Program 2 Education $10,000 $9,300 $10,000 $10,000 6 6 6 6 Fiscal ManagementTrack RecordApplication ScoreScore RangeDefault Funding Before AdjustmentsIncreased RequestsFunding After Adjustments2020 FundedPercent Of Request Funded2017 Funding Variance to 2016 FundingFunding Variance9 6 309 $33,100 -$3,884 $29,216 $29,200 81.2%-$3,900 -$3,900 9 9 414 $58,500 -$6,864 $51,636 $51,600 73.8%-$6,900 -$6,900 0 $122,800 -$14,409 $108,391 $108,500 83.4%-$14,300 -$14,300 6 6 276 $37,800 -$4,435 $33,365 $33,400 83.4%-$4,400 -$4,400 6 6 276 $18,900 -$2,218 $16,682 $16,700 83.4%-$2,200 -$2,200 6 6 276 $9,400 -$1,103 $8,297 $8,300 83.0%-$1,100 -$1,100 6 6 276 $18,900 -$2,218 $16,682 $16,700 83.4%-$2,200 -$2,200 6 6 276 $18,900 -$2,218 $16,682 $16,700 83.4%-$2,200 -$2,200 6 6 276 $18,900 -$2,218 $16,682 $16,700 83.4%-$2,200 -$2,200 6 6 276 $6,000 -$704 $5,296 $5,300 75.7%-$700 -$700 0 $13,900 -$1,631 $12,269 $12,300 81.8%-$1,600 -$1,600 6 6 276 $4,600 -$540 $4,060 $4,100 81.2%-$500 -$500 6 6 276 $9,300 -$1,091 $8,209 $8,200 82.1%-$1,100 -$1,100