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Home My WebLink About2021_10_12 CC PacketCity 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 Chambers5:00 PMTuesday, October 12, 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. 5:00 PM BUDGET STUDY SESSION 1.ID 21-0482 2022 Budget Workshop #3 Memo Outside Agency Funding Budget-in-Brief Attachments: 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 3.A. Action to approve the agenda. Page 1 City of Brookings October 12, 2021City Council Meeting Agenda - Final 3.B.ID 21-0481 Action to approve the September 28, 2021 City Council minutes. MinutesAttachments: 3.C.RES 21-081 Action on Resolution 21-081, a Resolution of Appreciation at the Conclusion of Work of the Complete Count Committee for the 2020 Census of the City of Brookings, South Dakota. ResolutionAttachments: 3.D.ID 21-0471 Action on Volunteer Board, Committee, and Commission appointments. 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5A.ID 21-0495 Proclamation: National Disability Employment Awareness Month, October 2021. ProclamationAttachments: 5.B. SDSU Student Association Report. 5.C. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 6. Contracts/Change Orders: 6.A.RES 21-083 Action on Resolution 21-083, a Resolution Awarding Bids on 2021-2022 Snow and Ice Removal Road Salt. Memo Resolution Snow Operations Plan Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.B.RES 21-084 Action on Resolution 21-084, a Resolution Awarding Bids on 2021-2022 Contractor Snow Removal Equipment Contracts. Memo Resolution Snow Operations Plan Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7. Ordinance First Readings: Page 2 City of Brookings October 12, 2021City Council Meeting Agenda - Final 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 21-035 Introduction and First Reading on Ordinance 21-035, an Ordinance Amending Sections 2-233 through 2-240 and pertaining to the Brookings Bicycle Advisory Committee and to Establish Revised Areas of Responsibility of the Brookings Park and Recreation Advisory Board. Second Reading: October 26, 2021. Memo Ordinance Attachments: 8. Public Hearings and Second Readings: 8.A.RES 21-082 Public Hearing and Action on Resolution 21-082, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On-Off Sale Wine License for Cottonwood Coffee Inc, dba Cottonwood Bistro, Jacob Limmer, owner, 1710 & 1712 6th Street, Brookings, SD, legal description: North 60 feet of the South 116 and the East 25 feet of the West 44 feet, also to include the patio area: North 37 feet of the South 116 feet and the East 15 feet of the West 19 feet, Lot 1, Brickwood Plaza Addition . Memo Resolution Operating Agreement Legal Notice Location Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call. 8.B.ID 21-0467 Public Hearing and Action on a request for an On-Off Sale Malt License for Cottonwood Coffee, Inc., dba Cottonwood Bistro, Jacob Limmer, owner, 1710 & 1712 6th Street, legal description: North 60 feet of the South 116 and the East 25 feet of the West 44 feet, also to include the patio area: North 37 feet of the South 116 feet and the East 15 feet of the West 19 feet, Lot 1, Brickwood Plaza Addition. Memo Legal Notice Location Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call. 8.C.ID 21-0478 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 Alumni Banquet to be held on October 22, 2021 at the SDSU Alumni Center Woster Celebration Hall, 815 Medary Ave. Page 3 City of Brookings October 12, 2021City Council Meeting Agenda - Final Memo Legal Notice Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call. 8.D.ORD 21-032 Public Hearing and Action on Ordinance 21-032, an Ordinance to Change the Zoning within the City of Brookings, rezoning a portion of Arbor Hill Addition from Residence R-3 Apartment District to Business B-2 District. Memo Ordinance Public Notice - City Council Public Notice - Planning Commission Planning Commission Minutes Application B-2 Zoning Excerpt Area Map Zoning Map Future Land Use Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call. Legislative History 9/28/21 City Council read into the record 8.E.ORD 21-033 Public Hearing and Action on Ordinance 21-033, an Ordinance to Change the Zoning within the City of Brookings, rezoning a portion of Reserve Addition from Residence R-3 Apartment District to Business B-3 Heavy District. Memo Ordinance Public Notice - City Council Public Notice - Planning Commission Planning Commission Minutes Application B-3 Zoning Excerpt Area Map Zoning Map Future Land Use Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call. Legislative History 9/28/21 City Council read into the record 8.F.ORD 21-034 Public Hearing and Action on Ordinance 21-034, an Ordinance to Permit by Conditional Use a woodworking shop in a Residence R-2 on the West Sixty-five (W 65’) Feet of Lot Six (6) and the West Sixty-five (W 65’) of the Page 4 City of Brookings October 12, 2021City Council Meeting Agenda - Final North Forty (N 40’) Feet of Lot Five (5), all in Block Four of the Original Plat to the Town, now City of Brookings, Brookings County, State of South Dakota, also known as 202 4th Street. Memo Ordinance Public Notice - City Council Public Notice - Planning Commission Planning Commission Minutes Application Major Home Occupation Checklist Aerial and Zoning Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call. Legislative History 9/28/21 City Council read into the record 9. Other Business: 9.A.RES 21-085 Action on Resolution 21-085, a Resolution for a Naming Rights Request for the Larson Ice Center Blue Rink. Memo Resolution Blue Rink Naming Request 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. Executive Session 11.A.ID 21-0493 Executive Session, pursuant to SDCL 1-25-2.1, for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor and pursuant to SDCL 1-25-2.3, for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending lititgation or contractual matters. Action: Motion to enter into Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote 12. Adjourn. Page 5 City of Brookings October 12, 2021City Council Meeting Agenda - Final Brookings City Council: Oepke Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Patty Bacon, Leah Brink, Joey Collins, Holly Tilton Byrne, Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org Assisted Listening Systems (ALS) are available upon request by contacting (605) 692-6281. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605) 692-6281 at least three working days prior to the meeting. Public Comment can be submitted: 1) via eComment on InSite (https://cityofbrookings.legistar.com/Calendar.aspx ), 2) Email your comments the City Clerk (bfoster@cityofbrookings-sd.gov ), or 3) participate via Zoom (contact the City Clerk for login access bfoster@cityofbrookings-sd.gov ). Thank you. Page 6 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0482,Version:1 2022 Budget Workshop #3 Summary: The City will host a series of budget workshops to ensure a transparent and engaging budget process. Budget Workshop #3 will focus on outside agencies and any specific City Council driven discussion. Recommendation: Budget Workshop #3 is informational and conversational in nature. The City Council is encouraged to ask questions and engage in discussion. Attachments: Memo Outside Agency Funding Budget-in-Brief City of Brookings Printed on 10/7/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jacob Meshke, Assistant City Manager Council Meeting: October 12, 2021 Subject: Budget Workshop #3 Person(s) Responsible: Paul Briseno, City Manager Jacob Meshke, Assistant City Manager Erick Rangel, Chief Financial Officer Summary: The City will host a series of budget workshops to ensure a transparent and engaging budget process. Budget Workshop #3 will focus on outside agencies and any specific City Council driven discussion. Background: The City of Brookings adopts a budget on an annual basis to set the strategic direction for the upcoming year. At the completion of the six (6) month development and adoption process, the budget serves as a policy tool, operations guide, financi al plan, and communications device. To ensure a transparent and engaging budget process, the City will hold a series of workshops. Budget Workshop #1 was held on September 14th and focused on budget context, a budget overview, operating budgets, and ou tside agencies. A second budget workshop was held on September 28th to discuss the 10-Year Capital Improvement Plan and the Consolidated Fee Schedule. A third workshop will be held on October 12th to discuss outside agency funding and any further budget discussion and clarification as desired by City Council. The first reading of the budget ordinance is scheduled for October 26 th. The second reading of the budget ordinance, adoption of the 10 -Year Capital Improvement Plan, and adoption of the Consolidated Fee Schedule is scheduled for November 9th. Staff has broken the budget down into four (4) primary components for City Council – General Fund, Special Revenue/Debt Service Funds, Enterprise Funds, and Capital Improvement Plan. The General Fund encompasses the primary City operations such as public safety, public works functions, and parks, recreation, and forestry, which contribute to Brookings high quality of life, strong neighborhoods, and safe and welcoming community. The 10-Year Capital Improvement Plan will show one-time purchases, generally over $25,000, over the upcoming 10-year window. Special revenue funds must be used for specific purposes which are legally restricted or committed. Enterprise funds are meant to operate in business manner focusing on cost recovery. A change for the 2022 budget process is timing. The City is taking advantage of a new state law which allows for delaying the budget process until later in the year. The additional time provides staff further opportunity to analyze revenue and expenditure trends, which allows for more accurate budget forecasting. The City of Brookings charges fees to offset operational expenses and ensure the financial sustainability of programs and services. Staff aggregated all City fees i nto the Consolidated Fee Schedule, which was adopted by City Council as part of the 2021 Budget process. As part of the annual budget process, staff completes a thorough review of all City fees to ensure they are up-to-date and aligned with the market. Item Details: Budget Workshop #3 will focus on outside agencies and any specific City Council driven discussion. Legal Consideration: None. Strategic Plan Consideration: The annual budget addresses all five (5) focus areas of Fiscal Responsibility; Saf e, Inclusive, Connected Community; Service and Innovation Excellence; Sustainability; and, Economic Growth as the budget serves as a policy tool, operations guide, financial plan, and communications device for all aspects of City operations. Financial Consideration: City staff will present balanced budgets which promote a sustainable future and help the community achieve its dreams. Options and Recommendation: Budget Workshop #3 is informational and conversational in nature. City Council is encouraged to ask questions and engage in discussion. Supporting Documentation: Outside Agency Funding Budget-in-Brief Description 2020 Funded 2021 Request 2021 Funded 2022 Request 2022 Rec Convention & Visitor Bureau 443,138$ 354,511$ 354,511$ 456,432$ 456,432$ Economic Development 210,875$ 215,000$ 178,700$ 215,000$ 215,000$ SDSU PACII 100,000$ 100,000$ 100,000$ 916,666$ 916,666$ Chamber 83,075$ 87,500$ 66,460$ 87,500$ 87,500$ Downtown -$ -$ -$ Downtown Music Event -$ -$ -$ Downtown Grant - Acceleration Program -$ -$ -$ Health System 25,000$ -$ -$ 100,000$ 100,000$ SDSU Student Visitor Promotion 10,000$ 50,000$ 20,039$ 50,000$ 25,000$ 4th of July Fireworks Display 10,000$ -$ 10,000$ 10,000$ 10,000$ Arts Commission 70,000$ 75,000$ 75,000$ 75,000$ 46,520$ Local Scholarship Fund*100,000$ Total Economic Development 952,088$ 882,011$ 804,710$ 1,910,598$ 1,957,118$ Description 2020 Funded 2021 Request 2021 Funded 2022 Request 2022 Rec Research Park at SDSU 146,250$ 175,000$ 117,000$ 175,000$ 150,000$ School District 195,000$ 195,000$ 195,000$ 207,200$ 195,000$ BATA 100,000$ -$ -$ BATA Grant Match-Bus 15,000$ -$ -$ Boys & Girls Club Capital Impv -$ -$ -$ Boys & Girls Club 75,000$ -$ -$ Humane Society (Contract)40,000$ -$ 40,000$ 40,000$ 40,000$ Arts Council 30,000$ 30,000$ 30,000$ 35,000$ 30,000$ East Central Behavioral Health 15,000$ -$ -$ Domestic Abuse Shelter 19,000$ -$ -$ Affiliated Organizations 4,000$ -$ -$ -$ Humanities Council 7,500$ -$ -$ 12,500$ 7,500$ Community Band 6,000$ 8,000$ 6,000$ 8,000$ 6,000$ Safe Ride 5,200$ -$ -$ Farmers Market 4,500$ -$ -$ 4,500$ 4,500$ County Youth Mentoring 6,000$ -$ -$ Empowerment Proj 2,500$ -$ -$ Crime Stoppers 2,000$ -$ -$ Drug Court 2,000$ -$ -$ -$ Social Service Agency Funding/United Way Process -$ 220,000$ 225,486$ 240,000$ 240,000$ Total Social Services/City Related 674,950$ 628,000$ 613,486$ 722,200$ 673,000$ Total All Funds 1,627,038$ 1,510,011$ 1,418,196$ 2,632,798$ 2,630,118$ * Proposed to be funded through the use of reserves Outside Agency Funding Comparison BBB/CIP/BID/Reserve Funded General Fund ELECTED OFFICIALS CITY MANAGER CITYWIDE STAFFING Mayor - Oepke “Ope” Niemeyer Council Member - Leah Brink Deputy Mayor - Nick Wendell Council Member - Holly Tilton Byrne Council Member - Patty Bacon Council Member - Wayne Avery Council Member - Joey Collins Paul Briseno 2022 BUDGET IN BRIEF FINANCEHUMAN RESOURCESPOLICE DEPARTMENTNON-DEPARTMENTAL EXPENDITURES FURTHER REDUCED PUBLIC WORKS DEPARTMENT CREATED GENERAL FUND INCREASE 2022 BUDGET ADDED THREE 911 DISPATCHERS – Engineering Division – Street Division – Solid Waste Division – $640k increase from 2021 • Improving economy from COVID downturn – 2022 Budget total is over $1 million less than 2021 – Funds moved to appropriate departments – Improves financial understanding and accountability – Recommendation as part of staffing analysis – Supported by E-911 Board BUDGET HIGHLIGHTS 4 54 5 CITY CLERKLIQUOR STORECOMMUNITY DEVELOPMENTPUBLIC WORKSLIBRARYFIRE DEPARTMENTPARKS, REC., FORESTRY5 1.5 CITY MANAGER4 8.5 32 10 22 4 150 EMPLOYEES $ $ S U S T A I NABILITY INN O VATIV E & S E RVI CE OF EXCELLENCEECONOMIC GROWTHFISCAL RESPONSIBILITY S A F E , I N C L U SIVE & CONNECTED COMMUNITYThe City of Brookings adopts a budget on an annual basis to set the strategic direction for the upcoming year. The budget serves as a policy tool, operations guide, financial plan, and communications device while aligning with City Council’s five (5) focus areas. BROOKINGS BUDGET BRING YOUR DREAMS. BUDGET SUMMARY GENERAL FUND REVENUE General Fund Revenue Total Budget $17,469,752 $52,780,431 General Fund Expenditures $17,469,752 CAPITAL IMPROVEMENT $9.3 M 18% SPECIAL REVENUE ENTERPRISE GENERAL FUND 16% 33%33% $ $ $ $8.7 M $17.4 M $17.5 M SALES TAX PROPERTY TAX TRANSFERS INTERGOVERNMENTAL DEPARTMENTAL OTHER $ 17,469,752 HOW EACH IS SPENT $25% Public Works42% 21% 20% 4% 7% 6% GENERAL FUND EXPENDITURES 7% Library3% Other4% Appropriations/Subsidies19% Parks, Rec. & Forestry14% Finance & Administration24% Police5% FirePROJECTS CITY $769 COUNTY $1,251 SCHOOLS $2,790 16% 26% 58% $300,000 HOME with $4,810 in TAXES I  S H OPPING IN WHERE DO PROPERTY TAXES GO?DID Y O U KNOW? Street Overlay and Chip Seal McClemans Park Playground Equipment Library Facility Improvement Fire Engine 2 Motor Grader Street Sign Truck Patrol SUV 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 21-0481,Version:1 Action to approve the September 28, 2021 City Council minutes. Attachments: 09/28/2021 Minutes City of Brookings Printed on 10/7/2021Page 1 of 1 powered by Legistar™ Brookings City Council September 28, 2021 (unapproved) The Brookings City Council held a meeting on Tuesday, September 28, 2021 at 5:00 PM, at the Brookings City & County Government Center, Chambers, with the following City Council members present: Mayor Oepke Niemeyer, Council Members Leah Brink, Holly Tilton Byrne, Nick Wendell, Joey Collins, and Wayne Avery. Absent: Council Member Patty Bacon. City Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster were also present. 5:00 PM 2022 BUDGET STUDY SESSION #2 Paul Briseno, City Manager, and Jake Meshke, Assistant City Manager, provided an overview of the proposed 2022 Capital Improvement Plan, Outside Agency Funding, and potential Scholarship Program for the City Council and public. 6:00 PM REGULAR MEETING Consent Agenda. A motion was made by Council Member Brink, seconded by Council Member Wendell, to approve the Consent Agenda. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Wendell, Tilton Byrne, Collins, and Avery; Absent: 1 - Bacon. 3.A. Action to approve the agenda. 3.B. Action to approve the September 14, 2021 City Council Minutes. 3.C. Action on appointments to the Brookings Health System Board of Trustees: appoint Tracy Greene (term expires 1/1/2025); reappoint Dick Peterson and Dr. Andrew Ellsworth (terms expire 1/1/2025). 3.D. Action on Resolution 21-074, a Resolution Authorizing the City Manager to Sign Documents for an American Rescue Grant (ARG) for the Brookings Regional Airport. Resolution 21-074 - A Resolution Authorizing the City Manager to Sign Documents for a ARG 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 American Rescue Grant (ARG) 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 ARG Grant. 3.E. Action on Resolution 21-078, a Resolution Authorizing Change Order No. 1(Final) for 2021-06STI, Chip Seal Project; Topkote, Inc. Resolution 21-078 - Resolution Authorizing Change Order No. 1 (Final) for 2021-06STI Chip Seal Project; Topkote, Inc. Be It Resolved by the City Council that the following change order be allowed for 2021-06STI, Chip Seal Project: Construction Change Order Number 1 (Final): Adjust plan quantities to as-constructed quantities for a total increase of $4,957.28 to close out the project. Introduction of new City employee. Dan Kriese, new Deputy Fire Chief, was introduced to the City Council and public. Proclamation. Mayor Niemeyer presented a Proclamation to Mark Sternhagen recognizing him as an Outstanding Individual with a Disability. Mark is a recipient of the 2021 Governor's Awards for Outstanding Individual with a Disability. Mayoral Proclamation Whereas, Mark Sternhagen will be recognized as South Dakota’s Outstanding Individual with a Disability at the 2021 Governor’s Award Ceremony on October 5, 2021; and Whereas, Mark taught for 32 years at South Dakota State University, wrote two books sharing his personal experience with the polio epidemic, and is a local business owner; and Whereas, Mark has been a valued friend and generous mentor to many; and Whereas, Mark is a passionate vaccination advocate who has used numerous public platforms to encourage others to stop the spread of preventable diseases; and Whereas, Mark has been an active member on the Governing Board of Directors for LifeScape since 2014 and the Brookings Disability Awareness Committee since 2019. Now, Therefore, Be It Resolved, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim October 5, 2021 as: Mark Sternhagen Day. Proclamation. Mayor Niemeyer presented a Proclamation celebrating the Brookings Lions Club 70 years of service to the Brookings area. Mayoral Proclamation Whereas, the Brookings Lions Club is celebrating 70 years of service and is part of the 1.4 million members of Lions Club International; and Whereas, in the past decade, the Brookings Lions Club fundraising efforts have led to over $125,000 in support to the Brookings area; and Whereas, the Brookings Lions Club has provided nearly $25,000 in the last decade for vision and hearing support for needy area residents; and Whereas, the Brookings Lions Club initiated the KidSight Program in Brookings, and purchased $8,000 of equipment used every year to screen approximately 1,000 school age children for vision issues; and Whereas, the Brookings Lions Club has provided in the last decade over $40,000 to local charities; and Whereas, the Brookings Lions Club has contributed toward the development of Lions Park, and donated $5,000 toward handicap accessible playground equipment, as well as over $7,000 for picnic shelters and lighting at Hillcrest Park; and Whereas, after COVID-19 prevented fundraising activities in 2020, local members personally donated over $7,800 to support our community. Now, Therefore, Be It Resolved that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim October 4, 2021 as: Brookings Lions Club Day. 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. Resolution 21-079. A motion was made by Council Member Wendell, seconded by Council Member Collins, that Resolution 21-079, a Resolution Approving an Audit Services Agreement between the City of Brookings, South Dakota and Eide Bailly, LLP, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Wendell, Tilton Byrne, Collins, and Avery; Absent: 1 - Bacon. Resolution 21-079 - A Resolution Approving an Audit Services Agreement between the City of Brookings, South Dakota and Eide Bailly LLP Whereas, the City of Brookings has completed a Request for Proposals process to obtain competitive proposals for annual independent financial audit services for years 2021, 2022 and 2023; and Whereas, Bergan KDV, BKD CPAs and Advisors, CliftonLarsonAllen, Eide Bailly, and Wholenberg, Ritzman & Co. submitted proposals in response to the Request for Proposals for annual independent financial audit services; and Whereas, the City of Brookings established a Request for Proposal procedure which included a Selection Committee to evaluate firms offering to provide annual independent financial audit services; and Whereas, following the consideration of written responses and presentations, the Selection Committee recommends that the City engage Eide Bailly LLP to provide annual independent financial audit services; and Whereas, Eide Bailly LLP is engaged, among other areas of expertise, in the business of providing local government independent financial audit services, and currently provides annual independent financial audit services for Brookings Municipal Utilities and Brookings Health System; and Whereas the City desires to engage Eide Bailly LLP and Eide Bailly LLP desires to accept the engagement, to provide annual independent financial audit services for the City of Brookings pursuant to the terms and conditions set forth in the Engagement Letter; and Whereas, the City and Eide Bailly LLP intend to work in mutual accord in order to ensure accuracy and transparency in the preparation of the City’s Annual Comprehensive Financial Reports, thereby enhancing the public’s trust in the City’s fiscal policies and financial management practices. Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota: a. That an Engagement Letter between the City of Brookings, Sout h Dakota and Eide Bailly LLP is hereby approved; and b. The City Manager is authorized to sign the Engagement Letter after it is executed by Eide Bailly LLP. FIRST READING - Ordinance 21-032. Introduction and First Reading was held on Ordinance 21-032, an Ordinance to Change the Zoning within the City of Brookings, rezoning a portion of Arbor Hill Addition from Residence R-3 Apartment District to Business B-2 District. Public Hearing: October 12, 2021. FIRST READING – Ordinance 21-033. Introduction and First Reading was held on Ordinance 21-033, an Ordinance to Change the Zoning within the City of Brookings, rezoning a portion of Reserve Addition from Residence R-3 Apartment District to Business B-3 Heavy District. Public Hearing: October 12, 2021. FIRST READING – Ordinance 21-034. Introduction and First Reading was held on Ordinance 21-034, an Ordinance to Permit by Conditional Use a woodworking shop in a Residence R-2 on the West Sixty-five (W 65’) Feet of Lot Six (6) and the West Sixty-five (W 65’) of the North Forty (N 40’) Feet of Lot Five (5), all in Block Four of the Original Plat to the Town, now City of Brookings, Brookings County, State of South Dakota, also known as 202 4th Street. Public Hearing: October 12, 2021. Revised Preliminary Plat. A motion was made by Council Member Wendell, seconded by Council Member Avery, that a Revised Preliminary Plat for Lots 1 - 10, Block 5 in Arbor Hill Addition be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Wendell, Tilton Byrne, Collins, and Avery; Absent: 1 - Bacon. Resolution 21-075. A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, that Resolution 21-075, a Resolution Adopting Fees for Medical Cannabis Establishment Licenses in the City of Brookings, SD, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Wendell, Tilton Byrne, Collins, and Avery; Absent: 