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2021_07_13 CC PKT
City 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, July 13, 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 21-0317 Action to approve the June 22, 2021 City Council minutes. 06/22/2021 MinutesAttachments: 3.C.ID 21-0331 Action on appointments to City Boards, Committees and Commissions. 3.D.RES 21-057 Action on Resolution 21-057, a Resolution Authorizing the City Manager to Sign Documents for an Airport Coronavirus Response Grant Program (ACRGP) Grant for the Brookings Municipal Airport. Page 1 City of Brookings July 13, 2021City Council Meeting Agenda - Final Memo Resolution 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: 6.A.RES 21-056 Action on Resolution 21-056, a Resolution Awarding Bids on Project 2021-02STA 15th Street South and 7th Avenue South Project. Memo Resolution Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 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 21-021 Introduction and First Reading on Ordinance 21-021, an Ordinance repealing Article II of Chapter 42 of the Code of Ordinances of the City of Brookings, SD, and pertaining to the Board of Health. Second Reading: July 27, 2021. Memo Ordinance Attachments: 7.B.ORD 21-024 Introduction and First Reading on Ordinance 21-024, an Ordinance to permit by Conditional Use a Hair Salon in a Residence R-1B Single-Family District on Lot 5, Block 4, East Acres Second Addition, also known as 2029 Elmwood Drive. Public Hearing July 27, 2021. Page 2 City of Brookings July 13, 2021City Council Meeting Agenda - Final Memo Ordinance Legal Notice Planning Commission Minutes Application Major Home Occupation Checklist Aerial Map Site Plan Attachments: 7.C.ORD 21-025 Introduction and First Reading on Ordinance 21-025, an Ordinance establishing zoning regulations for cannabis establishments. Public Hearing: July 27, 2021. Memo Ordinance Legal Notice Planning Commission Minutes Attachments: 8. Public Hearings and Second Readings: 8.A.ORD 21-022 Public Hearing and Action 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. Memo Ordinance - Clean Ordinance - Marked Planning Commission Notice Planning Commission Minutes City Council Legal Notice Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 6/22/21 City Council read into the record 8.B.ORD 21-023 Public Hearing and Action 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. Memo Ordinance - Clean Ordinance - Marked Planning Commission Notice Planning Commission Minutes City Council Legal Notice Attachments: Page 3 City of Brookings July 13, 2021City Council Meeting Agenda - Final Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 6/22/21 City Council read into the record 8.C.ID 21-0344 Public Hearing and Action on a Commercial Corridor Design Review Overlay District site plan on Lot 1 excluding Lot H-1, Cheevers Addition, also known as 418 6th Street. Memo Legal Notice Planning Commission Minutes Site Plan Checklist Site Plan Plans Landscape Plan Aerial Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.D.ID 21-0340 Public Hearing and Action on a Commercial Corridor Design Review Overlay District Site Plan for 1402 / 1404 6th Street, CD Properties, LLC, owner. Memo Legal Notice Planning Commission Minutes Site Plan Application Checklist Plans Lighting Sheets Street Views Aerial Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.E.ID 21-0325 Public Hearing and Action on a Temporary Alcohol Application from Aramark Educational Services, LLC, to operate within the City of Brookings, South Dakota for an Awards Banquet to be held November 5, 2021 at the SDSU Alumni Center Woster Celebration Hall, 815 Medary Ave. Memo Legal Notice Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.F.ID 21-0313 Public Hearing and Action on a request to transfer an On-Off Sale Malt License for the Swiftel Center from VenuWorks LLC Management to Global Spectrum, LP, aka Spectra, 824 32nd Avenue. Legal description: Blocks 4-5, Wiese Addition. Page 4 City of Brookings July 13, 2021City Council Meeting Agenda - Final Memo Legal Notice City Code and SDCL References Location Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.G.RES 21-039 Public Hearing and Action on Resolution 21-039, a Resolution authorizing the City Manager to sign a Wine Operating Agreement for Global Spectrum, LP, dba Spectra Management Services at the Swiftel Center, 824 32nd Avenue. Legal description: Blocks 4-5, Wiese Addition. Memo Resolution Operating Agreement Legal Notice Location Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.H.ID 21-0315 Public Hearing and Action on a request for an On-Off Sale Malt License for the Mosaic Wine Bar, 225 Main Avenue. Legal description: North 57.5 feet of the East 155 feet, Temple Block Addition. Pending permit issuance and final inspection per the Community Development Dept. Memo Legal Notice Location Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.I.RES 21-055 Public Hearing and Action on Resolution 21-055, a Resolution authorizing the City Manager to sign a Wine Operating Agreement for Mosaic Wine Bar, 225 Main Avenue. Legal description: North 57.5 feet of the East 155 feet of Temple Block Addition. Memo Resolution Operating Agreement Legal Notice Location Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9. Other Business: 9.A.ID 21-0349 Action on an Amendment to the East Central Regional Communication Council Joint Powers Agreement. Page 5 City of Brookings July 13, 2021City Council Meeting Agenda - Final Memo Amendment Agreement #18-84 Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.B.RES 21-058 Action on Resolution 21-058, a Resolution of Necessity for Acquisition of Real Property for Public Highway Project. Memo Resolution Exhibit Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.C.RES 21-059 Action on Resolution 21-059, a Resolution of Necessity for Acquisition of Real Property for Public Highway Project. Memo Resolution Exhibit Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.D.RES 21-060 Action on Resolution 21-060, a Resolution of Necessity for Acquisition of Real Property for Public Highway Project. Memo Resolution Exhibit Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.E.RES 21-061 Action on Resolution 21-061, a Resolution of Necessity for Acquisition of Real Property for Public Highway Project. Memo Resolution Exhibit 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: Oepke Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Patty Bacon, Leah Brink, Joey Collins, Holly Tilton Byrne, Page 6 City of Brookings July 13, 2021City Council Meeting Agenda - Final 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 7 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 21-0317,Version:1 Action to approve the June 22, 2021 City Council minutes. Attachments: 06/22/2021 Minutes City of Brookings Printed on 7/6/2021Page 1 of 1 powered by Legistar™ Brookings City Council June 22, 2021 (unapproved) The Brookings City Council held a meeting on Tuesday, June 22, 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, Wayne Avery, Holly Tilton Byrne, and Nick Wendell. Absent: Council Member Joey Collins. City Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster were also present. 6:00 PM REGULAR MEETING Consent Agenda. A motion was made by Council Member Brink, seconded by Council Member Tilton Byrne, to approve the Consent Agenda. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Avery Absent: 1 – Collins. 4.A. Action to approve the agenda. 4.B. Action to approve the June 8, 2021 City Council Minutes. Proclamation. Mayor Niemeyer read a Proclamation celebrating Lesbian, Gay, Bisexual, Transgender, Queer, and Plus (LGBTQ+) Pride Month. 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. SDSU Student Association Report. Anna Shane, Government Affairs Chair for the SDSU Students Association, provided an update on SDSU happenings to the City Council and public. FIRST READING – Ordinance 21-022. An introduction and first reading was held 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. FIRST READING – Ordinance 21-023. An 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. Ordinance 21-019. A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, that 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 approved. The motion carried by the following vote: Yes: 6 – Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Avery; Absent: 1 – Collins. Ordinance 21-020. A public hearing was held on Ordinance 21-020, a Temporary Ordinance Establishing Procedures Pertaining to Licensing Medical Cannabis Establishments in the City of Brookings, South Dakota. A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, that Ordinance 21- 020 be approved. The motion carried by the following vote: Yes: 6 – Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Avery; Absent: 1 – Collins. Temporary Alcohol Application. A public hearing was held 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. A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, that the Temporary Alcohol Application be approved. The motion carried by the following vote: Yes: 6 – Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Avery; Absent: 1 – Collins. Preliminary Plat. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that 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, be approved. The motion carried by the following vote: Yes: 6 – Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Avery; Absent: 1 – Collins. Progress Report. Jacob Meshke, Assistant City Manager, provided a progress report highlighting the City’s activities/projects. Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, that the meeting be adjourned at 6:45 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ ATTEST: Oepke G. Niemeyer, Mayor __________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0331,Version:1 Action on appointments to City Boards, Committees and Commissions. Summary: Mayor Ope Niemeyer has submitted the following appointment recommendations for City Council advice and consent: Brookings Disability Awareness Committee Number of positions:1 Term Length:3 years Residency Requirement:Required for majority Purpose: The Brookings Disability Awareness Committee (BDAC) strives to advocate for the rights of people who have disabilities in our community. Throughout the year, specific events are held to bring awareness and information to our citizens. Technical assistance is provided to the business community, private individuals, governmental entities and nonprofit organizations. The goals of this service are to improve the quality of life for people who have disabilities through enhancing the knowledge base of entities in the community; and to further serve as a community-based advocacy group enhancing the ability of local entities to comply with Federal Civil Rights legislation. Mayor’s Recommendation: 1.Appoint Aysia Platte Park & Recreation Board Number of positions:1 High School Student Rep. Term Length:1 year for High School Rep. Residency Requirement: Not Required Purpose: The Park & Recreation Board provides advice to the Director of Parks, Recreation and Forestry to assist in fulfilling the administering of the public park system, recreation programs and city forestry program. The Board also advises the City Council and makes recommendations on matters regarding park capital improvements and planning. Mayor’s Recommendation: 1.Reappoint Isaac Schulte Public Arts Commission Number of positions:1 Term Length:3 years Residency Requirement:Required for Majority Purpose: Public art enhances the built environment of a city and enriches the lives of its citizens. A dedicated funding source for an established program of public art enhances the reputation of a city and serves as a vehicle for attracting new businesses and citizens. A public art program encourages a community’s artists and citizens to engage in creative activities and artistic development. A public City of Brookings Printed on 7/12/2021Page 1 of 2 powered by Legistar™ File #:ID 21-0331,Version:1 arts commission can develop and implement a unified public art strategy for a community. Mayor’s Recommendation: 1.Appoint Julia Eberhart Sustainability Council Number of positions:1 Term Length:3 years Residency Requirement:Required for Majority Purpose: The purpose of the Sustainability Council is to investigate, propose, educate, communicate, and advocate investment strategies and policies that will improve our future qualities of life while still meeting the needs of the present. Mayor’s Recommendation: 1.Appoint Albert Patin Recommendation: Staff recommends approval. City of Brookings Printed on 7/12/2021Page 2 of 2 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 21-057,Version:1 Action on Resolution 21-057, a Resolution Authorizing the City Manager to Sign Documents for an Airport Coronavirus Response Grant Program (ACRGP) Grant for the Brookings Municipal Airport. Summary: The Brookings Airport is eligible to receive $13,000 in federal grant funds from the Airport Coronavirus Response Grant Program (ACRGP). The funds will assist the airport and address the funding issues from the COVID-19 public health emergency and may be used for operational expenses, personnel, or development. Background: The Secretary of Transportation has announced the Brookings Airport is eligible for funds under the Airport Coronavirus Response Grant Program (ACRGP). The funds will assist airports and address the funding issues from the COVID-19 public health emergency. The funds may be used for operational expenses, personnel or development. The Brookings Airport is eligible to receive $13,000 of ACRGP. This resolution will authorize the City manager to sign documents for the ACRGP Grant for the Brookings Airport. Recommendation: Recommend approval of the resolution as presented. Attachments: Resolution City of Brookings Printed on 7/8/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: DJ Buthe, Public Works Director Council Meeting: July 13, 2021 Subject: Resolution 21-057: Documents for an Airport Coronavirus Response Grant Program (ACRGP) Grant for the Brookings Municipal Airport Person(s) Responsible: Matt Sommerfeld, Airport Manager Summary: This Resolution authorizes the City Manager to sign documents for an Airport Coronavirus Response Grant Program (ACRGP) Grant. The Brookings Airport is eligible to receive $13,000 in federal grant funds from the ACRGP. Background: Congress passed the Coronavirus Response and Relief Supplemental Appropriation Act (CRRSAA), signed into law on December 27, 2020, which includes nearly $2 billion in funds to be awarded as economic relief to eligible U.S. airports and eligible concessions at those airports to prevent, prepare for, and respond to the COVID-19 pandemic. To distribute these funds, the Federal Aviation Administration (FAA) has established the Airport Coronavirus Response Grant Program (ACRGP). The FAA will make grants to all airports that are part of the national airport system, including all commercial service airports, all reliever airports, and some public-owned general aviation airports. Item Details: The South Dakota Secretary of Transportation has announced the Brookings Airport is eligible for funds under the ACRGP. The funds will assist airports and address the funding issues from the COVID-19 public health emergency. The funds may be used for operational expenses, personnel, or development. The Brookings Airport is eligible to receive $13,000 of ACRGP. Legal Consideration: None. Strategic Plan Consideration: Fiscal Responsibility – financial transparency, service delivery, service level, outside agency funding. Acceptance of this grant will provide alternative funding necessary for the operation of the municipal airport. Financial Consideration: The City will receive $13,000 to reimburse for operational, personnel or development expenses related to COVID-19. This grant was unbudgeted as it was not anticipated during the 2021 budget process. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a work session 5. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Resolution 21-057 A Resolution Authorizing the City Manager to Sign Documents for a ACRGP Grant for the Brookings Airport Whereas, the City of Brookings desires financial assistance due to the COVID-19 public health emergency; and Whereas, the Brookings Airport is eligible for funding under the Airport Coronavirus Response Grant Program (ACRGP) to assist the airport in addressing the COVID-19 public health emergency. Now Therefore, Be It Resolved that the Brookings City Manager is authorized to sign all related documents for the CARES Act Grant. Dated this 13th day of July, 2021. CITY OF BROOKINGS _________________________ Oepke G. Niemeyer, Mayor ATTEST: ____________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 21-056,Version:1 Action on Resolution 21-056, a Resolution Awarding Bids on Project 2021-02STA 15th Street South and 7th Avenue South Project. Summary: This resolution will award the 2021-02STA 15th Street South and 7th Avenue South Project to Bowes Construction, Inc., Brookings, SD, for the low bid of $2,628,516.46. The bid is 5% lower than the engineer’s estimate of $2,775,000.00. The project will begin late summer 2021 and will be completed by the end of June 2022. Recommendation: Staff recommends awarding the project to Bowes Construction, Inc. for the low bid of $2,628,516.46. Attachments: Memo Resolution Map City of Brookings Printed on 7/8/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: DJ Buthe, Public Works Director Council Meeting: July 13, 2021 Subject: 15th Street South & 7th Avenue South Project Bid Award Person(s) Responsible: Thad Drietz, Acting City Engineer Summary: This resolution will award the 2021-02STA 15th Street South and 7th Avenue South Project to Bowes Construction, Inc., Brookings, SD, for the low bid of $2,628,516.46. The low bid is approximately 5% lower than the engineer’s estimate of $2,775,000.00. The project will begin late summer 2021 and will be completed by the end of June 2022. Background: The City retained the services of Civil Design Inc. to design the street construction project for 15th Street South between Main Avenue South and Medary Avenue South and 7th Avenue South between 12th Street South and Remington Circle as shown on the attached map. For many years, these streets were never connected. Both streets are collectors and part of Brookings’ overall future street plan. While acquiring the right-of- way for this project, the City was able to procure enough land to construct a regional storm water detention pond within the project area to reduce peak storm flows and storm water contamination downstream. Recognizing this need in the City’s Master Drainage Plan, the construction of this pond, as well as further downstream storm water channel improvements were implemented into this project. Item Details: The bid letting for this project was held on Thursday, July 1, 2021 and the City received the following bids: Bowes Construction, Inc. $2,628,516.46 Midland Contracting, Inc. $2,783,823.22 The bid prices for this project were competitive and below budget. The low bid was approximately 5% lower than the engineer’s estimate of $2,775,000. A significant portion of the savings can be directly attributed to lower earthwork costs. Certain components of the street, water, sanitary sewer, and storm sewer are assessed to the adjacent landowners; while the remainder of the project construction expenses are sourced from the drainage CIP and streets CIP budget. The construction of this project will provide much needed continuity of two major transportation routes within the City, as well as accomplish a significant storm water improvement project identified in the Master Drainage Plan. By constructing the storm water detention basin with this project, the peak 100-year flow will decrease by as much as 40%; thus reducing the chances of flooding downstream of 15th Street South. Additionally, this project includes over 1,000 feet of storm water channel modifications in the McClemans Addition to improve flow, reduce erosion, and decrease the amount of sediment discharge. Legal Consideration: None. Strategic Plan Consideration: Safe, Inclusive, Connected Community - The completion of this project will fill the open gap in 15th Street South and 7th Avenue South; thus providing crucial north-south and east-west connectivity of two major streets. The project will give the community more options while traveling within the City, as well as safer and more convenient pedestrian routes, as both streets are directly adjacent to school zones (Medary Elementary to the north and Camelot to the east). Financial Consideration: The City will enter into a contract with Bowes Construction Co, Inc. for the total low bid amount of $2,628,516.46. The project is within the City’s budget for 2021. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a work session 5. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Map Resolution 21-056 Resolution Awarding Bids on Project 2021-02STA 15th Street South and 7th Avenue South Project Whereas, the City of Brookings opened bids for Project 2021-02STA 15th Street South and 7th Avenue South Project on Thursday, July 1, 2021 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for the 2021-02STA Street Maintenance and Overlay Project: Bowes Construction, Inc.- $2,628,516.46 and Midland Contracting, Inc.- $2,783,823.22. Now Therefore, Be It Resolved that the total low bid $2,628,516.46 for Bowes Construction, Inc. be accepted. Passed and approved this 13th day of July 2021. CITY OF BROOKINGS ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk 243 ft 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 21-021,Version:1 Introduction and First Reading on Ordinance 21-021, an Ordinance repealing Article II of Chapter 42 of the Code of Ordinances of the City of Brookings, SD, and pertaining to the Board of Health. Second Reading: July 27, 2021. Summary: This Ordinance will dissolve the Board of Health. The board meets once a year, and the purpose has evolved from community health matters to items only impacting solid waste. Many of the original community health oversight is now handled by other entities and the state per state statute. The Sustainability Council now provides insight into recycling and similar solid waste opportunities. Recommendation: Staff recommends approval. Attachments: Memo Ordinance City of Brookings Printed on 7/8/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: DJ Buthe, Public Works Director Council Meeting: July 13, 2021 / July 27, 2021 Subject: Dissolving the Board of Health Person(s) Responsible: Jacob Meshke, Assistant City Manager Summary: This Ordinance will dissolve the Board of Health. The board meets once a year, and the purpose has evolved from community health matters to items only impacting solid waste. Many of the original community health oversight is now handled by other entities and the state per state statute. The Sustainability Council now provides insight into recycling and similar solid waste opportunities. Background: SDCL 9-32-2 provided guidance to municipalities to appoint a Board of Health. SDCL 9-32-2. City board of health--Powers and duties. Each first or second class municipality may appoint a board of health and prescribe its powers and duties subject to the supervision of the State Department of Health. Source: SL 1890, ch 37, art V, § 1, subdiv 61; RPolC 1903, § 1229, subdiv 61; SL 1913, ch 119, § 53, subdiv 61; RC 1919, § 6170 (9); SDC 1939, § 45.0202 (1); SL 1981, ch 44, § 36; SL 1992, ch 60, § 2. The Board of Health was originally established pre-1964 to exercise a general supervision over the health of the City with full powers to take all steps and all measures necessary to promote the cleanliness and healthfulness of the City. The Board of Health also provides general recommendation over the sanitary conditions of the City, the operation of the Brookings Regional Landfill and the City Solid Waste Collection System. They meet once a year. The Sustainability Council will continue to provide insight on the topics the Board of Health was responsible for. Item Details: Approving this Ordinance will dissolve the Board of Health. Over the years the health oversight is now managed by the Department of Health and other resources as determined by state law. The board meets once a year to hear of existing operations and future endeavors. The current board members are encouraged to seek volunteer opportunities with other volunteer boards, committees, and commissions such as the Sustainability Council. Legal Consideration: City Attorney Steve Britzman has reviewed the Ordinance. Strategic Plan Consideration: Service and Innovation Excellence– opportunity to consolidate volunteer boards and streamline operations. 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: Ordinance Ordinance 21-021 An Ordinance repealing Article II of Chapter 42 of the Code of Ordinances of the City of Brookings, SD, and pertaining to the Board of Health Be It Ordained and Enacted by the City Council of the City of Brookings, State of South Dakota, as follows: I. Brookings Ordinance Sections 42-31 through 42-70, and pertaining to the Board of Health are hereby repealed. II. Any or all Ordinances in conflict herewith are hereby repealed. First Reading: July 13, 2021 Second Reading and Adoption: July 27, 2021 Published: CITY OF BROOKINGS Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 21-024,Version:1 Introduction and First Reading on Ordinance 21-024, an Ordinance to permit by Conditional Use a Hair Salon in a Residence R-1B Single-Family District on Lot 5, Block 4, East Acres Second Addition, also known as 2029 Elmwood Drive. Public Hearing July 27, 2021. Summary: Carla Kwasniewski has applied for a Conditional Use Permit to operate a hair salon within a single- family home, which is a major home occupation in the Residence R-1B single-family district. Recommendation: The Development Review Team recommends approval.The Planning Commission voted 5 - 0 recommending approval of the conditional use permit request with the following conditions: 1)The Conditional Use Permit is for the applicant only and cannot be transferred to future property owners. 2)The Conditional Use Permit allows for a maximum of one service chair in the hair salon home occupation. 3)Only residents of the dwelling may be employed or participate in the home occupation. 4)Any signage requires a sign permit and must conform to the standards and allowances set for a residential district. Attachments: Memo Ordinance Legal Notice Planning Commission Minutes Application Major Home Occupation Checklist Aerial Map Site Plan City of Brookings Printed on 7/8/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Meeting: July 13, 2021 Subject: Kwasniewski Conditional Use Permit - Major Home Occupation - 2029 Elmwood Drive Person(s) Responsible: Mike Struck, Community Development Director Summary: Carla Kwasniewski has applied for a Conditional Use Permit to operate a hair salon within a single-family home, which is a major home occupation in the Residence R-1B single-family district. Background: Carla and Scott Kwasniewski recently purchased the home at 2029 Elmwood Drive. The home had been previously renovated for a rental apartment in a portion of the basement of the home. This portion of the basement has a separate entrance providing direct access to the space, which the applicant would now like to reuse as a hair salon. A hair salon is considered a major home occupation. Item Details: The salon will include one chair and appointments are required. Two parking spaces are required for a major home occupation. This would be in addition to the two parking spaces required for the single-family dwelling. The two-stall garage and driveway leading to the garage will be sufficient. Since appointments are required, only one parking spot at a given time should be occupied by a customer. In the case of overlapping appointments, the remaining parking space in the driveway could be utilized or a car may park temporarily on the street. The applicant proposes to operate the hair salon between the hours of 10:00 a.m. – 7:00 p.m. Monday through Thursday. The salon will not be open during the weekend. The applicant has completed the major home occupation checklist which suggests that all conditions of approval will be met. The applicant may place a small sign on the lot. A sign is allowed so long as it meets the sign regulations for a residential district. Legal Consideration: None Strategic Plan Consideration: Economic Growth – community improvements, equitable opportunities, community appearance, city-owned land, land purchasing policy, future development/re- development, future growth 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 recommends approval. The Planning Commission voted 5 – 0 recommending approval of the conditional use permit request with the following conditions: 1) The Conditional Use Permit is for the applicant only and cannot be transferred to future property owners. 