The URL can be used to link to this page

Home My WebLink About2021_06_22 CC PKTCity Council City of Brookings Meeting Agenda - Final Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, June 22, 2021 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 3.A. Action to approve the agenda. 3.B.ID 21-0309 Action to approve the June 8, 2021 City Council minutes. 06/08/2021 MinutesAttachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: Page 1 City of Brookings June 22, 2021City Council Meeting Agenda - Final 5.A.ID 21-0312 Presentation: Proclamation celebrating Lesbian, Gay, Bisexual, Transgender, Queer, and Plus (LGBTQ+) Pride Month. ProclamationAttachments: 5.B. SDSU Student Association Report. 5.C. 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 21-022 Introduction and First Reading on Ordinance 21-022, an Ordinance amending Section 94-222 of the Zoning Ordinances of the City of Brookings and pertaining to the procedure for Conditional Use Applications. Public Hearing: July 13, 2021. Memo Ordinance - Clean Ordinance - Marked Planning Commission Notice Planning Commission Minutes Attachments: 7.B.ORD 21-023 Introduction and First Reading on Ordinance 21-023, an Ordinance amending Chapter 94-7(b) of the City of Brookings and pertaining to the procedure for a Zoning Change. Public Hearing: July 13, 2021. Memo Ordinance - Clean Ordinance - Marked Planning Commission Notice Planning Commission Minutes Attachments: 8. Public Hearings and Second Readings: 8.A.ORD 21-019 Second Reading and Action on Ordinance 21-019, an Ordinance establishing a schedule for introduction and adoption of the Annual Municipal Budget Ordinance of the City of Brookings, South Dakota. Page 2 City of Brookings June 22, 2021City Council Meeting Agenda - Final Memo Ordinance Senate Bill 138 Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 6/8/21 City Council read into the record 8.B.ORD 21-020 Public Hearing and Action on Ordinance 21-020, a Temporary Ordinance Establishing Procedures Pertaining to Licensing Medical Cannabis Establishments in the City of Brookings, South Dakota. Memo Ordinance Legal Notice Planning Commission Minutes Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 6/8/21 City Council read into the record 8.C.ID 21-0307 Public Hearing and Action on a Temporary Alcohol Application from the Brookings Area Chamber Downtown Committee, to host a series of events for Downtown at Sundown on the 300 Block of 5th Street and the 400 Block of Main Avenue on July 22, July 29, August 5, August 12, and August 19, 2021. Memo Legal Notice Location Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9. Other Business: 9.A.ID 21-0310 Action on a Revised Preliminary Plat for Lots 1-29, Block 1; Lots 1-2, Block 2; Lots 1-22, Block 3; Lots 1-13, Block 4; Lots 1-12, Block 5; Lots 1-11, Block 6; all in River Run Addition. Memo Legal Notice Planning Commission Minutes Revised Preliminary Plat Approved Preliminary Plat Area Map Zoning Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 10.ID 21-0311 City of Brookings Progress Report. Page 3 City of Brookings June 22, 2021City Council Meeting Agenda - Final 11. 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. 12. Adjourn. Brookings City Council: Oepke Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Patty Bacon, Leah Brink, Joey Collins, Holly Tilton Byrne, Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org Assisted Listening Systems (ALS) are available upon request by contacting (605) 692-6281. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605) 692-6281 at least three working days prior to the meeting. Public Comment can be submitted: 1) via eComment on InSite (https://cityofbrookings.legistar.com/Calendar.aspx ), 2) Email your comments the City Clerk (bfoster@cityofbrookings-sd.gov ), or 3) participate via Zoom (contact the City Clerk for login access bfoster@cityofbrookings-sd.gov ). Thank you. Page 4 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0309,Version:1 Action to approve the June 8, 2021 City Council minutes. Attachments: 06/08/2021 Minutes City of Brookings Printed on 6/17/2021Page 1 of 1 powered by Legistar™ Brookings City Council June 8, 2021 (unapproved) The Brookings City Council held a meeting on Tuesday, June 8, 2021 at 6:00 PM, at the City & County Government Building Chambers with the following City Council members present: Mayor Oepke Niemeyer, Council Members Patty Bacon, Leah Brink, Joey Collins, Wayne Avery, Holly Tilton Byrne, and Nick Wendell. City Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster were also present. 6:00 PM REGULAR MEETING Oath of Office and Certificates of Election. Mayor Niemeyer presented a Certificate of Appointment and Oath of Office to incoming City Council Member Wayne Avery. Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. 4.A. Action to approve the agenda. 4.B. Action to approve the May 25, 2021 City Council Minutes. 4.C. Action on Resolution 21-051, a Resolution authorizing the City Manager to sign a Wine Operating Agreement renewal for CHS, Inc., dba Cenex Zip Trip #63, 1005 6th Street. Legal description: Lots 1-2, Block 1, Randi Peterson Addition. Resolution 21-051 - Wine Operating Agreement – renewal CHS, Inc, dba Cenex Zip Trip #63 Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal for the Wine Operating Management Agreement between the City of Brookings and CHS Inc., dba Cenex Zip Trip #63, for the purpose of a manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 1005 6th Street, legal description: Lots 1-2, Block 1, Randi Peterson 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 ten (10) years , with a renewal in five (5) years. 4.D. Action on Resolution 21-054, a Resolution declaring surplus property for the City of Brookings. Resolution 21-054 - Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Information Technology: HP 8200 Elite PC, Serial #MXL1331XGL; HP Compaq 6005 Pro PC, Serial #2UA0030RDF (does not work); HP 8200 Elite PC, Serial #MXL1331X4W; HP 8100 Elite PC, Serial #MXL1071ZN5; HP Elite 8300 Small FF PC, Serial #2UA30715X3; HP Elite 8300 PC, Serial #MXL2380Q QB; HP Elite 8300 PC, Serial #2UA24704WM; HP Elite 8300 PC, Serial #MXL302102Z; HP 8200 Elite Slim PC, Serial #MXL2051N8X; HP Elitedesk 800G2 TWR PC, Serial #MXL612243K (does not work); Compaq 6005 Pro PC, Serial #2UA0030YTJ; HP Elite 8300 PC, Serial #MXL2332OXT; HP Elite 8300 PC, Serial #MXL302102Y; HP Compaq 6005 Pro PC, Serial #MXL0040GLW (does not work); HP Envy 20 TouchSmart All-in-One PC, Serial #5CM3110605; Lenovo M7515 PC, Serial #MJDP816; HP Compaq Elite 8300 PC, Serial #MXL3361MPD; Xerox Phaser 3260 Printer, Serial #K7A007076 (does not work); Xerox Phaser 3260 Printer, Serial #K7A226869 (does not work). Whereas, in the best financial interest, it is the desire of the City of Brookings to dispose of as surplus property; and Whereas, the City Manager is hereby authorized to sell or dispose of said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6 -13. Retirement Recognition. A Certificate of Recognition was presented to retiring Fire Chief Darrell Hartmann. Hartmann was recognized for 23 years of service to the City of Brookings. Hartmann shaped the brotherhood that defines the Fire Department today; leading by example, attending to the needs of the volunteers and staff, all the time with professional leadership. He was “hands-on" in training, taking on the responsibility of teaching firefighters how to protect themselves when they went into danger. Retirement Recognition. A Certificate of Recognition was presented to retiring City Engineer Jackie Lanning. Lanning was recognized for 30 years of service to the City of Brookings. Lanning was hired October 1990 as the Assistant City Engineer. In October 2003 she was appointed as Acting City Engineer, and was appointed in April 2004 as City Engineer. During her tenure with the City she has been involved with the management of the Brookings Regional Airport, many drainage projects, infrastructure projects, the first phase of the 22nd Avenue Reconstruction Project, and most recently she has been the Project Manager on the 20th Street South BUILD Project. FIRST READING – Ordinance 21-019. An introduction and first reading was held on Ordinance 21-019, an Ordinance establishing a schedule for introduction and adoption of the Annual Municipal Budget Ordinance of the City of Brookings, South Dakota. Second Reading: June 22, 2021. FIRST READING – Ordinance 21-020. An introduction and first reading was held on Ordinance 21-020, a Temporary Ordinance Establishing Procedures Pertaining to Licensing Medical Cannabis Establishments in the City of Brookings, South Dakota. Public Hearing: June 22, 2021. Community Development Block Grant (CDBG). A public hearing was held on a Community Development Block Grant (CDBG) Application and Community Development and Housing Needs Assessment Plan. Public Comment: Todd Kays, Executive Director of the First District Association of Local Governments, Heidi Gullickson, United Way, Tom Squires, DesignArc Group, and Nicholas Kummer, DesignArc Group. Housing Needs Assessment Plan – part of CDBG. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that the Community Development and Housing Needs Assessment Plan as part of the Community Development Block Grant (CDBG) Application, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Resolution 21-049 – part of CDBG. A motion was made by Council Member Tilton Byrne, seconded by Council Member Collins, that Resolution 21-049, a Resolution Designating the City Manager to Sign Documents and be the Environmental Certifying Officer for the Community Development Block Grant (CDBG) for a Joint Facility to Address Food Insecurity, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Resolution 21-049 - A Resolution Designating the City Manager to Sign Documents and be the Environmental Certifying Officer for the Community Development Block Grant (CDBG) for a Joint Facility to Address Food Insecurity. Whereas, the City of Brookings has held discussions with community partners to address the aging food pantry facility. These conversations have identified an opportunity to create a joint facility addressing food insecurity which would house multiple community partners; and Whereas, to maximize available resources, the City of Brookings and First District Association of Local Governments have discussed possible Community Development Block Grant (CDBG) funding. A special population survey of users of the Food Pantry was used to determine if the City of Brookings is eligible to apply for a CDBG Grant for the project. An adequate survey response has been received and the City of Brookings is eligible to apply for CDBG funding; and Whereas, this resolution designates the City Manager as the City’s Official for the purpose of signing CDBG grant agreements, contracts, correspondence, pay requests, and other required documents and environmental reports. Additionally, this resolution designates the City Manager as the City’s Environmental Certifying Officer for the purpose of signing environmental reports, correspondence and other requi red documents and forms in conjunction with the possible CDBG grant for this project. Now, Therefore, Be It Resolved that the City Manager of the City of Brookings shall be the City’s Environmental Certified Officer with respect to the above -described project and is authorized to sign the CDBG grant agreements, contracts, correspondence, pay requests, and other required documents and environmental reports for this project. Resolution 21-048 – part of CDBG. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 21-048, a Resolution Authorizing the City Manager to Sign and Submit a Community Development Block Grant (CDBG) Application for a Joint Facility to Address Food Insecurity, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Resolution 21-048 - A Resolution Authorizing the City Manager to Sign and Submit a Community Development Block Grant (CDBG) Application for a Joint Facility to Address Food Insecurity. Whereas, the City of Brookings has held discussions with community partners to address the aging Food Pantry facility. These conversations have identified an opportunity to create a joint facility addressing food insecurity which would house multiple community partners; and Whereas, to maximize available resources, the City of Brookings and First District Association of Local Governments have discussed possible Community Development Block Grant (CDBG) funding. A special population survey of users of the Food Pantry was used to determine if the City of Brookings is eligible to apply for a CDBG grant for the project. An adequate survey response has been received and the City of Brookings is eligible to apply for CDBG funding; and Whereas, this resolution authorizes the City Manager to sign and submit the CDBG Grant Application for a grant of up to $2 Million Dollars for a joint facility to address food insecurity. The City Manager would also serve as the City’s Official for the purpose of signing CDBG grant agreements, contracts, correspondence, pay requests, and other required documents in connection with a CDBG grant and this project. Now, Therefore, Be It Resolved that the City Manager of the City of Brookings is authorized to sign and submit the CDBG Grant Application for a grant of up to $2 Million Dollars for a joint facility to address food insecurity, and to sign CDBG agreements, contracts, correspondence, pay requests, and other required documents for this project. Ordinance 21-010. A public hearing was held on Ordinance 21-010, an Ordinance to Change the Zoning within the City of Brookings, rezoning 5.75 acres (generally located along the 1500 and 1600 Block of Main Avenue South) from a Residence R -1A Single- Family District to a Business B-2A Office District. A motion was made by Council Member Bacon, seconded by Council Member Collins, that Ordinance 21-010 be approved. Public Comment: Justin Booker, Banner Associates. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Ordinance 21-011. A public hearing was held on Ordinance 21-011, an Ordinance to Change the Zoning within the City of Brookings, rezoning Lot 11A, Block 6 of Folsom's Addition (also known as 204 1st Street South) from an Industrial I-1 Light District to a Business B-3 Heavy District. A motion was made by Council Member Wendell, seconded by Council Member Brink, that Ordinance 21 -011 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Ordinance 21-014. A public hearing was held on Ordinance 21-014, an Ordinance to Change the Zoning within the City of Brookings, rezoning Lot 1, Block 2 of Folsom Addition (also known as 530 1st Street South) and Lots 2 and 3, Block 2 of Folsom Addition (also known as 110 6th Avenue South) from an Industrial I-1 Light District to a Business B-3 Heavy District. A motion was made by Council Member Avery, seconded by Council Member Brink, that Ordinance 21-014 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Ordinance 21-018. A public hearing was held on Ordinance 21-018, an Ordinance to permit by Conditional Use an Office in a Residence R-2 Two-Family District on the South 105 feet of Lot 1 in Block 7 of Morehouse Addition, also known as 903 8 th Street. A motion was made by Council Member Wendell, seconded by Council Member Brink, that Ordinance 21-018 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Resolution 21-052. Resolution 21-052, a Resolution amending the 2040 Comprehensive Plan’s Future Land Use Map, died due to lack of motion. Public Comment: Chad Borchard, CKS Partners LLC. TABLED ITEM: Resolution 18-088. A motion was made by Council Member Wendell, seconded by Council Member Brink, that Resolution 18-088, Resolution of Necessity for Street Assessment Project 2019-02STA, 15th Street South and 7th Avenue South, be removed from the table. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. A motion was made by Council Member Brink, seconded by Council Member Collins, that Resolution 18-088, a Resolution of Necessity for Street Assessment Project 2019- 02STA, 15th Street South and 7th Avenue South, be rescinded. Motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Resolution 21-047. A public hearing was held on Resolution 21 -047, a Resolution of Necessity for Street Assessment Project 2021-02STA; 15th Street South & 7th Avenue South. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 21-047 be approved. Public Comment: Jacob Mills and Bob Jones. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Resolution 21-047 - Resolution of Necessity for Street Assessment Project 2021- 02STA; 15th Street South & 7th Avenue South Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: The City Council of the City of Brookings hereby declares the necessity of construction of the streets and public improvements of the City as follows: Water main, sanitary sewer main, water and sanitary sewer services, storm sewer, grading, curb and gutter, gravel base course and asphalt pavement for a total street width of forty-one feet (41’) for Collector streets located as follows: Collector Street: 7th Avenue South from 12th Street South to approximately one hundred fifty feet (150’) north of Remington Circle; and Collector Street: 15th Street South from approximately five hundred sixty feet (560’) east of Main Avenue South to approximately eight hundred thirty feet (830’) west of Medary Avenue; All in the City of Brookings, County of Brookings, State of South Dakota. 