1 - Bacon. A motion was made by Council Member Avery to increase the establishment license fee to $20,000, with other fees remaining as is. Motion failed due to lack of a second. Resolution 21-075 - A Resolution Adopting Fees for Medical Cannabis Establishment Licenses in the City of Brookings, South Dakota Whereas, the City of Brookings desires to adopt a Fee Schedule for medical cannabis establishment licenses issued by the City of Brookings, now therefore Be It Resolved by the City Council of the City of Brookings, South Dakota, that the following medical cannabis establishment license fees are established for the City of Brookings, South Dakota: License Fee Application fee for medical cannabis establishment license $5,000.00 Initial medical cannabis establishment license fee $5,000.00 Renewal fee for medical cannabis establishment license $5,000.00 Late renewal fee for medical cannabis establishment license $1,000.00 Resolution 21-080. A motion was made by Council Member Brink, seconded by Council Member Collins, that Resolution 21-080, a Resolution Adopting the Consolidated Fee Schedule, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Wendell, Tilton Byrne, Collins, and Avery; Absent: 1 - Bacon. Resolution 21-080 - Resolution Adopting the Consolidated Fee Schedule Whereas, the adopted Municipal Code and City Policies make references to fees charged; and Whereas, it is prudent that the fees be reviewed for cost effectiveness. Now, Therefore, Be It Resolved, that the City of Brookings hereby adopts the following Consolidated Fee Schedule as defined in the attached schedule. Fee Resolution No. City Code Fee Previous Fee Percent Change MEDICAL CANNABIS Application Fee for Medical Cannabis Establishment License $5,000.00 NEW N/A Initial Medical Cannabis Establishment License Fee $5,000.00 NEW N/A Renewal Fee for Medical Cannabis Establishment License $5,000.00 NEW N/A Late Renewal Fee for Medical Cannabis Establishment License $1,000.00 NEW N/A PLANNING & ZONING Street Light Flag and Banner Program Application Fee $20.00 NEW N/A Fee if City Staff are required to remove banners (e.g. beyond term expiration, damaged banners, etc.) PER HOUR $100.00 NEW N/A Fee if City Staff are required to remove flats (e.g. beyond term expiration, damaged flags, etc.) PER HOUR $40.00 NEW N/A POLICE Moving of Structure Per Unit (officer and patrol car) – two hour minimum per unit 19-075 Sec. 22- 223 $60.00 $50.00 20% Resolution 21-076. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 21-076, a Resolution Creating Boundaries of Tax Increment District Eleven (11), be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Wendell, Tilton Byrne, Collins, and Avery; Absent: 1 - Bacon. Resolution 21-076 - Resolution Providing for the Creation of Tax Increment Financing District Number Eleven (11), City of Brookings Whereas, the Planning Commission has recommended the District Boundaries for Tax Increment Financing District Number Eleven, City of Brookings, and has recommended its creation; and Whereas, the City of Brookings has the powers, pursuant to SDCL 11 -9-2, to create Tax Increment Financing District Number Eleven, City of Brookings, and to define its boundaries. Now, Therefore, It Is Hereby Resolved: 1. Authority and Declaration of Necessity. The City of Brookings declares the necessity for the creation of Tax Increment Financing District Number Eleven, City of Brookings (hereinafter sometimes referred to as the “District”), pursuant to SDCL Chapter 11-9. Further, the City finds that the improvement of the area within the District is likely to enhance significantly the value of substantially all of the other real property in the District and is necessary for economic development within the city. 2. Findings of Blight. The City Council makes the following findings with regard to blight: a. More than 25% of the property in the District is a blighted area; b. Improvements to the District will significantly and substantially enhance the value of all property within the District; c. A majority of the property within the District which is suitable for development is currently unplatted and not serviceable with public infrastructure; d. The aggregate assessed value of the District plus the tax incremental base of all other existing Districts in the city does not exceed Ten (10%) percent of the total assessed valuation in the City. e. The District is predominantly open bare land void of site improvements, that impairs the sound growth of the City. f. There exist inadequate street layouts and storm sewer which retard the provision of economic accommodations. g. The District constitutes a blighted area as defined in SDCL Chapter 11 -9. 3. Findings of Maximum Percentage of Tax Increment Financing Districts. The aggregate assessed value of the taxable property in the District, plus all other tax incremental districts, does not exceed Ten (10%) percent of the total assessed valuation of the City of Brookings. 4. Creation of District. There is hereby created, pursuant to SDCL Chapter 11-9, Tax Increment Financing District Number Eleven, City of Brookings. The District is hereby created on the day this Resolution becomes effective, which shall be twenty days after publication of this Resolution. 5. Designation of District boundaries. The District shall be located with the boundaries of the following described real property:  N 1780’ of NE ¼ EXC E 375’ & EXC Platted Areas in Section 2 -T109N- R50W and abutting roads rights-of-way, City of Brookings, Brookings County, State of South Dakota  Block 3A, Prairie Hills Addition and abutting road rights-of-way, City of Brookings, Brookings County, State of South Dakota  Lot 2, Block 1, Prairie Hills Addition and abutting road rights-of-way, City of Brookings, Brookings County, State of South Dakota \  Block 1, Trail Addition and abutting road rights-of-way, City of Brookings, Brookings County, State of South Dakota  N 490’ of Block 2, Trail Addition and abutting road rights-of-way, City of Brookings, Brookings County, State of South Dakota  Substation Addition and abutting road rights-of-way, City of Brookings, Brookings County, State of South Dakota  Block 3, McClemans Addition and abutting road rights-of-way, City of Brookings, Brookings County, State of South Dakota  NW ¼ of NW ¼ Exc Platted Areas in Section 1-T109N-R50W and abutting road rights-of-way, City of Brookings, Brookings County, State of South Dakota  Block 1, Nelson Fifth Addition and abutting road rights -of-way, City of Brookings, Brookings County, State of South Dakota 6. Creation of Tax Incremental Fund. There is hereby created, pursuant to SDCL 11-9-31, a City of Brookings Tax Increment Financing District Number Eleven Fund, which shall be a segregated asset account. All tax increments collected pursuant to Tax Incremental District Number Eleven shall be deposited into the Tax Increment Financing District Number Eleven Fund. All funds in the Tax Increment Financing District Number Eleven Fund shall be used solely for those purposes expressly stated and reasonably inferred in SDCL Chapter 11-9. Resolution 21-077. A motion was made by Council Member Brink, seconded by Council Member Collins, that Resolution 21-077, a Resolution to Adopt Tax Increment District Number Eleven Project Plan, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Wendell, Tilton Byrne, Collins, and Avery; Absent: 1 - Bacon. Resolution 21-077 - Resolution Approving Tax Increment Financing District Number Eleven (11), City of Brookings Project Plan Whereas, the Brookings Planning Commission has recommended the approval of the Tax Increment Financing District Number Eleven Project Plan, City of Brookings; and Whereas, the City Council finds that all requirements have been met in order to approve said Tax Increment Plan. Now, Therefore, Be It Resolved by the City Council 1. Approval of Project Plan. The project plan, a copy of which is on file with the City Finance Officer hereby approved. 2. Findings. The City Council finds that the project plan is feasible and that it conforms to the City’s master plan. All findings made in the tax increment financing project plan are included herein by reference. 3. Effective 20 days after publication. This resolution shall become effective 20 days after publication and absent any challenge at law all findings and conclusions in the Tax Increment Financing Project Plan for Tax Increment Financing District Number Eleven, City of Brookings shall be final. City of Brookings Progress Report. Jacob Meshke, Assistant City Manager, provided a progress report highlighting the City’s activities/projects. City Council Member Introduction of Topics for Future Discussion. A motion was made by Council Member Wendell, seconded by Council Member Collins, to hold a third Budget Study Session. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Wendell, Tilton Byrne, Collins, and Avery; Absent: 1 - Bacon. Adjourn. A motion was made by Council Member Collins, seconded by Council Member Wendell, that the meeting be adjourned at 6:59 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 #:RES 21-081,Version:1 Action on Resolution 21-081, a Resolution of Appreciation at the Conclusion of Work of the Complete Count Committee for the 2020 Census of the City of Brookings, South Dakota. Summary: This Resolution will dissolve the Complete Count Committee, discharging the members from their duties. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 10/7/2021Page 1 of 1 powered by Legistar™ Resolution 21-081 A Resolution of Appreciation at the Conclusion of Work of the Complete Count Committee for the 2020 Census of the City of Brookings, South Dakota Whereas, the United States conducted a complete census of its population during the 2020 Census; and Whereas, the City of Brookings has a vested interest in achieving a complete and accurate count of its population during the 2020 Census; and Whereas, the input and support of individuals and organizations actively engaged with groups at risk for undercounting in the City of Brookings was necessary to achieve a complete count; and Whereas, a Complete Count Committee was formed to bring together individuals from throughout the city committed to achieving a complete census count , and Whereas, the Complete Count Committee has successfully completed its work with respect to the 2020 Census, and deserves the thanks and appreciation of the City Council and Brookings Community; Now, Therefore, Be It Resolved by the City Council of the City of Brookings that the Brookings Complete Count Committee, consisting of Members Cara Beers, Benda Berseth, Cyndy Boesch, Former Mayor Keith Corbett, Heidi Gullickson, Robert Hill, Kristi Larsen, Mike Lockrem, Brian Lueders, LeeAnn Pierce, Cami Powers, Mike Struck, Emily Toms and David Wiltse, are hereby thanked for their service to the Complete Count Committee and to the community of Brookings for a job well done. Furthermore, the Complete Count Committee Members are discharged from their duties and the Committee is hereby dissolved. Passed and approved on the 12th day of October, 2021. CITY OF BROOKINGS, SD 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 #:ID 21-0471,Version:1 Action on Volunteer Board, Committee, and Commission appointments. Summary: Mayor Niemeyer has submitted the following appointment recommendations for City Council advice and consent: Brookings Disability Awareness Committee Number of positions:2 (1 - College Student Representative) Term Length:3 years (1-year for College Student Representative) 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 Isamael Collazo (regular member position) 2.Appoint Alyssa Gentile (College Student Representative) Sustainability Council Number of positions:1 (College Student Representative) Term Length:1 year 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 Samuel Krueger Recommendation: Staff recommends approval. City of Brookings Printed on 10/7/2021Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0495,Version:1 Proclamation: National Disability Employment Awareness Month, October 2021. Summary: Members of the Brookings Disability Awareness Committee will be accepting the Proclamation. Attachments: Proclamation City of Brookings Printed on 10/8/2021Page 1 of 1 powered by Legistar™ MAYORAL PROCLAMATION CITY OF BROOKINGS, SOUTH DAKOTA WHEREAS, National