2) The Conditional Use Permit allows for a maximum of one service chair in the hair salon home occupation. 3) Only residents of the dwelling may be employed or participate in the home occupation. 4) Any signage requires a sign permit and must conform to the standards and allowances set for a residential district. Supporting Documentation: Ordinance Legal Notice Planning Commission Minutes Application Major Home Occupation Checklist Aerial Map Site Plan Ordinance 21-024 An Ordinance pertaining to an Application for a Conditional Use Permit to establish a Hair Salon as a Major Home Occupation in a Residence R-1B Single-Family District Be It Ordained by the governing body of the City of Brookings, South Dakota that said Conditional Use Permit shall be approved to operate a hair salon on Lot 5, Block 4, East Acres Second Addition also known as 2029 Elmwood Drive with the following conditions: 1) The Conditional Use Permit is for the applicant only and cannot be transferred to future property owners. 2) The Conditional Use Permit allows for a maximum of one service chair in the hair salon home occupation. 3) Only residents of the dwelling may be employed or participate in the home occupation. 4) Any signage requires a sign permit and must conform to the standards and allowances set for a residential district. All sections and ordinances in conflict herewith are hereby repealed. First Reading: July 13, 2021 Second Reading: July 27, 2021 Published: CITY OF BROOKINGS __________________________ 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 APPLICATION FOR CONDITIONAL USE PERMIT NOTICE IS HEREBY GIVEN That Carla Kwasniewski has submitted an application for a Conditional Use Permit on the following described real estate in the City of Brookings: Lot 5, Block 4, East Acres Addition, also known as 2029 Elmwood Drive. The request is to operate a hair salon within a single-family home, which is a major home occupation, in the Residence R-1B single-family district. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, July 6, 2021, 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 on this matter. Dated this 25th day of June, 2021. Ryan Miller City Planner Planning Commission Brookings, South Dakota July 6, 2021 OFFICIAL MINUTES Vice-Chairperson Ashley Biggar called the meeting of the City Planning Commission to order on Tuesday July 6, 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, Greg Fargen, Jacob Mills, LeeAnn Pierce and Biggar. Absent were James Drew, Gregg Jorgenson and Jason Meusburger. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Carla Kwasniewski, Mary Ann Peterson, Grant Leffelbein, Theodore Elverson, James Drew, and Jay Larsen. Item #4a - Carla Kwasniewski submitted an application for a Conditional Use Permit on Lot 5, Block 4, East Acres Second Addition, also known as 2029 Elmwood Drive. The request is to operate a hair salon within a single-family home, which is a major home occupation, in the Residence R-1B single-family district. (Aiken/ Fargen) Motion to approve the Conditional Use Permit application with the recommendations from City Staff;1. The conditional use permit is for the applicant only and cannot be transferred to subsequent property owners. 2. Any signage requires a sign permit and must conform to standards and allowances set for a residential district. (Pierce/Aiken) Amendment to the motion to state “only 1 chair allowed” and “no non-residential employees allowed”. All present voted aye. AMENDMENT CARRIED. Motion as amended was voted on. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #4a – Kwasniewski’s recently purchased this property which had previously had a rental unit in the basement. This portion of the basement has a separate entrance providing direct access to the space where the application would like to have a hair salon. This type of home occupation will require two parking spaces and parking is sufficient for this request. The applicant will provide a walk way which will direct customers to the salon. This permit is for the applicant only and cannot be transferred to subsequent property owners. Mills requested the requirements for the signage. Miller stated that in all residential districts you can have a maximum of 16 square feet of signage. Pierce asked if the signage could have lighting? Struck explained that they cannot have any electronic or illuminated signage in a residential district. Kwasniewski explained that she might put a sign up for a short period of time, but ultimately she doesn’t plan to keep a sign up. She does not plan to have much traffic but the parking in their driveway will be sufficient. Mills asked about the walk way that she plans to install? Kwasniewski stated that there is already a walk way installed. Peterson, 2038 Elmwood Drive, would like the permit to state that only 1 chair will be allowed in the salon. There is also a fire hydrant near this property. Miller stated that parking will not be an issue because off-street parking will be available. 2029 Elmwo od Drive 74 ft 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 21-025,Version:1 Introduction and First Reading on Ordinance 21-025, an Ordinance establishing zoning regulations for cannabis establishments. Public Hearing: July 27, 2021. Summary: The City of Brookings has submitted an ordinance establishing zoning regulations for cannabis establishments. Recommendation: The Planning Commission voted 5 - 0 recommending approval of the ordinance. The Development Review Team recommends approval. Attachments: Memo Ordinance Legal Notice Planning Commission Minutes City of Brookings Printed on 7/8/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Meeting: July 13, 2021 Subject: Cannabis Establishments Person(s) Responsible: Mike Struck, Community Development Director Summary: The City of Brookings has submitted an ordinance establishing zoning regulations for cannabis establishments. Background: Initiated measure (IM26), 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. The Department of Health released their draft rules the week of June 21st. The Department of Health regulations pertain to the licensing requirements and provide guidance to local municipalities on licensing of cannabis establishments. However, local municipalities are responsible for addressing the zoning aspect of cannabis establishments. Item Details: The proposed ordinance identifies different types of cannabis establishments, appropriate zoning districts for each type of establishment, and buffer distances. The types of establishments are defined and the definitions closely mirror the definitions adopted by the State of South Dakota; however, they are not exactly the same. The main difference is the City approached the zoning regulations from the perspective of cannabis being legal, whereas the State definitions referenced medical cannabis. Cannabis dispensary regulations were drafted in a manner to closely align with a pharmacy use and the proposed zoning districts customarily associated with retail/pharmacy uses are the B-1, B-2, B-2A, B-3, and B-4 districts. Cannabis testing facilities, product manufacturing facilities, and cultivation facilities are proposed in the Industrial I-1 Light District, as these uses closely resemble other business uses more commonly located in industrial parks due to the size of the facility, utility needs, and odors. Legal Consideration: The City Attorney’s Office reviewed and edited the ordinance. Strategic Plan Consideration: Economic Growth – community improvements, equitable opportunities, community appearance, city-owned land, land purchasing policy, future development/re - development, future growth 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 Planning Commission voted 5 – 0 recommending approval of the ordinance. The Development Review Team recommends approval. Supporting Documentation: Ordinance Legal Notice Planning Commission Minutes Ordinance 21-025 An Ordinance Creating Zoning Regulations for Cannabis Establishments. Whereas, Initiated Measure 26 (IM 26), regarding Medical Cannabis, was passed by South Dakota voters in November 2020; and Whereas, the provisions of IM 26 have been codified under South Dakota Codified Laws (SDCL) Chapter 34-20G; and Whereas, such state statutes explicitly provide local governments with certain regulatory authority over aspects of cannabis establishments, including zoning matters; and Whereas, the City of Brookings has the lawful authority to regulate other aspects relating to cannabis establishments by and through its use of existing municipal powers. Be It Ordained by the City of Brookings, South Dakota, as follows: Section 1. That a NEW DIVISION be ADDED to the Brookings Municipal Code under Chapter 94 – Zoning, Article VI Supplemental Regulations– to read as follows: “Division 6. – Cannabis Establishments 94-500: Intent: In order to promote the public health, safety and general welfare of the city, the city council adopts the following regulations, recognizing that it has a great interest in the present and future character of the city's residential and commercial neighborhoods. Adoption of these regulations is not intended to unreasona bly restrict the opportunity of cannabis establishments to locate in the city, but is for the purpose of preventing a concentration of certain cannabis establishments in any one area. 94-501: Definitions: Unless an alternative definition is explicitly stated in this section, this chapter utilizes the definitions for cannabis related terms which are defined by SDCL 34 -20G-1. Cannabis (or Marijuana): all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis. Cannabis cultivation facility: a licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supp lies to a cannabis establishment. Cannabis dispensary: a licensed entity that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials at retail to a consumer. Cannabis product manufacturing facility: a licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary. Cannabis testing facility: a licensed entity authorized to analyze the safety and potency of cannabis. Cannabis establishment: a cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary. 94-502: Regulations Relating to Cannabis Cultivation Facilities: No cannabis cultivation facility shall be owned or operated at a location within the city’s zoning jurisdiction except as provided by this section. A cannabis cultivation facility shall be considered a permitted use in the following districts: Industrial I-1 Light District. 94-503: Regulations Relating to Cannabis Testing Facilities: No cannabis testing facility shall be owned or operated at a location within the city’s zoning jurisdiction except as provided by this section. A cannabis testing facility shall be considered a permitted use in the following districts: Industrial I-1 Light District. 94-504: Regulations Relating to Cannabis Product Manufacturing Facilities: No cannabis product manufacturing facility shall be owned or operated at a location within the city’s zoning jurisdiction except as provided by this section. A cannabis product manufacturing facility shall be considered a permitted use in the following districts: Industrial I-1 Light District. 94-505: Regulations Relating to Cannabis Dispensaries: A. No cannabis dispensary shall be owned or operated at a location within the city’s zoning jurisdiction except as provided by this section. A cannabis dispensary shall be considered a permitted use in the following districts: Business B-1 Central District, Business B-2 District, Business B-2A Office District, Business B- 3 Heavy District, and Business B-4 Highway District. B. No cannabis dispensary shall operate within three hundred feet (300') of an educational institution, religious institution, preschool, or detention facility. No cannabis dispensary shall operate within one thousand feet (1,000') of another cannabis dispensary, except in the Business B-1 Central District, which no cannabis dispensary shall operation within three hundred feet (300’) of another cannabis dispensary. Distances shall be measured from the closest point of the property lines. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed. First Reading: July 13, 2021 Second Reading: July 27, 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 the inclusion of Cannabis Establishments as a use and corresponding supplemental regulations related to the siting of such Cannabis Establishments. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00 PM on Tuesday, July 27, 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 16th day of July, 2021. ____________________________ Bonnie Foster City Clerk Planning Commission Brookings, South Dakota July 6, 2021 OFFICIAL MINUTES Vice-Chairperson Ashley Biggar called the meeting of the City Planning Commission to order on Tuesday July 6, 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, Greg Fargen, Jacob Mills, LeeAnn Pierce and Biggar. Absent were James Drew, Gregg Jorgenson and Jason Meusburger. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Carla Kwasniewski, Mary Ann Peterson, Grant Leffelbein, Theodore Elverson, James Drew, and Jay Larsen. Item #1 – Roll Call Item #2 – (Mills/Aiken) Motion to approve the agenda. All present voted aye. MOTION CARRIED. Item #3 – (Pierce/Mills) Motion to approve the June 6, 2021 Planning Commission Minutes. All present voted aye. MOTION CARRIED. Item #4a - Carla Kwasniewski submitted an application for a Conditional Use Permit on Lot 5, Block 4, East Acres Second Addition, also known as 2029 Elmwood Drive. The request is to operate a hair salon within a single-family home, which is a major home occupation, in the Residence R-1B single- family district. (Aiken/ Fargen) Motion to approve the Conditional Use Permit application with the recommendations from City Staff;1. The conditional use permit is for the applicant only and cannot be transferred to subsequent property owners. 2. Any signage requires a sign permit and must conform to standards and allowances set for a residential district. (Pierce/Aiken) Amendment to the motion to state “only 1 chair allowed” and “no non-residential employees allowed”. All present voted aye. AMENDMENT CARRIED. Motion as amended was voted on. All present voted aye. MOTION CARRIED. Item #4b- Granted Properties LLC submitted an application for a Conditional Use Permit on Lot 1, Block 2, Folsom Addition, also known as 530 1st St S; and Lot 2 and Lot 3, Block 2, Folsom Addition, also known as 110 6th Ave S. The request is to operate contractor’s shops with mixed business/residential in a Business B-3 heavy district. (Mills/Fargen) Motion to remove from the table. All present voted aye. MOTION CARRIED. (Aiken/Meusburger) Motion to approve the Conditional Use Permit application. (Motion made at the May 4, 2021 meeting.) Mills must recuse himself from voting on the item due to ex parte communication with the applicants. A quorum of the Planning Commission was not present to vote on the item. (Pierce/Aiken) Motion to table to the August 3, 2021 meeting. All present voted aye. MOTION CARRIED. Item #5a - Brookings County Title Co submitted an application for approval of a Commercial Corridor Design Review Overlay District site plan on Lot 1 excluding Lot H-1, Cheevers Addition, also known as 418 6th Street. (Pierce/Aiken) Motion to approve the site plan with the exception to allow five (5’) foot planting strip instead of the ten (10’) foot planting strip along the 6th Street right-of-way. All present voted aye. MOTION CARRIED. Item #5b- CD Properties LLC submitted an application for approval of a Commercial Corridor Design Review Overlay District site plan on Lot 1 of Aldrich’s Addition, formerly known as 1402 and 1404 6th Street. (Mills/ Fargen) Motion to approve the site plan. (Fargen/Aiken) Amendment to the motion to state “Approval of the site plan but allowing an opportunity for the City and the developer to work out an agreement with either a privacy fence or enhanced living fence in the southeast corner and require transom windows on the north side to more closely achieve the 20% window glazing facade. All present voted aye. AMENDMENT CARRIED. Motion as amended was voted on. All present voted aye. MOTION CARRIED. (Pierce/Mills) Motion to adjourn the meeting at 7:55 to reconvene in a different meeting room. All present voted aye. MOTION CARRIED. (Fargen/Mills) Motion to reconvene the meeting at 8:01 in Community Room #300. All present voted aye. MOTION CARRIED. Items #5c – The City of Brookings submitted amendments to Chapter 94, Zoning, pertaining to the inclusion of Cannabis Establishments as a use and corresponding supplemental regulations related to the siting of such Cannabis Establishments. (Pierce/Fargen) Motion to approve the amendments. (Aiken/Mills) Amendment to the motion to add the B-4 District to the Cannabis Dispensaries. Pierce voted no. All others voted aye. AMENDMENT CARRIED. Motion as amended was voted on. All present voted aye. MOTION CARRIED. The meeting adjourned at 8:32 p.m. _______________________ _________________________________ Ryan Miller, City Planner Ashley Biggar, Vice-Chairperson Planning Commission Brookings, South Dakota July 6, 2021 OFFICIAL SUMMARY Vice-Chairperson Ashley Biggar called the meeting of the City Planning Commission to order on Tuesday July 6, 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, Greg Fargen, Jacob Mills, LeeAnn Pierce and Biggar. Absent were James Drew, Gregg Jorgenson and Jason Meusburger. Also present were Community Development Director Mike Struck, City Planner R yan Miller, Carla Kwasniewski, Mary Ann Peterson, Grant Leffelbein, Theodore Elverson, James Drew, and Jay Larsen. Item #4a – Kwasniewski’s recently purchased this property which had previously had a rental unit in the basement. This portion of the basement has a separate entrance providing direct access to the space where the application would like to have a hair salon. This type of home occupation will require two parking spaces and parking is sufficient for this request. The applicant will provide a walkway which will direct customers to the salon. Mills requested the requirements for the signage. Miller stated that in all residential districts you can have a maximum of 16 square feet of signage. Pierce asked if the signage could have lighting? Struck explained that they cannot have any electronic or illuminated signage in a residential district. Kwasniewski explained that she might put a sign up for a short period of time, but ultimately she doesn’t plan to keep a sign up. She does not plan to have much traffic but the parking in their driveway will be sufficient. Mills asked about the walk way that she plans to install? Kwasniewski stated that there is already a walk way installed. Peterson, 2038 Elmwood Drive, would like the permit to state that only one chair will be allowed in the salon. There is also a fire hydrant near this property. Miller stated that parking will not be an issue because off-street parking will be available. Item #4b – This item was tabled at the May 4, 2021 meeting. The request is for seven contractor shops on the first floor and four two-bedroom residential units on the second floor. The applicants have added some proposed covenants to the plan. This project has received a variance for a reduced buffer yard on the south side allowing for a 20’ setback rather than the required 30’ setback. The parking will be met based on the site plan provided and they do have two accesses onto the property. There is currently a house on the property that will be demolished. The request in being recommended for denial, from the Development Review Team, based on the incompatibly of uses. However, the applicants are willing to apply covenants to the property to satisfy some of the concerns. Leffelbein and Elverson noted that the building will be sprinkled and there will be a two-hour separation between the units. They also anticipate that most of the storage will be hobby storage and not used for contractor shops. They also feel that this project will bring additional residential/rental units closer to the downtown area. The plan is to keep storage clean and organized. They do not anticipate much traffic from the contractor’s that will be using these shops. Mills feels that the Planning Commission doesn’t have reason to deny this request. The applicant/property owners are the ones that will have to deal with renting out these properties and it is their concern. The applicants are trying to bring housing and affordable housing to town. Biggar asked if there are other developments like this around town. Miller stated no, not exactly like this one. Fargen asked if a residential house would be permitted in a B-3 District. Miller stated no, however “Mixed business/residential use” could be applied for through the Conditional Use Permit application process. Fargen also asked for clarification of where the twelve parking spaces are located, the site plan doesn’t show twelve spaces. Fargen is most concerned about chemicals and chemical storage in the contractor shops below. Leffelbein and Elverson stated that they would have to complete inspections to verify the OSHA rules are being followed. Pierce asked if City Staff could regulate the types of contractor shops that could be allowed in this development. Miller explained that this would be a large task. Item #5a – This is a redevelopment project on the corner of 6th Street and 5th Avenue. The proposal will be for a new building facing 6th Street. Parking is planned for the west and south sides of this building. The building will be setback 5’from the front (north) property line and 18’6” from the front (east) property line. Drew, representing the development, explained that they shifted the parking and the dumpster area based on a recommendation from the Development Review Team. With this shift, they were also able to add a green space island that ultimately increased the green space on the development. The landscaping plan is consistent with the landscaping regulations of the zoning ordinance with the exception of the 10’ planting strip along the 6th Street right-of-way however there is no front yard setback therefore the option exists for the developer to build up to the property line. Foundation plantings meet the zoning requirements and tree planting requirements will be accomplished with the plan. Aiken appreciates the plan and the work that was put into this plan to be presented to the Commission. Item #5b – This project is for the redevelopment of two lots located at 1402 and 1404 6th Street. These two lots have been combined and have been rezoned to a B-2 district. The plan is to build a coffee shop at this location. There will be one access coming off of 6th Street, into the parking area. There is a drive thru planned for this development also. A variance to the east side yard buffer yard was approved by the Board of Adjustment in April and the parking requirements are met for this plan. The developers plan to install a fence along the west and south property lines to provide a buffer between this development and the adjacent residential lots. An outdoor patio is planned for this development, which is allowed in the Commercial Corridor Overlay District. This plan does not meet the requirement of 20% window coverage on the 6th Street (north) side of the building. Mechanical equipment will be located on the roof of the property and the parapet roof aids in the screening of this equipment. Drew, representing CD Properties LLC, explained that they added a pedestrian sidewalk and screening from the transformer based on recommendations. He explained that they eliminated one access off of 6th Street to make this a user friendly spot. With this plan, they needed to move the drive-thru to the north side of the building which explained why they were not able to meet the window requirement on the 6th Street (north) side. Biggar asked how many cars will be able to be stacked in the drive-thru and exit lane? Aiken is also concerned about how vehicles will exit to the west and not cause a stacking issue. Struck explained that the Public Works Director doesn’t feel this will be an issue since there is a turn lane that could be utilized for the exit process. Aiken asked if the landscaping were to be dressed up, would this improve the view of the north side of the building. Mills feels that since the drive-thru on the north side will typically have a vehicle located at it, you won’t look directly at just the side of the building. Fargen is concerned about the view on the east side of the building more than the north side of the building. Drew stated that if the Commission feels that additional windows should be added; they could propose adding windows at a higher height on the north side. Fargen likes the idea and proposal that Drew offered to install the additional windows at the higher height. Aiken concurred. Jay Larsen, 1347 5th Street, doesn’t have an issue with the building but has issues with the site. He stated that they will be affected by the lighting, smells and noise coming from this business. Larsen feels that the site plan has changed since he last saw it. He spoke with the Parks and Recreation Director and they feel that the chain link fence will not be sufficient. Larsen would like to see the Commission require a fence that will increase the screening along the east side. Mills asked for clarification on this requirement that Larsen is proposing. Larsen stated that he would like the chain link fence replaced with a full size, full material fence to provide additional privacy. Struck did talk with the Dusty Rodiek, the Parks and Recreation Director, and he is concerned with the privacy on the east side of this development. He has no concerns with the setback but would like to see the chain link fence be replaced with something that will provide the additional privacy. Larsen is also concerned that there isn’t any green space other than along the lot lines and along the north side. Fargen asked for clarification of the fencing that Drew plans to install. Drew explained that there is 6- foot vinyl fencing along the south on the east end of this lot and he will plan to attach to that fence and continue to the west, across the south and connect with a fence that will be installed along the west side. Drew isn’t sure what type of fence Larsen is requesting be installed along the east side. Larsen stated that the site line isn’t their concern, it’s the smells, lighting and privacy and therefore they would like to see a privacy fence installed. Pierce asked if the current 6-foot fence along the south side helps buffer the headlights? Larsen explained that their property sits higher than this area being developed so therefore they will be affected by headlights. Aiken wondered if shrubbery could be used instead of fencing. Larsen stated that since the developers were granted a 5-foot buffer yard variance, there won’t be room for shrubbery. Pierce feels that the Commission should require fencing around the perimeter of this site along with the six tree plantings along the south side. Fargen wonders if the biggest concern is just the southeast corner of the fencing and if just this portion should be required to be replaced/installed. Drew again explained that there will be a fence along the whole south side and the east side already has a slatted chain link fence. Drew stated that they would be willing to install a 6-foot privacy fence from the south east corner going north and ending at the south end of the building. Item #5c – Struck explained that this is a new Zoning Ordinance that has been written by City Staff and the City Attorney. The City looked at this and didn’t reference this ordinance as “medical.” The proposed ordinance identifies different types of cannabis establishments, appropriate zoning districts for each type of establishment and buffer distances. The Dispensary regulations were drafted in a manner to closely align with a pharmacy use and the proposed zoning districts customarily associated with retail/pharmacy. Cannabis testing facilities, product manufacturing facilities, and cultivation facilities are proposed in the Industrial I-1 district. These uses closely resemble other business uses in this area due to size, needs and odors. This ordinance applies to the zoning and not the licensing requirements. A cannabis dispensary shall be considered a permitted use in the B-1, B-2, B-2A and B-3 Heavy District. Additionally, a dispensary shall not operate within 300’ of an educational institution, religious institution, preschool or detention facility. In all the listed districts, other than the B-1 Central District, only 1 cannabis dispensary shall be allowed within 1,000 feet of each other. Aiken feels that the B-4 district should also be in this ordinance. Mills agrees. The meeting adjourned at 8:32 p.m. ______________________ __________________________ Ryan Miller, City Planner Ashley Biggar, Vice-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 21-022,Version:2 Public Hearing and Action 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. 