1. The general nature of the improvements is set forth above and reference for details is hereby made to the drawings and specifications prepared by the City Engineer and on file with the City Clerk. 2. The material to be used is concrete for curb and gutter. Th e material for the street construction shall be asphalt pavement on gravel base course or equivalent materials. The water and sanitary sewer mains shall be PVC pipe. Storm sewer shall be reinforced concrete pipe. 3. The project improvement is substantially uniform. The estimated construction cost for the street work including grading, storm drainage, curb and gutter, gravel base course and asphalt surfacing to a width of thirty-one feet (31') is approximately $431.30 per foot or $215.65 per side of street. The estimated construction cost for the water main work is approximately $97.28 per foot or $48.64 per side of street. Water services shall be assessed on a per unit basis for each service to the abutting property owner. The estimated construction cost for the sanitary sewer main work is approximately $103.32 per foot or $51.66 per side of street. Sanitary sewer services shall be assessed on a per unit basis for each service to the abutting property owner. The City will assume and pay for any extra thickness required on collector streets in excess of that described for residential streets and for the extra width of the streets which exceed thirty-one feet (31’) from back of the curb to back of the curb, concrete valley gutter along Lot 1 and Lot 3, Block 2, D & D Addition, detention pond work on Block 3 of D & D Addition, channel grading south of 15th Street South, sidewalk along city-owned parcels, street signage and striping. 4. A description of classes of lots to be assessed is as follows: The lots and tracts of land lying adjacent to the streets described above. Water services and sanitary sewer services shall be assessed on a per unit basis for each service to the abutting property owner. 5. The method of apportionment of benefits is as follows: The cost of improvements described above are to be assessed against all lots and tracts of land according to the front foot benefits determined by the governing body to accrue to all such lots and tracts from the construction of the improvement. The assessed amount includes engineering and administration costs. The assessment shall be divided into ten (10) equal annual installments and interest of ten (10) percent per annum shall accrue on the unpaid balance of the assessment. 6. The benefits to the abutting properties are as follows: Substantial increase in the market value of the property. Improved street and drainage system. Upgrade to an urban hard-surfaced street. City will provide snow removal, street lighting and street maintenance. The above-described improvement shall be hereinafter referred to as Street Assessment Project 2021-02STA, 15th Street South and 7th Avenue South, which shall be deemed a description of the improvement of the streets as hereinabove set forth. Resolution 21-050. A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, that Resolution 21-050, a Resolution approving the Appointment of Assistant City Attorney Eric N. Rasmussen, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Resolution 21-050 - A Resolution Approving the Appointment of Assistant City Attorney Eric N. Rasmussen Whereas, City Attorney Steve Britzman has retained Eric N. Rasmussen, of Brookings, South Dakota, who is an attorney licensed in South Dakota, to provide legal assistance for the City of Brookings and in the event Steve Britzman is unavailable or on vacation; and Whereas, Steve Britzman has requested that Eric N. Rasmussen be appointed as a senior Assistant City Attorney to provide legal services to the City of Brookings, and to assist when Steve Britzman is not available or on vacation; Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota that Eric N. Rasmussen is appointed as an Assistant City Attorney of the City of Brookings. Resolution 21-053. Resolution 21-053, a Resolution designating the Fishback Soccer Complex as a Permissible Consumer Fireworks Discharge Location on July 4, 2021, died due to lack of motion. Adjourn. A motion was made by Council Member Brink, seconded by Council Member Tilton Byrne, that the meeting be adjourned at 7:20 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ ATTEST: Oepke G. Niemeyer, Mayor __________________________ Bonnie Foster, City Clerk ADDENDUM: Volunteer Listing for Work Comp Coverage (as per Resolution 16-025) Brookings City Library Volunteers – Updated June 2021: Cheryl Riley. Brookings City Fire Department Volunteers – Updated June 2021: Major Anderson, Kurt Athey, John Austin, Kevin Banken, Alex Berkness, Pete Bolzer, Derek Brown, Dan Bruna, Nick Casstevens, Bret Christianson, Dillon Collins, Tom Coughlin, Mandi Cramer, Roger DeBates, Monte Gummer, Scott Hallan, Bill Hardin, Troy Herrig, Kevin Hilmoe, Dalton Holm, Dave Koch, Jim Kriese, Mike Lambertus, Brett Lawrence, Brandon Long, Jaque Mann, Joshua Mann, Lori Mergen, Nick Oines, Keegan Reeves, Steven Rensink, Conn or Ringling, Jared Runge, Tim Rynearson, Rob Schuneman, Jeremy Scott, Jesse Seas, Austin Sechser, Lucas Speakman, Charles Stephenson, Shannon Stuefen, Curt Teal, Anthony Teesdale, Natanr Vandersnick, Adam Vaux, Fabian Ysker. Brookings City Police Department Reserve Unit – Updated June 2021: Mark Anawski, Justin Borns, Andrew Erickson, Zach Erickson, Josh Henslin, Matthew Luebbert, Jaque Mann, Joshua Mann, Cora Olson, Ben Quam. Brookings City Park & Recreation Volunteers – Updated June 2021: Brian Kvamme – new – effective 06/01/21; Daniel Forester – new – effective 06/01/21; Jason Bain – new – effective 06/01/21; Joseph Schumacher – new – effective 06/01/21; Julio Castillon – new – effective 06/01/21; Natasha Raguse – new – effective 06/01/21; Nathan Hilbrands – new – effective 06/01/21; Robb McClemans – new – effective 06/01/21; Shane Kuehl – new – effective 06/01/21; Tyler Koch – new – effective 06/01/21. 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 21-0312,Version:1 Presentation: Proclamation celebrating Lesbian, Gay, Bisexual, Transgender, Queer, and Plus (LGBTQ+) Pride Month. Attachments: Proclamation City of Brookings Printed on 6/18/2021Page 1 of 1 powered by Legistar™ Mayoral Proclamation CITY OF BROOKINGS, SOUTH DAKOTA WHEREAS, June is celebrated as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) Pride Month across the United States; and WHEREAS, for almost two hundred forty-five years, the Declaration of Independence has inspired Americans ideals with the statement: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”; and WHEREAS, Pride Month celebrates everyone’s right to live without fear of prejudice based on sexual orientation or gender identity; and WHEREAS, the LGBTQ+ community includes our neighbors, friends, and family members; and WHEREAS, the City of Brookings vision is to be a welcoming and inclusive community where all can bring your dreams; and WHEREAS, the City of Brookings has received a perfect score of 100 on the Human Rights Campaign Municipal Equality Index, the largest LGBTQ+ civil rights organization in the U.S. for three years in a row. NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim June 2021 as: LGBTQ+ PRIDE MONTH IN WITNESS WHEREOF, I have hereunto set my hand, and caused to be affixed the Great Seal of the City of Brookings, this 22nd day of June, 2021. ____________________________ Oepke G. Niemeyer, Mayor 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 21-022,Version:1 Introduction and First Reading on Ordinance 21-022, an Ordinance amending Section 94-222 of the Zoning Ordinances of the City of Brookings and pertaining to the procedure for Conditional Use Applications. Public Hearing: July 13, 2021. Summary: The City is proposing an amendment to Chapter 94-222, amending the deadline to submit Conditional Use Permit Applications from the 15th day of the month to the 1st day of the month prior to the next Planning Commission meeting. Recommendation: The Development Review Team and staff recommend approval. The Planning Commission voted 5-2 recommending approval on June 1, 2021. Attachments: Memo Ordinance - Clean Ordinance - Marked Planning Commission Notice Planning