Disability Employment Month is commemorating its 76th anniversary of educating about disability employment issues and celebrate the many and varied contributions of America's workers with disabilities, WHEREAS, NDEAM is led by the U.S. Department of Labor's Office of Disability Employment Policy, but its true spirit lies in the many observances held at the grassroots level across the nation every year. Employers of all sizes and in all industries are encouraged to participate in NDEAM. WHEREAS, Workplaces welcoming of the talents of all people, including people with disabilities, are a critical part of our efforts to build an inclusive community and strong economy. NOW, THEREFORE, I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim October 2021 as NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH And I call upon employers, schools and other community organizations in Brookings to observe this month with appropriate programs and activities, and to advance its important message that people with disabilities are equal to the task throughout the year. IN WITNESS WHEREOF, I have placed the Seal of the City of Brookings, State of South Dakota, this 12th day of October, 2021. Oepke G. Niemeyer, Mayor City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 21-083,Version:1 Action on Resolution 21-083, a Resolution Awarding Bids on 2021-2022 Snow and Ice Removal Road Salt. Summary: The City uses road salt as part of the snow and ice removal process. This resolution will award the 2021-2022 road salt bid based on best pricing available. The low bid of $72.90/ton is a 1.50% decrease from the 2020-2021 road salt price. Background: The City uses road salt as part of the snow and ice removal process. The City collaborates with Brookings County on the annual road salt order to take advantage of economies of scale and cost savings. Between 2016 to 2021, the price per ton of road salt has ranged from $61.45 to $89.25. Mining and transportation costs are the largest factors in determining the annual price per ton of road salt. Bidding on an annual basis promotes receiving the most competitive pricing. Fiscal Impact: City budget is $62,820. Recommendation: Staff recommends approval Memo Resolution Snow Operations Plan City of Brookings Printed on 10/7/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jeremy Linstad, Street Manager Council Meeting: October 12, 2021 Subject: Awarding Bids on Road Salt Person(s) Responsible: Jacob Meshke, Assistant City Manager Summary: The City uses road salt as part of the snow and ice removal process. This resolution will award the 2021-2022 road salt bid based on best pricing available. The low bid of $72.90/ton is a 1.50% decrease from the 2020-2021 road salt price. Background: The City uses road salt as part of the snow and ice removal process. The City collaborates with Brookings County on the annual road salt order to take advantage of economies of scale and cost savings. Between 2016 to 2021, the price per ton of road salt has ranged from $61.45 to $89.25. Mining and transportation costs are the largest factors in determining the annual price per ton of road salt. Bidding on an annual basis promotes receiving the most competitive pricing. Item Details: The City opened bids for road salt on Tuesday, September 28, 2021 at 1:30 pm at the City & County Government Center. Four responses were received: 1. Blackstrap – $72.90/ton 2. Johnson Feed – $79.00/ton 3. Compass Minerals – No Bid 4. Morton Salt – No Bid $72.90 is a 1.50% decrease from the 2020-2021 road salt price of $74.00 per ton. Legal Consideration: None. Strategic Plan Consideration: Fiscal Responsibility, Service and Innovation Excellence, and Sustainability: Snow and ice removal furthers Brookings’ mission of providing a high quality of life for its citizens through proactive, fiscally responsible municipal government. Effective snow and ice removal also supports the tenant of economic development through safe and efficie nt business travel. Financial Consideration: City budget is $62,820. 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 Snow Operations Plan Resolution 21-083 Resolution Awarding Snow and Ice Removal Road Salt Whereas, the City of Brookings opened bids for Snow and Ice Removal Road Salt on Tuesday, September 28, 2021 at 1:30 pm at Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids: Blackstrap, Inc., Neligh, NE, $72.90/ton Johnson Feed, Canton, SD, $79.00/ton Compass Minerals, Overland Park, KS, No Bid Morton Salt, Chicago, IL, No Bid Now Therefore, Be It Resolved the bid for Snow and Ice Removal Road Salt be awarded to Blackstrap, Neligh, NE in the amount of $72.90/ton. Passed and approved this 12th day of October, 2021. CITY OF BROOKINGS ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk CITY OF BROOKINGS SNOW / ICE REMOVAL OPERATION PLAN Version: November 2019 A. INTRODUCTION B. GENERAL POLICY STATEMENTS C. STORM CLASSIFICATIONS D. IMPLEMENTATION PROCEDURES 1. WEATHER/STORM DECISIONS 2. PERSONNEL NOTIFICATION/RECALL 3. DECLARATION OF EMERGENCY ROUTE SNOW ADVISORY/ SNOW ALERT E. SNOW ROUTES, AREAS, PRIORITIES AND RESPONSIBILITIES 1. CITY OF BROOKINGS 2. CONTRACTORS F. SNOW/ICE REMOVAL POLICIES AND PROCEDURES 1. EMERGENCY SNOW ROUTE TICKET/TOWING PROCEDURES 2. DE-ICER AND ABRASIVE APPLICATION 3. MEDIA INTERFACE 4. ACCIDENTS G. STAFF AND EQUIPMENT ASSIGNMENTS H. PRE-WINTER SEASON PREPARATION 1. SAFETY TRAINING 2. OPERATOR TRAINING/CERTIFICATION 3. EQUIPMENT PRE-INSPECTION AND CALIBRATION I. POST OPERATIONS PROCEDURES A. INTRODUCTION: 1. The purpose of the Snow and Ice Removal Operation Plan is to provide all personnel who are involved in snow and ice removal, and the public a single source of information which clearly defines the City of Brookings’s policies and procedures in all snow and ice operations. 2. Snow and Ice operations will be accomplished as expeditiously as possible in conjunction with the priorities outlined in this plan due to public safety and economic impact 3. The Snow and Ice season in Eastern South Dakota can begin as early as October and terminate as late as late-April. The rate of accumulation of snowfall or icing is affected by atmosphere temperature, pavement temperature, moisture content, wind direction and velocity, and intervals between storms. Each storm is unique, and conditions may vary across the city. Therefore, while this plan tries to cover the major operations during a Snow and Ice storm, it must be recognized that there must be sufficient flexibility within the plan to provide differences and or contingencies in order to respond effectively to actual conditions. B. GENERAL POLICY STATEMENTS: 1. The policy of the City of Brookings is to clear Emergency Snow Routes and Public Safety Facilities of snow and ice as expeditiously as practicable within the City’s area of responsibility during and following every storm through the use of equipment and applicable materials 2. Snow and Ice control operations on all roads will be prioritized based on immediate need for the public safety. Emergency snow routes will be given the first priority for plowing and de-icing during and after a storm. The intent is for all Emergency Snow Routes to be kept open when possible. Emergency routes are shown in RED on the Snow Removal Map. a. No parking shall be permitted upon any portion of an Emergency Snow Route where two (2) or more inches of snow have fallen in any 24-hour period until such Emergency Snow Route has been cleaned of snow from curb to curb. Any vehicles parked upon an Emergency Snow Route shall be subject to ticketing and towing. 3. Snow removal and de-icing operations at the end of the storm, or during times deemed necessary will be shifted to non-emergency main artilleries and collector roads within city limits. These are shown in GREEN and BLUE on the Snow Removal Map 4. At the end of the precipitation event, snow removal and de-icing operations will be shifted to all remaining residential streets, cul-de- sacs and alley ways within city limits. 5. The downtown core area will be cleared during or after emergency route removal operations are complete or as manpower and equipment resources become available. This is typically done between the early morning hours of 1:00am – 7:00am. It is important for sidewalk snow and ice removal operations be completed prior to street snow and ice removal operations. (see Sec. 74-2) This ensures that the work has to be done only one time per storm. 6. All other sidewalks are to be maintained by the adjacent property owners per City Code. a. Sec. 74-211. Duty of owner or occupant. It shall be the duty of the owner or occupant or person in possession or in charge of any lot, parcel or plat of ground fronting or abutting any sidewalk, to keep such sidewalk free and clear from snow and ice at all times. When it is impossible to clear snow and ice from a sidewalk because it is frozen to the sidewalk, the owner, occupant, or person in possession or in charge of such lot shall sprinkle or spread some suitable material upon the same to prevent the walk from becoming slippery and dangerous to travel upon. b. Sec. 74-2 Deposits in rights-of-way; exception for sidewalk snow removal in central business district. It is unlawful for any person to shovel or deposit snow, leaves, material or other substances of any king and description from private property onto any public street, alley or public right of way. Such conduct or action is declared to be a nuisance. This section however, does not prohibit the placement of snow from a sidewalk in the central business district in the curb area of the street where no boulevard or other property exists to place snow from the sidewalk. 7. Snow removal and de-icing operations will not be undertaken in alleys unless there are snow accumulations in excess of 4” or ice accumulations in excess of ½” as verified by Street Department staff. 8. A Winter Storm Alert can only be declared by the Street Superintendent, Acting Street Superintendent, or in their absence, the Chief of Police or the City Manager. Notice of a Winter Storm Alert will be given by posting on the City Cable Television Channel, and by issuance of a notification to the public via print, website, social media and other digital materials. In the event of a declaration of a Storm Alert, the Police will ticket or tow vehicles located on all Emergency Snow Routes as necessary to expedite the Snow and Ice removal operations. 9. City personnel will not clear plowed-in driveways. Clearing driveways is the citizens’ responsibility. The plowing operation produces a continuous windrow of snow, and by its nature is expected to block some citizens’ cleared driveways when there is significant snow accumulated in the street. 10. The Street Superintendent may provide the media with Snow/Ice removal updates during and after storm operations to keep the public informed of the conditions of the roads. The City Snow Hotline, telephone number 696-7669, and may be called for updates on City Snow removal operations. C. STORM CLASSIFICATIONS: 1. Each Snow or Ice storm will be unique and vary in intensity, duration and total precipitation. This section will apply a basic classification system to assist in establishment of priorities of equipment, material manpower, and a management system for implementation in all Snow and Ice removal operations. The storm classification system will utilize an estimated total expected snowfall for snow and total ice glazing for ice storms. This information will come from multiple weather sources including; NOAA, Keloland and the National Weather Service. 