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 Council Legal Notice City of Brookings Printed on 7/6/2021Page 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 City Council Legal Notice 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 NOTICE OF PUBLIC HEARING Ordinance 21-022 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, July 13, 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 21-022, An Ordinance Amending Section 94-222 of the Zoning Ordinances pertaining to the procedure for Conditional Use Applications. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 25th day of June, 2021. CITY OF BROOKINGS Bonnie Foster, City Clerk Published one time 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 #:ORD 21-023,Version:2 Public Hearing and Action 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. 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 Council Legal Notice City of Brookings Printed on 7/6/2021Page 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 City Council Legal Notice 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 NOTICE OF PUBLIC HEARING Ordinance 21-023 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, July 13, 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 21-023, an Ordinance Amending Chapter 94-7(b) of the Zoning Ordinances pertaining to the procedure for a Zoning Change. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 25th day of June, 2021. CITY OF BROOKINGS Bonnie Foster, City Clerk Published one time 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 21-0344,Version:1 Public Hearing and Action on a Commercial Corridor Design Review Overlay District site plan on Lot 1 excluding Lot H-1, Cheevers Addition, also known as 418 6th Street. Summary: Brookings County Title Company has submitted an application for a redevelopment project in the Commercial Corridor Design Review Overlay District. The project site is located at 418 6th Street. Recommendation: The Development Review Team recommends approval. The Planning Commission voted 5 - 0 recommending approval of the Commercial Corridor Design Review Overlay application with the following exception: 1)Exception from required 10-foot landscape area along 6th Street right-of-way. Attachments: Memo Legal Notice Planning Commission Minutes Site Plan Checklist Site Plan Plans Landscape Plan City of Brookings Printed on 7/8/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Meeting: July 13, 2021 Subject: Brookings County Title Company – Commercial Corridor Design Review Overlay District – 418 6th Street Person(s) Responsible: Mike Struck, Community Development Director Summary: Brookings County Title Company has submitted an application for a redevelopment project in the Commercial Corridor Design Review Overlay District. The project site is located at 418 6th Street. Background: Brookings County Title Company acquired the property at 418 6th Street; former Pizza Hut location. The property is zoned Business B-1 Central District and is included in the Commercial Corridor Design Review Overlay District. Item Details: The proposal is a redevelopment of the site with demolition of the existing structure. The new structure will orientate east/west with parking to the west and south of the building. The current site has four access approaches, two from 6th Street and two from 5th Avenue. The proposal maintains the west approach from 6 th Street and the south approach from 5th Avenue, but eliminates the other two access approaches. The property is located in the Business B-1 Central District and does not require a front or side yard setback. The Commercial Corridor Design Review Overlay District guidelines encourage structures to be built at the setback line and single story structures may project 10-feet into the setback area. An exception exists for corner lots, which requires a 15-foot landscape area along the public right-of-way. The applicant is proposing the north façade of the building be setback five (5) feet from the front property line, and the east façade will be setback 19 feet 6 inches from the 5th Avenue right-of- way. The exterior façade consists of a variation in materials, wall elevations, and rooflines drawing interest to the structure. The design review overlay district seeks window glazing of 20% of the wall façade adjacent to the right-of-way. The north façade (6th Street) contains 18% window glazing while the east façade (5th Avenue) contains 30% of the wall area in window glazing. The landscape plan is consistent with the landscaping regulations of the zoning ordinance with the exception of the ten (10’) foot planting strip along the 6 th Street right- of-way. However, in a B-1 Zoning District, there is no front yard setback; therefore, the option exists for the developer to build up to the property line. The minimum foundation planting along the 6th Street right-of-way will be 5-feet with other areas meeting the 10- foot requirement. Foundation plantings are shown on the landscaping plan and meet the specifications of the landscaping requirements. Three trees are required based upon the surfacing requirements and will be accommodated on the east side of the building and out of the intersection safety zone. The developer is providing fifteen (15) on-premise parking spaces. In the B-1 District, a use is not required to provide on-premise parking spaces unless such use would require in excess of seventy-five (75) parking spaces. Legal Consideration: None Strategic Plan Consideration: Economic Growth – community improvements, equitable opportunities, community appearance, city-owned land, land purchasing policy, future development/re - development, future growth 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 item requires a simple motion and majority vote for approval. The Development Review Team recommends approval. The Planning Commission voted 5 – 0 recommending approval of the Commercial Corridor Design Review Overlay application with the following exception: 1) Exception from required 10-foot landscape area along 6th Street right-of-way. Supporting Documentation: Notice Planning Commission Minutes Site Plan Checklist Site Plan Plans Landscape Plan 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 AN APPLICATION FOR APPROVAL OF COMMERCIAL CORRIDOR DESIGN REVIEW OVERLAY DISTRICT Brookings County Title Co., has submitted an application for approval of a Commercial Corridor Design Review Overlay District site plan on the following described real estate: Lot 1 excluding Lot H-1, Cheevers Addition, also known as 418 6th Street Said application will be acted on by the City Council at 6:00 PM on Tuesday, July 13, 2021, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, SD. Any person interested may appear and be heard in this matter. Dated this 2nd day of July, 2021. ____________________________ Ryan Miller City Planner Planning Commission Brookings, South Dakota July 6, 2021 OFFICIAL MINUTES Vice-Chairperson Ashley Biggar called the meeting of the City Planning Commission to order on Tuesday July 6, 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, Greg Fargen, Jacob Mills, LeeAnn Pierce and Biggar. Absent were James Drew, Gregg Jorgenson and Jason Meusburger. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Carla Kwasniewski, Mary Ann Peterson, Grant Leffelbein, Theodore Elverson, James Drew, and Jay Larsen. Item #5a - Brookings County Title Co submitted an application for approval of a Commercial Corridor Design Review Overlay District site plan on Lot 1 excluding Lot H-1, Cheevers Addition, also known as 418 6th Street. (Pierce/Aiken) Motion to approve the site plan with the exception of the ten (10’) planting strip along the 6th Street right-of-way. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5a – This is a redevelopment project on the corner of 6th Street and 5th Avenue. The proposal will be for a new building facing 6th Street. Parking is planned for the west and south sides of this building. The building will be setback 5’from the front (north) property line and 19’6” from the front (east) property line. Drew, representing the development, explained that they shifted the parking and the dumpster area based on a recommendation from the Development Review Team. With this shift, they were also able to add a green space island that ultimately increased the green space on the development. The landscaping plan is consistent with the landscaping regulations of the zoning ordinance with the exception of the 10’ planting strip along the 6th Street right-of-way however there is no front yard setback therefore the option exists for the developer to build up to the property line. The minimum foundation planting along the 6th Street right-of-way will be 5’ with other areas meeting the 10’ requirement. Foundation plantings meet the zoning requirements and tree planting requirements will be accomplished with the plan. Aiken appreciates the plan and the work that was put into this plan to be presented to the Commission. One Lithonia Way • Conyers, Georgia 30012 • Phone: 1-800-705-SERV (7378) • www.acuitybrands.com © 2018-2021 Acuity Brands Lighting, Inc. All rights reserved. Lithonia RSX1 Area LED Rev. 05/04/21 Page 1 of 9 COMMERCIAL OUTDOOR RSX1 LEDArea Luminaire Specifications Catalog Number Notes Type Introduction The new RSX LED Area family delivers maximum value by providing significant energy savings, long life and outstanding photometric performance at an affordable price. The RSX1 delivers 7,000 to 17,000 lumens allowing it to replace 70W to 400W HID luminaires. The RSX features an integral universal mounting mechanism that allows the luminaire to be mounted on most existing drill hole patterns. This “no-drill” solution provides significant labor savings. An easy-access door on the bottom of mounting arm allows for wiring without opening the electrical compartment. A mast arm adaptor, adjustable integral slipfitter and other mounting configurations are available. EPA (ft2@0°):0.57 ft2 (0.05 m2) Length:21.8” (55.4 cm) (SPA mount) Width:13.3” (33.8 cm) Height:3.0" (7.6 cm) Main Body 7.2” (18.4 cm) Arm Weight: (SPA mount):22.0 lbs (10.0 kg) Hit the Tab key or mouse over the page to see all interactive elements. L W H Options Finish Shipped Installed HS House-side shield 7 PE Photocontrol, button style 8,9 PEX Photocontrol external threaded, adjustable 9,10 PER7 Seven-wire twist-lock receptacle only (no controls) 9,11,12,13 CE34 Conduit entry 3/4” NPT (Qty 2) SF Single fuse (120, 277, 347) 5 DF Double fuse (208, 240, 480) 5 SPD20KV 20KV Surge pack (10KV standard) FAO Field adjustable output 9,13 DMG 0-10V dimming extend out back of housing for external control (control ordered separate) 9,13 Shipped Installed *Standalone and Networked Sensors/Controls (factory default settings, see table page 9) NLTAIR2 nLight AIR generation 2 13,14,15 PIRHN Networked, Bi-Level motion/ambient sensor (for use with NLTAIR2) 13,15,16 BAA Buy America(n) Act Compliant *Note: PIRHN with nLight Air can be used as a standalone or networked solution. Sensor coverage pattern is affected when luminaire is tilted. Shipped Separately (requires some field assembly) EGS External glare shield 7 EGFV External glare full visor (360° around light aperture) 7 BS Bird spikes 17 DDBXD Dark Bronze DBLXD Black DNAXD Natural Aluminum DWHXD White DDBTXD Textured Dark Bronze DBLBXD Textured Black DNATXD Textured Natural Aluminum DWHGXD Textured White WW Ordering Information EXAMPLE: RSX1 LED P4 40K R3 MVOLT SPA DDBXD RSX1 LED Series Performance Package Color Temperature Distribution Voltage Mounting RSX1 LED P1 P2 P3 P4 30K 3000K 40K 4000K 50K 5000K R2 Type 2 Wide R3 Type 3 Wide R3S Type 3 Short R4 Type 4 Wide R4S Type 4 Short R5 Type 5 Wide 1 R5S Type 5 Short 1 AFR Automotive Front Row AFRR90 Automotive Front Row Right Rotated AFRL90 Automotive Front Row Left Rotated MVOLT (120V-277V) 2 HVOLT (347V-480V) 3 XVOLT (277V-480V) 4 (use specific voltage for options as noted) 120 3 277 5 208 3 347 5 240 3 480 5 SPA Square pole mounting (3.0" min. SQ pole for 1 at 90°, 3.5" min. SQ pole for 2, 3, 4 at 90°) RPA Round pole mounting (3.2" min. dia. RND pole for 2, 3, 4 at 90°, 3.0" min. dia. RND pole for 1 at 90°, 2 at 180°, 3 at 120°) MA Mast arm adaptor (fits 2-3/8" OD horizontal tenon) IS Adjustable slipfitter (fits 2-3/8" OD tenon) 6 WBA Wall bracket 1 WBASC Wall bracket with surface conduit box AASP Adjustable tilt arm square pole mounting 6 AARP Adjustable tilt arm round pole mounting 6 AAWB Adjustable tilt arm with wall bracket 6 AAWSC Adjustable tilt arm wall bracket and surface conduit box 6 Buy American One Lithonia Way • Conyers, Georgia 30012 • Phone: 1-800-705-SERV (7378) • www.acuitybrands.com © 2018-2021 Acuity Brands Lighting, Inc. All rights reserved. Lithonia RSX1 Area LED Rev. 05/04/21 Page 2 of 9 COMMERCIAL OUTDOOR Ordering Information NOTES 1 Any Type 5 distribution, is not available with WBA. 2 MVOLT driver operates on any line voltage from 120-277V (50/60 Hz). 3 HVOLT driver operates on any line voltage from 347-480V (50/60 Hz). 4 XVOLT driver not available with P1 or P2. XVOLT driver operates on any line voltage from 277V-480V (50/60 Hz). XVOLT not available with fusing (SF or DF) and not available with PE or PEX. 5 Single fuse (SF) requires 120V, 277V or 347V. Double fuse (DF) requires 208V, 240V or 480V. 6 Maximum tilt is 90° above horizontal. 7 It may be ordered as an accessory. 8 Requires MVOLT or 347V. 9 Not available in combination with other light sensing control options (following options cannot be combined: PE, PEX, PER7, FAO, DMG, PIRHN). 10 Requires 120V, 208V, 240V or 277V. 11 Twistlock photocell ordered and shipped as a separate line item from Acuity Brands Controls. See accessories. Shorting Cap included. Dimming leads capped for future use. 12 For units with option PER7, the mounting must be restricted to +/- 45° from horizontal aim per ANSI C136.10-2010. 13 Two or more of the following options cannot be combined including DMG, PER7, FAO and PIRHN. 14 Must be ordered with PIRHN. 15 Requires MVOLT or HVOLT. 16 Must be ordered with NLTAIR2. For additional information on PIRHN visit here. 17 Must be ordered with fixture for factory pre-drilling. 18 Requires luminaire to be specified with PER7 option. Ordered and shipped as a separate line item from Acuity Brands Controls. Accessories Ordered and shipped separately. House Side Shield External Glare Shield External 360 Full Visor RSX1HS RSX1 House side shield (includes 1 shield) RSX1HSAFRR U RSX1 House side shield for AFR rotated optics (includes 1 shield) RSX1EGS (FINISH) U External glares hield (specify finish) RSX1EGFV (FINISH) U External glare full visor (specify finish) RSXRPA (FINISH) U RSX Universal round pole adaptor plate (specify finish) RSXWBA (FINISH) U RSX WBA wall bracket (specify finish) 1 RSXSCB (FINISH) U RSX Surface conduit box (specify finish, for use with WBA, WBA not included) DLL127F 1.5 JU Photocell -SSL twist-lock (120-277V) 18 DLL347F 1.5 CUL JU Photocell -SSL twist-lock (347V) 18 DLL480F 1.5 CUL JU Photocell -SSL twist-lock (480V) 18 DSHORT SBK U Shorting cap 18 External Shields Pole/Mounting Informatiion HANDHOLE ORIENTATION A Handhole B C D Accessories including bullhorns, cross arms and other adpaters are available under the accessories tab at Lithonia's Outdoor Poles and Arms product page. Click here to visit Accessories. RSX1 - Luminaire EPA Fixture Quantity & Mounting Configuration Single 2 @ 90 2 @ 180 3 @ 90 3 @ 120 4 @ 90 2 Side by Side 3 Side by Side 4 Side by Side Mounting Type Tilt SPA - Square Pole Adaptor 0 ° 0.57 1.03 1.05 1.52 1.36 2.03 1.31 1.7 2.26 RPA - Round Pole Adaptor 0.62 1.08 1.15 1.62 1.46 2.13 1.36 1.8 2.36 MA - Mast Arm Adaptor 0.49 0.95 0.89 1.36 1.2 1.87 1.23 1.54 2.1 IS - Integral Slipfitter AASP/AARP - Adjustable Arm Square/Round Pole 0 ° 0.57 1.03 1.05 1.52 1.36 2.03 1.31 1.7 2.26 10° 0.68 1.34 1.33 2 1.74 2.64 1.35 2.03 2.71 20° 0.87 1.71 1.73 2.56 2.26 3.42 1.75 2.62 3.49 30° 1.24 2.19 2.3 3.21 2.87 4.36 2.49 3.73 4.97 40° 1.81 2.68 2.98 3.85 3.68 5.30 3.62 5.43 7.24 45° 2.11 2.92 3.44 4.2 4.08 5.77 4.22 6.33 8.44 50° 2.31 3.17 3.72 4.52 4.44 6.26 4.62 6.94 9.25 60° 2.71 3.66 4.38 5.21 5.15 7.24 5.43 8.14 10.86 70° 2.78 3.98 4.54 5.67 5.47 7.91 5.52 8.27 11.03 80° 2.76 4.18 4.62 5.97 5.76 8.31 5.51 8.27 11.03 90° 2.73 4.25 4.64 6.11 5.91 8.47 5.45 8.18 10.97 *Includes luminaire and integral mounting arm. Other tenons, arms, brackets or other accessories are not included in this EPA data.Top of Pole 0.563” 2.650” 1.325”0.400”(2 PLCS) Template #8 RSX POLE DRILLING RSX STANDARD ARM & ADJUSTABLE ARM 5.25” 2.65” Drilling Template Mounting Option Single 2 @ 180 2 @ 90 3 @ 120 3 @ 90 4 @ 90 Head Location Side B Side B & D Side B & C Round Pole Only Side B, C & D Side A, B, C & D #8 Drill Nomenclature DM19AS DM28AS DM29AS DM32AS DM39AS DM49AS Tenon O.D.RSX Mounting Single 2 at 180°2 at 90°3 at 120°3 at 90°4 at 90° 2 - 3/8"RPA, AARP AS3-5 190 AS3-5 280 AS3-5 290 AS3-5 320 AS3-5 390 AS3-5 490 2 - 7/8"RPA, AARP AST25-190 AST25-280 AST25-290 AST25-320 AST25-390 AST25-490 4" RPA, AARP AST35-190 AST35-280 AST35-290 AST35-320 AST35-390 AST35-490 Round Tenon Mount - Pole Top Slipfitters Drill/Side Location by Configuration Type One Lithonia Way • Conyers, Georgia 30012 • Phone: 1-800-705-SERV (7378) • www.acuitybrands.com © 2018-2021 Acuity Brands Lighting, Inc. All rights reserved. Lithonia RSX1 Area LED Rev. 05/04/21 Page 3 of 9 COMMERCIAL OUTDOOR Performance Data Lumen Ambient Temperature (LAT) Multipliers Use these factors to determine relative lumen output for average ambient temperatures from 0-50°C (32-122°F). Ambient Ambient Lumen Multiplier 0°C 32°F 1.05 5°C 41°F 1.04 10°C 50°F 1.03 15°C 59°F 1.02 20°C 68°F 1.01 25°C 77°F 1.00 30°C 86°F 0.99 35°C 95°F 0.98 40°C 104°F 0.97 45°C 113°F 0.96 50°C 122°F 0.95 Current (A) Performance Package System Watts (W)120V 208V 240V 277V 347V 480V P1 51W 0.42 0.25 0.21 0.19 0.14 0.11 P2 72W 0.60 0.35 0.30 0.26 0.21 0.15 P3 109W 0.91 0.52 0.45 0.39 0.31 0.23 P4 133W 1.11 0.64 0.55 0.48 0.38 0.27 Electrical Load Values calculated according to IESNA TM-21-11 methodology and valid up to 40°C. Operating Hours 50,000 75,000 100,000 Lumen Maintenance Factor >0.97 >0.95 >0.92 Projected LED Lumen Maintenance To see complete photometric reports or download .ies files for this product, visit Lithonia Lighting’s RSX Area homepage. Photometric Diagrams Isofootcandle plots for the RSX1 LED P4 40K. Distances are in units of mounting height (20’). 4 3 2 1 0 -4 -3 -2 -1 4 3 2 1 0 4321 4 3 2 1 0 -4 -3 -2 -1 4 3 2 1 0 4321 4 3 2 1 0 -4 -3 -2 -1 4 3 2 1 0 4321 4 3 2 1 0 -4 -3 -2 -1 4 3 2 1 0 4321 Visual - Template Tool These lighting calculation results are for general informational purposes only and are provided without warranty as to accuracy, completeness, reliability or otherwise. Results are based on user provided data and data provided from publicly available sources; actual field conditions may affect calculated output. Visit www.Visual-3D.com . Design Information Project Description Thursday, August 02, 2018 Name Company Phone Email [ A ] - RSX1 LED P4 40K R3 Manufacturer Acuity Brands Configuration Single Lamp Lumens 16360 Orientation Single Lamp Quantity 1 Mounting Height 20 Light Loss Factor 1 Arm Length 1 Input Power 133.1 Tilt 0 Max Illuminance 7 Area > 0.5fc 7250 Page 1 of 1Template Print 8/2/2018http://www.visual-3d.com/tools/template/Print.aspx?SessionID=4882423 R3R3 Visual - Template Tool These lighting calculation results are for general informational purposes only and are provided without warranty as to accuracy, completeness, reliability or otherwise. Results are based on user provided data and data provided from publicly available sources; actual field conditions may affect calculated output. Visit www.Visual-3D.com . Design Information Project Description Thursday, August 02, 2018 Name Company Phone Email [ B ] - RSX1 LED P4 40K R4 Manufacturer Acuity Brands Configuration Single Lamp Lumens 16574 Orientation Single Lamp Quantity 1 Mounting Height 20 Light Loss Factor 1 Arm Length 1 Input Power 133.1 Tilt 0 Max Illuminance 8 Area > 0.5fc 7475 Page 1 of 1Template Print 8/2/2018http://www.visual-3d.com/tools/template/Print.aspx?SessionID=4882423 R4R4 Visual - Template Tool These lighting calculation results are for general informational purposes only and are provided without warranty as to accuracy, completeness, reliability or otherwise. Results are based on user provided data and data provided from publicly available sources; actual field conditions may affect calculated output. Visit www.Visual-3D.com . Design Information Project Description Thursday, August 02, 2018 Name Company Phone Email [ C ] - RSX1 LED P4 40K R5 Manufacturer Acuity Brands Configuration Single Lamp Lumens 16796 Orientation Single Lamp Quantity 1 Mounting Height 20 Light Loss Factor 1 Arm Length 1 Input Power 133.1 Tilt 0 Max Illuminance 2 Area > 0.5fc 10850 Page 1 of 1Template Print 8/2/2018http://www.visual-3d.com/tools/template/Print.aspx?SessionID=4882423 R5R5 Visual - Template Tool These lighting calculation results are for general informational purposes only and are provided without warranty as to accuracy, completeness, reliability or otherwise. Results are based on user provided data and data provided from publicly available sources; actual field conditions may affect calculated output. Visit www.Visual-3D.com . Design Information Project Description Thursday, August 02, 2018 Name Company Phone Email [ D ] - RSX1 LED P4 40K AFR Manufacturer Acuity Brands Configuration Single Lamp Lumens 16395 Orientation Single Lamp Quantity 1 Mounting Height 20 Light Loss Factor 1 Arm Length 1 Input Power 133.1 Tilt 0 Max Illuminance 16 Area > 0.5fc 4200 Page 1 of 1Template Print 8/2/2018http://www.visual-3d.com/tools/template/Print.aspx?SessionID=4882423 R2R2 LEGEND 0.1 fc 0.5 fc 1.0 fc 1.0 fc 4 3 2 1 0 -4 -3 -2 -1 4 3 2 1 0 4321 Visual - Template Tool These lighting calculation results are for general informational purposes only and are provided without warranty as to accuracy, completeness, reliability or otherwise. Results are based on user provided data and data provided from publicly available sources; actual field conditions may affect calculated output. Visit www.Visual-3D.com . Design Information Project Description Wednesday, August 22, 2018 Name Company Phone Email [ D ] - RSX3 LED P4 40K AFR Manufacturer Acuity Brands Configuration Single Lamp Lumens 40537 Orientation Single Lamp Quantity 1 Mounting Height 30 Light Loss Factor 1 Arm Length 1 Input Power 311.9 Tilt 0 Max Illuminance 17 Area > 0.5fc 9844 Page 1 of 1Template Print 8/22/2018http://www.visual-3d.com/tools/template/Print.aspx?SessionID=7970173 AFRAFR 4 3 2 1 0 -4 -3 -2 -1 4 3 2 1 0 4321 Visual - Template Tool These lighting calculation results are for general informational purposes only and are provided without warranty as to accuracy, completeness, reliability or otherwise. Results are based on user provided data and data provided from publicly available sources; actual field conditions may affect calculated output. Visit www.Visual-3D.com . Design Information Project Description Monday, July 29, 2019 Name Company Phone Email [ B ] - RSX2 LED P6 40K AFRL90 Manufacturer Lithonia Lighting Configuration Single Lamp Lumens 30752 Orientation Single Lamp Quantity 1 Mounting Height 30 Light Loss Factor 1 Arm Length 1 Input Power 246.6 Tilt 0 Max Illuminance 15 Area > 0.5fc 8044 Page 1 of 1Template Print 7/29/2019http://www.visual-3d.com/tools/template/Print.aspx?SessionID=3885952 AFRL90AFRL90 4 3 2 1 0 -4 -3 -2 -1 4 3 2 1 0 4321 Visual - Template Tool These lighting calculation results are for general informational purposes only and are provided without warranty as to accuracy, completeness, reliability or otherwise. Results are based on user provided data and data provided from publicly available sources; actual field conditions may affect calculated output. Visit www.Visual-3D.com . Design Information Project Description Monday, July 29, 2019 Name Company Phone Email [ A ] - RSX2 LED P6 40K AFRR90 Manufacturer Lithonia Lighting Configuration Single Lamp Lumens 30623 Orientation Single Lamp Quantity 1 Mounting Height 30 Light Loss Factor 1 Arm Length 1 Input Power 246.6 Tilt 0 Max Illuminance 14 Area > 0.5fc 8325 Page 1 of 1Template Print 7/29/2019http://www.visual-3d.com/tools/template/Print.aspx?SessionID=3885952 AFRR90AFRR90 One Lithonia Way • Conyers, Georgia 30012 • Phone: 1-800-705-SERV (7378) • www.acuitybrands.com © 2018-2021 Acuity Brands Lighting, Inc. All rights reserved. Lithonia RSX1 Area LED Rev. 05/04/21 Page 9 of 9 COMMERCIAL OUTDOOR FEATURES & SPECIFICATIONS INTENDED USE The RSX LED area family is designed to provide a long-lasting, energy-efficient solution for the one- for-one replacement of existing metal halide or high pressure sodium lighting. The RSX1 delivers 7,000 to 17,000 lumens and is ideal for replacing 70W to 400W HID pole-mounted luminaires in parking lots and other area lighting applications. CONSTRUCTION The RSX LED area luminaire features a rugged die-cast aluminum main body that uses heat- dissipating fins and flow-through venting to provide optimal thermal management that both enhances LED performance and extends component life. Integral “no drill” mounting arm allows the luminaire to be mounted on existing pole drillings, greatly reducing installation labor. The light engines and housing are sealed against moisture and environmental contaminants to IP66. The low-profile design results in a low EPA, allowing pole optimization. All mountings are rated for minimum 1.5 G vibration load per ANSI C136.31. 3G Mountings: Include SPA, RPA, MA, IS, AASP, and AARP rated for 3G vibration. 1.5G Mountings: Include WBA, WBASC, AAWB and AAWSC rated for 1.5G vibration. FINISH Exterior parts are protected by a zinc-infused Super Durable TGIC thermoset powder coat finish that provides superior resistance to corrosion and weathering. A tightly controlled multi-stage process ensures superior adhesion as well as a minimum finish thickness of 3 mils. The result is a high-quality finish that is warrantied not to crack or peel. OPTICS Precision acrylic refractive lenses are engineered for superior application efficiency, distributing the light to where it is needed most. Available in short and wide pattern distributions including Type 2, Type 3, Type 3S, Type 4, Type 4S, Type 5, Type 5S, AFR (Automotive Front Row), and AFR rotated AFRR90 and ARFL90. ELECTRICAL Light engine(s) configurations consist of high-efficacy LEDs mounted on metal-core circuit boards and aluminum heat sinks to maximize heat dissipation. Light engines are IP66 rated. LED lumen maintenance is >L92/100,000 hours. CCT’s of 3000K, 4000K and 5000K (minimum 70 CRI) are available. Class 1 electronic drivers ensure system power factor >90% and THD <20%. Easily serviceable 10kV surge protection device meets a minimum Category C Low operation (per ANSI/ IEEE C62.41.2). STANDARD CONTROLS The RSX LED area luminaire has a wide assortment of control options. Dusk to dawn controls include MVOLT and 347V button-type photocells and NEMA twist-lock photocell receptacles. nLIGHT AIR CONTROLS The RSX LED area luminaire is also available with nLight® AIR for the ultimate in wireless control. This powerful controls platform provides out-of-the-box basic motion sensing with photocontrol functionality and is suitable for mounting heights up to 40 feet. No commissioning is required when using factory default settings that provide basic stand-alone motion occupancy dimming that is switched on and off with a built-in photocell. See chart above for motion sensor default out-of-box settings. For more advanced wireless functionality, such as group dimming, nLight AIR can be commissioned using a smartphone and the easy-to- use CLAIRITY app. nLight AIR equipped luminaries can be grouped, resulting in motion sensor and photocell group response without the need for additional equipment. Scheduled dimming with motion sensor over-ride can be achieved when used with the nLight Eclypse. Additional information about nLight Air can be found here. INSTALLATION Integral “no-drill” mounting arm allows for fast, easy mounting using existing pole drillings. Select the “SPA” option for square poles and the “RPA” option to mount to round poles. Note, the RPA mount can also be used for mounting to square poles by omitting the RPA adapter plate. Select the “MA” option to attach the luminaire to a 2 3/8” horizontal mast arm or the “IS” option for an adjustable slipfitter that mounts on a 2 3/8” OD tenon. The adjustable slipfitter has an integral junction box and offers easy installation. Can be tilted up to 90° above horizontal. Additional mountings are available including a wall bracket, adjustable tilt arm for direct-to-pole and wall and a surface conduit box for wall mount applications. LISTINGS CSA Certified to meet U.S. and Canadian standards. Suitable for wet locations. Rated for -40°C minimum ambient. DesignLights Consortium® (DLC) Premium qualified product and DLC qualified product. Not all versions of this product may be DLC Premium qualified or DLC qualified. Please check the DLC Qualified Products List at www.designlights.org/QPL to confirm which versions are qualified. International Dark-Sky Association (IDA) Fixture Seal of Approval (FSA) is available for all products on this page utilizing 3000K color temperature only. BUY AMERICAN Product with the BAA option is assembled in the USA and meets the Buy America(n) government procurement requirements under FAR, DFARS and DOT. Please refer to www.acuitybrands.com/buy-american for additional information. WARRANTY 5-year limited warranty. Complete warranty terms located at: www.acuitybrands.com/support/customer-support/terms-and-conditions Note: Actual performance may differ as a result of end-user environment and application. All values are design or typical values, measured under laboratory conditions at 25 °C. Specifications subject to change without notice. nLight Control - Sensor Coverage and Settings Motion Sensor Default Settings - Option PIRHN Option Dimmed State (unoccupied) High Level (when occupied) Photocell Operation Dwell Time (occupancy time delay) Ramp-up Time (from unoccupied to occupied) Ramp-down Time (from occupied to unoccupied) NLTAIR2 PIRHN Approx. 