Commission Minutes City of Brookings Printed on 6/17/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner Council Meeting: June 22, 2021 / July 13, 2021 Subject: Ordinance 21-022, an Ordinance amending Section 94-222 of the Zoning Ordinances of the City of Brookings and pertaining to the procedure for Conditional Use Applications Person(s) Responsible: Mike Struck, Community Development Director Summary: The City is proposing an amendment to Chapter 94-222, amending the deadline to submit Conditional Use Permit Applications from the 15th day of the month to the 1st day of the month prior to the next Planning Commission meeting. Background: Currently, the ordinance establishes a deadline of the 15th day of the month prior the next planning commission meeting. The Development Review Team meets on the first and third Thursdays or additional Thursdays as needed. The current deadline creates a rushed timeline to seek Development Review Team review and recommendation prior to finalizing Planning Commission packets. Item Details: The ordinance amendment will change the application deadline from the 15 th of the month to the 1st of the month prior to a Planning Commission meeting. This will allow sufficient time for the Development Review Team to review and make recommendations on items that will go to the Planning Commission the following month. The Planning Commission has made a recommendation to approve the ordinance change; however, a few commission members did note a potential impact to the development community by requiring Conditional Use Permit Applications to be submitted an additional two weeks in advance. The proposal is intended to allow for an efficient and thorough vetting of projects requiring a Conditional Use Permit prior to their appearance on Planning Commission and City Council agendas. Legal Consideration: None. Strategic Plan Consideration: Service and Innovation Excellence – the proposed ordinance change is to allow for an efficient and thorough vetting process for projects requiring a Conditional Use Permit prior to their appearance on Planning Commission and City Council agendas. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Do nothing The Development Review Team and staff recommend approval. The Planning Commission voted 5-2 recommending approval on June 1, 2021. Supporting Documentation: Ordinance – Clean Ordinance – Marked Planning Commission Notice Planning Commission Minutes Ordinance 21-022 An Ordinance Amending Section 94-222 of the Zoning Ordinances of the City of Brookings and pertaining to the procedure for Conditional Use Applications Be It Ordained by the Governing Body of the City of Brookings, South Dakota that Section 94-222 of the Zoning Ordinances of the City of Brookings be amended as follows: Sec. 94-222. – Application. To obtain a conditional use permit, the applicant shall file a written application on a form furnished by the community development department. The application shall be submitted on or before the 1st day of the month in order for the Conditional Use Permit application to be considered at the following month’s Planning Commission meeting (e.g. file by August 1st for consideration at the September Planning Commission meeting). Every application shall contain the following information: 1) Legal description of the land upon which such conditional use is requested, together with the street address. 2) Name and address of each owner of the property. 3) Name, address, phone number and signature of the applicant. 4) Zoning district classification under which the property is regulated at the time of such application. 5) A site plan unless waived by the community development department. 6) Any other information concerning the property as may be requested by the community development department. Any and all ordinances in conflict herewith are hereby repealed. First Reading: June 22, 2021 Second Reading: July 13, 2021 Published: CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Ordinance 21-022 An Ordinance Amending Section 94-222 of the Zoning Ordinances of the City of Brookings and pertaining to the procedure for a Conditional Use Application Be It Ordained by the Governing Body of the City of Brookings, South Dakota that Section 94-222 of the Zoning Ordinances of the City of Brookings be amended as follows: Sec. 94-222. – Application. To obtain a conditional use permit, the applicant shall file a written application on a form furnished by the community development department. The application shall be submitted on or before the 1st 15th day of the month prior to the next regularly scheduled planning commission meeting in order for the Conditional Use Permit application to be considered at the following month’s Planning Commission meeting (e.g. file by August 1st for consideration at the September Planning Commission meeting). Every application shall contain the following information: 1) Legal description of the land upon which such conditional use is requested, together with the street address. 2) Name and address of each owner of the property. 3) Name, address, phone number and signature of the applicant. 4) Zoning district classification under which the property is regulated at the time of such application. 5) A site plan unless waived by the community development department. 6) Any other information concerning the property as may be requested by the community development department. Any and all ordinances in conflict herewith are hereby repealed. First Reading: June 22, 2021 Second Reading: July 13, 2021 Published: CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to Section 94-222 – Application amending the submission date for conditional use permit applications from the 15th day of any month prior to the next regularly scheduled planning commission meeting to the 1st day of any month prior to the next regularly scheduled planning commission meeting. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, May 4, 2021 in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 23rd day of April, 2021. ____________________________ Ryan Miller City Planner Planning Commission Brookings, South Dakota June 1, 2021 OFFICIAL MINUTES Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on Tuesday June 1, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Jacob Mills, Jason Meusburger, Eric Rasmussen and Jorgenson. Absent were Ashley Biggar and Lee Ann Pierce. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Keith Rounds, City Manager Paul Briseno, and Brookings Municipal Utilities General Manager Steve Meyer. Items #5c - The City of Brookings submitted amendments to Chapter 94, Zoning, pertaining to Section 94-222 – Application amending the submission date for conditional use permit applications from the 15th day of any month prior to the next regularly scheduled planning commission meeting to the 1st day of any month prior to the next regularly scheduled planning commission meeting. (Fargen/Aiken) Motion to remove from the table. All present voted aye. (Pierce/Meusburger) Motion to approve the amendment (Motion made at the May 4, 2021 meeting). Drew and Mills voted no. All others voted aye. MOTION CARRIED. OFFICIAL SUMMARY Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on Tuesday June 1, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Jacob Mills, Jason Meusburger, Eric Rasmussen and Jorgenson. Absent were Ashley Biggar and Lee Ann Pierce. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Keith Rounds, City Manager Paul Briseno, and Brookings Municipal Utilities General Manager Steve Meyer. Item #5c – This amendment is to change the deadline for a conditional use permit application from the 15th of the month to the 1st of the month prior to the month of the regularly scheduled meeting. The meeting adjourned at 6:48 p.m. ______________________ __________________________ Ryan Miller, City Planner Gregg Jorgenson, Chairperson 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 21-023,Version:1 Introduction and First Reading on Ordinance 21-023, an Ordinance amending Chapter 94-7(b) of the City of Brookings and pertaining to the procedure for a Zoning Change. Public Hearing: July 13, 2021. Summary: The City is proposing an amendment to Chapter 94-7(b), amending the deadline to submit rezoning requests from the 15th day of the month to the 1st day of the month prior to the next Planning Commission meeting. Recommendation: The Development Review Team and staff recommend approval. The Planning Commission voted 5-2 recommending approval on June 1, 2021. Attachments: Memo Ordinance - Clean Ordinance - Marked Planning Commission Notice Planning Commission Minutes City of Brookings Printed on 6/17/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner Council Meeting: June 22, 2021 / July 13, 2021 Subject: Ordinance 21-023, an Ordinance amending Chapter 94-7(b) of the City of Brookings and pertaining to the procedure for a Zoning Change Person(s) Responsible: Mike Struck, Community Development Director Summary: The City is proposing an amendment to Chapter 94-7(b), amending the deadline to submit rezoning requests from the 15th day of the month to the 1st day of the month prior to the next Planning Commission meeting. Background: Currently, the ordinance establishes a deadline of the 15th day of the month prior the next Planning Commission meeting. The Development Review Team meets on Thursdays as needed. The current deadline creates a rushed timeline to seek Development Review Team review and recommendation prior to finalizing planning commission packets. Item Details: The ordinance amendment will change the application deadline from the 15 th of the month to the 1st of the month prior to a Planning Commission meeting. This will allow sufficient time for the Development Review Team to review and make recommendations on items that will go to the Planning Commission the following month. The Planning Commission has made a recommendation to approve the ordinance change; however, a few commission members did note a potential impact to the development community by requiring rezoning requests to be submitted an additional two weeks in advance. The proposal is intended to allow for an efficient and thorough vetting of rezoning requests prior to their appearance on Planning Commission and City Council agendas. Legal Consideration: None. Strategic Plan Consideration: Service and Innovation Excellence – the proposed ordinance change is to allow for an efficient and thorough vetting process for rezoning requests prior to their appearance on Planning Commission and City Council agendas. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Do nothing The Development Review Team and staff recommend approval. The Planning Commission voted 5-2 recommending approval on June 1, 2021. Supporting Documentation: Ordinance - Clean Ordinance - Marked Planning Commission Notice Planning Commission Minutes Ordinance 21-023 An Ordinance Amending Chapter 94-7(b) of the City of Brookings and pertaining to the procedure for a Zoning Change Be It Ordained by the Governing Body of the City of Brookings, South Dakota that Section 94-7(b) of the Zoning Ordinances of the City of Brookings be amended as follows: Sec. 94-7. – Amendments. (b) Application requirements. All applications shall be submitted to the community development department in the form as provided by the community developm ent department, on or before the 1st day of the month preceding the regular planning commission meeting in which the request is to be heard. (e.g. file by August 1st for consideration at the September Planning Commission meeting). Any and all ordinances in conflict herewith are hereby repealed. First Reading: June 22, 2021 Second Reading: July 13, 2021 Published: CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Ordinance 21-023 An Ordinance Amending Chapter 94-7(b) of the City of Brookings and pertaining to the procedure for a Zoning Change Be It Ordained by the Governing Body of the City of Brookings, South Dakota that Section 94-7(b) of the Zoning Ordinances of the City of Brookings be amended as follows: Sec. 94-7. – Amendments. (b) Application requirements. All applications shall be submitted to the community development department in the form as provided by the community developm ent department, on or before the 1st fifteenth day of the month preceding the regular planning commission meeting in which the request is to be heard . (e.g. file by August 1st for consideration at the September Planning Commission meeting). Any and all ordinances in conflict herewith are hereby repealed. First Reading: June 22, 2021 Second Reading: July 13, 2021 Published: CITY OF BROOKINGS, SD Opeke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to Section 94-7(b) Application Requirements amending the submission date for applications for zoning changes from on or before the fifteenth day of the month preceding the regular planning commission meeting in which the request is to be heard to on or before the 1st day of the month preceding the regular planning commission meeting in which the request is to be heard . NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, May 4, 2021 in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 23rd day of April, 2021. ____________________________ Ryan Miller City Planner Planning Commission Brookings, South Dakota June 1, 2021 OFFICIAL MINUTES Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on Tuesday June 1, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Jacob Mills, Jason Meusburger, Eric Rasmussen and Jorgenson. Absent were Ashley Biggar and Lee Ann Pierce. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Keith Rounds, City Manager Paul Briseno, and Brookings Municipal Utilities General Manager Steve Meyer. Item #5b – The City of Brookings submitted amendments to Chapter 94, Zoning, pertaining to Section 94-7(b) Application Requirements amending the submission date for application for zoning changes from “on or before the fifteenth day of the month preceding the regular planning commission meeting in which the request is to be heard” to “on or before the 1st day of the month preceding the regular planning commission meeting in which the request is to be heard.” (Mills/Meusburger) Motion to remove from the table. All present voted aye. (Fargen/Biggar) Motion to approve the amendment (motion made at the May 4, 2021 meeting). Drew and Mills voted no. All others voted aye. MOTION CARRIED. OFFICIAL SUMMARY Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on Tuesday June 1, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Jacob Mills, Jason Meusburger, Eric Rasmussen and Jorgenson. Absent were Ashley Biggar and Lee Ann Pierce. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Keith Rounds, City Manager Paul Briseno, and Brookings Municipal Utilities General Manager Steve Meyer. Item #5b – This amendment is to change the deadline for a rezoning request from the 15th of the month to the 1st of the month (prior to the month of the regularly scheduled meeting) to allow adequate time for staff and Development Review Team (DRT) for review. Fargen asked if any contractors have contacted staff since this item was discussed at the May Planning Commission meeting. Miller had heard from one contractor. Miller also explained that by moving this deadline ahead, the approval through DRT, Planning Commission, and City Council will actually be sooner than the current situation. Mills is concerned about the deadline date. He feels that developers need the additional 2 weeks to be able to provide requests and items for review. Briseno explained the DRT process to the Planning Commission. The DRT does a complete review of projects and proposals to be sure they are well prepared before coming to the Planning Commission. He feels that the DRT team does have a thorough review process that will help the developer have everything they need to help expedite a request to prevent it getting held up at the Planning Commission stage. Drew feels that there maybe is a significant amount of time between the 1st and the 15th that could delay the developers. With the short construction season that we have here, developers need to have more time to submit plans. The meeting adjourned at 6:48 p.m. ______________________ __________________________ Ryan Miller, City Planner Gregg Jorgenson, Chairperson 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 21-019,Version:2 Second Reading and Action on Ordinance 21-019, an Ordinance establishing a schedule for introduction and adoption of the Annual Municipal Budget Ordinance of the City of Brookings, South Dakota. Summary: The adoption of Senate Bill 138 allows for the introduction of the annual budget ordinance as late as the first regular City Council meeting in November. Moving the introduction of the budget ordinance to later in the year will allow for better understanding and projecting of revenues and expenditures, which allows for more accurate budgeting. To move the introduction of the annual budget ordinance later in the year, an ordinance is required to establish a budget schedule. Recommendation: Staff recommends approval. Attachments: Memo