2. Classes of Storms: Class 1: 0” – 2” a. Class 1 storm is defined as a storm with accumulations of two inches or less, which in most cases will only require light plowing and treating of pavement with applicable materials. All controls and reporting of when the decision is made to proceed with snow and ice removal operations will be managed by the Street Superintendent. During a Class 1 storm City crews will handle snow removal or deicing operations. Contractors will not be activated. Class 2 Storm: 2”- 6” Emergency Route Snow Advisory b. Class 2 is defined as a storm of moderate to heavy snowfall with estimated range of two - six inches. A Class 2 storm will cause an issuance of an emergency route snow advisory. During a Class 2 storm event there is no parking on Emergency snow routes. Those routes will be given the first priority for plowing and de- icing. The intent is for all Emergency Snow Routes to be kept open when possible. A Snow Alert is possible if the actual conditions warrant. All controls and reporting of when and what equipment will be implemented for snow and ice removal operations will be managed by the Street Superintendent. During a Class 2 Storm, the Street Superintendent may use City crews within all departments or decide to activate contractors to plow their designated areas. Class 3 Storm: 6”+ , Snow Alert c. Class 3 storm is defined as a storm of extremely heavy snow of six inches or more occurring in a period of 24 hours or less. This type of storm will cause life threatening conditions to occur. When weather forecasts indicate that a Class 3 storm is imminent all appropriate city equipment will be mobilized immediately. The Street Superintendent, Acting Street Superintendent, or in their absence, the Chief of Police or the City Manager, will declare a Snow Alert. At that time a Parking ban on all City streets will be implemented and enforced. The declaring official shall make the appropriate media notifications of the Snow Alert. Parking ban on all City streets will be enforced. A class 3 storm will activate all contactors to plow their designated areas. d. Ice Storms. All Ice Storms will be rated as a Class 1 type storm. Ice Storms will cause an immediate threat to the public safety. If an Ice Storm is forecast as imminent or otherwise develops, the City will follow Class 1 procedures. D. IMPLEMENTATION PROCEDURES: 1. Weather/Storm Decisions: a. During normal duty and non-duty hours the key personnel (Street Superintendent or their designees) involved in Snow and Ice control will monitor forecast storms utilizing the National Weather Service, and local news outlets for updated weather information. If a Class 1 storm is predicted, the Street Superintendent will monitor conditions to verify equipment needs. During a Class 2 storm event, an Emergency Route Snow Advisory will be issued, but a Snow Alert may or may not be activated. City crews will monitor conditions to determine the need for a Snow Alert. For Class 3 storms a Snow Alert will be issued by the Street Superintendent. b. In the event of a surprise storm outside normal work hours, the police dispatcher will, based on police observations, call the Street Superintendent, alerting them of the storm conditions. The Street Superintendent will make the decision to dispatch the appropriate personnel and equipment for the conditions. 2. Personnel Notification/Recall: a. It is imperative that the Street Department and other city departments maintain a current and validated recall roster during the snow and ice season. Quick response is the key to successful implementation of this plan. The Street Superintendent will prepare an active recall roster. 3. Declaration of a Winter Emergency Route Snow Advisory / Snow Alert: a. Only the Street Superintendent or Acting Street Superintendent can declare a Snow Advisory or Alert. In their absence, this decision is delegated to the Chief of Police and/or the City Manager. b. Emergency Route Snow Advisory will be issued for a snow event that requires Emergency Routes be cleared. This is done to ensure that emergency services can access all quadrants of town. During a Emergency Route Snow Advisory, Emergency Snow Routes will cleaned of snow from curb to curb. Any vehicles parked upon an Emergency Snow Route shall be subject to ticketing and towing 1) When an Emergency Route Snow Advisory has been declared, the declaring official will contact the media by posting or announcing that a Snow Advisory has been declared and all vehicles not removed from Emergency Routes will be subject to ticketing and towing. c. Snow Alerts will be issued for snow events that will require all available equipment and manpower to clear all City streets, alleys and cul-de-sacs. Emergency Routes will maintain a priority during Snow Alerts and may be cleared multiple times during the same event. The issuance of a Snow Alert will automatically implement a Parking Ban. This is done to ensure crews and their equipment can operate in a safe and efficient manner. 1) When a Snow Alert has been declared, the declaring official will contact the media by announcing that a Snow Alert has been declared and all vehicles not removed from all city streets will be subject to ticketing and towing. d. The declaring official will notify the City of Brookings key personnel. This includes the City Manager, Police Chief, Police Dispatch and the Fire Department. e. Ticketing and towing operations will be conducted by the City of Brookings Police Department. Section F.1 of this plan covers specifics for these procedures. E. SNOW ROUTES, AREAS, PRIORITIES AND RESPONSIBILITIES: 1. City of Brookings a. The priorities for Snow and Ice removal will be as follows: (note Priorities may be adjusted due to specif ic storm conditions): 1) Emergency snow routes designated in RED on the Emergency Snow Route Map 2) Major arterial and collector routes designated GREEN and BLUE on the Snow Removal Map 3) Other through streets. 4) Cul-de-sacs and other streets with no outlet. 5) Alleys when snow accumulation greater than 4”, or ice accumulation greater than ½” as confirmed by Street Superintendent. A) Annex 1 is the emergency snow route map. B) Annex 2 is the City/Contractor snow maps 2. Contractors a. The City uses contractors to help assist in the snow removal process. Contractors are given a designated are of town, and they focus in that area only. This is done for consistency and effectiveness towards time. The Street Superintendent will provide them with maps of their area, and will also follow on contractor work quality and progress during snow removal operations. F. SNOW/ICE REMOVAL POLICIES AND PROCEDURES: 1. Emergency Snow Routes - Ticket/Towing Procedures. a. Whenever snow has accumulated or there is a possibility that snow will accumulate to such a depth of 2” or more, snow removal operations will be required on Emergency Snow Routes, the Street Superintendent, Acting Superintendent, or in their absences, the Chief of Police, or City Manager, may declare a Snow Advisory, and until such traffic emergency is terminated, it shall be unlawful: 1) To park a vehicle on any street designated as an Emergency Snow Route. 2) To operate a motor vehicle on any Emergency Snow Route in such manner or condition that such motor vehicle stalls and is unable to proceed. 3) Improperly parked or stalled vehicles as noted in 1) and 2) shall be ticketed and towed at the owner’s expense. 4) The following Streets are Established Emergency Snow Routes: (as shown in Appendix 1)  1st Avenue … from 6th Street to Front Street  Front Street … from 1st Avenue to 3rd Avenue  3rd Street … from 3rd Avenue to 22nd Avenue, excluding North side parking from 3rd Avenue to 5th Avenue  Medary Avenue … from Highway 14 Bypass to 20th Street South, excluding West side parking from 8th Street to 9th Street 2. Snow Alert Parking Ban - Ticket/Towing Procedures. a. Whenever snow has accumulated or there is a possibility that snow will accumulate to 4+” and that snow removal operations will be required for the entire town, the Street Superintendent, Acting Superintendent, or in their absences, the Chief of Police, or City Manager, may declare a Snow Alert Parking Ban, and until such traffic emergency is terminated, it shall be unlawful: 1) To park a vehicle on any street, cul-de-sac or alley. 2) To operate a motor vehicle on any street within the city limits in such manner or condition that such motor vehicle stalls and is unable to proceed. 3) Improperly parked or stalled vehicles as noted in 1) and 2) shall be ticketed and towed at the owner’s expense. b. A minimum of a 4-hour notice must be provided to the public by the initiating official. This allows for citizens to move vehicles, trailers and equipment out of the roadways. c. Parking Ban Information  City of Brookings webpage  Notify Me text and email notification alert system  Social Media  “Snow Line”: (605) 696-7669  Television: KDLT, KELO, KSFY, or Cable Channel 9  FM Radio: 93.7, 96.5, 102.3, 104.7, or 107.1  AM Radio: 910 or 1430  Other means deemed necessary due to changes of the above outlets.  NOTE: When parked vehicles or other obstructions left in the street make the plowing or abrasive application unsafe, risky, or unproductive to the detriment of operations on other streets, the area in question will be skipped until such time as removal activities may be done safely and efficiently. 3. Media Interface: a. It is imperative that the general public be informed on a regular basis during Class 2 and 3 storms of the city’s efforts both successful and not so successful in all aspects of Snow and Ice removal operations. b. All media releases will be by the Street Superintendent, Acting Street Superintendent, Public Information Officer or other designated official. 4. Accidents: a. All accidents involving city vehicles occurring during Snow and Ice removal operations will be reported immediately by cell phone from snow equipment to the Street Superintendent. 1) Accidents are to be reported as follows. a) Vehicular Damage - An accident report will be filled out at the scene of the accident in addition to the radio report. Standard accident procedures and forms will be utilized. Additionally, a law enforcement officer will investigate the accident at the scene prior to resumption of Snow and Ice removal operations by the city vehicle involved. b) Private Property Damage - (Mail Boxes, sprinkler systems, and other private improvements) - Your mailbox and the access to it for the U.S. Postal Service is the responsibility of the resident. Again, because the crews have no place to put the snow, curbside mailboxes may become blocked and in those cases it is the responsibility of the resident to move that snow beyond the street so that the postal service may access the mailbox. Heavy snow pushed or thrown by the plow may damage mailboxes. This is not intentional, but does occasionally happen. The City is not responsible for damage to mailboxes or other private improvements placed within the road rights-of-way of its roads that occurs as a result of snow and ice removal operations. c) Claim filing procedure- Any claims for insurance purposes will be completed at the Street Department office at 125 7th Ave. or, the City Human Resource Department at 520 3rd St Suite 230. After completion the claimant paperwork will then be processed for approval. G. STAFF AND EQUIPMENT ASSIGNMENTS: 1. At the beginning of a Class 2 or 3 Storm the Street Department will immediately commence operation. 2. The Street Department will be the primary staff and equipment resource for all snow and ice removal operations. However, during sustained snow and ice removal operations other departments may be asked by the Street Superintendent to provide both staff and equipment resources to support the in snow and ice removal operations. 3. Due to personnel and extent of winter weather events, it may not be feasible to work shifts during extended storm events. For safe operations, every effort will be made to have as many streets in serviceable condition as possible in accordance with the storm route priorities in as short a time as feasible. If operations are not complete prior to personnel working for 15 continuous hours beginning when they reported to work, whether for their regular shift or specifically for emergency call out, operations will cease and personnel will be sent home to rest and sleep. Employees will report back to work no sooner than six (6) hours from the time operations ceased. H. PRE-W INTER SEASON PREPARATION: 1. Safety Training: Commencing in October and continuing through the fall and winter seasons, the Street Superintendent will schedule recurring training that will focus on snow and ice control issues. a. City operations personnel will hold meetings to discuss known strengths and weaknesses in preparation for the snow and ice season. These meetings will be conducted by the Street Superintendent. b. Practice runs of the routes will be driven by all operators prior to mid-November to ensure all are familiar with the Emergency Snow Routes and their designated areas. 