30% Output 100% Output Enabled @ 1.5FC 7.5 minutes 3 seconds 5 minutes nLight Sensor Coverage Pattern NLTAIR2 PIRHN Top Side *Note: NLTAIR2 PIRHN default settings including photocell set-point, high/low dim rates, and occupancy sensor time delay are all configurable using the Clairity Pro App. Sensor coverage pattern shown with luminaire at 0°. Sensor coverage pattern is affected when luminaire is titled. POLE-BS OUTDOOR: One Lithonia Way Conyers, GA 30012 Phone: 770-922-9000 www.lithonia.com © 2010-2017 Acuity Brands Lighting, Inc. All rights reserved. Rev. 08/10/17 BS Bullhorn, Steel, Fiberglass or Concrete Poles A B C A 2-7/8” O.D. x .203 wide tube Dome cap 8” radius 3/4” 2-1/2”TD20: 2-3/8” O.D. x .154 wide tube A500 grade B TD25: 2-7/8" O.D. 45°45° Drill & tap for 3/8”-16 H.H.C.S. (2 sets of 2 @ 90°) Burn 1-1/2” dia. (2 holes) 5” 2-7/8” dia. A AA B C 90° typ. C 120° typ. 41-1/2” A B A B C A B C A BS32 BS38 BS38X BS28 BS48 BS49 DIMENSIONS — Dimensions table next page 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 21-0340,Version:1 Public Hearing and Action on a Commercial Corridor Design Review Overlay District Site Plan for 1402 / 1404 6th Street, CD Properties, LLC, owner. Summary: CD Properties, LLC, has submitted a Commercial Corridor Design Review Overlay District application. Recommendation: The Development Review Team recommends approval of the Commercial Corridor Design Review Overlay application. The Planning Commission voted 5 - 0 recommending approval of the Commercial Corridor Design Review Overlay application with the following conditions: 1.Addition of two transom windows on the 6th Street façade. 2.Coordinate either a solid privacy fence or a living fence along the east property line from the southeast corner of the property to a point in line with the southeast corner of the building. Attachments: Memo Legal Notice Planning Commission Minutes Site Plan Checklist Plans Lighting Sheets Street Views City of Brookings Printed on 7/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Meeting: July 13, 2021 Subject: CD Properties, LLC Commercial Corridor Design Review Overlay District site plan – 1402 / 1404 6th Street Person(s) Responsible: Mike Struck, Community Development Director Summary: CD Properties, LLC, has submitted an application for a redevelopment project in the Commercial Corridor Design Review Overlay District. The project site is located at 1402 / 1404 6th Street. Background: CD Properties, LLC, acquired the property at 1402 and 1404 6th Street and removed two older rental houses. The property was rezoned from B-2A to B-2 earlier this year. The property is located within the Commercial Corridor Design Review Overlay District. Item Details: The proposal is a redevelopment of the site with demolition of the two rental houses occurring in June. The new structure will orientate north/south with parking to the west and south of the building. The proposed use of a coffee house will have one access approach onto 6th Street and will have a drive-thru lane starting on the south side of the building and wrapping around to the east with a service window on the north. A variance to the east side yard buffer yard was approved by the Board of Adjustment on April 15, 2021. The buffer yard to the south meets the requirements of the buffer yard regulations. Twenty (20) on premise parking spaces are provided on-site and meet the parking regulations for an eating establishment. Foundation plantings are required along the north façade of the building. The property is located in the Business B-2 District and requires a twenty-five (25’) foot front yard setback. The Commercial Corridor Design Review Overlay District regulations encourages single-story structures to locate at the building setback line and allows for the structure to project ten (10’) feet into the front yard setback. The structure is set back approximately thirty-three (33’) feet from the property line to accommodate the drive-thru lane wrapping around the front of the structure and only requiring one ingress/egress point onto 6th Street. The exterior façade consists of a variation in materials. The canopy on the north and west wall elevations helps to break up the height of the walls while enhancing the visual appearance of the structure along the right-of-way. The parapet roof aids in screening mechanical equipment placed on the roof. The north façade (6th Street) meets the 20% window glazing. Legal Consideration: None Strategic Plan Consideration: Economic Growth – community improvements, equitable opportunities, community appearance, city-owned land, land purchasing policy, future development/re - development, future growth 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 item requires a simple motion and majority vote for approval. The Planning Commission voted 5 - 0 recommending approval of the Commercial Corridor Design Review Overlay application with the following conditions: 1. Addition of two transom windows on 6th Street façade. 2. Coordinate either a solid privacy fence or a living fence along the east property line from the southeast corner of the property to a point in line with the southeast corner of the building. Staff recommends approval. Supporting Documentation: Notice Planning Commission Minutes Site Plan Checklist Plans Lighting Sheets Street Views Variance Request 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 AN APPLICATION FOR APPROVAL OF COMMERCIAL CORRIDOR DESIGN REVIEW OVERLAY DISTRICT CD Properties, LLC., has submitted an application for approval of a Commercial Corridor Design Review Overlay District site plan on the following described real estate: Lot 1 of Aldrich’s Addition, formerly known as 1402 and 1404 6th Street Said application will be acted on by the City Council at 6:00 PM on Tuesday, July 13, 2021, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, SD. 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 2nd day of July, 2021. ____________________________ Bonnie Foster City Clerk Planning Commission Brookings, South Dakota July 6, 2021 OFFICIAL MINUTES Vice-Chairperson Ashley Biggar called the meeting of the City Planning Commission to order on Tuesday July 6, 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, Greg Fargen, Jacob Mills, LeeAnn Pierce and Biggar. Absent were James Drew, Gregg Jorgenson and Jason Meusburger. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Carla Kwasniewski, Mary Ann Peterson, Grant Leffelbein, Theodore Elverson, James Drew, and Jay Larsen. Item #1 – Roll Call Item #2 – (Mills/Aiken) Motion to approve the agenda. All present voted aye. MOTION CARRIED. Item #3 – (Pierce/Mills) Motion to approve the June 6, 2021 Planning Commission Minutes. All present voted aye. MOTION CARRIED. Item #4a - Carla Kwasniewski submitted an application for a Conditional Use Permit on Lot 5, Block 4, East Acres Second Addition, also known as 2029 Elmwood Drive. The request is to operate a hair salon within a single-family home, which is a major home occupation, in the Residence R-1B single- family district. (Aiken/ Fargen) Motion to approve the Conditional Use Permit application with the recommendations from City Staff;1. The conditional use permit is for the applicant only and cannot be transferred to subsequent property owners. 2. Any signage requires a sign permit and must conform to standards and allowances set for a residential district. (Pierce/Aiken) Amendment to the motion to state “only 1 chair allowed” and “no non-residential employees allowed”. All present voted aye. AMENDMENT CARRIED. Motion as amended was voted on. All present voted aye. MOTION CARRIED. Item #4b- Granted Properties LLC submitted an application for a Conditional Use Permit on Lot 1, Block 2, Folsom Addition, also known as 530 1st St S; and Lot 2 and Lot 3, Block 2, Folsom Addition, also known as 110 6th Ave S. The request is to operate contractor’s shops with mixed business/residential in a Business B-3 heavy district. (Mills/Fargen) Motion to remove from the table. All present voted aye. MOTION CARRIED. (Aiken/Meusburger) Motion to approve the Conditional Use Permit application. (Motion made at the May 4, 2021 meeting.) Mills must recuse himself from voting on the item due to ex parte communication with the applicants. A quorum of the Planning Commission was not present to vote on the item. (Pierce/Aiken) Motion to table to the August 3, 2021 meeting. All present voted aye. MOTION CARRIED. Item #5a - Brookings County Title Co submitted an application for approval of a Commercial Corridor Design Review Overlay District site plan on Lot 1 excluding Lot H-1, Cheevers Addition, also known as 418 6th Street. (Pierce/Aiken) Motion to approve the site plan with the exception to allow five (5’) foot planting strip instead of the ten (10’) foot planting strip along the 6th Street right-of-way. All present voted aye. MOTION CARRIED. Item #5b- CD Properties LLC submitted an application for approval of a Commercial Corridor Design Review Overlay District site plan on Lot 1 of Aldrich’s Addition, formerly known as 1402 and 1404 6th Street. (Mills/ Fargen) Motion to approve the site plan. (Fargen/Aiken) Amendment to the motion to state “Approval of the site plan but allowing an opportunity for the City and the developer to work out an agreement with either a privacy fence or enhanced living fence in the southeast corner and require transom windows on the north side to more closely achieve the 20% window glazing facade. All present voted aye. AMENDMENT CARRIED. Motion as amended was voted on. All present voted aye. MOTION CARRIED. (Pierce/Mills) Motion to adjourn the meeting at 7:55 to reconvene in a different meeting room. All present voted aye. MOTION CARRIED. (Fargen/Mills) Motion to reconvene the meeting at 8:01 in Community Room #300. All present voted aye. MOTION CARRIED. Items #5c – The City of Brookings submitted amendments to Chapter 94, Zoning, pertaining to the inclusion of Cannabis Establishments as a use and corresponding supplemental regulations related to the siting of such Cannabis Establishments. (Pierce/Fargen) Motion to approve the amendments. (Aiken/Mills) Amendment to the motion to add the B-4 District to the Cannabis Dispensaries. Pierce voted no. All others voted aye. AMENDMENT CARRIED. Motion as amended was voted on. All present voted aye. MOTION CARRIED. The meeting adjourned at 8:32 p.m. _______________________ _________________________________ Ryan Miller, City Planner Ashley Biggar, Vice-Chairperson Planning Commission Brookings, South Dakota July 6, 2021 OFFICIAL SUMMARY Vice-Chairperson Ashley Biggar called the meeting of the City Planning Commission to order on Tuesday July 6, 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, Greg Fargen, Jacob Mills, LeeAnn Pierce and Biggar. Absent were James Drew, Gregg Jorgenson and Jason Meusburger. Also present were Community Development Director Mike Struck, City Planner R yan Miller, Carla Kwasniewski, Mary Ann Peterson, Grant Leffelbein, Theodore Elverson, James Drew, and Jay Larsen. Item #4a – Kwasniewski’s recently purchased this property which had previously had a rental unit in the basement. This portion of the basement has a separate entrance providing direct access to the space where the application would like to have a hair salon. This type of home occupation will require two parking spaces and parking is sufficient for this request. The applicant will provide a walkway which will direct customers to the salon. Mills requested the requirements for the signage. Miller stated that in all residential districts you can have a maximum of 16 square feet of signage. Pierce asked if the signage could have lighting? Struck explained that they cannot have any electronic or illuminated signage in a residential district. Kwasniewski explained that she might put a sign up for a short period of time, but ultimately she doesn’t plan to keep a sign up. She does not plan to have much traffic but the parking in their driveway will be sufficient. Mills asked about the walk way that she plans to install? Kwasniewski stated that there is already a walk way installed. Peterson, 2038 Elmwood Drive, would like the permit to state that only one chair will be allowed in the salon. There is also a fire hydrant near this property. Miller stated that parking will not be an issue because off-street parking will be available. Item #4b – This item was tabled at the May 4, 2021 meeting. The request is for seven contractor shops on the first floor and four two-bedroom residential units on the second floor. The applicants have added some proposed covenants to the plan. This project has received a variance for a reduced buffer yard on the south side allowing for a 20’ setback rather than the required 30’ setback. The parking will be met based on the site plan provided and they do have two accesses onto the property. There is currently a house on the property that will be demolished. The request in being recommended for denial, from the Development Review Team, based on the incompatibly of uses. However, the applicants are willing to apply covenants to the property to satisfy some of the concerns. Leffelbein and Elverson noted that the building will be sprinkled and there will be a two-hour separation between the units. They also anticipate that most of the storage will be hobby storage and not used for contractor shops. They also feel that this project will bring additional residential/rental units closer to the downtown area. The plan is to keep storage clean and organized. They do not anticipate much traffic from the contractor’s that will be using these shops. Mills feels that the Planning Commission doesn’t have reason to deny this request. The applicant/property owners are the ones that will have to deal with renting out these properties and it is their concern. The applicants are trying to bring housing and affordable housing to town. Biggar asked if there are other developments like this around town. Miller stated no, not exactly like this one. Fargen asked if a residential house would be permitted in a B-3 District. Miller stated no, however “Mixed business/residential use” could be applied for through the Conditional Use Permit application process. Fargen also asked for clarification of where the twelve parking spaces are located, the site plan doesn’t show twelve spaces. Fargen is most concerned about chemicals and chemical storage in the contractor shops below. Leffelbein and Elverson stated that they would have to complete inspections to verify the OSHA rules are being followed. Pierce asked if City Staff could regulate the types of contractor shops that could be allowed in this development. Miller explained that this would be a large task. Item #5a – This is a redevelopment project on the corner of 6th Street and 5th Avenue. The proposal will be for a new building facing 6th Street. Parking is planned for the west and south sides of this building. The building will be setback 5’from the front (north) property line and 18’6” from the front (east) property line. Drew, representing the development, explained that they shifted the parking and the dumpster area based on a recommendation from the Development Review Team. With this shift, they were also able to add a green space island that ultimately increased the green space on the development. The landscaping plan is consistent with the landscaping regulations of the zoning ordinance with the exception of the 10’ planting strip along the 6th Street right-of-way however there is no front yard setback therefore the option exists for the developer to build up to the property line. Foundation plantings meet the zoning requirements and tree planting requirements will be accomplished with the plan. Aiken appreciates the plan and the work that was put into this plan to be presented to the Commission. Item #5b – This project is for the redevelopment of two lots located at 1402 and 1404 6th Street. These two lots have been combined and have been rezoned to a B-2 district. The plan is to build a coffee shop at this location. There will be one access coming off of 6th Street, into the parking area. There is a drive thru planned for this development also. A variance to the east side yard buffer yard was approved by the Board of Adjustment in April and the parking requirements are met for this plan. The developers plan to install a fence along the west and south property lines to provide a buffer between this development and the adjacent residential lots. An outdoor patio is planned for this development, which is allowed in the Commercial Corridor Overlay District. This plan does not meet the requirement of 20% window coverage on the 6th Street (north) side of the building. Mechanical equipment will be located on the roof of the property and the parapet roof aids in the screening of this equipment. Drew, representing CD Properties LLC, explained that they added a pedestrian sidewalk and screening from the transformer based on recommendations. He explained that they eliminated one access off of 6th Street to make this a user friendly spot. With this plan, they needed to move the drive-thru to the north side of the building which explained why they were not able to meet the window requirement on the 6th Street (north) side. Biggar asked how many cars will be able to be stacked in the drive-thru and exit lane? Aiken is also concerned about how vehicles will exit to the west and not cause a stacking issue. Struck explained that the Public Works Director doesn’t feel this will be an issue since there is a turn lane that could be utilized for the exit process. Aiken asked if the landscaping were to be dressed up, would this improve the view of the north side of the building. Mills feels that since the drive-thru on the north side will typically have a vehicle located at it, you won’t look directly at just the side of the building. Fargen is concerned about the view on the east side of the building more than the north side of the building. Drew stated that if the Commission feels that additional windows should be added; they could propose adding windows at a higher height on the north side. Fargen likes the idea and proposal that Drew offered to install the additional windows at the higher height. Aiken concurred. Jay Larsen, 1347 5th Street, doesn’t have an issue with the building but has issues with the site. He stated that they will be affected by the lighting, smells and noise coming from this business. Larsen feels that the site plan has changed since he last saw it. He spoke with the Parks and Recreation Director and they feel that the chain link fence will not be sufficient. Larsen would like to see the Commission require a fence that will increase the screening along the east side. Mills asked for clarification on this requirement that Larsen is proposing. Larsen stated that he would like the chain link fence replaced with a full size, full material fence to provide additional privacy. Struck did talk with the Dusty Rodiek, the Parks and Recreation Director, and he is concerned with the privacy on the east side of this development. He has no concerns with the setback but would like to see the chain link fence be replaced with something that will provide the additional privacy. Larsen is also concerned that there isn’t any green space other than along the lot lines and along the north side. Fargen asked for clarification of the fencing that Drew plans to install. Drew explained that there is 6- foot vinyl fencing along the south on the east end of this lot and he will plan to attach to that fence and continue to the west, across the south and connect with a fence that will be installed along the west side. Drew isn’t sure what type of fence Larsen is requesting be installed along the east side. Larsen stated that the site line isn’t their concern, it’s the smells, lighting and privacy and therefore they would like to see a privacy fence installed. Pierce asked if the current 6-foot fence along the south side helps buffer the headlights? Larsen explained that their property sits higher than this area being developed so therefore they will be affected by headlights. Aiken wondered if shrubbery could be used instead of fencing. Larsen stated that since the developers were granted a 5 -foot buffer yard variance, there won’t be room for shrubbery. Pierce feels that the Commission should require fencing around the perimeter of this site along with the six tree plantings along the south side. Fargen wonders if the biggest concern is just the southeast corner of the fencing and if just this portion should be required to be replaced/installed. Drew again explained that there will be a fence along the whole south side and the east side already has a slatted chain link fence. Drew stated that they would be willing to install a 6-foot privacy fence from the south east corner going north and ending at the south end of the building. Item #5c – Struck explained that this is a new Zoning Ordinance that has been written by City Staff and the City Attorney. The City looked at this and didn’t reference this ordinance as “medical.” The proposed ordinance identifies different types of cannabis establishments, appropriate zoning districts for each type of establishment and buffer distances. The Dispensary regulations were drafted in a manner to closely align with a pharmacy use and the proposed zoning districts customarily associated with retail/pharmacy. Cannabis testing facilities, product manufacturing facilities, and cultivation facilities are proposed in the Industrial I-1 district. These uses closely resemble other business uses in this area due to size, needs and odors. This ordinance applies to the zoning and not the licensing requirements. A cannabis dispensary shall be considered a permitted use in the B-1, B-2, B-2A and B-3 Heavy District. Additionally, a dispensary shall not operate within 300’ of an educational institution, religious institution, preschool or detention facility. In all the listed districts, other than the B-1 Central District, only 1 cannabis dispensary shall be allowed within 1,000 feet of each other. Aiken feels that the B-4 district should also be in this ordinance. Mills agrees. The meeting adjourned at 8:32 p.m. ______________________ __________________________ Ryan Miller, City Planner Ashley Biggar, Vice-Chairperson SITE PLAN APPLICATION & CHECKLIST Owner: Applicant: Phone Number: Email: Address & Legal Description: Zoning District & Use: Structure Square Footage: Structure Height: Site Plan Criteria (show on site plan) Name of the project, owner, developer information: Scale, north arrow, property lines/dimensions, legal description, address if known: Location of existing and proposed structures: Setbacks & dimensions to property lines at the closest point: Required greenspace areas/buffers: Show and label easements: Access/driveway locations and dimensions, drive aisle dimensions, sidewalks, drive thru stacking areas: Location of trash containers and enclosures: Parking ratio, parking spaces, and dimensions: Square footage of surfaced area not including building (used for required tree plantings): Square footage of parking area: Location of any docks or garage doors: Locations, identification, and sizes of existing and proposed trees, shrubs and other vegetation: Foundation planting along building facing right-of-way: Location, width, and height of all earth berms, retaining walls/fencing, and signage: Soil mix and depth for if parking lot islands are required: Planting schedule: Applicant Signature Date *Signage requires separate permit Please email completed form to sbungard@cityofbrooking.org A.B.A/CA.H.U.ADJ.A.F.F.ALT.ANC.A.C.T.APC.B.M.B.N.BD.BIT.BLDG.BLK.BLKG.BM.BOT.BRG.C.J.C.T.CAB.CH. BD.CLG.CLR.CMUCOL.COMP.CONC.CONT.CPT.D.D.F.D.T.DBL.DET.DIA.DIM.DISP.DN.DR.DS.DW.DWL.DWG.E.J.E.C.E.W.C.E.W.EA.EL.ELEC.ELEV.EXP.EXST.EXT.ANCHOR BOLTAIR CONTITIONINGAIR HANDLING UNITADJUSTABLEABOVE FINISHED FLOORALTERNATEANCHORACOUSTICAL CEILING TILEACOUSTICAL PANEL CEILINGBENCH MARKBULL NOSEBOARDBITUMINOUSBUILDINGBLOCKBLOCKINGBEAMBOTTOMBEARINGCONTROL JOINTCERAMIC TILECABINETCHALK BOARDCEILINGCLEARCONCRETE MASONRY UNITCOLUMNCOMPARTMENTCONCRETECONTINUOUSCARPETDEPTHDRINKING FOUNTAINDOUBLE TEEDOUBLEDETAILDIAMETERDIMENSIONDISPENSERDOWNDOORDOWNSPOUTDISHWASHERDOWELDRAWINGEXPANSION JOINTELECTRICAL CONTRACTORELECTRIC WATER COOLEREACH WAYEACHELEVATIONELECTRICALELEVATOREXPANSIONEXISTINGEXTERIORABCDEF.D.F.E.F.E.C.F.O.F.FDN.FIN.FL.FLASH.FR.FT.FTG.FURR.G.B.GA.GALV.GWB.GWC.H.H.C.H.M.HORIZ.HT.HTG.HVAC.I.D.INSUL.INT.JB.JST.JT.LAM.LAV.LTG.LWCMU.M.C.M.O.MAX.MECH.MED.C.MTL.MF.MIN.MISC.MTD.N.E.C.N.I.C.N.T.S.NO.NOM.O.C.O.D.O.F.OH.FLOOR DRAINFIRE EXTINGUISHERFIRE EXTINGUISHER CABINETFACE OF FINISHFOUNDATIONFINISHFLOORFLASHINGFRAMEFOOT OR FEETFOOTINGFURRINGGRAB BARGAUGEGALVANIZEDGYPSUM WALLBOARDGLAZED WALL COATINGHEIGHTHOLLOW COREHOLLOW METALHORIZONTALHEIGHTHEATINGHEATING/VENTILATION/AND AIR CONDITIONINGINSIDE DIAMETER (DIM.)INSULATIONINTERIORJUNCTION BOXJOISTJOINTLAMINATELAVATORYLIGHTINGLIGHTWEIGHT CONCRTEMASONRY UNITMECHANICAL CONTRACTORMASONRY OPENINGMAXIMUMMECHANICALMEDICINE CABINETMETALMANUFACTURERMINIMUMMISCELLANEOUSMOUNTEDNATIONAL ELECTRIC CODENOT IN CONTRACTNOT TO SCALENUMBERNOMINALON CENTEROUTSIDE DIAMETER (DIM.)OUTSIDE FACEOVERHEADP.LAM.P.L.P.S.F.P.S.I.P.T.D.P.BD.PLAS.PLYWD.PNT.Q.T.R.D.R.O.R.V.RAD.REC.REF.REFL.REINF.REQ.RESIL.RM.S.B.S.C.S.D.S/SSCHED.SECT.SHR.SHT.SH.V.SHTG.SIM.SPEC.STD.STL.STR.SUSP.SQ.SYM.T.B.T.O.C.T.O.F.T.O.S.T & GT.P.D.T.V.TEL.TYP.UNF.UR.VB.V.W.C.V.C.T.W.C.WO.WD.WDTH.WP.PLASTIC LAMINATEPROPERTY LINEPOUNDS PER SQUARE FOOTPOUNDS PER SQUARE INCHPAPER TOWEL DISPENSERPARTICLE BOARDPLASTERPLYWOODPAINTQUARRY TILEROOF DRAINROUGH OPENINGROOF VENTRADIUSRECEPTACLEREFRIGERATORREFLECTEDREINFORCEDREQUIREDRESILIENTROOMSPLASH BLOCKSOLID CORESOAP DISPENSERSTAINLESS STEELSCHEDULESECTIONSHOWERSHEETSHEET VINYLSHEATHINGSIMILARSPECIFICATIONSTANDARDSTEELSTRUCTURALSUSPENDEDSWITCHSYMMETRICALTOWEL BARTOP OF CONCRETETOP OF FOOTINGTOP OF STEELTONGUE AND GROOVETOILET PAPER DISPENSERTELEVISIONTELEPHONETYPICALUNFINISHEDURINALVAPOR BARRIERVINYL WAL COVERINGVINYL COMPOSITE TILEWATER CLOSETWITHOUTWOODWIDTHWATERPROOFFGHIJLMNOPQRSTUVWCONTAINS STANDARD LIST; SOME DESIGNATIONS MAY NOT APPEAR.ABBREVIATIONS:SHEET INDEX:CONTACTS INDEX:OWNER:CD PROPERTIES302 32ND AVE S.BROOKINGS, SD 57006ARCHITECT OF RECORD:DESIGNARC GROUP, LLCARCHITECT: MATTHEW WEISSPROJECT MGR.: EMILY LINEHAN830 2ND STREET SOUTHBROOKINGS, SD 57006P: (605) 692-4008emily@designarcgroup.comCIVIL CONSULTANT:CIVIL DESIGN INCCONTACT: ANDREW KANGAS609 MAIN AVENUE SBROOKINGS, SD 57006P: (605) 696-3200akangas@civildes.comSTRUCTURAL CONSULTANT:RISE, INC.CONTACT: CHRIS HAMILTON6909 S. LYNCREST PLACE -SUITE 110SIOUX FALLS, SDP: (605) 743-2510cjhamilton@riseincorp.comDATE PRINTED:SHEET NAME:PROJECT NO.PROJECT MANAGER:DATE:SHEET:P.O. BOX 2553STAMP:Sioux Falls, SD 57101 | P: 605.692.4008REVISIONS:FULL-SCALE: 24x36HALF-SCALE: 12x18DRAWING MAY NOT BE PRINTED TO SCALE434 5th Street, Suite 1Brookings, SD 57006 | P: 605.692.4008Architecture | Planning | Interiors7/8/2021 12:11:33 PMINDEX & PROJECTINFORMATIONT1.1BROOKINGS, SDDA21_009EMILY LINEHAN06.25.2021STARBUCKS COFFEE SHOP1404 6TH STREET, BROOKINGS, SDSTARBUCKSCOFFEE SHOPFOR BIDDING ANDCONSTRUCTIONARCHITECTURAL DRAWING INDEXT1.1 INDEX & PROJECT INFORMATIONT1.2 LIFE SAFETY & CODE REVIEWT1.3 WALL & ASSEMBLY TYPESAC1.1 ARCHITECTURAL SITE PLANAC1.2 TRASH ENCLOSURE DETAILSA1.1 FIRST FLOOR PLANA3.1 ROOF PLANA4.1 BUILDING ELEVATIONSA5.1 BUILDING SECTIONSA5.2 DETAILSA7.1 SCHEDULES & DOOR ELEVATIONSA7.2 DOOR DETAILSA7.3 WINDOW DETAILSCIVIL DRAWING INDEXC1.1 GENERAL NOTES AND SPECIFICATIONSC1.2 EXISTING SITE, EROSION CONTROL AND REMOVALSC1.3 OVERALL SITE LAYOUTC1.4 GRADING PLANC1.5 DETAILSC1.6 STORMWATER POLLUTION PREVENTION PLAN (SWPPP)C1.7 STANDARD PLATESC1.8 STANDARD PLATESSTRUCTURAL DRAWING INDEXS0.0 STRUCTURAL NOTES & SCHEDULESS1.0 FOOTING & FOUNDATIONS2.0 ROOF FRAMINGS3.0 STRUCTURAL DETAILS1CONCEPTUAL RENDERING - NOT FOR CONSTRUCTIONNO.DESCRIPTION:DATE: LIFE SAFETY PLAN LEGEND:FIRE WALLFIRE BARRIER / SHAFT WALLFIRE PARTITION / DRAFTSTOPPINGFIRE DEPARTMENT CONNECTIONNET AREA CALCULATION BOUNDARIES, WHERE OCCURRING.EXIT SYMBOL, CORRELATES WITH CODE REVIEW.NUMBER OF OCCUPANTS SERVED BY THAT INDIVIDUAL MEANS OF EGRESS COMPONENT.