Ordinance Senate Bill 138 City of Brookings Printed on 6/17/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jacob Meshke, Assistant City Manager Council Meeting: June 8, 2021 / June 22, 2021 Subject: 2022 Budget Schedule Person(s) Responsible: Jacob Meshke, Assistant City Manager Summary: The adoption of Senate Bill 138 allows for the introduction of the annual budget ordinance as late as the first regular City Council meeting in November. Moving the introduction of the budget ordinance to later in the year will allow for better understanding and projecting of revenues and expenditures, which allows for more accurate budgeting. To move the introduction of the annual budget ordinance later in the year, an ordinance is required to establish a budget schedule. Background: South Dakota Codified Law previously required municipalities to have the first reading on the annual budget ordinance within the month of September. Senate Bill 138 was adopted as law in the 2021 Legislative Session. Senate Bill 138 allows municipalities to move the introduction of the annual budget ordinance to as late as the first regular meeting in November. Senate Bill 138 also requires each municipality that moves the timeline of the introduction of the annual budget ordinance to pass an ordinance which establishes budget hearings and publication deadlines. Item Details: The ordinance fulfills the requirements outlined in Senate Bill 138, which would allow the City of Brookings to move the introduction of the annual budget ordinance back. Moving the introduction of the budget ordinance to later in the year will allow better understanding and projecting of revenues and expenditures. Better projections allow for more accurate budgeting, create efficiencies in the budgeting process, and maximize the utilization of funds. While the ordinance would grant flexibility to bring the annual budget ordinance forward as late as the first regular meeting in November, staff proposes that the first reading of the budget ordinance would be the last meeting in October and the second rea ding would be the first meeting in November to avoid end -of-year and holiday conflicts. The City must still certify the Property Tax Levy by October 1 with Brookings County. As such, staff will bring forward a separate ordinance in August / September to certify the Property Tax Levy. Legal Consideration: City Attorney Steve Britzman drafted and reviewed the ordinance. Strategic Plan Consideration: Fiscal Responsibility Safe, Inclusive, and Connected Community Service and Innovation Excellence Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Do nothing Staff recommends approval of the ordinance as presented. Supporting Documentation: Memo Ordinance Senate Bill 138 Ordinance 21-019 An Ordinance Establishing a Schedule for Introduction and Adoption of the Annual Municipal Budget Ordinance of the City of Brookings, South Dakota Be It Ordained by the City Council of the City of Brookings, South Dakota, as follows: I. Sec. 2-92. Introduction and Adoption of Annual Municipal Budget Ordinance. A. Pursuant to SDCL 9-21-34, the annual municipal budget ordinance shall be submitted to the City Council for first reading not later than the first regular meeting in November. B. The second reading of the annual municipal budget ordinance shall be held at least five days after the first reading. C. The annual municipal budget ordinance shall be published prior to December 31st following adoption. II. Any and all ordinances in conflict herewith are hereby repealed. First Reading: June 8, 2021 Second Reading: June 22, 2021 Published: June 25, 2021 CITY OF BROOKINGS, SD ATTEST: Oepke G. Niemeyer, Mayor Bonnie Foster, City Clerk 21.377.14 96th Legislative Session 426 2021 South Dakota Legislature Senate Bill 138 ENROLLED AN ACT ENTITLED An Act to provide flexibility for certain municipal budget provisions. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: Section 1. That a NEW SECTION be added: 9-21-34. Municipal appropriation--Deadlines. A municipality may move the deadline for introducing the annual appropriation or budget, contained in § 9-21-2 and subdivision 9-10-15(5), as applicable, to as late as the first regular meeting of the governing board in November. Each municipality that opts to move the deadlines shall, by ordinance, establish budget hearing and publication deadlines pursuant to § 9-19-7. Section 2. That a NEW SECTION be added: 9-21-34.1. Municipal appropriation--Moved deadline--Certification. If a municipality opts to move the budget deadlines, the provisions of § 9-21-20 do not apply. On or before October first, after notice an d hearing on the requested levies, the municipal finance officer shall certify the tax levies to the county auditor in the county that the municipality is situated in the following form: For general purposes.......... For interest and debt service fund.......... 21.377.14 2 426 SB138 ENROLLED An Act to provide flexibility for certain municipal budget provisions. I certify that the attached Act originated in the: Senate as Bill No. 138 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk Senate Bill No. 138 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2021 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2021 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2021 at _________ o'clock __M. Secretary of State By Asst. Secretary of State 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 21-020,Version:2 Public Hearing and Action on Ordinance 21-020, a Temporary Ordinance Establishing Procedures Pertaining to Licensing Medical Cannabis Establishments in the City of Brookings, South Dakota. Summary: The City of Brookings has submitted a temporary ordinance regarding the issuance of local medical cannabis establishment permits and/or licenses. The proposed ordinance is temporary while the City awaits guidance from the South Dakota Department of Health on rules and regulations pertaining to the licensing of medical cannabis facilities. Recommendation: The Planning Commission voted 7 - 0 recommending approval. Staff recommends approval. Attachments: Memo Ordinance Legal Notice Planning Commission Minutes City of Brookings Printed on 6/17/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner Meeting: June 8, 2021 / June 22, 2021 Subject: Temporary Ordinance Pertaining to Medical Cannabis Establishments Person(s) Responsible: Mike Struck, Community Development Director Summary: The City of Brookings has submitted a temporary ordinance regarding the issuance of local medical cannabis establishment permits and/or licenses. The proposed ordinance is temporary while the City awaits guidance from the South Dakota Department of Health on rules and regulations pertaining to the licensing of medical cannabis facilities. Background: Initiated Measure 26 (IM 26), which legalized medical cannabis in the State of South Dakota, provides that the South Dakota Department of Health shall set rules for medical cannabis establishments no later than October 29, 2021 . Due to the current lack of Department of Health standards and requirements, the City’s current regulations and controls may not yet adequately address the unique needs and impacts of medical cannabis establishments. Item Details: The proposed ordinance is temporary while the City awaits guidance from the South Dakota Department of Health on rules and regulations pertaining to the licensing of medical cannabis facilities. As IM 26 has an implementation date of July 1, 2021, this temporary ordinance would allow the City to deny any applications for medical cannabis facilities until such time as the State adopts rules and regulations for the licensing of medical cannabis facilities. In the interim, the City continues to research zoning regulations for medical cannabis facilities. Legal Consideration: City Attorney Steve Britzman has reviewed the temporary ordinance. Strategic Plan Consideration: 1) Fiscal Responsibility 2) Safe, Inclusive, Connected Community 3) Service and Innovation Excellence 4) Sustainability 5) Economic Growth Financial Consideration: None Options and Recommendations: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Do nothing The Planning Commission voted 7 – 0 recommending approval. Staff recommends approval. Supporting Documentation: Ordinance Hearing Notice Planning Commission Minutes Ordinance 21-020 A Temporary Ordinance Establishing Procedures Pertaining to Licensing Medical Cannabis Establishments in the City of Brookings, South Dakota. Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows: I. Whereas, a municipal government may adopt an ordinance not in conflict with SDCL Chapter 34-20G, governing the time, place, manner, and number of medical cannabis establishments in the locality. A local government may also establish civil penalties for violation of an ordinance governing the time, place, and manner that a medical cannabis establishment may operate in a municipality. A municipal government may also require a medical cannabis establishment to obtain a municipal license and may require compliance with zoning requirements to operate, and may charge a reasonable fee for the municipal license; and Whereas, recently initiated state laws authorizing medical cannabis establishments will be effective on July 1, 2021. The Initiated Measure (IM 26) provides that the South Dakota Department of Health shall promulgate rules for medical cannabis establishments pursuant to Chapter 1-26 not later than October 29, 2021. During the time between July 1, 2021 and potentially as late as October 29, 2021, until the Department of Revenue promulgates these rules, the City of Brookings will not know the Department of Health regulations for medical cannabis establishments, and will not be able to adequately assess the local zoning and licensing requirements necessary to approve local licenses; and Whereas, the City of Brookings, South Dakota (“Municipality”), makes a finding that due to the current lack of Department of Health Standards and requirements, the City’s current regulations and controls may not yet adequately address the unique needs and impacts of medical cannabis establishments as defined in SDCL 34 -20G-1; and Whereas, the Department of Health regulations for medical cannabis establishments are indispensable in the proper planning for zoning and licensing of medical cannabis establishments. Also, the public interest requires that the City analyze and evaluate the impacts of medical cannabis establishments in light of the State regulations; and Whereas, the City makes a finding that the City cannot issue a local permit or license to a medical cannabis establishment prior to the South Dakota Department of Health’s promulgation of regulations governing the same; and Whereas, the City hereby exercises its authority under SDCL 11-4-3.1 and SDCL 9-19- 13 to establish a temporary ordinance regarding the issuance of any local permits / licenses for medical cannabis establishments within the City; and Whereas, this temporary ordinance will ensure that appropriate zoning ordinance and licensing ordinances, and any proposed amendments to the City’s Comprehensive Plan can be thoroughly examined with adequate public input from citizens, business interests, and medical cannabis industry representatives; and Whereas, the City finds that a temporary ordinance addressing medical cannabis establishments is reasonable to preserve the status quo and prevent significant investment pending the promulgation of necessary Department of Health regulations governing medical cannabis establishments; and Whereas, the City finds that this ordinance is necessary to protect and immediately preserve the public health, safety, welfare, peace and support of the municipal government and its existing public institutions; Now, Therefore, Be It Ordained by the City of Brookings, South Dakota: Section 1. Temporary Ordinance – Application for Local License A medical cannabis establishment desiring to operate in the City of Brookings shall be required to apply for a license from the City. Applications for a local license to operate a medical cannabis establishment, as defined by SDCL 34-20G-1, shall not be accepted until the South Dakota Department of Health has promulgated regulations as required by SDCL 34-20G-72. Any application received prior to such regulations being promulgated shall not be received and will be returned to the applicant until this temporary ordinance is repealed. Section 2. Immediate Effect. This ordinance is necessary to protect and immediately preserve the public health, safety, welfare, peace, and support of the municipal government and its existing public institutions pursuant to SDCL 11-4-3.1 and SDCL 9-19-13. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: June 8, 2021 Second Reading: June 22, 2021 Published: June 25, 2021 CITY OF BROOKINGS, SD ATTEST: Oepke G. Niemeyer, Mayor Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF PUBLIC HEARING Ordinance 21-020 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, June 22, 2021, in the Brookings City & County Government Center Chambers, 520 Third Street, to consider adoption of a revision to the City Code of Ordinances, entitled Ordinance 21-020, A Temporary Ordinance Regarding the Issuance of Local Medical Cannabis Establishment Permits and/or Licenses. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 11th day of June, 2021. CITY OF BROOKINGS Bonnie Foster, City Clerk Published one time at an approximate cost: $ . Planning Commission Brookings, South Dakota June 1, 2021 OFFICIAL MINUTES Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on Tuesday June 1, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Jacob Mills, Jason Meusburger, Eric Rasmussen and Jorgenson. Absent were Ashley Biggar and Lee Ann Pierce. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Keith Rounds, City Manager Paul Briseno, and Brookings Municipal Utilities General Manager Steve Meyer. Item #5a - The City of Brookings submitted a temporary ordinance regarding the issuance of local medical cannabis establishment permits and/or licenses. (Mesuburger/Aiken) Motion to approve the temporary ordinance. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5a – This is a temporary ordinance regarding the issuance of permits/licenses for local medical cannabis establishments. This temporary ordinance allows the City more time until they can obtain guidance from the South Dakota Department of Health. Current ruling is that medical cannabis establishments can operate starting July 1, 2021. Rasmussen asked for clarification of this ordinance. Struck explained that this is not a moratorium, this is an ordinance that allows the City to “not” accept any applications until the rules and regulations have been put into place. 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 21-0307,Version:1 Public Hearing and Action on a Temporary Alcohol Application from the Brookings Area Chamber Downtown Committee, to host a series of events for Downtown at Sundown on the 300 Block of 5 th Street and the 400 Block of Main Avenue on July 22, July 29, August 5, August 12, and August 19, 2021. Summary: The Brookings Area Chamber Downtown Committee, has applied for a Temporary Alcohol License, to host a series of events for Downtown at Sundown on the 300 Block of 5th Street and the 400 Block of Main Avenue on July 22, July 29, August 5, August 12, and August 19, 2021. All documents have been filed with the City pertaining to insurance and other licensing requirements. Recommendation: Staff recommends approval. Attachments: Memo Legal Notice Location Map City of Brookings Printed on 6/17/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: June 22, 2021 Subject: Temporary Alcohol Application for the Downtown at Sundown event in July and August 2021 Person(s) Presenting: Bonnie Foster, City Clerk Summary: The Brookings Area Chamber Downtown Committee, has applied for a Temporary Alcohol License, to host a series of events for Downtown at Sundown on the 300 Block of 5th Street and the 400 Block of Main Avenue on July 22, July 29, August 5, August 12, and August 19, 2021. Background: The Downtown at Sundown event began in 2015 and ran every Thursday for 7 weeks with approx. 526 attendees per event, 7 headlining bands, and 4 food / alcohol vendors. This event has grown to an attendance of 1,500 per e vent for 5 weeks with 4 food / alcohol vendors: Main Street Pub, Pints & Quarts, Wooden Legs Brewing, and Craft. Item Details: All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been f iled with the City pertaining to insurance and other licensing requirements. Legal Consideration: City Attorney Steve Britzman has reviewed the event application. Strategic Plan Consideration: Safe, Inclusive, Connected Community– facility improvements, emergency mgmt. planning, Master Plans, Studies, Volunteer Boards Financial Consideration: Resolution 15-066 established the License Fees for the Issuance of Special Alcoholic Beverage Licenses in the City of Brookings. There will be a fee assessed at $50 per event date. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Do nothing Staff recommends approval. Supporting Documentation: Hearing Notice Location Map Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, June 22, 2021, in the Brookings City & County Government Center, 520 Third Street, to consider a Temporary Alcohol License Application from the Brookings Area Chamber Downtown Committee to operate within the City of Brookings, South Dakota, to host a series of events on the 300 Block of 5th Street, and the 400 Block of Main Avenue on July 22, July 29, August 5, August 12, and August 19, 2021. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 14th day of June, 2021. 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 21-0310,Version:1 Action on a Revised Preliminary Plat for Lots 1-29, Block 1; Lots 1-2, Block 2; Lots 1-22, Block 3; Lots 1-13, Block 4; Lots 1-12, Block 5; Lots 1-11, Block 6; all in River Run Addition. Summary: Blairhill Properties, Inc., has submitted a revised preliminary plat for River Run Addition. The revised preliminary plat proposes to add three lots to a preliminary plat approved in January 2021. Recommendation: The Development Review Team and staff recommend approval. The Planning Commission voted 7-0 recommending approval on June 1, 2021. Attachments: Memo Legal Notice Planning Commission Notes Revised Preliminary Plat Approved Preliminary Plat Area Map Zoning Map City of Brookings Printed on 6/17/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner Council Meeting: June 22, 2021 Subject: Revised Preliminary Plat for Lots 1-29, Block 1; Lots 1-2, Block 2; Lots 1-22, Block 3; Lots 1-13, Block 4; Lots 1-12, Block 5; Lots 1-11, Block 6; all in River Run Addition Person(s) Responsible: Mike Stuck, Community Development Director Summary: Blairhill Properties, Inc., has submitted a revised preliminary plat for River Run Addition. The revised preliminary plat proposes to add three lots to a preliminary plat approved in January 2021. Background: The Preliminary Plat of River Run Addition was approved by the Planning Commission in December 2020 and by the City Council in January 2021. A revised Preliminary Plat has since been submitted, which proposes to add three lots within the 22-acre subdivision. Item Details: The plat includes: Block 1 – featuring 28 single-family zero-feet side yard lots designed for individually owned twin-home units with shared common walls and one outlot for drainage (29 total lots). Block 2 – featuring two single-family lots. Block 3 – featuring 11 single-family lots, 10 single-family zero-feet side yard lots, and one outlot for drainage (22 total lots). Block 4 – featuring seven (7) single-family lots and six (6) single-family zero-feet side yard lots (13 total lots). Block 5 – featuring 12 single family lots. Block 6 – featuring 11 single family lots. In total, the revised preliminary plat adds three additional lots from the original preliminary plat. The increase will allow the development to add more density in the form of additional single-family zero-feet side yard units. The additional density is still within the suggested density for the Medium Density Residential Land use described in the Future Land Use Plan. Density in the Medium Density Residential Land Use Category is suggested between four and twelve units per acre. This development includes 4.04 units per acre. No changes to the street layout or other major changes are include d in the revised preliminary plat; however, Section 51-34 requires a revised preliminary plat anytime additional lots are added to an approved preliminary plat. Legal Consideration: None. Strategic Plan Consideration: Economic Growth – the revised preliminary plat adds additional density to a development proposed for affordable workforce housing. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Do nothing The Development Review Team and staff recommend approval. The Planning Commission voted 7-0 recommending approval on June 1, 2021. Supporting Documentation: Legal Notice Planning Commission Minutes Revised Preliminary Plat Approved Preliminary Plat Area Map Zoning Map 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. NOTICE OF HEARING ON A REVISED PRELIMINARY PLAT NOTICE IS HEREBY GIVEN that Blairhill Properties, Inc., has submitted a revised preliminary plat of the following described real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: Lots 1-28, Block 1; Lots 1-2, Block 2; Lots 1-20, Block 3; Lots 1-13, Block 4; Lots 1-12, Block 5; Lots 1-11, Block 6, River Run Addition NOTICE IS FURTHER GIVEN that said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, June 1, 2021, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 21st day of May, 2021. Ryan Miller City Planner Planning Commission Brookings, South Dakota June 1, 2021 OFFICIAL MINUTES Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on Tuesday June 1, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Jacob Mills, Jason Meusburger, Eric Rasmussen and Jorgenson. Absent were Ashley Biggar and Lee Ann Pierce. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Keith Rounds, City Manager Paul Briseno, and Brookings Municipal Utilities General Manager Steve Meyer. Item #4a - Blairhill Properties Inc submitted a Revised Preliminary Plat for Lots 1-29, Block 1; Lots 1-2, Block 2; Lots 1-22, Block 3; Lots 1-13, Block 4; Lots 1-12, Block 5; Lots 1-11, Block 6, River Run Addition (Aiken/Fargen) Motion to approve the revised preliminary plat. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on Tuesday June 1, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Jacob Mills, Jason Meusburger, Eric Rasmussen and Jorgenson. Absent were Ashley Biggar and Lee Ann Pierce. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Keith Rounds, City Manager Paul Briseno, and Brookings Municipal Utilities General Manager Steve Meyer. Item #4a – In January of 2021, a preliminary plat for River Run Addition was approved. This revised preliminary plat will add 3 additional lots. The meeting adjourned at 6:48 p.m. ______________________ __________________________ Ryan Miller, City Planner Gregg Jorgenson, Chairperson 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 21-0311,Version:1 City of Brookings Progress Report. Summary: Jacob Meshke, Assistant City Manager, will provide a progress report highlighting the City’s activities/projects. Attachments: Presentation City of Brookings Printed on 6/17/2021Page 1 of 1 powered by Legistar™ Progress Report June 2021 20th Street Interchange •Project information available at www.20thstinterchange.com •Recent Updates •Negotiating with land owners for ROW & easements •Mobile home relocations are continuing and some tenants have already moved •Construction plans were submitted to DOT Bid Letting Office •Phase 2 Grant Agreement submitted to FHWA •Next Steps •Certify utilities and ROW: Summer 2021 •Bid Project –Fall 2021 •Construction –2022 –2023 Jefferson Avenue Drainage Project •Phase 1 Underway •Water Main Installed •Installing Storm Sewer •Curb/Gutter/Paving Next •Project Scope •Water Main •Storm Sewer •Curb & Gutter •Ramps •Storm water sump collection pilot project •Completion Date –October 2021 •Phase 1 –Medary North •Installing Storm Sewer •Sidewalk Next •Phase 2 –Medary South to follow •Completion –Sept. 2021 •Project Scope •Traffic Signals with Video Detection •Curb •Sidewalk Ramps •Turn Lanes 8th St. S. & Medary Ave. Traffic Signal •Working between 3rd and 5th Streets •Installing new sidewalk and ramps •New 8’ wide shared use path on east side of road •Asphalt overlay to follow •Completion –August 2021 15th Avenue Project •Opened May 31 •Memberships are up! •Family of Three (3) •2021 –1,122 •2019 –897 •Individual •2021 –513 •2019 –596 •Additional Family Members •2021 –324 •2019 –244 Pool Time! •Week of June 17 •Celebrate all in the waste management industry •Keep our community clean, safe, and beautiful National Waste and Recycling Workers Week •Brookings County passed a resolution and provided certificates of appreciation •POD administered nearly 14,000 doses POD Members Honored •Household Hazardous Waste Event •Swiftel Center •August 21 –8am to noon •Items Accepted: •Household •Automotive •Lawn and Garden •Home Improvement •Non-Perishable Food Item to Enter Paint…and More! •Officers Gabe Trout and Ben Liebl graduated from the SD Police Academy •Officer Tim Andersen received Police Department’s Employee of the Year award •Community Outreach •Safety Town •Panelist for CLEAR mental health forum •Panelist for Library’s Inclusive Spaces with LGBTQ Community Police •HAZMAT Training Event •Bow Fishing Championship •152 teams; 600 people Swiftel Center