2. Operator Training/Certification: New operators will be assigned to an experienced operator to receive training on all phases of snow and ice control. New operators will receive this training in pre-season and during the actual snow and ice control season. The trainer of the new operator will at the time of the new operator proficiency, certify t o the Street Superintendent of city operations that the new operator is cleared for individual (solo) operation. Operators will not be assigned to equipment that they are not qualified to operate under any circumstance. 3. Equipment Pre-Inspection and Calibration: Commencing in October, the Street Division will prepare and ensure all snow and ice removal equipment is prepared and operational for mounting to its assigned piece of equipment. a. All salt/sand spreaders will be calibrated and certified by the Street Superintendent, or his designee, to ensure maximum efficiency. b. Salt and sand spreaders will be mounted on the assigned truck after the end of the annual construction season or at such time as directed by the Street Superintendent. I. POST OPERATIONS PROCEDURES: 1. During storms, and after each shift, the operator will perform the required maintenance and services on his assigned equipment. These services include the following: FILL FUEL TANKS CHECK LIGHTS CHECK ALL FLUIDS INSPECT FOR FLUID LEAKS FILL WINDSHIELD WASHER FLUID CHECK TIRE PRESSURE CHECK TENSION ON CHAINS (TIRE AND SPREADER) FILL SALT/SAND HOPPER WITH MATERIAL CHECK CUTTING EDGES ON EQUIPMENT 2. After storms, all equipment will receive a thorough inspection by the operators. Vehicles will be washed. All known deficiencies will be reported to the Street Superintendent for immediate correction. Repairs of snow and ice removal equipment will be first priority during winter storm season. APPENDIX 1 – Emergency snow removal route map APPENDIX 2 – City/Contractor snow removal maps NORTH EAST NORTH WEST SOUTH EAST SOUTH WEST 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 21-084,Version:1 Action on Resolution 21-084, a Resolution Awarding Bids on 2021-2022 Contractor Snow Removal Equipment Contracts. Summary: This resolution will award the 2021-2022 Contractor Snow Removal Equipment Contracts to the bidding contractors based on the best value for the City. Background: The City of Brookings Street Department uses contractors to assist in snow removal efforts. Contractors are called out on an as needed basis and are ranked per the best value per required piece of equipment. Recommendation: Staff recommends approval Memo Resolution Snow Operations Plan City of Brookings Printed on 10/7/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jeremy Linstad, Street Manager Council Meeting: October 12, 2021 Subject: Awarding Bids on Contracted Snow Removal Equipment Person(s) Responsible: Jacob Meshke, Assistant City Manager Summary: The City uses contractors to assist in snow removal efforts. This resolution will award the 2021-22 Contractor Snow Removal Equipment Contracts which provide best value for the City as determined by cost per cubic yard. The City received comparable response to the bid request in comparison to the 2020-21 season. Background: The City uses contractors to assist in snow removal efforts. This assistance augments City equipment and staff, traditionally in residential neighborhoods. Based on the snow event, contractors are called out on an as-needed basis and are ranked on the best value per equipment from annual bidding of equipment. Discussion: The City opened bids on Tuesday, September 28, 2021 at 1:30 pm at the City & County Government Center. The following bids were received: Four (4) Motor Graders with Wings: Five (5) bids were received. 1. Austreim Excavating, JD 722BH, $210.00/hour 2. Austreim Excavating, JD 722CH, $210.00/hour 3. Bowes Construction Inc., CAT 140M, $220.00/hour 4. Bowes Construction Inc, CAT 140H, $220.00/hour 5. Bowes Construction Inc., CAT 140M without Wing, $200.00/hour One (1) 3- to 6-Yard Loader: Five (5) bids were received. 1. Winter Contracting LLC, 644K, 4.50 cubic yards, $193.00/hour 2. Winter Contracting LLC, 624K, 3.50 cubic yards, $152.00/hour 3. Bowes Construction Inc., CAT 966M, 5.00 cubic yards, $230.00/hour 4. Bowes Construction, CAT 950M, 4.00 cubic yards, $210.00/hour 5. Bowes Construction, CAT930M, 3.00 cubic yards, $180.00/hour Four (4) Loaders with Reversible Blades: Three (3) bids were received. 1. Austreim Excavating, JD 624G, $220.00/hour 2. Austreim Excavating, JD 544K, $220.00/hour 3. Bowes Construction Inc., CAT 938K, $230.00/hour Ten (10) End-Dump Trucks: Ten (10) bids were received. 1. Winter Contracting LLC, #14, 23.00 cubic yards, $127.00/hour 2. Prussman Contracting Inc., #19, 22.80 cubic yards, $135.00/hour 3. Prussman Contracting Inc., #20, 22.80 cubic yards, $135.00/hour 4. Bowes Construction Inc., #26, 22.70 cubic yards, $135.00/hour 5. Bowes Construction Inc., #27, 22.70 cubic yards, $135.00/hour 6. Bowes Construction Inc., #29, 22.70 cubic yards, $135.00/hour 7. Bowes Construction Inc., #30, 22.70 cubic yards, $135.00/hour 8. Prussman Contracting Inc., #22, 22.20 cubic yards, $135.00/hour 9. Prussman Contracting Inc., #21, 20.60 cubic yards, $135.00/hour 10. Prussman Contracting Inc. #23, 19.50 cubic yards, $135.00/hour Four (4) Side-Dump Trucks: Three (3) bids were received. 1. Winter Contracting LLC, #10, 34 cubic yards, $148.00/hour 2. Winter Contracting LLC, #12, 34 cubic yards, $148.00/hour 3. Winter Contracting LLC, #14, 34 cubic yards, $148.00/hour Contractors will assist in snow removal operations as needed and will be called out in order of best value as determined by cost per cubic yard. Bids were largely consistent with 2020-2021 pricing. Legal Consideration: None. Strategic Plan Consideration: Fiscal Responsibility, Service and Innovation Excellence, and Sustainability: Snow removal contracting furthers City of Brookings’ mission of providing a high quality of life for its citizens through proactive, fiscally responsible municipal government. Effective snow removal also supports the tenant of economic development through safe and efficient business travel. Financial Consideration: City budget is $124,000.00. 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 Snow Operations Plan Resolution 21-084 Resolution Awarding Snow Removal Equipment Contracts Whereas, the City of Brookings opened bids for Snow Removal Equipment on Tuesday, September 28, 2021 at 1:30 pm at Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for Snow Removal Equipment: Four (4) Motor Graders with Wings: Five bids were received. 1) Austreim Excavating, JD 722BH, $210.00/hour; 2) Austreim Excavating, JD 722CH, $210.00/hour; 3) Bowes Construction, Inc., CAT 140M, $220.00/hour; 4) Bowes Construction, Inc., CAT 140H, $220.00/hour; and 5) Bowes Construction, Inc., CAT 140M without Wing, $200.00/hour. One (1) 3- to 6-Yard Loader: Five bids were received. 1) Winter Contracting LLC, 644K, 4.50 cubic yards, $193.00/hour; 2) Winter Contracting, LLC, 624K, 3.50 cubic yards, $152.00/hour; 3) Bowes Construction, CAT 966M, 5.00 cubic yards, $230.00/hour; 4) Bowes Construction, CAT 950M, 4.00 cubic yards, $210.00/hour; and 5) Bowes Construction, CAT 930M, 3.00 cubic yards, $180.00/hour. Four (4) Loaders with Reversible Blades: Three bids were received. 1) Austreim Excavating, JD 624G, $220.00/hour; 2) Austreim Excavating, JD 544K, $220.00/hour; and 3) Bowes Construction, Inc., CAT 938K, $230.00/hour. Ten (10) End-Dump Trucks: Ten bids were received. 1) Winter Contracting, LLC., #14, 23.00 cubic yards, $127.00/hour; 2) Prussman Contracting, Inc., #19, 22.80 cubic yards, $135.00/hour; 3) Prussman Contracting, Inc., #20, 22.80 cubic yards, $135.00/hour; 4) Bowes Construction, Inc., #26, 22.70 cubic yards, $135.00/hour; 5) Bowes Construction, Inc., #27, 22.70 cubic yards, $135.00/hour; 6) Bowes Construction, Inc., #29, 22.70 cubic yards, $135.00/hour; 7) Bowes Construction, Inc., #30, 22.70 cubic yards, $135.00/hour; 8) Prussman Contracting, Inc., #22, 22.20 cubic yards, $135.00/hour; 9) Prussman Contracting, Inc., #21, 20.60 cubic yards, $135.00/hour; and 10) Prussman Contracting, Inc., #23, 19.50 cubic yards, $135.00/hour. Four (4) Side-Dump Trucks: Three bids were received. 1) Winter Contracting, LLC, #10, 34.00 cubic yards, $148.00/hour; 2) Winter Contracting, LLC, #12, 34.00 cubic yards, $148.00/hour; and 3) Winter Contracting, LLC, #14, 34.00 cubic yards, $148.00/hour. Now Therefore, Be It Resolved the following bids be accepted: Four (4) Motor Graders with Wings: Five bids were received. 1) Austreim Excavating, JD 722BH, $210.00/hour; 2) Austreim Excavating, JD 722CH, $210.00/hour; 3) Bowes Construction, Inc., CAT 140M, $220.00/hour; 4) Bowes Construction, Inc., CAT 140H, $220.00/hour; and 5) Bowes Construction, Inc., CAT 140M without Wing, $200.00/hour. One (1) 3- to 6-Yard Loader: Five bids were received. 1) Winter Contracting LLC, 644K, 4.50 cubic yards, $193.00/hour; 2) Winter Contracting, LLC, 624K, 3.50 cubic yards, $152.00/hour; 3) Bowes Construction, CAT 966M, 5.00 cubic yards, $230.00/hour; 4) Bowes Construction, CAT 950M, 4.00 cubic yards, $210.00/hour; and 5) Bowes Construction, CAT 930M, 3.00 cubic yards, $180.00/hour. Four (4) Loaders with Reversible Blades: Three bids were received. 1) Austreim Excavating, JD 624G, $220.00/hour; 2) Austreim Excavating, JD 544K, $220.00/hour; and 3) Bowes Construction, Inc., CAT 938K, $230.00/hour. Ten (10) End-Dump Trucks: Ten bids were received. 1) Winter Contracting, LLC., #14, 23.00 cubic yards, $127.00/hour; 2) Prussman Contracting, Inc., #19, 22.80 cubic yards, $135.00/hour; 3) Prussman Contracting, Inc., #20, 22.80 cubic yards, $135.00/hour; 4) Bowes Construction, Inc., #26, 22.70 cubic yards, $135.00/hour; 5) Bowe s Construction, Inc., #27, 22.70 cubic yards, $135.00/hour; 6) Bowes Construction, Inc., #29, 22.70 cubic yards, $135.00/hour; 7) Bowes Construction, Inc., #30, 22.70 cubic yards, $135.00/hour; 8) Prussman Contracting, Inc., #22, 22.20 cubic yards, $135.00/hour; 9) Prussman Contracting, Inc., #21, 20.60 cubic yards, $135.00/hour; and 10) Prussman Contracting, Inc., #23, 19.50 cubic yards, $135.00/hour. Four (4) Side-Dump Trucks: Three bids were received. 1) Winter Contracting, LLC, #10, 34.00 cubic yards, $148.00/hour; 2) Winter Contracting, LLC, #12, 34.00 cubic yards, $148.00/hour; and 3) Winter Contracting, LLC, #14, 34.00 cubic yards, $148.00/hour. Passed and approved this 12th day of October, 2021. CITY OF BROOKINGS ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk CITY OF BROOKINGS SNOW / ICE REMOVAL OPERATION PLAN Version: November 2019 A. INTRODUCTION B. GENERAL POLICY STATEMENTS C. STORM CLASSIFICATIONS D. IMPLEMENTATION PROCEDURES 1. WEATHER/STORM DECISIONS 2. PERSONNEL NOTIFICATION/RECALL 3. DECLARATION OF EMERGENCY ROUTE SNOW ADVISORY/ SNOW ALERT E. SNOW ROUTES, AREAS, PRIORITIES AND RESPONSIBILITIES 1. CITY OF BROOKINGS 2. CONTRACTORS F. SNOW/ICE REMOVAL POLICIES AND PROCEDURES 1. EMERGENCY SNOW ROUTE TICKET/TOWING PROCEDURES 2. DE-ICER AND ABRASIVE APPLICATION 3. MEDIA INTERFACE 4. ACCIDENTS G. STAFF AND EQUIPMENT ASSIGNMENTS H. PRE-WINTER SEASON PREPARATION 1. SAFETY TRAINING 2. OPERATOR TRAINING/CERTIFICATION 3. EQUIPMENT PRE-INSPECTION AND CALIBRATION I. POST OPERATIONS PROCEDURES A. INTRODUCTION: 1. The purpose of the Snow and Ice Removal Operation Plan is to provide all personnel who are involved in snow and ice removal, and the public a single source of information which clearly defines the City of Brookings’s policies and procedures in all snow and ice operations. 