ΨINCIDENTAL USE AREAS, WHERE OCCURRING.EMERGENCY EXIT SIGNRATED SHAFTWALL-MOUNT FIRE EXTINGUISHERFIRE EXTINGUISHER CABINET'X' INDICATES AREA WHERE OCCUPANT HAS TWO DIRECTIONS OF EXIT ACCESS TRAVEL TO CHOOSE FROM.FEFECNOTES:1. SEE WALL TYPES ON SHEET T1.3 FOR FIRE-RATED CONSTRUCTION REQUIREMENTS.2. NOT ALL DESIGNATIONS WILL APPEAR.6123IBC 2015 CODE REVIEW -Starbucks Coffee Shop, Brookings, SD:OCCUPANCY TYPE:PRIMARY:B-2 -BUSINESS (COFFEE SHOP)The building is a small assembly space with occupancy under 50, complying as a type "B" Business occupancy. The building shall house a coffee shop with a drive-thru.FIRE PROTECTION FEATURES:ESTABLISH OCCUPANT LOAD (CHAPTER 10)FIRST FLOOR:• COFFEE SHOP:1. WORK AREA (500 / 100 gross):5 occ.2. KITCHEN (609 / 200 gross):4 occ.3. STANDING AREA (97 / 5 net):20 occ.4. SEATING AREA (306 / 15 net):21 occ.COMBINED TOTAL OCCUPANT LOAD:50 occ.ESTABLISH EGRESS WIDTH PER OCCUPANT SERVED (CHAPTER 10)EXITS:EXIT #1OCCUPANT LOAD:25 (SEE KEYNOTE 3)INCHES PER PERSON:0.20REQ'D. MIN. WIDTH OF EXIT:5 inchesACTUAL:32 inchesEXITS #2OCCUPANT LOAD:17INCHES PER PERSON:0.20REQ'D. MIN. WIDTH OF EXIT:3.4 inchesACTUAL:32 inchesEXITS #3OCCUPANT LOAD:17INCHES PER PERSON:0.20REQ'D. MIN. WIDTH OF EXIT:3.4 inches ACTUAL:38 inches TOTAL EXIT WIDTH REQ'D:11.8 inchesTOTAL EXIT WIDTH PROVIDED:102 inchesOTHER EGRESS COMPONENTS:CORRIDORS:44 inches allowable (TABLE 1020.2)ACTUAL: 68.5 inches (narrowest)BUILDING DESCRIPTION:EGRESS REQUIREMENTS:DUE DILLIGENCE REPORT:LOCAL ORDINANCE CHECK:VERIFY LOCAL ADOPTED CODES:BUILDING CODE:2015 INTERNATIONAL BUILDING CODEACCESSIBILITY:2010 ADA and ANSI A117.1 (2009)PLUMBING CODE:2015 UNIFORM PLUMBING CODE(Restroom Fixtures allowed to be calculated by either UPC or IBC)MECHANICAL CODE:2015 INTERNATIONAL MECHANICAL CODEELECTRICAL CODE:2017 NATIONAL ELECTRIC CODEENERGY CODE:NO ADOPTION OF IECCFIRE CODE:NOT APPLICABLEREVIEW APPLICABLE IBC AMENDMENTS, CITY OF BROOKINGSN/AREVIEW APPLICABLE ZONING REQUIREMENTS, CITY OF BROOKINGS, ZONE B-294-132; BULK REGULATIONS:• FRONT YARD:25 FEET• SIDE YARD5 FEET• REAR YARD:20 FEET• MAX. HEIGHT:2 STORIES AND NO MORE THAN 45 FEET• MAX. SIZE:EA. BLDG. NO MORE THAN 25,000 SQ. FT. OF GFA94-399.1 BUFFERYARDS:MINIMUM BUFFER FROM PARKING LOT: TYPE B -15'94-399; LANDSCAPE STANDARDS:C2) MINIMUM NUMBER OF TREES. EXCEPT FOR SINGLE-, TWO-FAMILY, AND AGRICULTURAL USES,DEVELOPMENTS MUST AT A MINIMUM PROVIDE THE FOLLOWING NUMBERS OF TREES ON SITE:1. ONE TREE FOR THE FIRST 4,000 SQ. FT. OF SURFACED AREA.2. ONE TREE FOR EACH ADDITIONAL 3,000 SQ. FT. OF SURFACED AREA.SURFACED AREA = 10,663 SQ. FT. = 4 TREES REQ'D94-408; ILLUMINATION:(3) PARKING LOT LIGHTS. POLE MOUNTED LIGHTS SHALL BE A FIXED TENON MOUNT PARALLEL TO THE GROUND INCORPORATING A "SHOEBOX" DESIGN WHERE THE LIGHT SOURCE DOES NOT EXTEND BELOW THE LENS.94-433; OFF-STREET PARKING REQUIREMENTS:12a) EATING AND DRINKING ESTABLISHMENT: ONE SPACE FOR EACH 100 SQ. FT. OF GROSS FLOOR AREA EXCLUDING FLOOR AREAS DEDICATED PERMANENTLY FOR MECHANICAL ROOMS, STOCK ROOMS, AND COOLERS.94-132; OFF-STREET LOADING REQUIREMENTS:N/A94-434; STACKING:(a) USES WHICH HAVE DRIVE-UP SERVICE WINDOWS OR SIMILAR DEVICES SHALL PROVIDE SPACE ON THE LOT TO STACK VEHICLES WAITING TO REACH THE INITIAL POINT OF CONTACT IN ACCORDANCE WITH THE FOLLOWING:(1)EATING ESTABLISHMENT: ONE HUNDRED TWENTY FEET FOR THE FIRST SERVICE WINDOW OR DEVICE. FOR EACH ADDITIONAL SERVICE WINDOW OR SIMILAR DEVICE, THE STACKING LANE MAY BE REDUCED IN LENGTH BY 40 FEET.94-473; ALLOWED SIGN TYPES IN EACH DISTRICT:WALL SIGNS:NO MORE THAN 15% OF WALL AREAFREE-STANDING:120' STREET FRONTAGE =120 SQ. FT. MAX. SIGN AREA30' MAX. SIGN HEIGHTUSE AND OCCUPANCY CLASSIFICATIONS (CHAPTER 3)BUILDING AREA: TOTAL:2,447 sq.ft.BUILDING HEIGHT:NO. OF STORIES:1BUILDING HEIGHT:18'-5 1/2" A.F.F. (as measured to top of highest roof peak)BUILDING HEIGHT & AREA (CHAPTER 5)FIRE-RESISTANCE RATING REQUIREMENTS FOR BUILDING ELEMENTS (HRS):STRUCTURE:• PRIMARY STRUCTURAL FRAME:0• BEARING WALLS, INTERIOR:0• BEARING WALLS, EXTERIOR:0• NON-BEARING WALLS, INTERIOR:0• FLOOR CONSTRUCTION:0• ROOF CONSTRUCTION: 0FIRE PARTITIONS:CORRIDOR WALLS:N/AUNIT SEPARATION WALLS:N/AINCIDENTAL USE SEPARATIONS:N/AFIRE BARRIERS:2 FLOOR STAIR/ELEVATOR SHAFTS:N/AFIRE AREA SEPARATION WALLS (B to B):N/AHORIZONTAL ASSEMBLIES:FLOOR/CEILING (B to B):N/AFIRE WALLS:N/AOPENING PROTECTION (UNLESS OTHERWISE INDICATED:FIRE PARTITIONS:N/A1-HR FIRE BARRIERS:N/A2-HR FIRE BARRIERS:N/A2-HR FIRE WALLS:N/AINCIDENTAL USE SEPARATIONS:N/ACONCEALED SPACES:DRAFTSTOPPING IN ATTICS:EVERY 3,000 sq.ft.DETERMINE REQ'D. FIRE & SMOKE PROTECTION FEATURES (CHAPTERS 6, 7)INTERIOR WALL AND CEILING FINISH MATERIALS:CLASS A:FLAME SPREAD INDEX 0-25; SMOKE DEVELOPMENT INDEX 0-450CLASS B:FLAME SPREAD INDEX 26-75; SMOKE DEVELOPMENT INDEX 0-450CLASS C:FLAME SPREAD INDEX 76-200; SMOKE DEVELOPMENT INDEX 0-450GROUP B-2 (NS):INTERIOR EXIT STAIRWAYS:ACORRIDORS, EXIT ACCESS STAIRWAYS:BROOMS AND ENCLOSED SPACES:CDETERMINE REQ'D. INTERIOR FINISH REQUIREMENTS (CHAPTER 8)DETERMINE REQ'D. FIRE PROTECTION SYSTEMS (CHAPTER 9)ESTABLISH EGRESS TRAVEL DISTANCES (CHAPTER 10)EXIT ACCESS TRAVEL DISTANCE:B OCC. (NON-SPRINKLED):SHALL NOT EXCEED 200'-0".COMMON PATH OF EGRESS TRAVEL:B OCC. (NON-SPRINKLED):SHALL NOT EXCEED 75'-0".CHECK ACCESSIBILITY REQUIREMENTS (2015 IBC CHAPTER 11; ICC A117.1-2009)ALL AMENITIES MUST BE ON AN ACCESSIBLE ROUTE AND PROVIDE ACCESSIBLE FEATURES.PARKING STALLS (1-25 STALLS):TOTAL PARKING PROVIDED:20MIN. NO. OF ACCESSIBLE STALLS:1ACCESSIBLE STALLS PROVIDED:2AT LEAST ONE ACCESSIBLE STALL SHALL BE VAN-ACCESSIBLE.ALL COMMON RESTROOMS, INCLUDING STAFF TOILETS, MUST BE FULLY ACCESSIBLE.ACCESSIBILITY REQUIREMENTS:PLUMBING FIXTURES (PER IBC CHAPTER 29)TOTAL FIXTURES REQ'D:B: BUSINESS:MALE: WC = 1 per 75LAV = 1 per 200FEMALE: WC = 1 per 75LAV = 1 per 20050 OCCUPANTS = 25 MEN, 25 WOMENMEN =1 WC REQ'D (1 provided)1 LAV REQ'D (1 provided)WOMEN =1 WC REQ'D (1 provided)1 LAV REQ'D (1 provided)1 DRINKING FOUNTAINS REQ'D (1 provided)1 SERVICE SINK REQ'D (1 provided)OTHER REQUIREMENTS:CONSTRUCTION TYPE:V-B, non-rated structureBASE ALLOWABLE SQ. FT. (per floor):9,000 sq.ft. (NS)ALLOWABLE NUMBER OF STORIES:2ALLOWABLE HEIGHT:40'DETERMINE ALLOWABLE BUILDING HEIGHT & AREA (CHAPTERS 3, 5, 6)STATE ORDINANCE CHECK:REVIEW DEPT. OF HEALTH REGULATIONS (CH. 44:02:07 FOOD SERVICE CODE, SD ADMINISTRATIVE RULES):NOTE:STATE ORDINANCE CHECK PROVIDED FOR CONVENIENCE ONLY. BUILD-OUT DESIGNER IS RESPONSIBLE FOR ALL INTERIOR FURNISHINGS, FINAL LAYOUT, AND FIXTURES.44:02:07:45; FOOD CONTACT SURFACES -DESIGN AND CONSTRUCTION:MUST BE SMOOTH, FREE OF DEFECTS AND SHARP ANGLES, CORNERS AND FINISHED TO HAVE SMOOTH JOINTS. MUST BE ACCESSIBLE FOR CLEANING AND INSPECTION WITHOUT BEING DISASSEMBLED OR BY BEING DISASSEMBLED WITHOUT THE USE OF TOOLS.44:02:07:46; NONFOOD CONTACT SURFACES -DESIGN AND CONSTRUCTION:MUST BE CONSTRUCTED OF A CORROSION-RESISTANT, NONABSORBENT, AND SMOOTH MATERIAL. MUST BE FREE OF UNNECESSARY LEDGES, PROJECTIONS AND CREVICES, AND MUST BE DESIGNED AND CONSTRUCTED TO ALLOW EASY CLEANING.44:02:07:49; VENTILATION HOOD SYSTEMS -DESIGN AND CONSTRUCTION:MUST BE PROVIDED OVER ALL COOKING EQUIPMENT WHICH PRODUCES STEAM, EXCESSIVE SMOKE, GREASE VAPORS OR ODORS.44:02:07:68; HANDWASHING LAVATORIES:MUST BE PROVIDED IN THE FOOD PREP AREA, OR OTHERWISE AS REQ'D BY THE REGULATORY AGENCY. MUST NOT BE USED FOR PURPOSES OTHER THAN HANDWASHING. A SINK USED FOR FOOD PREP OR UTENSIL WASHING CANNOT BE USED AS A HANDWASHING LAVATORY.44:02:07:76; DESIGN AND CONSTRUCTION OF FLOORS, WALLS, AND CEILINGS:• FLOORS, FLOOR COVERINGS, WALLS, WALL COVERINGS, AND CEILINGS MUST BE DESIGNED TO BE SMOOTH, NONABSORBENT AND EASILY CLEANABLE. ANTISLIP FLOOR COVERINGS MAY BE USED FOR SAFETY REASONS.• UTILITY SERVICE LINES AND PIPES SHALL NOT BE EXPOSED.• THE FLOOR AND WALL JUNCTURES MUST BE COVED AND CLOSED.• CARPETING IS NOT ALLOWABLE IN FOOD PREP AREAS, BUT ALLOWABLE IN OTHER AREAS IF CLOSELY WOVEN AND EASILY CLEANABLE/REPAIRABLE.• MATS CAN BE USED BUT MUST BE NONABSORBENT, GREASE-RESISTANT AND EASILY CLEANABLE.• WALL AND CEILING COVERING MATERIALS MUST BE SMOOTH, NON-ABSORBENT AND EASILY CLEANABLE.• ATTACHMENTS SUCH AS LIGHTS, HVAC DIFFUSERS/REGISTERS, VENT COVERS, FANS, DECORATIVE ITEMS ETC. MUST BE EASILY CLEANABLE AND MAINTAINED IN GOOD REPAIR.• STUDS, JOISTS, AND RAFTERS MAY NOT BE EXPOSED.44:02:07:78; LIGHTING:LIGHT BULBS MUST BE OF SHATTER RESISTANCE TYPE OR OTHERWISE SIMILARLY PROTECTED IN FOOD PREP AREAS.FIRE-SPRINKLER SYSTEMAN AUTOMATIC FIRE SPRINKLER SYSTEM IS NOT REQ'D.PORTABLE FIRE EXTINGUISHERS(1) PORTABLE FIRE EXTINGUISHER SHALL BE PROVIDED AS SHOWN IN THE DRAWINGS. PORTABLE FIRE EXTINGUISHERS TO HAVE MIN. RATING OF 1-A: 10-B:C.MAXIMUM TRAVEL DISTANCE TO FIRE EXTINGUISHERS TO BE 75 LINEAL FEET.PROVIDE ADDITIONAL FIRE EXTINGUISHERS AS REQ'D BY THE LOCAL FIRE CODE OFFICIAL.FIRE ALARM SYSTEMA MANUAL FIRE ALARM SYSTEM IS NOT REQ'D.2222129'-6"50'-0"4FE12317173SEATING AREA306 sq.ft. = 21 occ.STANDING AREA97 sq.ft. = 20 occ.WORK AREA500 sq.ft. = 5 occ.25KITCHEN609 sq.ft. = 4 occ.2222DATE PRINTED:SHEET NAME:PROJECT NO.PROJECT MANAGER:DATE:SHEET:P.O. BOX 2553STAMP:Sioux Falls, SD 57101 | P: 605.692.4008REVISIONS:FULL-SCALE: 24x36HALF-SCALE: 12x18DRAWING MAY NOT BE PRINTED TO SCALE434 5th Street, Suite 1Brookings, SD 57006 | P: 605.692.4008Architecture | Planning | Interiors7/8/2021 12:11:47 PMLIFE SAFETY & CODEREVIEWT1.2BROOKINGS, SDDA21_009EMILY LINEHAN06.25.2021STARBUCKSCOFFEE SHOPFOR BIDDING ANDCONSTRUCTIONKEYNOTES -CODE REVIEW PLANS1. LINE OF COMMON PATH OF EGRESS TRAVEL. MEASURES PATH FROM START POINT TO POINT WHERE OCCUPANT HAS TWO DIRECTIONS OF TRAVEL TO CHOOSE FROM.2. LINE OF EXIT ACCESS TRAVEL DISTANCE. MEASURES PATH FROM START POINT TO FINAL EXIT POINT OF BUILDING.3. MAIN EXIT SIZED FOR MIN. 50% OF TOTAL BUILDING OCCUPANTS.4. CALCULATED WORST-CASE SCENARIO FOR EXIT ACCESS TRAVEL DISTANCE.PARKING COUNTEXISTING STALLS:0NEW STALLS PROVIDED:20NET TOTAL STALLS PROVIDED:20ACCESSIBLE STALLS REQ'D:1ACCESSIBLE STALLS PROVIDED:2LOADING SPACES PROVIDED:0BUILDING AREATOTAL AREA = 2,447 SQ. FT.OVERALL BLDG LENGTH =66'-3 3/4"(ROOFLINE NOT INCLUDED)OVERALL BLDG WIDTH =38'-4 1/4"OVERALL BLDG HEIGHT =18'-5 1/2"(TO TOP OF ROOF PEAK)NUMBER OF STORIES =1BUILDING SUMMARY1/8" = 1'-0"1CODE REVIEW PLAN - FIRST FLOORNORTH222NO.DESCRIPTION:DATE:2Franchise Comments07/02/2021 E1. EXTERIOR WALL W/ EIFSNO RATING REQ'D.-CONT. 6-MIL. POLYVAPOR BARRIER-2x6 WOOD STUDS @ 16" O.C.-R-19 THERMAL BATT INSUL.-EXTERIOR SHEATHING (SEE STRUCT.)-CONT. INFILTRATION BARRIER-1 1/2" (R-7.5) RIGID INSULATION-EIFS (FINISH VARIES, SEE ELEV'S)E2. EXTERIOR WALL W/ BRICKNO RATING REQ'D.-CONT. 6-MIL. POLYVAPOR BARRIER-2x6 WOOD STUDS @ 16" O.C.-R-19 THERMAL BATT INSUL.-EXTERIOR SHEATHING (SEE STRUCT.)-CONT. INFILTRATION BARRIER-1" RIGID INSULATION-1 3/8" AIR GAP-CAVITY BRICKEXTERIORINTERIOREXTERIORINTERIORE3. EXTERIOR WALL W/ NICHIHANO RATING REQ'D.-CONT. 6-MIL. POLYVAPOR BARRIER-2x6 WOOD STUDS @ 16" O.C.-R-19 THERMAL BATT INSUL.-EXTERIOR SHEATHING (SEE STRUCT.)-BUILDING WRAP-NICHIAHA PANEL CLIP-NICHIHA PANELEXTERIORINTERIORB. ROOF ASSEMBLY-FULLY ADHERED EPDM-1/2" DENS DECK (COVER BOARD)-5.2" OF EPS INSULATION REQUIRED.-5/8" TYPE 'X' GYP. BD.-PRE-ENGINEERED ROOF TRUSS / STRUCTURAL SLOPE (SEE STRUCT.)A. FLOOR SLAB ASSEMBLYNOT RATED-4" CONC. SLAB (SEE STRUCT.)-6 MIL CONT. POLYVAPOR BARRIER-6" ENGINEERED FILL (SEE STRUCT.)-UNDISTURBED EARTHDATE PRINTED:SHEET NAME:PROJECT NO.PROJECT MANAGER:DATE:SHEET:P.O. BOX 2553STAMP:Sioux Falls, SD 57101 | P: 605.692.4008REVISIONS:FULL-SCALE: 24x36HALF-SCALE: 12x18DRAWING MAY NOT BE PRINTED TO SCALE434 5th Street, Suite 1Brookings, SD 57006 | P: 605.692.4008Architecture | Planning | Interiors7/8/2021 12:11:47 PMWALL & ASSEMBLY TYPEST1.3BROOKINGS, SDDA21_009EMILY LINEHAN06.25.2021STARBUCKSCOFFEE SHOPFOR BIDDING ANDCONSTRUCTION1 1/2" = 1'-0"WALL TYPES1" = 1'-0"ASSEMBLY TYPES12GEN. NOTES -WALL & ASSEMBLY TYPESA. INTERIOR PARTITIONS NOT PART OF TENANT SHELL.NO.DESCRIPTION:DATE: 6TH STREET121' - 2 11/16"202' - 0 1/2"SETBACK5' - 0"SETBACK5' - 0"PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEOUTDOOR SEATING AREATRASH ENCLOSUREMENU BOARD5' - 0"20' - 0"17' - 6"AC1.211022546722BUFFER YARD15' - 0"CONCRETELANDSCAPING ROCKPATIONORTH12SETBACK20' - 0"9' - 0"9' - 6"33SETBACK25' - 0"13131313S.S.9W9' - 0"18' - 0"R 19' - 6"PRE-MENU24' - 1"27' - 4 1/2"39' - 9"83' - 3"74' - 6 1/4"72' - 6"60' - 0"71' - 4"61' - 8"70' - 6"R 19' - 6"5' - 9 1/2"1114222DATE PRINTED:SHEET NAME:PROJECT NO.PROJECT MANAGER:DATE:SHEET:P.O. BOX 2553STAMP:Sioux Falls, SD 57101 | P: 605.692.4008REVISIONS:FULL-SCALE: 24x36HALF-SCALE: 12x18DRAWING MAY NOT BE PRINTED TO SCALE434 5th Street, Suite 1Brookings, SD 57006 | P: 605.692.4008Architecture | Planning | Interiors7/8/2021 12:11:21 PMARCHITECTURAL SITEPLANAC1.1BROOKINGS, SDDA21_009EMILY LINEHAN06.25.2021STARBUCKSCOFFEE SHOPFOR BIDDING ANDCONSTRUCTIONGENERAL NOTES -ARCH. SITE PLANA. IMPORTANT: ARCHITECTURAL SITE PLAN SHOWN FOR REFERENCE AND DESIGN INTENT ONLY, AND NOT TO BE USED FOR CONSTRUCTION. REFER TO CIVIL FOR ALL DIMENSIONING, SLOPING & GRADING, SPOT ELEVATIONS & ADDITIONAL REQUIREMENTS.B. CONTRACTOR TO VERIFY ALL EXISTING SITE CONDITIONS PRIOR TO SITE PREP. REPORT ANY DISCREPANCIES TO ARCHITECT AND CIVIL ENGINEER IMMEDIATELY.C. CONTRACTOR TO VERIFY ANY CRITICAL DIMENSIONS WITH REGARDS TO EXISTING CONSTRUCTION, IF ANY.KEYNOTES -ARCH. SITE PLAN1. DESIGNATED ADA PARKING STALL LOCATION, SEE CIVIL FOR STRIPING AND SIGNAGE REQUIREMENTS.2. BOLLARD, SEE TYPICAL DETAIL 6/AC1.2.3. SITE LIGHTING (SEE CIVIL).4. ACCESSIBLE CURB CUT, SEE CIVIL FOR REQUIREMENTS.5. DUMPSTER ENCLOSURE W/ MIN. 6'H SCREENING FENCE (DUMPSTER(S) BY OWNER). STEEL POSTS EMBEDED INTO CONCRETE PIERS (G.C. TO COORDINATE EXACT INSTALLATION)6. GAS METER 7. ELEC. METER 8. WATER METER 9. DESIGNATED TRANSFORMER LOCATION10. SITE SIGNAGE BY OTHERS, SHOWN ON PLAN FOR GENERAL PLACEMENT ONLY.11. HOSE BIB12. BIKE PARKING13. 6' VINYL FENCE14. 3' SIDEWALK1/8" = 1'-0"1ARCHITECTURAL SITE PLAN2NO.DESCRIPTION:DATE:2Franchise Comments07/02/2021 18' - 0"AC1.24AC1.25AC1.23AC1.22225TYP.19' - 4"6' - 0"8' - 2"8' - 2"22S-1S-1510' - 4"6' - 0"2S-156' - 0"10' - 4"2S-156' - 0"19' - 4"S-154' - 0"4' - 0"4"FILL PIPE W/ CONC., PROVIDE ROUNDED TOP.6" DIA. STEEL PIPE, 'SAFETY YELLOW' PAINT FINISH.SEE PLAN FOR SLAB TO BE PROVIDED.POUR SLAB TIGHT TO BOLLARD & PROVIDE CONT. BEAD OF SEALANT @ TOP EDGE.SET POST IN CONC. AS SHOWN.1' - 4"DATE PRINTED:SHEET NAME:PROJECT NO.PROJECT MANAGER:DATE:SHEET:P.O. BOX 2553STAMP:Sioux Falls, SD 57101 | P: 605.692.4008REVISIONS:FULL-SCALE: 24x36HALF-SCALE: 12x18DRAWING MAY NOT BE PRINTED TO SCALE434 5th Street, Suite 1Brookings, SD 57006 | P: 605.692.4008Architecture | Planning | Interiors7/8/2021 12:11:22 PMTRASH ENCLOSUREDETAILSAC1.2BROOKINGS, SDDA21_009EMILY LINEHAN06.25.2021STARBUCKSCOFFEE SHOPFOR BIDDING ANDCONSTRUCTION1/2" = 1'-0"1TRASH ENCLOSURE PLAN3/8" = 1'-0"2TRASH ENCLOSURE - NORTH3/8" = 1'-0"3TRASH ENCLOSURE - EAST3/8" = 1'-0"4TRASH ENCLOSURE - WEST3/8" = 1'-0"5TRASH ENCLOSURE - SOUTHNORTH1/2" = 1'-0"6PIPE-BOLLARD DETAILGENERAL NOTES -ARCH. SITE PLANA. IMPORTANT: ARCHITECTURAL SITE PLAN SHOWN FOR REFERENCE AND DESIGN INTENT ONLY, AND NOT TO BE USED FOR CONSTRUCTION. REFER TO CIVIL FOR ALL DIMENSIONING, SLOPING & GRADING, SPOT ELEVATIONS & ADDITIONAL REQUIREMENTS.B. CONTRACTOR TO VERIFY ALL EXISTING SITE CONDITIONS PRIOR TO SITE PREP. REPORT ANY DISCREPANCIES TO ARCHITECT AND CIVIL ENGINEER IMMEDIATELY.C. CONTRACTOR TO VERIFY ANY CRITICAL DIMENSIONS WITH REGARDS TO EXISTING CONSTRUCTION, IF ANY.KEYNOTES -ARCH. SITE PLAN1. DESIGNATED ADA PARKING STALL LOCATION, SEE CIVIL FOR STRIPING AND SIGNAGE REQUIREMENTS.2. BOLLARD, SEE TYPICAL DETAIL 6/AC1.2.3. SITE LIGHTING (SEE CIVIL).4. ACCESSIBLE CURB CUT, SEE CIVIL FOR REQUIREMENTS.5. DUMPSTER ENCLOSURE W/ MIN. 6'H SCREENING FENCE (DUMPSTER(S) BY OWNER). STEEL POSTS EMBEDED INTO CONCRETE PIERS (G.C. TO COORDINATE EXACT INSTALLATION)6. GAS METER 7. ELEC. METER 8. WATER METER 9. DESIGNATED TRANSFORMER LOCATION10. SITE SIGNAGE BY OTHERS, SHOWN ON PLAN FOR GENERAL PLACEMENT ONLY.11. HOSE BIB12. BIKE PARKING13. 6' VINYL FENCE14. 3' SIDEWALKNO.DESCRIPTION:DATE: FLOOR PLAN LEGEND:INDICATES ACCESSIBLE ROOMINDICATES HEARING IMPAIRED ROOM, SEE ELECTRICAL.WALL TYPE, SEE SHEET T1.3.WINDOW / STOREFRONT TYPE, SEE SHEET A7.1.DOOR #, SEE SHEET A7.1.DOOR APPROACH FOR ADA CLEARANCESW31iSHEAR WALL, SEE STRUCT.FDFSDSFLOOR DRAIN, SEE MECH.FLOOR SINK, SEE MECH.DOWNSPOUTNOTE: NOT ALL DESIGNATIONS WILL APPEAR.ELECTRICAL STUB UPFLOOR BOX RECEPTACLEPLUMBING STUB UPFDFDFDFDFDFDFDCOCOCOCOCOFSFS2A5.12A5.11A5.11A5.1S6S2S4S3S1S1S2D1FSFS5 1/2"10' - 9 1/2"5 1/2"66' - 3 3/4"2' - 6"9' - 9"1' - 8"6"7' - 6"16' - 5 1/4"38' - 4 1/4"5"1' - 8"3' - 1 1/2"3' - 8 1/2"3' - 6 7/8"7' - 7 5/8"46' - 2 1/4"DS7 3/4"12' - 0"7 3/4"S5S5FS21443W1W22' - 3 1/2"10' - 0"2' - 3 1/2"10' - 0"1' - 6"9"12' - 0"9"1' - 6"7' - 6"12' - 6 1/4"10' - 6"3' - 3"4' - 3"12' - 2"5DSDSDSDSDS2' - 0"5' - 2 1/2"21' - 6 1/4"13' - 6"26' - 1"5' - 2 1/2"61' - 1 1/4"38' - 4 1/4"11' - 1 3/4"11' - 8 1/2"15' - 6"3 1/2"4' - 4"4 1/2"3 1/2"4' - 4"4 1/2"5' - 6"5' - 6"11' - 9"5' - 9"15' - 0"13' - 2"11' - 9"23' - 5"25' - 2"12' - 0"29' - 5"6' - 6"24' - 3"6' - 9"16' - 8"4' - 0"14' - 2"4' - 9"4' - 0"13' - 9"13' - 2"1' - 6"2' - 8"7' - 11"9' - 3"7' - 1"2' - 8"4' - 11"4' - 11"15' - 10"D2D2D229' - 0"FS1' - 2"1' - 2"1' - 2"8' - 0"8' - 0"4' - 0"66666668' - 0"8' - 0"13' - 7"13' - 7"738910101111111111111119' - 10"15' - 11"15' - 3"14' - 4"15' - 2"18' - 3"13111211S7S87' - 0"8' - 0"6"1' - 6"8' - 0"1' - 7 3/4"122222221DATE PRINTED:SHEET NAME:PROJECT NO.PROJECT MANAGER:DATE:SHEET:P.O. BOX 2553STAMP:Sioux Falls, SD 57101 | P: 605.692.4008REVISIONS:FULL-SCALE: 24x36HALF-SCALE: 12x18DRAWING MAY NOT BE PRINTED TO SCALE434 5th Street, Suite 1Brookings, SD 57006 | P: 605.692.4008Architecture | Planning | Interiors7/8/2021 12:10:39 PMFIRST FLOOR PLANA1.1BROOKINGS, SDDA21_009EMILY LINEHAN06.25.2021STARBUCKSCOFFEE SHOPFOR BIDDING ANDCONSTRUCTIONGENERAL NOTES -FLOOR PLANSA. ALL DIMENSIONS FROM FACE OF STUD UNLESS CLEARLY NOTED OTHERWISE.B. FLOOR FINISH TRANSITIONS TO BE 1/4" MAX. BETWEEN FINISH HEIGHTS.C. SEE SHEET A7.1 FOR DOOR/WINDOW/FRAME ELEVATIONS, DOOR SCHEDULE AND WINDOW SCHEDULE.D. MOVABLE FURNITURE SHOWN AS REFERENCE ONLY (NOT IN CONTRACT).KEYNOTES -FLOOR PLANS1. PREFIN. ACCESS LADDER W/ FULL CAGE AND SECURITY LOCK.2. GAS METER3. ELECTRIC METER AND CT CABINET LOCATION4. BOLLARD, SEE TYPICAL DETAIL 6/AC1.2.5. HOSE BIB6. IN-FLOOR ELECTRICAL PENETRATIONS, G.C. TO COORDINATE FINAL LOCATIONS W/ INTERIOR BUILD-OUT FURNITURE LAYOUT7. DATA ENTRY PORT8. FUTURE ELECTRICAL PANEL LOCATION IN BUILD-OUT PACKAGE9. PLUMBING STUB-UP: LOCATE PLUMBING STUB-UPS PER MEP STANDARDS AT ESPRESSO BAR, WITHIN DEAD SPACE BETWEEN DIEWALL AND REAR OF CABINET10. ROUGH-IN FOR TOILET11. AREA OF CONCRETE POUR BACK: G.C. TO COORDINATE TRENCHING WITH SPECIFIC TRADES AND SITE CONDITIONS TO DETERMINE ACTUAL LAYOUT12. PROPOSED GREASE TRAP LOCATION, WHEN REQUIRED. GREASE TRAP LINE TO BE LOCATED MIN. 27" BELOW FLOOR13. SERVICE SINK PLUMBING STUB1/4" = 1'-0"1FINISH FLOOR 1NORTHNO.DESCRIPTION:DATE:1DRT06/30/20212Franchise Comments07/02/2021 ROOF PLAN LEGEND:DOWNSPOUTROOF DRAIN, SEE MECH.OVERFLOW ROOF DRAIN, SEE MECH.DSRDORDORSOVERFLOW ROOF SCUPPER, SEE DETAIL.NOTE: NOT ALL DESIGNATIONS WILL APPEAR.STRUCTURAL SLOPE1/4" =1'-0"DSDSDSDSDS1114444223333DS7777STRUCTURAL SLOPE1/4" =1'-0"66666665988881/4" =1'-0"1/4" =1'-0"1/4" =1'-0"1/4" =1'-0"1/4" =1'-0"1/4" =1'-0"1010TYP.TYP.1111111111111111DATE PRINTED:SHEET NAME:PROJECT NO.PROJECT MANAGER:DATE:SHEET:P.O. BOX 2553STAMP:Sioux Falls, SD 57101 | P: 605.692.4008REVISIONS:FULL-SCALE: 24x36HALF-SCALE: 12x18DRAWING MAY NOT BE PRINTED TO SCALE434 5th Street, Suite 1Brookings, SD 57006 | P: 605.692.4008Architecture | Planning | Interiors7/8/2021 12:10:40 PMROOF PLANA3.1BROOKINGS, SDDA21_009EMILY LINEHAN06.25.2021STARBUCKSCOFFEE SHOPFOR BIDDING ANDCONSTRUCTIONKEYNOTES -ROOF PLAN1. MECHANICAL ROOF TOP UNITS. G.C. TO COORDINATE SIZE AND CURB DETAIL2. THRU WALL SCUPPER (1'-0"x0'-8") W/ PREFIN. DOWNSPOUT3. PREFIN. METAL COPING4. PROVIDE ELECTRICAL FOR EXTERIOR SIGNAGE AS REQ'D. COORDINATE WITH SIGNAGE VENDOR / MANUFACTURER FOR CONNECTION AND POWER REQUIREMENTS. E.C. SHALL PROVIDE DISCONNECT SWITCH IF NOT PROVIDED WITH SIGN PER CODE.5. PREFIN. ACCESS LADDER6. ROOF CRICKET INSULATION @ 1/8" PER FOOT SLOPE, SLOPE TO DRAIN IN PATTERN SHOWN.7. PREMANUFACTURED METAL CANOPY/AWNING SYSTEM W/ INTEGRAL DRAINS TO DOWNSPOUT LOCATIONS INDICATED.8. PROVIDE WALKING PADS 3' AROUND MECHANICAL EQUIPMENT AND CONNECT WITH LADDER LOCATIONS WITH 3' WIDE WALKING PAD PATHS.9. FABRIC AWNING10. CANOPY LIGHT, OWNER TO CONFIRM LOCATIONS11. DOWNLIGHT WALLPACK, OWNER TO CONFIRM LOCATIONS1/4" = 1'-0"1ROOF PLANNORTHNO.DESCRIPTION:DATE: FINISH FLOOR 1100' -0"T.O. STOREFRONT110' -0"T.O. TRUSS BRG114' -0"T.O. FOOTING96' -0"T.O. PARAPET118' -0"44S2S6S1 S11133557S-1EIFS-1BRK-1BRK-1S-1BRK-1S-1EIFS-1BRK-1881010121212BRK-2BRK-2BRK-2171717FINISH FLOOR 1100' -0"T.O. STOREFRONT110' -0"T.O. TRUSS BRG114' -0"T.O. FOOTING96' -0"T.O. PARAPET118' -0"W1413311' - 0"3' - 0"4' - 11 1/2"556EIFS-1S-1EIFS-1S-1BRK-1BRK-1BRK-18101012121314151616BRK-2BRK-21717111FINISH FLOOR 1100' -0"T.O. STOREFRONT110' -0"T.O. TRUSS BRG114' -0"T.O. FOOTING96' -0"T.O. PARAPET118' -0"10342211W23355678EIFS-1BRK-1EIFS-1S-1BRK-11110101012121314151616BRK-2BRK-2BRK-21717171FINISH FLOOR 1100' -0"T.O. STOREFRONT110' -0"T.O. TRUSS BRG114' -0"T.O. FOOTING96' -0"T.O. PARAPET118' -0"4S3 S4135678EIFS-1BRK-1BRK-1S-1S-1EIFS-19101012131416BRK-2BRK-217DATE PRINTED:SHEET NAME:PROJECT NO.PROJECT MANAGER:DATE:SHEET:P.O. BOX 2553STAMP:Sioux Falls, SD 57101 | P: 605.692.4008REVISIONS:FULL-SCALE: 24x36HALF-SCALE: 12x18DRAWING MAY NOT BE PRINTED TO SCALE434 5th Street, Suite 1Brookings, SD 57006 | P: 605.692.4008Architecture | Planning | Interiors7/8/2021 12:11:00 PMBUILDING ELEVATIONSA4.1BROOKINGS, SDDA21_009EMILY LINEHAN06.25.2021STARBUCKSCOFFEE SHOPFOR BIDDING ANDCONSTRUCTIONGENERAL NOTES -BUILDING ELEVATIONSA. EXTERIOR LIGHTING INDICATED FOR PLACEMENT ONLY. SEE ELEC. FOR LIGHTING SPECIFICATIONS.B. SEE SPECIFICATIONS FOR FULL REQUIREMENTS FOR EXTERIOR BUILDING MATERIALS. MATERIALS INDICATED GENERICALLY ON PLANS FOR CLARITY.KEYNOTES -BUILDING ELEVATIONS1. MECHANICAL ROOF TOP UNITS. G.C. TO COORDINATE SIZE AND CURB DETAIL2. THRU WALL SCUPPER W/ PREFIN. DOWNSPOUT3. PREFIN. METAL COPING4. PROVIDE TIGHTING / ELECTRICAL FOR EXTERIOR SIGNAGE AS REQ'D.5. STEEL STRUCTURE CANOPY (MATCH ROOF PLAN FOR CANOPY)6. FABRIC AWNING7. HOSE BIB8. ROWLOCK BRICK SILL9. OUTDOOR SPEAKER10. EIFS 3/4" V-GROOVE CONTROL JOINT11. EIFS 3/4" EXPANSION JOINT12. INTERNAL DOWNSPOUT FROM METAL CANOPY ABOVE13. PREFIN. ACCESS LADDER W/ FULL CAGE AND SECURITY LOCK.14. GAS METER15. ELECTRIC METER 16. BOLLARD, SEE TYPICAL DETAIL 6/AC1.2.17. DOWNLIGHT WALLPACK, OWNER TO CONFIRM LOCATIONS1/4" = 1'-0"1BUILDING ELEVATION - WEST1/4" = 1'-0"2BUILDING ELEVATION - NORTH1/4" = 1'-0"4BUILDING ELEVATION - EAST1/4" = 1'-0"3BUILDING ELEVATION - SOUTHEXTERIOR PRODUCTS LEGEND:ROOFING:EPDM MEMBRANE ROOFING (EPDM):60-mil. EPDM membrane with EPS insulation and 1/2" Cover Board, fully adhered, black product.WALLS:NICHIHA -OR -EIFS (EIFS-1):EIFS, Dryvit Systems Inc., 617 Winter's Eve, Fine TextureNICHIHA -OR -BRICK (BRK-1):Brick, Hebron, Ironspots, Onyx.NICHIHA -OR -BRICK (BRK-2):Rowlock Brick, Hebron, Ironspots, Onyx.NICHIHA -OR -SIDING (S-1):Architectural Wall Panels, NICHIHA, Vintagewood, Bark. -OR -LP Smart siding with color to match.RAILING:STEEL RAILING:Galvanized Tube Steel Painted Black with horizontal cable wires, 42"H all instances. Provide vertical supports as required to withstand 150 psi of outward force.WINDOWS & DOORS:ALUMINUM WINDOWS:CMI Architectural: 450TB -CG 2 x 4-1/2, Powder Coat finish: Dark Bronze.Operable Sashes: Provide with same finish in sizes indicated. ALUMINUM STOREFRONTS:CMI Architectural: 450TB -CG 2 x 4-1/2, Powder Coat finish: Dark Bronze.Operable Sashes: Provide with same finish in sizes indicated.NO.DESCRIPTION:DATE:1DRT06/30/20212Franchise Comments07/02/20212 FINISH FLOOR 1100' -0"T.O. STOREFRONT110' -0"T.O. TRUSS BRG114' -0"T.O. FOOTING96' -0"T.O. PARAPET118' -0"A5.21BAE1E2E1E211A5.24A5.27A5.27A5.28A5.242FINISH FLOOR 1100' -0"T.O. STOREFRONT110' -0"T.O. TRUSS BRG114' -0"T.O. FOOTING96' -0"T.O. PARAPET118' -0"A5.22E3E2E1BA1A5.24A5.24A5.27A5.232VARIESPIPE HANGERLUMISHADE CANOPY8"VARIESPROVIDE WOOD BLOCKING AS REQUIREDEIFSALUM. STOREFRONT WINDOWMTL. FLASHING1/4" RODSTOCK & SEALANT1/4" RODSTOCK & SEALANTMTL. FLASHINGE4DATE PRINTED:SHEET NAME:PROJECT NO.PROJECT MANAGER:DATE:SHEET:P.O. BOX 2553STAMP:Sioux Falls, SD 57101 | P: 605.692.4008REVISIONS:FULL-SCALE: 24x36HALF-SCALE: 12x18DRAWING MAY NOT BE PRINTED TO SCALE434 5th Street, Suite 1Brookings, SD 57006 | P: 605.692.4008Architecture | Planning | Interiors7/8/2021 12:11:02 PMBUILDING SECTIONSA5.1BROOKINGS, SDDA21_009EMILY LINEHAN06.25.2021STARBUCKSCOFFEE SHOPFOR BIDDING ANDCONSTRUCTIONKEYNOTES -SECTIONS1. PROVIDE R-10 INSULATION ON INTERIOR OF CONC. STEM WALL FROM T.O. FTG. TO TOP OF STEM WALL. PROVIDE R-10 RIGID INSULATION BELOW CONC. FLOOR SLAB FOR FIRST 48" BEYOND INTERIOR OF CONC. STEM WALL AS SHOWN.2. 2X WD. FIRE BLOCKING REQ'D @ 10'-0" A.F.F., ALL WALL CAVITIES1/4" = 1'-0"1BUILDING SECTION - EW1/4" = 1'-0"2BUILDING SECTION - NS1 1/2" = 1'-0"3CANOPY DETAILNO.DESCRIPTION:DATE: FINISH FLOOR 1100' -0"T.O. TRUSS BRG114' -0"T.O. PARAPET118' -0"19' - 4"MAX.1' - 0"6"6"17' - 0"EXTEND FLASHING OVER AIR CURTAINREADY ACCESS AIR CURTAIN WITH HEATER; MODEL: AA300208V/1PH/32 (INCLUDED AS PART OF DT WINDOW PACKAGE)DRIVE-THRU SHELF PROVIDED BY DRIVE-THRU WINDOW PROVIDERDRIVE-THRU SHELF SUPPORT1/2" SEALANT & BACKER ROD JOINTWINDOW SYSTEM AT DRIVE-THRUCONT. GALV. METAL FLASHING SET IN CONT. BED OF SEALANTSTAINLESS STEEL SILL WITH HEMMED EDGESSEALANT & BACKER RODPROVIDE IN WALL BLOCKING AS REQ'D FOR DT SHELF INSTALLATION FOLLOW MANUFACTURER RECOMMENDATIONALUM. STOREFRONTMTL. FLSHG. OVER CONT. BEAD OF SEALANTCONT. BEAD OF CAULK6"6"8"VAPOR BARRIERBRICK MASONRY1-3/8" AIR SPACEINFILTRATION BARRIEREXTERIOR SHEATHING, HOLD OFF CONC. 1/2"THROUGH-WALL FLASHING (TUCK UNDER BUILDING WRAP)FINISH FLOOR1" RIGID INSULATIONWEEP HOLES @ 24" O.C.GRADEGROUT FILL CAVITY DRAINAGE "MORTAR NET"2" RIGID INSUL. DOWN TO FOOTING, TYP.CONT. POLYVAPOR BARRIER2" RIGID INUL. AROUND ENTIRE PERIMETER4" CONCRETE SLAB, SEE STRUCT.1/2" EXPANSION MAT'L.2x6 TREATED SILL PLATE ON CONT. SILL SEALER GASKETBRICK SILL, MIN. 15 DEG.THROUGH-WALL FLASHINGPREFIN. MTL. PARAPET CAP FLASHING& COUNTER FLASHING2X TREATED WD. BLKGLAP EPDM COUNTER FLASHINGMEMBRANE OVER 2X WD. BLKG&FASTEN PER MANUF. REQ.1/4" RODSTOCK & SEALANT BETW.BLKG. & EIFS.CONT. BEAD OF SEALANT BOTH SIDES BELOW CAP DRIP EDGE,MATCH FLASHING COLOREIFS WALL FINISH, FINISH & THICKNESS VARIES, SEE ELEVATIONS. SLOPE6"6"8"VAPOR BARRIERBRICK TIES AT A MAX. OF 24" HORIZONTALLY & 18" VERTICALLYBRICK MASONRY1-3/8" AIR SPACEINFILTRATION BARRIEREXTERIOR SHEATHING, HOLD OFF CONC. 1/2"THROUGH-WALL FLASHING (TUCK UNDER BUILDING WRAP)FINISH FLOOR1" RIGID INSULATIONWEEP HOLES @ 24" O.C.GRADEGROUT FILL CAVITY DRAINAGE "MORTAR NET"2" RIGID INSUL. DOWN TO FOOTING, TYP.CONT. POLYVAPOR BARRIER2" RIGID INUL. AROUND ENTIRE PERIMETER4" CONCRETE SLAB, SEE STRUCT.1/2" EXPANSION MAT'L.6"2x6 TREATED SILL PLATE ON CONT. SILL SEALER GASKETCONT. INFILTRATION BARRIERWEEPHOLES @ 24" O.C.RODSTOCK & SEALANT, MATCH EIFS COLOR, PROVIDE WEEP VENTS PER MANUF. RECOMMENDATIONS1" RIGID INSULATION1-3/8" AIR SPACEPREFINISHINED METAL FLASHING, EXTEND UP WALL MIN. 8"BRICK SILL, MIN. 15 DEG.BRICK MASONRYFLASHING TAPEEIFS AQUAFLASH SYSTEM15°1"THROUGH-WALL FLASHINGCONT. INFILTRATION BARRIERWEEPHOLES @ 24" O.C.1" RIGID INSULATION1-3/8" AIR SPACEPREFINISHINED METAL FLASHING, EXTEND UP WALL MIN. 8"BRICK SILL, MIN. 15 DEG.BRICK MASONRYFLASHING TAPENICHIHA BOARD OR LP SMART SIDING15°1"THROUGH-WALL FLASHINGEPDM ROOF SYSTEM 2 PIECES PRE-FINISHED METAL SCUPPER (SEALALL JOINT) 8" x 8" OPNGBONDING ADHESIVEPRE-FINISHED METALBULKHEAD (10" WIDE) & OPEN FACE DOWNSPOUTCONT. SEALANT1 1/2" EIFSPREFIN. MTL. PARAPET CAP FLASHING& COUNTER FLASHING2X TREATED WD. BLKGLAP EPDM COUNTER FLASHINGMEMBRANE OVER 2X WD. BLKG&FASTEN PER MANUF. REQ.1/4' RODSTOCK & SEALANT BETW.BLKG. & SIDING.CONT. BEAD OF SEALANT BOTH SIDES BELOW CAP DRIP EDGE,MATCH FLASHING COLORSLOPEDATE PRINTED:SHEET NAME:PROJECT NO.PROJECT MANAGER:DATE:SHEET:P.O. BOX 2553STAMP:Sioux Falls, SD 57101 | P: 605.692.4008REVISIONS:FULL-SCALE: 24x36HALF-SCALE: 12x18DRAWING MAY NOT BE PRINTED TO SCALE434 5th Street, Suite 1Brookings, SD 57006 | P: 605.692.4008Architecture | Planning | Interiors7/8/2021 12:11:03 PMDETAILSA5.2BROOKINGS, SDDA21_009EMILY LINEHAN06.25.2021STARBUCKSCOFFEE SHOPFOR BIDDING ANDCONSTRUCTION1/2" = 1'-0"1ROOF ACCESS LADDER1" = 1'-0"2PASS THRU WINDOW1 1/2" = 1'-0"3FOUNDATION @ LOW STOREFRONT1 1/2" = 1'-0"4PARAPET DETAIL @ EIFS1 1/2" = 1'-0"7TYP. FOUNDATION @ BRICK3" = 1'-0"8EIFS TO BRICK TRANSITION3" = 1'-0"9NICHIHA TO BRICK TRANSITION1 1/2" = 1'-0"6SCUPPER DETAIL1 1/2" = 1'-0"5PARAPET DETAIL @ SIDINGNO.DESCRIPTION:DATE: SEE SCHEDULES.S.D1: SINGLE-FLUSHFLOOR LINED2SEE SCHEDULES.S.SEE SCHEDULESEE SCHEDULE2"2"S.S.2"F1 FLOOR LINES1S2S4S3FLOOR LINE(T)(T)(T)(T)(T)(T)(T)(T)(T)2"3' - 11"2"3' - 11"2"3' - 0"2"2"3' - 6"2"3' - 6"2"7' - 6"11' - 6"6"2"1' - 2 3/4"2"5' - 1 1/4"2"2' - 6"2"10' - 0"6"2"1' - 3"2"5' - 1"2"2' - 6"2"10' - 0"(T)(T)(T)S5S62' - 6"7' - 6"10' - 0"10' - 0"2"2' - 10"2"3' - 8"2"2' - 10"2"2"2' - 6"2"7' - 0"2"10' - 0"4' - 4"2"1' - 11"2"1' - 11"2"2' - 6"7' - 6"10' - 0"2"2' - 6"2"4' - 6"2"7' - 6"2"3' - 6"2"3' - 6"2"(T)(T)(T)(T)2"2' - 6"2"4' - 6"2"(T)(T)(T)(T)2"7' - 0"2"2' - 6"2"2"2' - 7"2"3' - 0"2"2' - 9 1/2"2"2' - 9 1/2"2"10' - 0"12' - 0"D2D2S72"4' - 6"2"2' - 0"2"3' - 0"7' - 0"10' - 0"2"2' - 5"2"2' - 6"2"2' - 5"2"8' - 0"S82"4' - 6"2"2' - 0"2"3' - 0"7' - 0"10' - 0"2"2' - 5"2"2' - 6"2"2' - 5"2"8' - 0"BLACK OUT TINTED WINDOW FILM(T)(T)(T)FLOOR LINEW1READY ACCESS AIR CURTAIN WITH HEATER; MODEL: AA300, 208V/1PH/32 (INCLUDED AS PART OF DT WINDOW PACKAGE)2"2' - 9"2"3' - 11 1/2"2"2' - 9"2"3' - 0"4' - 11 1/2"3' - 0"3' - 6 1/4"1' - 5 1/4"W23' - 0"4' - 11 1/2"2"1' - 4"2"1' - 8"2"4' - 7 1/2"2"10' - 1 1/2"7' - 11 1/2"W3 REMOVED IN ITS ENTIRETYDATE PRINTED:SHEET NAME:PROJECT NO.PROJECT MANAGER:DATE:SHEET:P.O. BOX 2553STAMP:Sioux Falls, SD 57101 | P: 605.692.4008REVISIONS:FULL-SCALE: 24x36HALF-SCALE: 12x18DRAWING MAY NOT BE PRINTED TO SCALE434 5th Street, Suite 1Brookings, SD 57006 | P: 605.692.4008Architecture | Planning | Interiors7/8/2021 12:11:04 PMSCHEDULES & DOORELEVATIONSA7.1BROOKINGS, SDDA21_009EMILY LINEHAN06.25.2021STARBUCKSCOFFEE SHOPFOR BIDDING ANDCONSTRUCTION1/4" = 1'-0"DOOR ELEVATIONS1/4" = 1'-0"FRAME ELEVATIONSDOOR SCHEDULEMARK ROOMPANEL FRAMEFIRERATINGCOMMENTSTYPE WIDTH HEIGHT MAT FIN TYPE MAT FINFINISH FLOOR 1100 D2 3' - 0" 7' - 0" ALUM FF F1 ALUM FF - - -101 D2 3' - 0" 7' - 0" ALUM FF F1 ALUM FF - - -102 D2 3' - 0" 7' - 0" ALUM FF F1 ALUM FF - - -103 D1 3' - 6" 7' - 0" HM PNT F1 HM PNT - - -1/4" = 1'-0"STOREFRONT ELEVATIONS1/4" = 1'-0"WINDOW ELEVATIONSGEN. NOTES -WINDOW & DOOR SCHEDULESA. ALL OPAQUE EXTERIOR MAN-DOORS ARE TO HAVE U-0.700 MAX. ASSEMBLY RATING.B. ALL OPAQUE EXTERIOR NON-SWINGING DOORS (OVHD, ETC.) ARE TO HAVE U-0.500 MAX. ASSEMBLY RATING.C. ALLL ALUMINUM WINDOWS TO HAVE U-0.55 MAX. AND SHGC-0.40 MAX. ASSEMBLY RATINGS.D. ALL ALUMINUM ENTRANCE DOORS TO HAVE U-0.80 MAX. AND SHGC-0.40 MAX. ASSEMBLY RATINGS.E. ALL ALUMINUM CURTAINWALL/STOREFRONT GLAZING TO HAVE U-0.45 MAX. AND SHGC-0.40 MAX. ASSEMBLY RATINGS.F. SEE WORK ORDER LETTER FOR DOOR HARDWARE SCHEDULE.1234VESTIBULEVESTIBULESEATING AREAKITCHENNO.DESCRIPTION:DATE:1DRT06/30/202111 ADA COMPLIANT THRESHOLD, SET IN BED OF SEALANT AND ANCHOR PER MANUF. STD.1/2" EXPANSION JOINT. COORDINATE LOCATION OF EXPANSION JOINT TO BE BELOW THRESHOLDALUM./HM DOOR, (SEE DOOR SCHEDULE)SLOPE 1/4" / FT2" RIGID INSULATIONCONT. POLY VAPOR BARRIERENGINEERED FILL, (SEE STRUCTURAL)FOUNDATION,(SEE STRUCTURAL)CONC. STOOP (SEE STRUCTURAL)SILLJAMBSEALANT, CONT. AT PERIMETERBRICK VENEERCLOSED CELL BACKER ROD AND SEALANT, CONT.STUD ANCHOR AS REQ'DHOLLOW METAL FRAME, DOOR AS SCHEDULED. VERIFY THROAT DEPTH.PROVIDE 5/8" GYPSUM BD. UP TO EDGE OF FRAMING FOR HM FRAME & SEALANT INSTALLBRICK JAMB TO FILL VOID.FLEXIBLE SELF-ADHESIVE FLASHING, WRAP OVER INFILT. BARRIER @ JAMB, TYP.CONT. INFILTRATION BARRIERPOLYVAPOR BARRIERHEADJAMBHOLLOW METAL FRAME, DOOR AS SCHEDULED. VERIFY THROAT DEPTH.SEALANT, CONT. AT PERIMETER.REF. STRUCTURAL FOR HEADER SIZEEXTERIOR INSULATION FINISH SYSTEME.I.F.S. AQUAFLASH SYSTEMDRAINAGE STRIPWRAP MESH 2" MIN. AT BACKSIDE OF INSULATIONFLASHING WITH SEALANT, CONT.CLOSED CELL BACKER ROD AND SEALANT, CONT. WITH WEEP TUBES AT" O.C. EXTERIOR INSULATION FINISH SYSTEMWRAP MESH 2" MIN. AT BACKSIDE OF INSULATIONCOLOR INSULATION AT SEALANT JOINTCLOSED CELL BACKER ROD AND SEALANT, CONT.STUD ANCHOR AS REQ'DHOLLOW METAL FRAME, DOOR AS SCHEDULED. VERIFY THROAT DEPTHPROVIDE 5/8" GYPSUM BD. UP TO EDGE OF FRAMING FOR HM FRAME & SEALANT INSTALLPROVIDE 5/8" GYPSUM BD. UP TO EDGE OF FRAMING FOR HM FRAME & SEALANT INSTALLSEALANT, CONT. AT PERIMETERPOLYVAPOR BARRIERPOLYVAPOR BARRIERDATE PRINTED:SHEET NAME:PROJECT NO.PROJECT MANAGER:DATE:SHEET:P.O. BOX 2553STAMP:Sioux Falls, SD 57101 | P: 605.692.4008REVISIONS:FULL-SCALE: 24x36HALF-SCALE: 12x18DRAWING MAY NOT BE PRINTED TO SCALE434 5th Street, Suite 1Brookings, SD 57006 | P: 605.692.4008Architecture | Planning | Interiors7/8/2021 12:11:05 PMDOOR DETAILSA7.2BROOKINGS, SDDA21_009EMILY LINEHAN06.25.2021STARBUCKSCOFFEE SHOPFOR BIDDING ANDCONSTRUCTION3" = 1'-0"1ALUM. DOOR @ BRICK (HM DOOR SIM.)3" = 1'-0"2HM DOOR @ BRICK3" = 1'-0"3HM DOOR @ EIFSNO.DESCRIPTION:DATE: HEADJAMBSILL1/2"ALUMINUM FRAME, SEE SCHEDULE.1/4" SHIM1/4" BACKER ROD & SEALANT, MATCH FRAME COLOR.FLEXIBLE SELF ADHESIVE WINDOW FLASHING, WRAP OVER INFILT. BARRIER @ SILL.1/2"ALUMINUM FRAME, SEE SCHEDULE.1/4" SHIMFLEXIBLE SELF ADHESIVE WINDOW FLASHING, WRAP OVER INFILT. BARRIER @ JAMB.1/4" BACKER ROD & SEALANT, MATCH FRAME COLOR.NICHIHA PANELS, SEE ELEVATIONS.CONT. INFILTRATION BARRIER, WRAP OVER MTL. FLASHING.FLEXIBLE SELF ADHESIVE WINDOW FLASHINGCONT. MTL. FLASHING W/DRIP EDGE, EXTEND UP WALL MIN. OF 8".1/4" BACKER ROD & SEALANT W/ DRAINAGE OPENINGS, MATCH FRAME COLOR.CONT. BEAD OF SEALANT BELOW DRIP EDGEALUMINUM FRAME, SEE SCHEDULE.SEE STRUCTURALFOR HEADER SIZE, TYPE.1/4" SHIM1/2"NICHIHA PANELS, SEE ELEVATIONS.NICHIHA PANELS, SEE ELEVATIONS.POLYVAPOR BARRIERPOLYVAPOR BARRIERPOLYVAPOR BARRIERHEADJAMBSILL1"ALUMINUM FRAME, SEE SCHEDULE.1/4" SHIMFLEXIBLE SELF ADHESIVE WINDOW FLASHING, WRAP OVER INFILT. BARRIER @ SILL.1/4" BACKER ROD & SEALANT, MATCH FRAME COLOR.EIFS FINISHPROVIDE MIN. SLOPE @ ALL WATERTABLES AS SHOWNALUMINUM FRAME, SEE SCHEDULE.FLEXIBLE SELF ADHESIVE WINDOW FLASHINGCONT. MTL. FLASHING W/DRIP EDGE, EXTEND UP WALL MIN. OF 8".SEE STRUCTURALFOR HEADER SIZE, TYPE.CONT. INFILTRATION BARRIER, WRAP OVER MTL. FLASHING.EIFS FINISH1/4" BACKER ROD & SEALANT W/ DRAINAGE OPENINGS, MATCH FRAME COLOR.1/4" SHIMCONT. BEAD OF SEALANT BELOW DRIP EDGE1"1"ALUMINUM FRAME, SEE SCHEDULE.1/4" SHIMFLEXIBLE SELF ADHESIVE WINDOW FLASHING, WRAP OVER FELT UNDERLAYMENT @ JAMB.1/4" BACKER ROD & SEALANT, MATCH FRAME COLOR.EIFS FINISHPOLYVAPOR BARRIERPOLYVAPOR BARRIERPOLYVAPOR BARRIERJAMBSILLCONT. INFILTRATION BARRIERWEEPHOLES @ 24" O.C.EXTERIOR SHEATHING1" RIGID INSULATION1-3/8" AIR SPACEBRICK SILL, MIN. 15 DEG.BRICK MASONRY1"THROUGH-WALL FLASHINGMETAL FLASHING OVER CONT. BEAD OF SEALANTFLEXIBLE FLASHING TAPE, WRAP OVER INFILT. BARRIER @ SILL, TYP.6"15°1/2"ALUMINUM FRAME, SEE SCHEDULE.1/4" SHIMBRICK JAMB TO FILL VOID.FLEXIBLE SELF-ADHESIVE FLASHING, WRAP OVER INFILT. BARRIER @ JAMB, TYP.CONT. INFILTRATION BARRIER1/2"BRICK MASONRY FINISHALUMINUM FRAME, SEE SCHEDULE.1/4" SHIMPOLYVAPOR BARRIERPOLYVAPOR BARRIERDATE PRINTED:SHEET NAME:PROJECT NO.PROJECT MANAGER:DATE:SHEET:P.O. BOX 2553STAMP:Sioux Falls, SD 57101 | P: 605.692.4008REVISIONS:FULL-SCALE: 24x36HALF-SCALE: 12x18DRAWING MAY NOT BE PRINTED TO SCALE434 5th Street, Suite 1Brookings, SD 57006 | P: 605.692.4008Architecture | Planning | Interiors7/8/2021 12:11:05 PMWINDOW DETAILSA7.3BROOKINGS, SDDA21_009EMILY LINEHAN06.25.2021STARBUCKSCOFFEE SHOPFOR BIDDING ANDCONSTRUCTION3" = 1'-0"1ALUM. WINDOW/STOREFRONT @ NICHIHA PANELS3" = 1'-0"2ALUM. WINDOW/STOREFRONT @ EIFS3" = 1'-0"3ALUM. WINDOW/STOREFRONT @ BRICKNO.DESCRIPTION:DATE: 1402 & 1404 6th St. 74 ft 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 21-0325,Version:1 Public Hearing and Action on a Temporary Alcohol Application from Aramark Educational Services, LLC, to operate within the City of Brookings, South Dakota for an Awards Banquet to be held November 5, 2021 at the SDSU Alumni Center Woster Celebration Hall, 815 Medary Ave. Summary: Aramark Educational Services, LLC, has applied for a Temporary Alcohol License for an Awards Banquet to be held November 5, 2021 at the SDSU Alumni Center Woster Celebration Hall, 815 Medary Ave. All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. Recommendation: Staff recommends approval. Attachments: Memo Legal Notice City of Brookings Printed on 7/8/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: July 13, 2021 Subject: Temporary Alcohol Application: Aramark Educational Services, LLC Person(s) Presenting: Bonnie Foster, City Clerk Summary: Aramark Educational Services, LLC, has applied for a Temporary Alcohol License for an Awards Banquet to be held November 5, 2021 at the SDSU Alumni Center Woster Celebration Hall, 815 Medary Ave. Background: All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. Item Details: Aramark Educational Services, LLC, has applied for a Temporary Alcohol License for a CEE Student Awards Banquet to be held November 5, 2021 at the SDSU Alumni Center Woster Celebration Hall, 815 Medary Ave. Legal Consideration: City Attorney Steve Britzman has reviewed the application. Strategic Plan Consideration: Service and Innovation Excellence– performance mgmt., governance, operations, intergovernmental relations, policy review Financial Consideration: Resolution 15-066, Resolution establishing the License Fees for the Issuance of Special Alcoholic Beverage Licenses in the City of Brookings. Options: 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: Legal Notice 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, July 13, 2020, in the Brookings City & County Government Center, 520 Third Street, to consider a Temporary Alcohol License Application from Aramark Educational Services, LLC, to operate within the City of Brookings, South Dakota, for an Awards Banquet to be held November 5, 2021 at the SDSU Alumni Center Woster Celebration Hall, 815 Medary Ave. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 2nd 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 21-0313,Version:1 Public Hearing and Action on a request to transfer an On-Off Sale Malt License for the Swiftel Center from VenuWorks LLC Management to Global Spectrum, LP, aka Spectra, 824 32nd Avenue. Legal description: Blocks 4-5, Wiese Addition. Summary: The City of Brookings has received an application to transfer the On-Off Sale Malt License for the Swiftel Center from VenuWorks LLC Management to Global Spectrum, LP, aka Spectra. Legal description: Blocks 4-5, Wiese Addition. All required documents have been submitted for this application. Recommendation: Staff recommends approval. Attachments: Memo Legal Notice City Code and SDCL References Location Map City of Brookings Printed on 7/8/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: July 13, 2021 Subject: On-Off Sale Malt License Transfer Person(s) Responsible: Bonnie Foster, City Clerk Summary: The City of Brookings has received an application to transfer the On-Off Sale Malt License for the Swiftel Center from VenuWorks LLC Management to Global Spectrum, LP, aka Spectra. Legal description: Blocks 4-5, Wiese Addition. 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 2021, and would be subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and transfer of the license. This business does not have Video Lottery. Item Details: Global Spectrum, LP, aka Spectra, was awarded the venue management contract for the Swiftel Center, effective August 1st. The transfer of the On-Off Sale Malt License from VenuWorks to Global Spectrum, LP, aka Spectra, is necessary for a smooth transition. 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; 2) The manner in which the business is operated; 3) The extent to which minors are employed in such a place of business ; 4) Adequacy of the police facilities to properly police the proposed location; 5) Other factors: The hours that business is conducted. (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 ….. the transfer of an existing license shall submit an application to the governing body of the municipality in which the applicant intends to operate, ….. The applicant shall submit the required fee with the application. The governing body may approve ….. 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 ….. 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. Complete City Code and SDCL References are in the attached document. Legal Consideration: None Strategic Plan Consideration: None Financial Consideration: The On-Off Sale Malt License would be effective 2021. There is a $150 annual fee. 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 City Code and SDCL References Location Map NOTICE OF PUBLIC HEARING On-Off Sale Malt License and On-Off Sale Wine License Transfer Swiftel Center, Global Spectrum, LP, dba Spectra Management Services NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on July 13, 2021, 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 to transfer the On-Off Sale Malt License and the On-Off Sale Wine License for the Swiftel Center to Global Spectrum, LP, dba Spectra Management Services. Address: 824 32nd Avenue, Brookings, SD. Legal description: Blocks 4-5, Wiese 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 2nd day of July, 2021. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . Brookings City Code and SD Codified Law References: 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 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. SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees: “Any license under this title…must be a person of good moral character, never convicted of a felony, and, if a corporation, the managing officers thereof must have like qualifications.” Procedurally, SDCL 35-2-3 provides that “no license for the on or off -sale at retail of alcoholic beverages…shall be granted to an applicant for any such license, except after public hearing, upon notice.” SDCL 35-2-5 provides the procedure for the time and place of hearing and for publication of notice. If an application for a license is refused, “no further application may be received from a person until after the expiration of one year from the date of a refused application.” SDCL 42-7A-64 provides criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. “…An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section…” B rook ings County, SD Developed by Par cel ID 406720060000000 Sec/T wp/Rng -- Pr oper ty Address 824 32ND AVE BROOKINGS A lter nate ID n/a Cla ss G A cr eage n/a O w ner Addr ess BRO OKINGS C ITY 520 3RD ST STE 230/PO BOX 270 BRO OKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption WIESE ADDITION, BLK 4-5-6 TO INC ALL ADJ VAC ATED STREET 23.32 AC RES (Note: Not to be used on leg a l documents) Date created: 6/25/2021 Last Data Uploa ded: 6/25/2021 8:06:27 AM 845 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections 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 #:RES 21-039,Version:1 Public Hearing and Action on Resolution 21-039, a Resolution authorizing the City Manager to sign a Wine Operating Agreement for Global Spectrum, LP, dba Spectra Management Services at the Swiftel Center, 824 32nd Avenue. Legal description: Blocks 4-5, Wiese Addition. Summary: The City of Brookings enters into Wine Operating Agreements for a 10-year period with a renewal at five years. This Resolution would allow the City Manager to enter into a 10-year agreement, with a mid-term renewal held in five (5) years. Recommendation: Staff recommends approval. Attachments: Memo Resolution Operating Agreement Location Map Legal Notice City of Brookings Printed on 7/8/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: July 13, 2021 Subject: On-Off Sale Wine: Global Spectrum LP, aka Spectra Person(s) Presenting: Bonnie Foster, City Clerk Summary: The City of Brookings has received an application to transfer the On-Off Sale Wine License for the Swiftel Center, 824 32nd Avenue to Global Spectrum LP, aka Spectra. Legal description: Blocks 4-5, Wiese 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 2026. Background: A public hearing and action by the local governing body is required. This license would be effective until December 31, 2021 and then subject to 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: Global Spectrum, LP, aka Spectra, was awarded the venue management contract for the Swiftel Center, effective August 1st. The transfer of the On-Off Sale Wine License from VenuWorks to Global Spectrum, LP, aka Spectra, is necessary for a smooth transition. 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, 2021 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. Supporting Documentation: Resolution Operating Agreement Legal Notice Location Map Resolution 21-039 Wine Operating Agreement - new Global Spectrum, LP, aka Spectra 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 Global Spectrum, LP, aka Spectra, for the purpose of a manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 824 32nd Avenue, legal description: Blocks 4-5, Wiese 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. Passed and approved this 13th day of July, 2021. CITY OF BROOKINGS Oepke G. Niemeyer ATTEST: Bonnie Foster, City Clerk WINE OPERATING AGREEMENT - renewal Global Spectrum, LP, aka Spectra 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 Global Spectrum, LP, aka Spectra, 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 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 and 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 t he establishment. III. The on-sale establishment shall be located upon real estate in the City of Brookings, South Dakota, described as: Blocks 4-5, Wiese Addition. 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 reserves 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 alcoholic 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 in a timely manner 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 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 th e 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 13th day of July, 2021. 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 Transfer Swiftel Center, Global Spectrum, LP, dba Spectra Management Services NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on July 13, 2021, 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 to transfer the On-Off Sale Malt License and the On-Off Sale Wine License for the Swiftel Center to Global Spectrum, LP, dba Spectra Management Services. Address: 824 32nd Avenue, Brookings, SD. Legal description: Blocks 4-5, Wiese 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 2nd day of July, 2021. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . B rook ings County, SD Developed by Par cel ID 406720060000000 Sec/T wp/Rng -- Pr oper ty Address 824 32ND AVE BROOKINGS A lter nate ID n/a Cla ss G A cr eage n/a O w ner Addr ess BRO OKINGS C ITY 520 3RD ST STE 230/PO BOX 270 BRO OKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption WIESE ADDITION, BLK 4-5-6 TO INC ALL ADJ VAC ATED STREET 23.32 AC RES (Note: Not to be used on leg a l documents) Date created: 6/25/2021 Last Data Uploa ded: 6/25/2021 8:06:27 AM 845 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections 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 #:ID 21-0315,Version:1 Public Hearing and Action on a request for an On-Off Sale Malt License for the Mosaic Wine Bar, 225 Main Avenue. Legal description: North 57.5 feet of the East 155 feet, Temple Block Addition. Pending permit issuance and final inspection per the Community Development Dept. Summary: The City of Brookings has received an application for an On-Off Sale Malt License, for the Mosaic Wine Bar, Katelyn Britzman and Nathaniel Condelli, owners, 225 Main Avenue. Legal description: North 57.5 feet of the East 155 feet, Temple Block Addition. All required documents have been submitted for this application. Video Lottery is not requested at this time. Recommendation: Staff recommends approval. Attachments: Memo Legal Notice Location Map City of Brookings Printed on 7/8/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: July 13, 2021 Subject: On-Off Sale Malt License: Mosaic Wine Bar Person(s) Responsible: Bonnie Foster, City Clerk Summary: The City of Brookings has received an application for an On-Off Sale Malt License, for the Mosaic Wine Bar, 225 Main Avenue, Katelyn Britzman and Nathaniel Condelli, owners. Legal description: North 57.5 feet of the East 155 feet, Temple Block Addition. All required documents have been submitted for this application. Video Lottery is not requested at this time. Background: A public hearing and action by the local governing body is required to approve all alcohol licenses. This license would be effective 2021, and is subject to an annual renewal. If approved, and following the issuance of the Occupancy Permit by the Community Development Department, the application would be forwarded to the State Department of Revenue and for final action and issuance of the licenses, and would then be subject to annual renewal processes. Item Details: The City of Brookings, 225 Main Avenue, has received an application for an On-Off Sale Malt License, for the Mosaic Wine Bar, Katelyn Britzman and Nathaniel Condelli, owners. 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….shall submit an application to the governing body of the municipality 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…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…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. 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 Strategic Plan Consideration: None Financial Consideration: There is a $150 Annual On-Off Malt License renewal fee. 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 Location Map NOTICE OF PUBLIC HEARING On-Off Sale Wine and On-Off Sale Malt License – Mosaic Wine Bar, LLC NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on July 13, 2021, 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 an On-Off Sale Wine License and an On- Off Sale Malt License for Mosaic Wine Bar, LLC, Katelyn Britzman and Nathaniel Condelli, owners, 225 Main Avenue, Brookings, South Dakota, legal description: North 57.5 feet of the East 155 feet, Temple Block 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 2nd day of July, 2021. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . B rook ings County, SD Developed by Par cel ID 406050000000005 Sec/T wp/Rng -- Pr oper ty Address 225 MAIN AVE BROOKINGS Alter nate ID n/a Class B Acr eage n/a Ow ner Address BROOKINGS LODGE #24, AF & AM SEND TO : SPITZENBERGER, TERRY 1012 4TH ST BROOKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption TEMPL E BLO C K ADDN, N 57.5' O F E 155' O F TEMPLE BL O C K 0.1957 AC RE (Note: Not to be used on leg a l documents) Date created: 6/25/2021 Last Data Uploa ded: 6/25/2021 8:06:27 AM 106 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections 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 #:RES 21-055,Version:1 Public Hearing and Action on Resolution 21-055, a Resolution authorizing the City Manager to sign a Wine Operating Agreement for Mosaic Wine Bar, 225 Main Avenue. Legal description: North 57.5 feet of the East 155 feet of Temple Block Addition. Summary: The City of Brookings enters into Wine Operating Agreements for a 10-year period with a renewal at five years. This Resolution would allow the City Manager to enter into a 10-year agreement, with a mid-term renewal held in five (5) years. Recommendation: Staff recommends approval. Attachments: Memo Resolution Operating Agreement Location Map Legal Notice City of Brookings Printed on 7/8/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: July 13, 2021 Subject: Mosaic Wine Bar: On-Off Sale Wine Person(s) Presenting: Bonnie Foster, City Clerk Summary: The City of Brookings has received an application for an On -Off Sale Wine License for the Mosaic Wine Bar, LLC, 225 Main Avenue, Katelyn Britzman and Nathaniel Condelli, owners. Legal description: North 57.5 feet of the East 155’, Temple Block 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 2026. Background: A public hearing and action by the local governing body is required to approval all alcohol licenses. This license would be effective until December 31, 2021 and then subject to annual renewal. If approved, and following the issuance of the Occupancy Permit by the Community Development Department, the applicatio n would be forwarded to the State Department of Revenue for final action and issuance of the license, and would then be subject to annual renewal. Item Details: The City of Brookings has received an application for an On -Off Sale Malt License for the Mosaic Wine Bar, 225 Main Avenue, Katelyn Britzman and Nathaniel Condelli, owners. 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, 2021 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. Supporting Documentation: Resolution Operating Agreement Legal Notice Location Map Resolution 21-055 Wine Operating Agreement - new Mosaic Wine Bar, LLC 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 Mosaic Wine Bar, LLC, for the purpose of a manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 225 Main Avenue, legal description: North 57.5 feet of the East 155 feet, Temple Block 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. Passed and approved this 13th day of July, 2021. CITY OF BROOKINGS Oepke G. Niemeyer ATTEST: Bonnie Foster, City Clerk WINE OPERATING AGREEMENT - new Mosaic Wine Bar, LLC 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 Mosaic Wine Bar, LLC, 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 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 and 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 estate in the City of Brookings, South Dakota, described as: North 57.5 feet of the East 155’, Temple Block Addition. 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 reserves 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 alcoholic 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 in a timely manner 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 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 t he 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 13th day of July, 2021. 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 Wine and On-Off Sale Malt License – Mosaic Wine Bar, LLC NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on July 13, 2021, 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 an On-Off Sale Wine License and an On- Off Sale Malt License for Mosaic Wine Bar, LLC, Katelyn Britzman and Nathaniel Condelli, owners, 225 Main Avenue, Brookings, South Dakota, legal description: North 57.5 feet of the East 155 feet, Temple Block 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 2nd day of July, 2021. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . B rook ings County, SD Developed by Par cel ID 406050000000005 Sec/T wp/Rng -- Pr oper ty Address 225 MAIN AVE BROOKINGS Alter nate ID n/a Class B Acr eage n/a Ow ner Address BROOKINGS LODGE #24, AF & AM SEND TO : SPITZENBERGER, TERRY 1012 4TH ST BROOKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption TEMPL E BLO C K ADDN, N 57.5' O F E 155' O F TEMPLE BL O C K 0.1957 AC RE (Note: Not to be used on leg a l documents) Date created: 6/25/2021 Last Data Uploa ded: 6/25/2021 8:06:27 AM 106 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections 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 #:ID 21-0349,Version:1 Action on an Amendment to the East Central Regional Communication Council Joint Powers Agreement. Summary: This Amendment will amend the current East Central Regional Communication Council Joint Powers Agreement, removing the Mayor from the membership and replacing this seat with the Brookings Police Chief or their representative. Recommendation: Staff recommends approval. Attachments: Memo Amendment Agreement #18-84 City of Brookings Printed on 7/8/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: David Erickson, Police Chief Council Meeting: July 13, 2021 Subject: Amendment to the East Central Regional Communication Council Joint Powers Agreement Person(s) Responsible: David Erickson, Chief of Police Summary: This Amendment will amend the current East Central Regional Communication Council Joint Powers Agreement, removing the Mayor from the membership and replacing this seat with the Brookings Police Chief or their representative. Background: The East Central Regional Communication Council is made up of two representatives from the Brookings County Commission, the Chairperson and the Vice Chairperson, and two representatives from the City of Brookings, the City Manager and the Mayor or their representatives. This amendment removes the Mayor from the East Central Regional Communication Council and replaces this seat with the Brookings Police Chief. The Brookings City Manager and the Brookings Police Chief maintain operational control of the 911 Public Safety Answering Point (PSAP) in Brookings. Therefore, it has been recommended this amendment be made to better align with the City’s governing and operational structure. Item Details: Amending the current East Central Regional Communication Council Agreement will change the Council’s make-up to the following: two members from the Brookings County Commissioners (Chair and Vice-Chair) and two members from the City of Brookings (the City Manager and the Brookings Police Chief, or their representative). Legal Considerations: The Amendment was written and reviewed by City Attorney Steve Britzman. Strategic Plan Consideration: Service and Innovation Excellence– performance mgmt., governance, operations, intergovernmental relations, policy review Financial Considerations: 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 amendment. Supporting Documentation: Amendment Agreement #18-84 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 21-058,Version:1 Action on Resolution 21-058, a Resolution of Necessity for Acquisition of Real Property for Public Highway Project. Summary: Resolutions of Necessity for Acquisition of Real Property for the I-29 Interchange Project. Recommendation: Staff recommends approval. Attachments: Memo Resolution Exhibit City of Brookings Printed on 7/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Steve Britzman, City Attorney Council Meeting: July 13, 2021 Subject: Resolutions of Necessity for Acquisition by Condemnation of Real Property by the City of Brookings Person Responsible: Steve Britzman, City Attorney Summary: Request approval of Four (4) Resolutions of Necessity for Acquisition of Real Property for the I-29 Interchange Project (hereafter “the Project”). Background: This Agenda item for the City Council are proposed Resolutions of Necessity, a necessary step for the City of Brookings to initiate and maintain condemnation proceedings. A Resolution of Necessity authorizes a municipality to commence condemnation proceedings to acquire right-of-way and temporary easements where the City of Brookings has been unable to acquire the land for construction of the Project by voluntary purchase or agreement with the owners. A separate Resolution of Necessity has been prepared for the parcels owned by the four (4) separate property owners. Discussion: The Project design has been finalized and the consultants have been negotiating with adjacent land owners for right of way and easements . A number of parcels of right-of- way and easements have been acquired for the Project by voluntary purchase or agreement with the owners. There remain several parcels owned by four (4) separate parties where the consultants have been unable to acquire the land for right-of-way and temporary easements necessary for the construction of the Project by voluntary purchase or agreement with the owners. The property descriptions, which are the subject of the Resolutions of Necessity, are set forth in the Resolutions of Necessity. A Resolution of Necessity authorizes the City to initiate condemnation if voluntary agreements as described herein cannot be reached. The following are the dimensions of the parcels necessary for the Project which have not yet been acquired by voluntary purchase or agreement: 1. Right-of-Way .73 acres Parcel Temporary Easement 1 acre 2. Right-of-Way 9.96 acres Parcel Temporary Easement .3 acres 3. Right-of-Way 6.12 acres Parcel Temporary Easement .6 acres 4. Right-of-Way 7.893 acres Parcel Temporary Easement 2.2 acres Legal Consideration: A Resolution of Necessity is a prerequisite to commence proceedings in eminent domain (condemnation) pursuant to SDCL Chapters 21-3 and 31-19. Furthermore, SDCL 9-27-1 authorizes a municipality to acquire real property located both within and outside the City for this Project, and requires the determination made pursuant to a Resolution of Necessity that the appropriation of the land is necessary for the Project. The consultants will continue to negotiate with the owners of the land identified in the Resolutions of Necessity for purchase of their property at appraised values. However, if the City is unable to acquire the land by voluntary purchase or agreement, then condemnation would permit the Project to proceed while providing the landowners receive reasonable compensation for the land as determined by state law. Financial Consideration: Acquisition of the right-of-way and temporary easements will be funded through the budget for the Project. In addition, the City and County of Brookings adopted a Memorandum of Understanding for reimbursement of Project expenditures. Options and Recommendation: The City Council has the following options: 1. Discuss and take no action; 2. Discuss and by motion authorize each of the Four (4) Resolutions of Necessity. A two-thirds majority of all members of the City Council is required to approve each Resolution to be effective. City Attorney Steve Britzman recommends approval of the Resolutions of Necessity in order for the City to acquire by condemnation, if necessary, the real property and easements required for the Project. Supporting Documentation: Resolution Exhibit {04286199.1} Resolution 21-058 Resolution of Necessity for Acquisition of Real Property for Public Highway Project WHEREAS, the City of Brookings is constructing an Interstate 29 Interchange, known as the I- 29 Exit 130 (20th Street South) Interchange Project (Number EM 0295(45)130 PCN O2OV), (referred to in this Resolution as the “Project”), which involves construction of a new public highway interchange. The Project consists of grading, bridge structures, lighting, asphalt, concrete surfacing, curb and gutter, storm sewer, engineering, right of way acquisition, utilities, and new access ramps. The Project is located on Interstate 29 (I-29), and includes portions of 20th Street South in the City of Brookings and over I-29; and 214th Street, from I-29 to 473rd Avenue in the County of Brookings; and WHEREAS, a portion of the construction of the Project will require the acquisition of additional land for right of way and construction, including control of access, borrow pits, cutslopes, fillslopes, impoundments, and channel changes, either by purchase or condemnation; and WHEREAS, the Project is scheduled for construction in 2022; and WHEREAS, acquisition of the land for right of way and temporary easements must be completed; and WHEREAS, the City of Brookings has been unable to acquire, by voluntary purchase or agreement, the rights of way, access control and temporary easements described below that are necessary for the construction of the Project; and WHEREAS, except as otherwise specially provided, whenever the governing body of any municipality shall deem it necessary to appropriate or damage any private property, either within or without the corporate limits of the municipality, for any purpose authorized by law, it shall, by a resolution passed by a two-thirds majority of all the members elected thereto, declare such appropriation necessary, stating the purpose and extent of such appropriation. Thereupon, the proceedings for such appropriation and condemnation shall be as provided by law and the rules of practice and procedure adopted by the South Dakota Supreme Court; and WHEREAS, SDCL § 9-27-1 authorizes a municipality to acquire real property for any purpose authorized by law; and WHEREAS, SDCL § 9-27-1 also provides that a municipality must, prior to commencing proceedings in eminent domain, determine that such appropriation is necessary; NOW THEREFORE, BE IT HEREBY RESOLVED: 1. That it is necessary to acquire the following rights of way, access control and temporary easements by condemnation in accordance with the provisions of SDCL Ch. 21-3 and Ch. 31-19, which may include filing Declarations of Taking pursuant to SDCL 31-19-23: {04286199.1} Right of Way: Lot H1 and Lot H2 in R’Surene Morgan Farm Addition to the County of Brookings in Government Lot Four (4) of the Northwest Quarter (NW¼) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, as shown on Attachment “B”. Said Lot H1 containing 0.02 acres (916 sq. ft.), more or less. Said Lot H2 containing 0.71 acres (30738 sq. ft.), more or less. Description of land to be acquired for temporary easements (“T.E.”): A parcel in R’Surene Morgan Farm Addition to the County of Brookings in Government Lot Four (4) of the Northwest Quarter (NW¼) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, as shown on Attachment “A”. Said T.E. containing 1.0 acre (43167 sq. ft.), more or less. 2. That this Resolution must be passed by a 2/3 majority of all the elected and appointed members of the City Council in order to become effective. Passed and approved on the 13th day of July, 2021. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk R'surene Morgan Farm Addition 1/4 Line1069.31' N 87°51'08" E 217.51'33'33'GovernmentLot 3NW Cor. 6-109-49 N 180611.14 E 2814625.54 Present 20th Street South33'33'44.37' N 87°56'06" E L5 L1 L3 L4 66'C1 1181.36' N1/4 Cor. 6-109-49 N 180707.21 E 2817286.30 N 87°52'40" E 149.96' Section Line Government Lot 4 Block 1 Mills Third Addition Outlot 1 Present Interstate Highway No. 29150'150' L9 L2 L10L12Present 22nd Avenue South483.30'33'33'2156.22'32.99' S 01°47'59" E N 87°57'12" E S 02°39'24" ES 02°39'24" ESection Line392.45'S 01°32'53" E406.97'S 02°42'00" EN 87°56'06" E SW1/4 30' Access Easem e n t 33'W1/4 Cor. 6-109-49 N 177974.46 E 2814747.89 1/4 Line PLAT OF LOT H1 AND LOT H2 BROOKINGS COUNTY, SOUTH DAKOTA Showing a parcel of land to be acquired for highway purposes for construction Project EM 0295(45)130 Scale: 1 inch = 300 feet Parcel 1 in R'Surene Morgan Farm Addition to the County of Brookings in Government Lot 4 of the Northwest Quarter (NW1/4) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., N Drawn By: Checked By: Date: Date: SURVEYOR'S CERTIFICATE OFFICE OF REGISTER OF DEEDS I, NATHAN W. NIELSON , Registered Land Surveyor, in and for the State of South Dakota, do hereby certify that as ordered by the South Dakota Department of Transportation the parcel of land as shown on this plat has been surveyed at my direction and under my control, and such parcel of land shall be hereafter known by the lot number designated herein. The location and dimensions of the parcel are shown on this plat. In witness whereof, I have hereunto set my hand and seal this ___________ day of ____________________________ , 20 ______ . Filed for record the _______ day of ____________________ , A.D., 20 ______ at ______________ M., and recorded in Book of Plats ________ on Page ______________ therein. State of South Dakota SS Registered Land Surveyor Registration No. 9924 JLU 01/19/2021 County of __________________________________________________ Deputy __________________________________________________ Register of Deeds by NWN 01/19/2021 020V LEGEND Note 1: The coordinates, bearings, distances and areas shown on this plat are based on the South Dakota State Plane Coordinate System Grid North - North Zone NAD 83/2011 epoch 2010.00 Geoid 18 SF 0.9999557940 Note 2: All monumentation will be set upon project completion. = found R.O.W. corner = set R.O.W. corner = existing right of way = not used for boundary location(n) = found P.L.S.S. corner = set P.L.S.S. corner C = calculated corner = found property corner = set property corner Existing R.O.W. containing 1.46 ac. 63793 sq ft, more or less 010p L8 Bearing N 02°42'00" W Length 37.92' L9 N 87°57'09" E 1035.79' L1 L2 S 01°32'53" E N 86°47'23" W 106.79' 22.21' L3 N 49°18'57" W 63.00' L4 N 86°47'23" W 412.18' L5 S 87°56'04" W 157.50' L6 S 42°40'56" W 42.61' Chord Radius C1 N 89°25'40" W 364.95'364.82'3963.33'L L7 Lot H2 containing 0.71 ac. 30738 sq. ft. more or less S 87°18'00" W 3.66' SEE INSET A INSET A Scale: 1 inch = 100 feet INSET B Scale: 1 inch = 30 feet SEE INSET B 20th Street South 22nd Avenue South33'33'33'33'L10L12L11 33.36'S 02°39'24" E2156.22'L6L5 L10L12L8L9 22nd Avenue SouthL7 S 02°39'24" E483.30'Lot H1 containing 0.02 ac. 916 sq. ft. more or less L10 S 02°17'55" E 412.01' L11 S 87°18'30" W 0.78' L12 N 02°42'00" W 412.00'S 02°39'24" E483.30'Lot H1 Lot H2 Lot H1 N 87°18'30" E 406.97'S 02°42'00" ESection LineSection Line Section LineAttachment B 10+00 15+00 20+00 500+00505+00PLOTTING DATE: FILE: INITIAL: REV DATE:...\John Mills Attachment A.dgn DAKOTA SOUTH STATE OF PROJECT SHEET SHEETS TOTAL EM 0295(45)130 Z16 07-12-2021 Sec. 6-T109N-R49WSec. 1-T109N-R50W Sec. 31-T110N-R49W Section Line 10+92.00-36.67' 10+82-65' 10+62.00-66.94'12+49.50-65'12+49.50-36.67'R'SURENE MORGAN FARM ADDITION 33'33'(Incidental Work, Grading) Take Out 18"-34' CMP 13+60 to 13+91 - 22' R BROOKINGS Eliminate Entrance 13+77 R Present 22nd Avenue SProposed 20th Street S40'33'Attachment A 16+17.82-36.67'16+18-65'20+80.00-75.00'20+30.00-36.67'20+41-65'20+47-135'21+07.20-135.00'21+02.21-75.00'33'40' the 5th P.M. Section 6 - Township 109 North - Range 49 West of Brookings in Government Lot 4 of the NW1/4 of R'Surene Morgan Farm Addition to the County of Parcel 1 John H. Mills 13+62, 23' R - 18" 11+96, 45' R - 24" 11+70, 45' R - 36" Clear and Grub Trees: 20' Drive 501+50 R 20' Drive 503+10 R 1.0 ac. (43167 sq ft), more or less Temporary Easement containing 501+00.00 (22nd Ave) to 21+07.20 R Parcel 1 containing 0.03 ac. (1215 sq ft), more or less Private Access Easement SCALE IN FEET 0 75 150 Section Line Section Line 10+0015+0020+00500+00 505+00 Plotting Date:STATE OFSOUTHDAKOTASHEETTOTALSHEETSPROJECTEM 0295(45)130Plotting Date:BAI JOB # 23192-00John H. MillsR'Surene Morgan Farm Addition to the County ofBrookings in Government Lot 4 of the NW1/4 ofSection 6 - Township 109 North - Range 49 West ofthe 5th P.M.Parcel 10.73 ac. R.O.W. Taking(31654 sq ft) more or lessSec. 31 - T110N - R49WSec. 6 - T109N - R49WSec. 1 - T109N - R50WPresent 20th Street SSection LineSection Line 66'10+24.60 R'SURENE MORGAN FARM ADDITIONSW1/4SE1/4LOT 1OUTLOT 122nd Avenue S 505+83.19Flown Date: FSA 2019Photo Not to Scale33'Present 20th Street S73'BROOKINGS66'37'41'73'NRICHARD PRICEFIRST ADDITIONProperty Line 07-09-2021 Proposed 20th Street SGovernment Lot 4Proposed Chaparral DriveParcel 1501+00.00 (22nd Ave) R to 21+07.20 (20th St) RTemporary Easement containing1.0 ac. (43167 sq ft) more or lessTemporary EasementRight-of-Way AcquisitionLEGENDExisting Control of AccessProposed Control of AccessCity Limits 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 21-059,Version:1 Action on Resolution 21-059, a Resolution of Necessity for Acquisition of Real Property for Public Highway Project. Summary: Resolutions of Necessity for Acquisition of Real Property for the I-29 Interchange Project. Recommendation: Staff recommends approval. Attachments: Memo Resolution Exhibit City of Brookings Printed on 7/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Steve Britzman, City Attorney Council Meeting: July 13, 2021 Subject: Resolutions of Necessity for Acquisition by Condemnation of Real Property by the City of Brookings Person Responsible: Steve Britzman, City Attorney Summary: Request approval of Four (4) Resolutions of Necessity for Acquisition of Real Property for the I-29 Interchange Project (hereafter “the Project”). Background: This Agenda item for the City Council are proposed Resolutions of Necessity, a necessary step for the City of Brookings to initiate and maintain condemnation proceedings. A Resolution of Necessity authorizes a municipality to commence condemnation proceedings to acquire right-of-way and temporary easements where the City of Brookings has been unable to acquire the land for construction of the Project by voluntary purchase or agreement with the owners. A separate Resolution of Necessity has been prepared for the parcels owned by the four (4) separate property owners. Discussion: The Project design has been finalized and the consultants have been negotiating with adjacent land owners for right of way and easements . A number of parcels of right-of- way and easements have been acquired for the Project by voluntary purchase or agreement with the owners. There remain several parcels owned by four (4) separate parties where the consultants have been unable to acquire the land for right-of-way and temporary easements necessary for the construction of the Project by voluntary purchase or agreement with the owners. The property descriptions, which are the subject of the Resolutions of Necessity, are set forth in the Resolutions of Necessity. A Resolution of Necessity authorizes the City to initiate condemnation if voluntary agreements as described herein cannot be reached. The following are the dimensions of the parcels necessary for the Project which have not yet been acquired by voluntary purchase or agreement: 1. Right-of-Way .73 acres Parcel Temporary Easement 1 acre 2. Right-of-Way 9.96 acres Parcel Temporary Easement .3 acres 3. Right-of-Way 6.12 acres Parcel Temporary Easement .6 acres 4. Right-of-Way 7.893 acres Parcel Temporary Easement 2.2 acres Legal Consideration: A Resolution of Necessity is a prerequisite to commence proceedings in eminent domain (condemnation) pursuant to SDCL Chapters 21-3 and 31-19. Furthermore, SDCL 9-27-1 authorizes a municipality to acquire real property located both within and outside the City for this Project, and requires the determination made pursuant to a Resolution of Necessity that the appropriation of the land is necessary for the Project. The consultants will continue to negotiate with the owners of the land identified in the Resolutions of Necessity for purchase of their property at appraised values. However, if the City is unable to acquire the land by voluntary purchase or agreement, then condemnation would permit the Project to proceed while providing the landowners receive reasonable compensation for the land as determined by state law. Financial Consideration: Acquisition of the right-of-way and temporary easements will be funded through the budget for the Project. In addition, the City and County of Brookings adopted a Memorandum of Understanding for reimbursement of Project expenditures. Options and Recommendation: The City Council has the following options: 1. Discuss and take no action; 2. Discuss and by motion authorize each of the Four (4) Resolutions of Necessity. A two-thirds majority of all members of the City Council is required to approve each Resolution to be effective. City Attorney Steve Britzman recommends approval of the Resolutions of Necessity in order for the City to acquire by condemnation, if necessary, the real property and easements required for the Project. Supporting Documentation: Resolution Exhibit {04286199.1} Resolution 21-059 Resolution of Necessity for Acquisition of Real Property for Public Highway Project WHEREAS, the City of Brookings is constructing an Interstate 29 Interchange, known as the I- 29 Exit 130 (20th Street South) Interchange Project (Number EM 0295(45)130 PCN O2OV), (referred to in this Resolution as the “Project”), which involves construction of a new public highway interchange. The Project consists of grading, bridge structures, lighting, asphalt, concrete surfacing, curb and gutter, storm sewer, engineering, right of way acquisition, utilities, and new access ramps. The Project is located on Interstate 29 (I-29), and includes portions of 20th Street South in the City of Brookings and over I-29; and 214th Street, from I-29 to 473rd Avenue in the County of Brookings; and WHEREAS, a portion of the construction of the Project will require the acquisition of additional land for right of way and construction, including control of access, borrow pits, cutslopes, fillslopes, impoundments, and channel changes, either by purchase or condemnation; and WHEREAS, the Project is scheduled for construction in 2022; and WHEREAS, acquisition of the land for right of way and temporary easements must be completed; and WHEREAS, the City of Brookings has been unable to acquire, by voluntary purchase or agreement, the rights of way, access control and temporary easements described below that are necessary for the construction of the Project; and WHEREAS, except as otherwise specially provided, whenever the governing body of any municipality shall deem it necessary to appropriate or damage any private property, either within or without the corporate limits of the municipality, for any purpose authorized by law, it shall, by a resolution passed by a two-thirds majority of all the members elected thereto, declare such appropriation necessary, stating the purpose and extent of such appropriation. Thereupon, the proceedings for such appropriation and condemnation shall be as provided by law and the rules of practice and procedure adopted by the South Dakota Supreme Court; and WHEREAS, SDCL § 9-27-1 authorizes a municipality to acquire real property for any purpose authorized by law; and WHEREAS, SDCL § 9-27-1 also provides that a municipality must, prior to commencing proceedings in eminent domain, determine that such appropriation is necessary; NOW THEREFORE, BE IT HEREBY RESOLVED: 1. That it is necessary to acquire the following rights of way, access control and temporary easements by condemnation in accordance with the provisions of SDCL Ch. 21-3 and Ch. 31-19, which may include filing Declarations of Taking pursuant to SDCL 31-19-23: {04286199.1} Right of Way: Lot H1 in Block One (1), Mills Third Addition in Government Lots Three (3) and Four (4) of the Northwest Quarter (NW¼) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, as shown on Attachment “B”. Said Lot H1 containing 0.54 acres (23629 sq. ft.), more or less. Lot H2 in Block One (1), Mills Third Addition in Government Lots Three (3) and Four (4) of the Northwest Quarter (NW¼) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, as shown on Attachment “B”. Said Lot H2 containing 9.42 acres (410481 sq. ft.), more or less. (See Attachment) Description of the control of access: No access permitted to or from Construction Station 25+07.36-75.00’ R to Station 331+56.00-75.00’ L, following the proposed Right of Way boundary and as shown on Attachment “A”. Description of land to be acquired for temporary easements (“T.E.”): A parcel in Block One (1), Mills Third Addition in Government Lots Three (3) and Four (4) of the Northwest Quarter (NW¼) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, as shown on Attachment “A”. Said T.E. containing 0.3 acres (11756 sq. ft.), more or less. 2. That this Resolution must be passed by a 2/3 majority of all the elected and appointed members of the City Council in order to become effective. Passed and approved on the 13th day of July, 2021. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk NW Cor. 6-109-49 N 180611.14 E 2814625.54 Section LineR'surene Morgan Farm Addition 1/4 LinePresent 20th Street South1069.31'22nd AvenueN 87°51'08" E 217.51' Government Lot 4 Government Lot 333'33'33'33'44.37' N 87°56'06" E Block 1 Mills Third Addition L3 Bearing Length N1/4 Cor. 6-109-49 N 180707.21 E 2817286.30 Outlot 1 N 87°52'40" E 149.96' L3 S 87°56'06" W 1181.52'Interstate Highway No. 29150'150' C Section Line L1 L1 N 87°56'06" E 1181.36' L2 L2 S 03°20'08" E 20.00' L4 N 02°51'37" W 20.00' 33' 33' N 87°57'12" E L5 N 02°51'37" W 12.91' SW1/4 30' Access Easem e n t PLAT OF LOT H1 BROOKINGS COUNTY, SOUTH DAKOTA Showing a parcel of land to be acquired for highway purposes for construction Project EM 0295(45)130 Scale: 1 inch = 300 feet PARCEL 3X in Block One (1), Mills Third Addition in Government Lots 3 and 4 of the Northwest Quarter (NW1/4) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., N Note 1: The coordinates, bearings, distances and areas shown on this plat are based on the South Dakota State Plane Coordinate System Grid North - North Zone NAD 83/2011 epoch 2010.00 Geoid 18 SF 0.9999557940 Note 2: All monumentation will be set upon project completion. Existing R.O.W. containing 0.02 ac. 903 sq ft, more or less 023p SEE INSET A INSET A Scale: 1 inch = 50 feet C C N 87°56'06" E 44.37'L1 L3L5 L4 Lot H1 containing 0.54 ac. 23629 sq. ft. more or less LEGEND = found R.O.W. corner = set R.O.W. corner = existing right of way = not used for boundary location(n) = found P.L.S.S. corner = set P.L.S.S. corner C = calculated corner = found property corner = set property corner Drawn By: Checked By: Date: Date: SURVEYOR'S CERTIFICATE OFFICE OF REGISTER OF DEEDS I, NATHAN W. NIELSON , Registered Land Surveyor, in and for the State of South Dakota, do hereby certify that as ordered by the South Dakota Department of Transportation the parcel of land as shown on this plat has been surveyed at my direction and under my control, and such parcel of land shall be hereafter known by the lot number designated herein. The location and dimensions of the parcel are shown on this plat. In witness whereof, I have hereunto set my hand and seal this ___________ day of ____________________________ , 20 ______ . Filed for record the _______ day of ____________________ , A.D., 20 ______ at ______________ M., and recorded in Book of Plats ________ on Page ______________ therein. State of South Dakota SS Registered Land Surveyor Registration No. 9924 JLU 01/19/2021 County of __________________________________________________ Deputy __________________________________________________ Register of Deeds by NWN 01/19/2021 020V 33'Section Line 3 0 ' A c c e s s E a s e m e n t Attachment B NW Cor. 6-109-49 N 180611.14 E 2814625.54 Section LineR'surene Morgan Farm Addition L5 C1 L6 S 03°20'08" E N 05°56'29" W S 87°55'52" W 532.96' 77.79' 529.00' L7 N 02°03'56" W 76.36'1/4 LinePresent 20th Street South1069.31'22nd AvenueN 87°51'08" E 217.51' Government Lot 4 Government Lot 333'33'33'33'L6 L 1 1 C2 44.37' N 87°56'06" E Block 1 Mills Third Addition L3 Bearing Length Chord Radius 77.73'575.00'R N1/4 Cor. 6-109-49 N 180707.21 E 2817286.30 Outlot 1 N 87°52'40" E 149.96'L5C1 L7 L8 L9 L10 L8 N 23°35'58" W 98.55' L9 N 70°05'26" W 208.80' L10 N 86°47'23" W 267.90' C2 N 42°08'55" W 39.48'39.41'187.00'L L11 N 48°15'30" W 204.31' L12 N 87°51'17" E 10.49' L13 N 02°51'37" W 12.92' L3 S 87°56'06" W 1181.52'Interstate Highway No. 29150'150' C Section Line L1 L1 N 87°56'06" E 1181.36' L2 L2 S 03°20'08" E 20.00' L4 N 02°51'37" W 20.00' 33' 33' N 87°57'12" E 30' Access Easem e n t SW1/4 PLAT OF LOT H2 BROOKINGS COUNTY, SOUTH DAKOTA Showing a parcel of land to be acquired for highway purposes for construction Project EM 0295(45)130 Scale: 1 inch = 300 feet PARCEL 3 Lot H2 containing 9.42 ac. 410481 sq. ft. more or less in Block One (1), Mills Third Addition in Government Lots 3 and 4 of the Northwest Quarter (NW1/4) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., N Note 1: The coordinates, bearings, distances and areas shown on this plat are based on the South Dakota State Plane Coordinate System Grid North - North Zone NAD 83/2011 epoch 2010.00 Geoid 18 SF 0.9999557940 Note 2: All monumentation will be set upon project completion. Existing R.O.W. containing 0.02 ac. 903 sq ft, more or less 023p SEE INSET A INSET A Scale: 1 inch = 50 feet C C L12 L 1 1 N 87°56'06" E 44.37'L1 L3L13 L4 LEGEND = found R.O.W. corner = set R.O.W. corner = existing right of way = not used for boundary location(n) = found P.L.S.S. corner = set P.L.S.S. corner C = calculated corner = found property corner = set property corner Drawn By: Checked By: Date: Date: SURVEYOR'S CERTIFICATE OFFICE OF REGISTER OF DEEDS I, NATHAN W. NIELSON , Registered Land Surveyor, in and for the State of South Dakota, do hereby certify that as ordered by the South Dakota Department of Transportation the parcel of land as shown on this plat has been surveyed at my direction and under my control, and such parcel of land shall be hereafter known by the lot number designated herein. The location and dimensions of the parcel are shown on this plat. In witness whereof, I have hereunto set my hand and seal this ___________ day of ____________________________ , 20 ______ . Filed for record the _______ day of ____________________ , A.D., 20 ______ at ______________ M., and recorded in Book of Plats ________ on Page ______________ therein. State of South Dakota SS Registered Land Surveyor Registration No. 9924 JLU 01/19/2021 County of __________________________________________________ Deputy __________________________________________________ Register of Deeds by NWN 01/19/2021 020V 33'33'Section Line 3 0 ' A c c e s s E a s e m e n t Lot H2 Attachment B 20+00 25+00 30+00 35+00 105+00330+00335+00401+00405+00410+00415+003 PP PLOTTING DATE: FILE: INITIAL: REV DATE:...\Jacob Mills Attachment A.dgn DAKOTA SOUTH STATE OF PROJECT SHEET SHEETS TOTAL EM 0295(45)130 Z16 07-12-2021 Sec. 6-T109N-R49W Sec. 31-T110N-R49W Section Line Proposed 20th Street S 0.3 ac. (11756 sq ft), more or less Temporary Easement containing 25+32.10 R to 331+56.00 (Ramp C) L Parcel 375.00'25+07.36100.00'25+32.10115' & 155' 25+70 100.00'28+00.00160.00'30+00.00333+23-95' 29+96-175'27+98-115'331+58-95' Proposed Control of Access Existing Control of Access chain link fence Install 478' x 4' high 25+34, 98' R to 30+00, 160' R Chai n li nk f ence 75.00' 332+23.64 75.00' 331+56.00 MILLS THIRD ADDITION BLOCK 1 SCALE IN FEET 0 Proposed Control of Access Chain link fence Attachment A 33'33'Begin New Control of Access Sta. 20+93.54 - 31.42' L Ramps C & G155' 25+64.57Chapa r r al Dr i ve Easement Access Private 75.00' 333+00.00 West of the 5th P.M. 109 North - Range 49 of Section 6 - Township Lots 3 & 4 in the NW1/4 Addition in Government Block 1, Mills Third Parcel 3 Jacob Mills easement access 30' existing Control of Access Begin New - 75.00' R Sta. 21+28.63 End New Control of Access Sta. 35+47.97 - 162.99' L Present I-29 SouthboundPresent I-29 Northbound100 200 25+0030+0035+00400+00 405+0041 0 + 0 0 415+00 335+00 STATE OFSOUTHDAKOTASHEETTOTALSHEETSPROJECTEM 0295(45)130Plotting Date:BAI JOB # 23192-00Flown Date: FSA 2019Photo Not to Scale07-08-2021Sec. 31 - T110N - R49WAccess Holdings, LLCBlock 1, Mills Third Addition inGovernment Lots 3 & 4 in the NW1/4 ofSection 6 - Township 109 North - Range49 West of the 5th P.M.Parcel 39.42 ac. R.O.W. Taking(410481 sq ft) more or lessParcel 3X0.54 ac. R.O.W. Taking(23629 sq ft) more or lessSec. 