2. Snow and Ice operations will be accomplished as expeditiously as possible in conjunction with the priorities outlined in this plan due to public safety and economic impact 3. The Snow and Ice season in Eastern South Dakota can begin as early as October and terminate as late as late-April. The rate of accumulation of snowfall or icing is affected by atmosphere temperature, pavement temperature, moisture content, wind direction and velocity, and intervals between storms. Each storm is unique, and conditions may vary across the city. Therefore, while this plan tries to cover the major operations during a Snow and Ice storm, it must be recognized that there must be sufficient flexibility within the plan to provide differences and or contingencies in order to respond effectively to actual conditions. B. GENERAL POLICY STATEMENTS: 1. The policy of the City of Brookings is to clear Emergency Snow Routes and Public Safety Facilities of snow and ice as expeditiously as practicable within the City’s area of responsibility during and following every storm through the use of equipment and applicable materials 2. Snow and Ice control operations on all roads will be prioritized based on immediate need for the public safety. Emergency snow routes will be given the first priority for plowing and de-icing during and after a storm. The intent is for all Emergency Snow Routes to be kept open when possible. Emergency routes are shown in RED on the Snow Removal Map. a. No parking shall be permitted upon any portion of an Emergency Snow Route where two (2) or more inches of snow have fallen in any 24-hour period until such Emergency Snow Route has been cleaned of snow from curb to curb. Any vehicles parked upon an Emergency Snow Route shall be subject to ticketing and towing. 3. Snow removal and de-icing operations at the end of the storm, or during times deemed necessary will be shifted to non-emergency main artilleries and collector roads within city limits. These are shown in GREEN and BLUE on the Snow Removal Map 4. At the end of the precipitation event, snow removal and de-icing operations will be shifted to all remaining residential streets, cul-de- sacs and alley ways within city limits. 5. The downtown core area will be cleared during or after emergency route removal operations are complete or as manpower and equipment resources become available. This is typically done between the early morning hours of 1:00am – 7:00am. It is important for sidewalk snow and ice removal operations be completed prior to street snow and ice removal operations. (see Sec. 74-2) This ensures that the work has to be done only one time per storm. 6. All other sidewalks are to be maintained by the adjacent property owners per City Code. a. Sec. 74-211. Duty of owner or occupant. It shall be the duty of the owner or occupant or person in possession or in charge of any lot, parcel or plat of ground fronting or abutting any sidewalk, to keep such sidewalk free and clear from snow and ice at all times. When it is impossible to clear snow and ice from a sidewalk because it is frozen to the sidewalk, the owner, occupant, or person in possession or in charge of such lot shall sprinkle or spread some suitable material upon the same to prevent the walk from becoming slippery and dangerous to travel upon. b. Sec. 74-2 Deposits in rights-of-way; exception for sidewalk snow removal in central business district. It is unlawful for any person to shovel or deposit snow, leaves, material or other substances of any king and description from private property onto any public street, alley or public right of way. Such conduct or action is declared to be a nuisance. This section however, does not prohibit the placement of snow from a sidewalk in the central business district in the curb area of the street where no boulevard or other property exists to place snow from the sidewalk. 7. Snow removal and de-icing operations will not be undertaken in alleys unless there are snow accumulations in excess of 4” or ice accumulations in excess of ½” as verified by Street Department staff. 8. A Winter Storm Alert can only be declared by the Street Superintendent, Acting Street Superintendent, or in their absence, the Chief of Police or the City Manager. Notice of a Winter Storm Alert will be given by posting on the City Cable Television Channel, and by issuance of a notification to the public via print, website, social media and other digital materials. In the event of a declaration of a Storm Alert, the Police will ticket or tow vehicles located on all Emergency Snow Routes as necessary to expedite the Snow and Ice removal operations. 9. City personnel will not clear plowed-in driveways. Clearing driveways is the citizens’ responsibility. The plowing operation produces a continuous windrow of snow, and by its nature is expected to block some citizens’ cleared driveways when there is significant snow accumulated in the street. 10. The Street Superintendent may provide the media with Snow/Ice removal updates during and after storm operations to keep the public informed of the conditions of the roads. The City Snow Hotline, telephone number 696-7669, and may be called for updates on City Snow removal operations. C. STORM CLASSIFICATIONS: 1. Each Snow or Ice storm will be unique and vary in intensity, duration and total precipitation. This section will apply a basic classification system to assist in establishment of priorities of equipment, material manpower, and a management system for implementation in all Snow and Ice removal operations. The storm classification system will utilize an estimated total expected snowfall for snow and total ice glazing for ice storms. This information will come from multiple weather sources including; NOAA, Keloland and the National Weather Service. 2. Classes of Storms: Class 1: 0” – 2” a. Class 1 storm is defined as a storm with accumulations of two inches or less, which in most cases will only require light plowing and treating of pavement with applicable materials. All controls and reporting of when the decision is made to proceed with snow and ice removal operations will be managed by the Street Superintendent. During a Class 1 storm City crews will handle snow removal or deicing operations. Contractors will not be activated. Class 2 Storm: 2”- 6” Emergency Route Snow Advisory b. Class 2 is defined as a storm of moderate to heavy snowfall with estimated range of two - six inches. A Class 2 storm will cause an issuance of an emergency route snow advisory. During a Class 2 storm event there is no parking on Emergency snow routes. Those routes will be given the first priority for plowing and de- icing. The intent is for all Emergency Snow Routes to be kept open when possible. A Snow Alert is possible if the actual conditions warrant. All controls and reporting of when and what equipment will be implemented for snow and ice removal operations will be managed by the Street Superintendent. During a Class 2 Storm, the Street Superintendent may use City crews within all departments or decide to activate contractors to plow their designated areas. Class 3 Storm: 6”+ , Snow Alert c. Class 3 storm is defined as a storm of extremely heavy snow of six inches or more occurring in a period of 24 hours or less. This type of storm will cause life threatening conditions to occur. When weather forecasts indicate that a Class 3 storm is imminent all appropriate city equipment will be mobilized immediately. The Street Superintendent, Acting Street Superintendent, or in their absence, the Chief of Police or the City Manager, will declare a Snow Alert. At that time a Parking ban on all City streets will be implemented and enforced. The declaring official shall make the appropriate media notifications of the Snow Alert. Parking ban on all City streets will be enforced. A class 3 storm will activate all contactors to plow their designated areas. d. Ice Storms. All Ice Storms will be rated as a Class 1 type storm. Ice Storms will cause an immediate threat to the public safety. If an Ice Storm is forecast as imminent or otherwise develops, the City will follow Class 1 procedures. D. IMPLEMENTATION PROCEDURES: 1. Weather/Storm Decisions: a. During normal duty and non-duty hours the key personnel (Street Superintendent or their designees) involved in Snow and Ice control will monitor forecast storms utilizing the National Weather Service, and local news outlets for updated weather information. If a Class 1 storm is predicted, the Street Superintendent will monitor conditions to verify equipment needs. During a Class 2 storm event, an Emergency Route Snow Advisory will be issued, but a Snow Alert may or may not be activated. City crews will monitor conditions to determine the need for a Snow Alert. For Class 3 storms a Snow Alert will be issued by the Street Superintendent. b. In the event of a surprise storm outside normal work hours, the police dispatcher will, based on police observations, call the Street Superintendent, alerting them of the storm conditions. The Street Superintendent will make the decision to dispatch the appropriate personnel and equipment for the conditions. 2. Personnel Notification/Recall: a. It is imperative that the Street Department and other city departments maintain a current and validated recall roster during the snow and ice season. Quick response is the key to successful implementation of this plan. The Street Superintendent will prepare an active recall roster. 3. Declaration of a Winter Emergency Route Snow Advisory / Snow Alert: a. Only the Street Superintendent or Acting Street Superintendent can declare a Snow Advisory or Alert. In their absence, this decision is delegated to the Chief of Police and/or the City Manager. b. Emergency Route Snow Advisory will be issued for a snow event that requires Emergency Routes be cleared. This is done to ensure that emergency services can access all quadrants of town. During a Emergency Route Snow Advisory, Emergency Snow Routes will cleaned of snow from curb to curb. Any vehicles parked upon an Emergency Snow Route shall be subject to ticketing and towing 1) When an Emergency Route Snow Advisory has been declared, the declaring official will contact the media by posting or announcing that a Snow Advisory has been declared and all vehicles not removed from Emergency Routes will be subject to ticketing and towing. c. Snow Alerts will be issued for snow events that will require all available equipment and manpower to clear all City streets, alleys and cul-de-sacs. Emergency Routes will maintain a priority during Snow Alerts and may be cleared multiple times during the same event. The issuance of a Snow Alert will automatically implement a Parking Ban. This is done to ensure crews and their equipment can operate in a safe and efficient manner. 1) When a Snow Alert has been declared, the declaring official will contact the media by announcing that a Snow Alert has been declared and all vehicles not removed from all city streets will be subject to ticketing and towing. d. The declaring official will notify the City of Brookings key personnel. This includes the City Manager, Police Chief, Police Dispatch and the Fire Department. e. Ticketing and towing operations will be conducted by the City of Brookings Police Department. Section F.1 of this plan covers specifics for these procedures. E. SNOW ROUTES, AREAS, PRIORITIES AND RESPONSIBILITIES: 1. City of Brookings a. The priorities for Snow and Ice removal will be as follows: (note Priorities may be adjusted due to specif ic storm conditions): 1) Emergency snow routes designated in RED on the Emergency Snow Route Map 2) Major arterial and collector routes designated GREEN and BLUE on the Snow Removal Map 3) Other through streets. 4) Cul-de-sacs and other streets with no outlet. 5) Alleys when snow accumulation greater than 4”, or ice accumulation greater than ½” as confirmed by Street Superintendent. A) Annex 1 is the emergency snow route map. B) Annex 2 is the City/Contractor snow maps 2. Contractors a. The City uses contractors to help assist in the snow removal process. Contractors are given a designated are of town, and they focus in that area only. This is done for consistency and effectiveness towards time. The Street Superintendent will provide them with maps of their area, and will also follow on contractor work quality and progress during snow removal operations. F. SNOW/ICE REMOVAL POLICIES AND PROCEDURES: 1. Emergency Snow Routes - Ticket/Towing Procedures. a. Whenever snow has accumulated or there is a possibility that snow will accumulate to such a depth of 2” or more, snow removal operations will be required on Emergency Snow Routes, the Street Superintendent, Acting Superintendent, or in their absences, the Chief of Police, or City Manager, may declare a Snow Advisory, and until such traffic emergency is terminated, it shall be unlawful: 1) To park a vehicle on any street designated as an Emergency Snow Route. 2) To operate a motor vehicle on any Emergency Snow Route in such manner or condition that such motor vehicle stalls and is unable to proceed. 