6 - T109N - R49WProposed 20th Street SSection Line66'SW1/4BLOCK 1MILLS THIRD ADDITION Proposed Chaparral DriveRamps C & G Government Lot 4Government Lot 3Chaparral Drive Present 20th Street S23+60.64 BROOKINGSN33' ExistingUtility Easement10' ExistingUtility Easement20'33' ExistingUtility Easement30' ExistingAccess Easement10' Existing UtilityEasement07-08-2021Parcel 325+32.10 (20th St) R to331+56.00 (Ramp C) LTemporary Easement containing0.3 ac (11756 sq ft) more or lessTemporary EasementRight-of-Way AcquisitionLEGENDExisting Control of AccessProposed Control of AccessCity Limits 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 21-060,Version:1 Action on Resolution 21-060, a Resolution of Necessity for Acquisition of Real Property for Public Highway Project. Summary: Resolutions of Necessity for Acquisition of Real Property for the I-29 Interchange Project. Recommendation: Staff recommends approval. Attachments: Memo Resolution Exhibit City of Brookings Printed on 7/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Steve Britzman, City Attorney Council Meeting: July 13, 2021 Subject: Resolutions of Necessity for Acquisition by Condemnation of Real Property by the City of Brookings Person Responsible: Steve Britzman, City Attorney Summary: Request approval of Four (4) Resolutions of Necessity for Acquisition of Real Property for the I-29 Interchange Project (hereafter “the Project”). Background: This Agenda item for the City Council are proposed Resolutions of Necessity, a necessary step for the City of Brookings to initiate and maintain condemnation proceedings. A Resolution of Necessity authorizes a municipality to commence condemnation proceedings to acquire right-of-way and temporary easements where the City of Brookings has been unable to acquire the land for construction of the Project by voluntary purchase or agreement with the owners. A separate Resolution of Necessity has been prepared for the parcels owned by the four (4) separate property owners. Discussion: The Project design has been finalized and the consultants have been negotiating with adjacent land owners for right of way and easements . A number of parcels of right-of- way and easements have been acquired for the Project by voluntary purchase or agreement with the owners. There remain several parcels owned by four (4) separate parties where the consultants have been unable to acquire the land for right-of-way and temporary easements necessary for the construction of the Project by voluntary purchase or agreement with the owners. The property descriptions, which are the subject of the Resolutions of Necessity, are set forth in the Resolutions of Necessity. A Resolution of Necessity authorizes the City to initiate condemnation if voluntary agreements as described herein cannot be reached. The following are the dimensions of the parcels necessary for the Project which have not yet been acquired by voluntary purchase or agreement: 1. Right-of-Way .73 acres Parcel Temporary Easement 1 acre 2. Right-of-Way 9.96 acres Parcel Temporary Easement .3 acres 3. Right-of-Way 6.12 acres Parcel Temporary Easement .6 acres 4. Right-of-Way 7.893 acres Parcel Temporary Easement 2.2 acres Legal Consideration: A Resolution of Necessity is a prerequisite to commence proceedings in eminent domain (condemnation) pursuant to SDCL Chapters 21-3 and 31-19. Furthermore, SDCL 9-27-1 authorizes a municipality to acquire real property located both within and outside the City for this Project, and requires the determination made pursuant to a Resolution of Necessity that the appropriation of the land is necessary for the Project. The consultants will continue to negotiate with the owners of the land identified in the Resolutions of Necessity for purchase of their property at appraised values. However, if the City is unable to acquire the land by voluntary purchase or agreement, then condemnation would permit the Project to proceed while providing the landowners receive reasonable compensation for the land as determined by state law. Financial Consideration: Acquisition of the right-of-way and temporary easements will be funded through the budget for the Project. In addition, the City and County of Brookings adopted a Memorandum of Understanding for reimbursement of Project expenditures. Options and Recommendation: The City Council has the following options: 1. Discuss and take no action; 2. Discuss and by motion authorize each of the Four (4) Resolutions of Necessity. A two-thirds majority of all members of the City Council is required to approve each Resolution to be effective. City Attorney Steve Britzman recommends approval of the Resolutions of Necessity in order for the City to acquire by condemnation, if necessary, the real property and easements required for the Project. Supporting Documentation: Resolution Exhibit {04286199.1} Resolution 21-060 Resolution of Necessity for Acquisition of Real Property for Public Highway Project WHEREAS, the City of Brookings is constructing an Interstate 29 Interchange, known as the I- 29 Exit 130 (20th Street South) Interchange Project (Number EM 0295(45)130 PCN O2OV), (referred to in this Resolution as the “Project”), which involves construction of a new public highway interchange. The Project consists of grading, bridge structures, lighting, asphalt, concrete surfacing, curb and gutter, storm sewer, engineering, right of way acquisition, utilities, and new access ramps. The Project is located on Interstate 29 (I-29), and includes portions of 20th Street South in the City of Brookings and over I-29; and 214th Street, from I-29 to 473rd Avenue in the County of Brookings; and WHEREAS, a portion of the construction of the Project will require the acquisition of additional land for right of way and construction, including control of access, borrow pits, cutslopes, fillslopes, impoundments, and channel changes, either by purchase or condemnation; and WHEREAS, the Project is scheduled for construction in 2022; and WHEREAS, acquisition of the land for right of way and temporary easements must be completed; and WHEREAS, the City of Brookings has been unable to acquire, by voluntary purchase or agreement, the rights of way, access control and temporary easements described below that are necessary for the construction of the Project; and WHEREAS, except as otherwise specially provided, whenever the governing body of any municipality shall deem it necessary to appropriate or damage any private property, either within or without the corporate limits of the municipality, for any purpose authorized by law, it shall, by a resolution passed by a two-thirds majority of all the members elected thereto, declare such appropriation necessary, stating the purpose and extent of such appropriation. Thereupon, the proceedings for such appropriation and condemnation shall be as provided by law and the rules of practice and procedure adopted by the South Dakota Supreme Court; and WHEREAS, SDCL § 9-27-1 authorizes a municipality to acquire real property for any purpose authorized by law; and WHEREAS, SDCL § 9-27-1 also provides that a municipality must, prior to commencing proceedings in eminent domain, determine that such appropriation is necessary; NOW THEREFORE, BE IT HEREBY RESOLVED: 1. That it is necessary to acquire the following rights of way, access control and temporary easements by condemnation in accordance with the provisions of SDCL Ch. 21-3 and Ch. 31-19, which may include filing Declarations of Taking pursuant to SDCL 31-19-23: {04286199.1} Right of Way: Lot H1 in Outlot One (1) in the Northwest Quarter (NW¼), Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., City of Brookings, County of Brookings, State of South Dakota, as shown on Attachment “B”. Said Lot H1 containing 6.12 acres (266669 sq. ft.), more or less. Description of the control of access: No access permitted to or from Construction Station 320+12.29-75.00’ L to Station 331+56.00-75.00’ L, following the proposed Right of Way boundary and as shown on Attachment “A”. Description of land to be acquired for temporary easements (“T.E.”): A parcel in Outlot One (1) in the Northwest Quarter (NW¼), Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., City of Brookings, County of Brookings, State of South Dakota, as shown on Attachment “A”. Said T.E. containing 0.6 acres (23041 sq. ft.), more or less. 2. That this Resolution must be passed by a 2/3 majority of all the elected and appointed members of the City Council in order to become effective. Passed and approved on the 13th day of July, 2021. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk 66'NW Cor. 6-109-49 N 180611.14 E 2814625.54 Section LineR'surene Morgan Farm Addition L2 L3 C1 S 88°13'28" W N 40°01'48" W N 28°08'19" W 17.90' 257.43' 591.50' C2 N 24°55'25" W 303.20'1/4 LinePresent 20th Street South1069.31'Present 22nd AvenueN 87°51'08" E 217.51' Government Lot 4 Government Lot 333'33'33'33'L4 44.37' N 87°56'06" E Block 1 Mills Third Addition 1181.36'Section Line Bearing Length N1/4 Cor. 6-109-49 N 180707.21 E 2817286.30 Outlot 1 N 87°52'40" E 149.96'552.96'L2 L4 N 87°55'52" E 529.01' L1 S 03°18'19" E 1006.97'Present Interstate Highway No. 29150'150' C L1C L 3C2 C1Chord Radius 587.26'1425.00'L 299.70'575.00'R 2573.56'SE1/4 NW1/4 SW1/4 N 87°57'12" E N 87°56'06" E S 03°20'08" ES 03°03'58" E30' Access Easem e n t Government Lot 5 Center 6-109-49 N 178137.32 E 2817423.961/4 Line PLAT OF LOT H1 BROOKINGS COUNTY, SOUTH DAKOTA Showing a parcel of land to be acquired for highway purposes for construction Project EM 0295(45)130 Scale: 1 inch = 300 feet PARCEL 4 Lot H1 containing 6.12 ac. 266669 sq. ft. more or less N Note 1: The coordinates, bearings, distances and areas shown on this plat are based on the South Dakota State Plane Coordinate System Grid North - North Zone NAD 83/2011 epoch 2010.00 Geoid 18 SF 0.9999557940 Note 2: All monumentation will be set upon project completion. 030p LEGEND = found R.O.W. corner = set R.O.W. corner = existing right of way = not used for boundary location(n) = found P.L.S.S. corner = set P.L.S.S. corner C = calculated corner = found property corner = set property corner Drawn By: Checked By: Date: Date: SURVEYOR'S CERTIFICATE OFFICE OF REGISTER OF DEEDS I, NATHAN W. NIELSON , Registered Land Surveyor, in and for the State of South Dakota, do hereby certify that as ordered by the South Dakota Department of Transportation the parcel of land as shown on this plat has been surveyed at my direction and under my control, and such parcel of land shall be hereafter known by the lot number designated herein. The location and dimensions of the parcel are shown on this plat. In witness whereof, I have hereunto set my hand and seal this ___________ day of ____________________________ , 20 ______ . Filed for record the _______ day of ____________________ , A.D., 20 ______ at ______________ M., and recorded in Book of Plats ________ on Page ______________ therein. State of South Dakota SS Registered Land Surveyor Registration No. 9924 JLU 01/19/2021 County of __________________________________________________ Deputy __________________________________________________ Register of Deeds by NWN 01/19/2021 020V in Outlot 1 in the NW1/4, Section 6, T109N, R49W of the 5th P.M., City of Brookings, Attachment B 210+00215+00220+00224+00320+00325+00330+00401+00405+00410+003 PP PLOTTING DATE: FILE: INITIAL: REV DATE:...\RCS Attachment A.dgn DAKOTA SOUTH STATE OF PROJECT SHEET SHEETS TOTAL EM 0295(45)130 Z16 07-12-2021 Sec. 6-T109N-R49WChapar r al Dr i ve331+58-95'Existing Control of AccessC hain lin k fe nce 75.00' 332+23.64 75.00' 331+56.00 MILLS THIRD ADDITION BLOCK 1 Begin New Control of Access Sta. 25+32.10 - 100.00' R End New Control of Access Sta. 331+56.00 - 75.00' L 0.5 ac. (23041 sq ft), more or less Temporary Easement containing 320+12.29 to 331+58 L Parcel 4 Range 49 West of the 5th P.M. Section 6 - Township 109 North - Outlot 1 in NW1/4 of Parcel 4 RCS Development Inc. 320+17.80-95.00' 75.00' 320+12.29 326+35-95'75.00'326+34.91 75.00'328+92.34 328+92-95' 1/16 Line OUTLOT 1 Ramp CRamp G Ra m p C LOT 3 GOVERNMENT SE1/4 NW1/4 Install 1,498' x 4' high chain link fence 320+12.29 to 331+56.00 - 75' L Attachment A SCALE IN FEET 0 100 200Present I-29 SouthboundPresent I-29 Northboundeasement access 30' existing Control of Acc ess Proposed 20+0025+0030+0035+0040+0045+0050+00210+00 215+00 220+00 400+00 405+0041 0 + 0 0 415+00 320+00 325 + 0 0 330+ 0 0 335+00 1+002+003+004+00Plotting Date:STATE OFSOUTHDAKOTASHEETTOTALSHEETSPROJECTEM 0295(45)130Plotting Date:BAI JOB # 23192-00Sec. 6 - T109N - R49WRCS Development Inc.Outlot 1 in NW1/4 ofSection 6 - Township 109 North -Range 49 West of the 5th P.M.Parcel 46.12 ac. R.O.W. Taking(266669 sq ft) more or less Proposed 20th Street SSection Line1/4 Line Sec. 6 - T109N - R49W300'Present Interstate Highway No. 2 9 MILLSTHIRD ADDITIONOUTLOT 1Block 1SW1/433'33'33'33'300'36+98.35 GovernmentLot 2Ramp C Ramp G Ramp B Ramp AProposed Chaparral Drive51+44.75Government Lot 4Government Lot 3Chaparral Drive Present 20th Street S23+60.64 Section LineBROOKINGS1/16 Line1/16 LineS1/2 NE1/4N1/16 LineSE1/4 NW1/4Government Lot 530' ExistingAccess Easement10' ExistingUtility Easement33' ExistingUtility Easement10' ExistingUtility Easement20'33' ExistingUtility Easement07-08-2021Parcel 4320+12.29 L to 331+58.27 LTemporary Easement containing0.6 ac (23041 sq ft) more or lessTemporary EasementRight-of-WayAcquisitionLEGENDExisting Control of AccessProposed Control of AccessCity Limits 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 21-061,Version:1 Action on Resolution 21-061, a Resolution of Necessity for Acquisition of Real Property for Public Highway Project. Summary: Resolutions of Necessity for Acquisition of Real Property for the I-29 Interchange Project. Recommendation: Staff recommends approval. Attachments: Memo Resolution Exhibit City of Brookings Printed on 7/9/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Steve Britzman, City Attorney Council Meeting: July 13, 2021 Subject: Resolutions of Necessity for Acquisition by Condemnation of Real Property by the City of Brookings Person Responsible: Steve Britzman, City Attorney Summary: Request approval of Four (4) Resolutions of Necessity for Acquisition of Real Property for the I-29 Interchange Project (hereafter “the Project”). Background: This Agenda item for the City Council are proposed Resolutions of Necessity, a necessary step for the City of Brookings to initiate and maintain condemnation proceedings. A Resolution of Necessity authorizes a municipality to commence condemnation proceedings to acquire right-of-way and temporary easements where the City of Brookings has been unable to acquire the land for construction of the Project by voluntary purchase or agreement with the owners. A separate Resolution of Necessity has been prepared for the parcels owned by the four (4) separate property owners. Discussion: The Project design has been finalized and the consultants have been negotiating with adjacent land owners for right of way and easements . A number of parcels of right-of- way and easements have been acquired for the Project by voluntary purchase or agreement with the owners. There remain several parcels owned by four (4) separate parties where the consultants have been unable to acquire the land for right-of-way and temporary easements necessary for the construction of the Project by voluntary purchase or agreement with the owners. The property descriptions, which are the subject of the Resolutions of Necessity, are set forth in the Resolutions of Necessity. A Resolution of Necessity authorizes the City to initiate condemnation if voluntary agreements as described herein cannot be reached. The following are the dimensions of the parcels necessary for the Project which have not yet been acquired by voluntary purchase or agreement: 1. Right-of-Way .73 acres Parcel Temporary Easement 1 acre 2. Right-of-Way 9.96 acres Parcel Temporary Easement .3 acres 3. Right-of-Way 6.12 acres Parcel Temporary Easement .6 acres 4. Right-of-Way 7.893 acres Parcel Temporary Easement 2.2 acres Legal Consideration: A Resolution of Necessity is a prerequisite to commence proceedings in eminent domain (condemnation) pursuant to SDCL Chapters 21-3 and 31-19. Furthermore, SDCL 9-27-1 authorizes a municipality to acquire real property located both within and outside the City for this Project, and requires the determination made pursuant to a Resolution of Necessity that the appropriation of the land is necessary for the Project. The consultants will continue to negotiate with the owners of the land identified in the Resolutions of Necessity for purchase of their property at appraised values. However, if the City is unable to acquire the land by voluntary purchase or agreement, then condemnation would permit the Project to proceed while providing the landowners receive reasonable compensation for the land as determined by state law. Financial Consideration: Acquisition of the right-of-way and temporary easements will be funded through the budget for the Project. In addition, the City and County of Brookings adopted a Memorandum of Understanding for reimbursement of Project expenditures. Options and Recommendation: The City Council has the following options: 1. Discuss and take no action; 2. Discuss and by motion authorize each of the Four (4) Resolutions of Necessity. A two-thirds majority of all members of the City Council is required to approve each Resolution to be effective. City Attorney Steve Britzman recommends approval of the Resolutions of Necessity in order for the City to acquire by condemnation, if necessary, the real property and easements required for the Project. Supporting Documentation: Resolution Exhibit {04286199.1} Resolution 21-061 Resolution of Necessity for Acquisition of Real Property for Public Highway Project WHEREAS, the City of Brookings is constructing an Interstate 29 Interchange, known as the I- 29 Exit 130 (20th Street South) Interchange Project (Number EM 0295(45)130 PCN O2OV), (referred to in this Resolution as the “Project”), which involves construction of a new public highway interchange. The Project consists of grading, bridge structures, lighting, asphalt, concrete surfacing, curb and gutter, storm sewer, engineering, right of way acquisition, utilities, and new access ramps. The Project is located on Interstate 29 (I-29), and includes portions of 20th Street South in the City of Brookings and over I-29; and 214th Street, from I-29 to 473rd Avenue in the County of Brookings; and WHEREAS, a portion of the construction of the Project will require the acquisition of additional land for right of way and construction, including control of access, borrow pits, cutslopes, fillslopes, impoundments, and channel changes, either by purchase or condemnation; and WHEREAS, the Project is scheduled for construction in 2022; and WHEREAS, acquisition of the land for right of way and temporary easements must be completed; and WHEREAS, the City of Brookings has been unable to acquire, by voluntary purchase or agreement, the rights of way, access control and temporary easements described below that are necessary for the construction of the Project; and WHEREAS, except as otherwise specially provided, whenever the governing body of any municipality shall deem it necessary to appropriate or damage any private property, either within or without the corporate limits of the municipality, for any purpose authorized by law, it shall, by a resolution passed by a two-thirds majority of all the members elected thereto, declare such appropriation necessary, stating the purpose and extent of such appropriation. Thereupon, the proceedings for such appropriation and condemnation shall be as provided by law and the rules of practice and procedure adopted by the South Dakota Supreme Court; and WHEREAS, SDCL § 9-27-1 authorizes a municipality to acquire real property for any purpose authorized by law; and WHEREAS, SDCL § 9-27-1 also provides that a municipality must, prior to commencing proceedings in eminent domain, determine that such appropriation is necessary; NOW THEREFORE, BE IT HEREBY RESOLVED: 1. That it is necessary to acquire the following rights of way, access control and temporary easements by condemnation in accordance with the provisions of SDCL Ch. 21-3 and Ch. 31-19, which may include filing Declarations of Taking pursuant to SDCL 31-19-23: {04286199.1} Right of Way: Lot H1 in Government Lot One (1) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, except 34th Avenue S. Right of Way, as shown on Attachment “B”. Said Lot H1 containing 1.25 acres (54450 sq. ft.), more or less. Lot H2 in Government Lot Two (2) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, except 34th Avenue S. Right of Way, as shown on Attachment “B”. Said Lot H2 containing 0.06 acres (2752 sq. ft.), more or less. Lot H1 in Government Lot Two (2) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, except Interstate 29 Right of Way therein, as shown on Attachment “B”. Said Lot H1 containing 6.58 acres (286695 sq. ft.), more or less. Lot H1 in the South One-half of the Northeast Quarter (S½NE¼) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, except Interstate 29 Right of Way therein, as shown on Attachment “B”. Said Lot H1 in the S½NE¼ containing 0.003 acres (157 sq. ft.), more or less. Description of the control of access: No access permitted to or from Construction Station 213+37.23-75.00’ R to Station 49+78.03-75.00’ R, following the proposed Right of Way boundary and as shown on Attachment “A”. Description of land to be acquired for temporary easements (“T.E.”): A parcel in Government Lots One (1) and Two (2), and the South One-half of the Northeast Quarter (S½NE¼) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, Except 34th Avenue S. Right of Way, as shown on Attachment “A”. Said T.E. containing 2.2 acres (97016 sq. ft.), more or less. 2. That this Resolution must be passed by a 2/3 majority of all the elected and appointed members of the City Council in order to become effective. Passed and approved on the 13th day of July, 2021. CITY OF BROOKINGS, SD ATTEST: Oepke G. Niemeyer, Mayor {04286199.1} Bonnie Foster, City Clerk C C C CCC C Bearing Length Chord Radius 1/4 LinePresent Interstate Highway No. 29Government Lot 1 L2 L3 C1 S 10°15'38" E S 76°24'52" W S 79°55'30" W 48.95' 345.62' 227.23' L1 N1/4 Cor. 6-109-49 N 180707.21 E 2817286.30 N 87°58'21" E 150.04' C2 L1 N 87°58'21" E 1119.84' 150'150'L8227.10'1925.00'L C1 L3 L4 L5L6L7S 03°19'43" E 33.01'1286.78'1286.79'L4 S 73°32'05" W 336.39' L5 S 07°59'15" W 227.41' L6 S 12°45'04" W 301.04' L7 S 07°59'15" W 404.64' C2 S 06°38'28" W 104.56'104.55'2225.00'L L8 N 03°19'43" W 1250.68' NE Cor. 6-109-49 N 180801.50 E 2819950.08 Present 34th Avenue S40'40'Section Line2515.41' N 87°58'21" E S 03°03'58" ES 03°03'58" EL13 L11 L12 L12 L13 S 02°01'55" E S 87°58'23" W 42.07' 1191.22' L11 N 87°58'21" E 1292.42' C4 S 86°28'21" W 100.83'100.82'1925.00'L S 87°58'23" W 40.00' S 02°01'55" E 75.07' Section Line Present 20th Street South Government Lot 2 S1/2 NE1/41/16 Line1/16 Line 155.90' N 86°47'33" E 837 Feet Property Line33' 33' 33' 33' SE1/4 33' 33' C4 L9 N 87°58'21" E 62.41' L10 S 02°33'37" E 44.71' C3 S 84°08'21" W 55.94'55.94'1925.00'L C5 S 04°40'17" W 48.41'48.41'2225.00'L L14 N 03°19'43" W 47.95' L15 N 86°47'33" E 6.74' 1/16 Line 144'156' Center 6-109-49 N 178137.32 E 2817423.96 1/4 Line 156' PLAT OF LOT H1 IN GOVERNMENT LOT 1; LOT H1 AND LOT H2 IN GOVERNMENT LOT 2; AND LOT H1 IN THE S1/2 OF THE NE1/4 BROOKINGS COUNTY, SOUTH DAKOTA Showing a parcel of land to be acquired for highway purposes for construction Project EM 0295(45)130 Scale: 1 inch = 300 feet PARCEL 7 Lot H1 - Government Lot 2 containing 6.58 ac. 286695 sq. ft. more or less N Note 1: The coordinates, bearings, distances and areas shown on this plat are based on the South Dakota State Plane Coordinate System Grid North - North Zone NAD 83/2011 epoch 2010.00 Geoid 18 SF 0.9999557940 Note 2: All monumentation will be set upon project completion. 038p Lot H1 - Government Lot 1 containing 1.25 ac. 54450 sq. ft. more or less Existing R.O.W. containing 1.94 ac. 84679 sq ft, more or less LEGEND = found R.O.W. corner = set R.O.W. corner = existing right of way = not used for boundary location(n) = found P.L.S.S. corner = set P.L.S.S. corner C = calculated corner = found property corner = set property corner Drawn By: Checked By: Date: Date: SURVEYOR'S CERTIFICATE OFFICE OF REGISTER OF DEEDS I, NATHAN W. NIELSON , Registered Land Surveyor, in and for the State of South Dakota, do hereby certify that as ordered by the South Dakota Department of Transportation the parcel of land as shown on this plat has been surveyed at my direction and under my control, and such parcel of land shall be hereafter known by the lot number designated herein. The location and dimensions of the parcel are shown on this plat. In witness whereof, I have hereunto set my hand and seal this ___________ day of ____________________________ , 20 ______ . Filed for record the _______ day of ____________________ , A.D., 20 ______ at ______________ M., and recorded in Book of Plats ________ on Page ______________ therein. State of South Dakota SS Registered Land Surveyor Registration No. 9924 JLU 01/19/2021 County of __________________________________________________ Deputy __________________________________________________ Register of Deeds by NWN 01/19/2021 020V in Government Lot 1, Government Lot 2, and the S1/2 of the NE1/4 of Section 6 - Township 109 North - Range 49 West of the 5th P.M., Exc. 34th Avenue S. Right of Way and Interstate 29 Right of Way therein SEE INSET B INSET B Scale: 1 inch = 100 feet Lot H1 - Government Lot 1 Lot H1 - Government Lot 2 Lot H2 - Government Lot 2 L2C1 L1 Lot H2 - Government Lot 2 containing 0.06 ac. 2752 sq. ft. more or less L9 L10C3 Gov Lot 2 Gov Lot 1 1/16 LineC4 L11 Section LinePresent 20th Street South 33' 33' INSET A Scale: 1 inch = 60 feet 1/16 Line 155.90' N 86°47'33" EPresent InterstateHighway 29S1/2 NE1/4 Gov Lot 2C2SEE INSET A C5L15 L14Lot H1 - S1/2 NE1/4 Lot H1 - S1/2 NE1/4 containing 0.003 ac. 157 sq. ft. more or less Lot H1 - Government Lot 2 Attachment B 45+00 50+00 55+00 60+00 65+00 40+00101+00105+00215+00220+00224+00320+00410+00415+00420+00520+00525+00PLOTTING DATE: FILE: INITIAL: REV DATE:...\Platinum Attachment A.dgn DAKOTA SOUTH STATE OF PROJECT SHEET SHEETS TOTAL EM 0295(45)130 Z16 07-12-2021 Proposed 20th Street S Present 34th Avenue SAttachment A Sec. 31-T110N-R49W Sec. 6-T109N-R49W Section Line1/4 LineSection Line1/16 LinePresent I-29 SouthboundPresent I-29 Northbound1/4 Line2.2 ac. (97016 sq ft), more or less Temporary Easement containing 213+37 (Ramp B) R to 63+36 R Parcel 7 40' Drive 54+60 R End New Control of Access Sta. 49+78.03 - 75.00' R 213+37.23-75.00' 213+37-95' 214+95 .36 -75 .00 '214+95-95 '75 .00 '219+00 .00 95 ' & 120 '218+50 100 .00 '222+00 .0040+87-118'100.00'40+72.5844+00.00-75.00'44+01-95'49+00-95'51+00-114'63+35.99-75.00'63+36-114' chain link fence Install 1,086' x 4' high 40+76, 75' R 213+36, 75' R (Ramp B) to chain link fence Install 623' x 4' high 40+76, 100' R to 46+87, 75' R Avenue S, and Interstate 29 Right of Way therein Range 49 West of the 5th P.M., Exc. 34th Ne1/4 of Section 6 - Township 110 North - Government Lots 1 & 2, and the S1/2 Parcel 7 Lake Platinum, LLC SCALE IN FEET 0 150 300 GOVERNMENT LOT 2 GOVERNMENT LOT 175.00'51+44.7675.00'47+45.79Proposed Control of Access Existing Control of AccessProposed Control of Access 35+0040+0045+0050+0055+0060+0065+00105+00215+00 220+00410+00 415+00 420+00325+00 520+00 525+00525+841+002+003+004+00Plotting Date:STATE OFSOUTHDAKOTASHEETTOTALSHEETSPROJECTEM 0295(45)130Plotting Date:BAI JOB # 23192-00Sec. 31 - T110N - R49WSec. 6 - T109N - R49WLake Platinum, LLCGovernment Lots 1 & 2, and the S1/2NE1/4 of Section 6 - Township 109 North- Range 49 West of the 5th P.M., Exc.34th Avenue S, and Interstate 29 Right ofWay thereinParcel 77.89 ac. R.O.W. Taking(344054 sq ft) more or lessProposed 20th Street SSection Line66'Property Line SE1/4GovernmentLot 2Present 20th Street SGovernmentLot 166'150'Property Line 520.43 Feet N33'33'07-08-2021Present Interstate Highway No. 29 Parcel 7213+37.23 (Ramp B) R to63+35.99 (20th St) RTemporary Easement containing2.2 ac (97016 sq ft) more or lessTemporary EasementRight-of-Way AcquisitionLEGENDExisting Control of AccessProposed Control of AccessCity Limits