3) Improperly parked or stalled vehicles as noted in 1) and 2) shall be ticketed and towed at the owner’s expense. 4) The following Streets are Established Emergency Snow Routes: (as shown in Appendix 1)  1st Avenue … from 6th Street to Front Street  Front Street … from 1st Avenue to 3rd Avenue  3rd Street … from 3rd Avenue to 22nd Avenue, excluding North side parking from 3rd Avenue to 5th Avenue  Medary Avenue … from Highway 14 Bypass to 20th Street South, excluding West side parking from 8th Street to 9th Street 2. Snow Alert Parking Ban - Ticket/Towing Procedures. a. Whenever snow has accumulated or there is a possibility that snow will accumulate to 4+” and that snow removal operations will be required for the entire town, the Street Superintendent, Acting Superintendent, or in their absences, the Chief of Police, or City Manager, may declare a Snow Alert Parking Ban, and until such traffic emergency is terminated, it shall be unlawful: 1) To park a vehicle on any street, cul-de-sac or alley. 2) To operate a motor vehicle on any street within the city limits in such manner or condition that such motor vehicle stalls and is unable to proceed. 3) Improperly parked or stalled vehicles as noted in 1) and 2) shall be ticketed and towed at the owner’s expense. b. A minimum of a 4-hour notice must be provided to the public by the initiating official. This allows for citizens to move vehicles, trailers and equipment out of the roadways. c. Parking Ban Information  City of Brookings webpage  Notify Me text and email notification alert system  Social Media  “Snow Line”: (605) 696-7669  Television: KDLT, KELO, KSFY, or Cable Channel 9  FM Radio: 93.7, 96.5, 102.3, 104.7, or 107.1  AM Radio: 910 or 1430  Other means deemed necessary due to changes of the above outlets.  NOTE: When parked vehicles or other obstructions left in the street make the plowing or abrasive application unsafe, risky, or unproductive to the detriment of operations on other streets, the area in question will be skipped until such time as removal activities may be done safely and efficiently. 3. Media Interface: a. It is imperative that the general public be informed on a regular basis during Class 2 and 3 storms of the city’s efforts both successful and not so successful in all aspects of Snow and Ice removal operations. b. All media releases will be by the Street Superintendent, Acting Street Superintendent, Public Information Officer or other designated official. 4. Accidents: a. All accidents involving city vehicles occurring during Snow and Ice removal operations will be reported immediately by cell phone from snow equipment to the Street Superintendent. 1) Accidents are to be reported as follows. a) Vehicular Damage - An accident report will be filled out at the scene of the accident in addition to the radio report. Standard accident procedures and forms will be utilized. Additionally, a law enforcement officer will investigate the accident at the scene prior to resumption of Snow and Ice removal operations by the city vehicle involved. b) Private Property Damage - (Mail Boxes, sprinkler systems, and other private improvements) - Your mailbox and the access to it for the U.S. Postal Service is the responsibility of the resident. Again, because the crews have no place to put the snow, curbside mailboxes may become blocked and in those cases it is the responsibility of the resident to move that snow beyond the street so that the postal service may access the mailbox. Heavy snow pushed or thrown by the plow may damage mailboxes. This is not intentional, but does occasionally happen. The City is not responsible for damage to mailboxes or other private improvements placed within the road rights-of-way of its roads that occurs as a result of snow and ice removal operations. c) Claim filing procedure- Any claims for insurance purposes will be completed at the Street Department office at 125 7th Ave. or, the City Human Resource Department at 520 3rd St Suite 230. After completion the claimant paperwork will then be processed for approval. G. STAFF AND EQUIPMENT ASSIGNMENTS: 1. At the beginning of a Class 2 or 3 Storm the Street Department will immediately commence operation. 2. The Street Department will be the primary staff and equipment resource for all snow and ice removal operations. However, during sustained snow and ice removal operations other departments may be asked by the Street Superintendent to provide both staff and equipment resources to support the in snow and ice removal operations. 3. Due to personnel and extent of winter weather events, it may not be feasible to work shifts during extended storm events. For safe operations, every effort will be made to have as many streets in serviceable condition as possible in accordance with the storm route priorities in as short a time as feasible. If operations are not complete prior to personnel working for 15 continuous hours beginning when they reported to work, whether for their regular shift or specifically for emergency call out, operations will cease and personnel will be sent home to rest and sleep. Employees will report back to work no sooner than six (6) hours from the time operations ceased. H. PRE-W INTER SEASON PREPARATION: 1. Safety Training: Commencing in October and continuing through the fall and winter seasons, the Street Superintendent will schedule recurring training that will focus on snow and ice control issues. a. City operations personnel will hold meetings to discuss known strengths and weaknesses in preparation for the snow and ice season. These meetings will be conducted by the Street Superintendent. b. Practice runs of the routes will be driven by all operators prior to mid-November to ensure all are familiar with the Emergency Snow Routes and their designated areas. 2. Operator Training/Certification: New operators will be assigned to an experienced operator to receive training on all phases of snow and ice control. New operators will receive this training in pre-season and during the actual snow and ice control season. The trainer of the new operator will at the time of the new operator proficiency, certify t o the Street Superintendent of city operations that the new operator is cleared for individual (solo) operation. Operators will not be assigned to equipment that they are not qualified to operate under any circumstance. 3. Equipment Pre-Inspection and Calibration: Commencing in October, the Street Division will prepare and ensure all snow and ice removal equipment is prepared and operational for mounting to its assigned piece of equipment. a. All salt/sand spreaders will be calibrated and certified by the Street Superintendent, or his designee, to ensure maximum efficiency. b. Salt and sand spreaders will be mounted on the assigned truck after the end of the annual construction season or at such time as directed by the Street Superintendent. I. POST OPERATIONS PROCEDURES: 1. During storms, and after each shift, the operator will perform the required maintenance and services on his assigned equipment. These services include the following: FILL FUEL TANKS CHECK LIGHTS CHECK ALL FLUIDS INSPECT FOR FLUID LEAKS FILL WINDSHIELD WASHER FLUID CHECK TIRE PRESSURE CHECK TENSION ON CHAINS (TIRE AND SPREADER) FILL SALT/SAND HOPPER WITH MATERIAL CHECK CUTTING EDGES ON EQUIPMENT 2. After storms, all equipment will receive a thorough inspection by the operators. Vehicles will be washed. All known deficiencies will be reported to the Street Superintendent for immediate correction. Repairs of snow and ice removal equipment will be first priority during winter storm season. APPENDIX 1 – Emergency snow removal route map APPENDIX 2 – City/Contractor snow removal maps NORTH EAST NORTH WEST SOUTH EAST SOUTH WEST 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 21-035,Version:1 Introduction and First Reading on Ordinance 21-035, an Ordinance Amending Sections 2-233 through 2-240 and pertaining to the Brookings Bicycle Advisory Committee and to Establish Revised Areas of Responsibility of the Brookings Park and Recreation Advisory Board. Second Reading: October 26, 2021. Summary: This Ordinance will reestablish the Bicycle Advisory Committee as a subcommittee of the Park Advisory Board. The Bicycle Advisory Committee currently meets on a quarterly basis and the purpose of the committee has evolved from a strong emphasis on creating the Bicycle Master Plan to bicycle advocacy and education. Moving forward as a subcommittee, the group will continue to have voice on the priorities of the Bicycle Master Plan and will provide input on bicycle needs and opportunities in the community. Recommendation: Staff recommends approval. Attachments: Memo Ordinance City of Brookings Printed on 10/7/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Dusty Rodiek, Parks & Recreation Director Council Meeting: October 12, 2021 Subject: Reestablish the Bicycle Advisory Committee as a subcommittee of the Park Advisory Board Person(s) Responsible: Dusty Rodiek, Parks & Recreation Director Summary: This Ordinance will reestablish the Bicycle Advisory Committee as a subcommittee of the Park and Recreation Advisory Board. The Bicycle Advisory Committee currently meets on a quarterly basis and the purpose of the committee has evolved from a strong emphasis on creating the Bicycle Master Plan to bicycle advocacy and education. Moving forward as a subcommittee the group will continue to have voice on the priorities of the Bicycle Master Plan and will provide input on bicycle needs and opportunities in the community. Background: The Bicycle Advisory Committee was originally established in 2015 to promote a bicycle-friendly community by encouraging bicycling as a viable means of transportation and recreation, to develop and support bicycle events, education, and to recommend priorities for use of public funds on bicycle-related projects. Over time, the attendance at the originally scheduled monthly meetings faltered and the decision was made in 2020 to meet on a quarterly basis. As a subcommittee, the group will continue to have voice on the priorities of the Bicycle Master Plan and will provide input on bicycle needs and opportunities in the community. Item Details: Approving this Ordinance will reestablish the Bicycle Advisory Committee as a subcommittee of the Park and Recreation Advisory Board. The current committee members are encouraged to continue their involvement as advocates for bicycle transportation, recreation and education in the City of Brookings. 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 21-035 An Ordinance Amending Sections 2-233 through 2-240 and Pertaining to the Brookings Bicycle Advisory Committee and to Establish Revised Areas of Responsibility of the Brookings Park and Recreation Advisory Board. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. That Sections 2-233 through 2-240 of the Ordinances of the City of Brookings pertaining to the Bicycle Advisory Committee are hereby repealed. II. That Section 62-36 of the Ordinances of the City of Brookings is hereby amended to read as follows: Sec. 62-36. - Powers and areas of responsibility. The Park and Recreation Advisory Board shall provide advice to the director of parks, recreation and forestry to assist in the management of the public park system, recreation programs, golf operations, bicycle- related issues, and the city forestry program. The Park and Recreation Advisory Board shall also advise the city council and make recommendations on matters regarding capital improvements and planning for the parks, recreation and forestry program of the city. III. Any or all ordinances in conflict herewith are hereby repealed. First Reading: October 12, 2021 Second Reading: October 26, 2021 Published: CITY OF BROOKINGS, SD 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 21-082,Version:1 Public Hearing and Action on Resolution 21-082, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On-Off Sale Wine License for Cottonwood Coffee Inc, dba Cottonwood Bistro, Jacob Limmer, owner, 1710 & 1712 6th Street, Brookings, SD, legal description: North 60 feet of the South 116 and the East 25 feet of the West 44 feet, also to include the patio area: North 37 feet of the South 116 feet and the East 15 feet of the West 19 feet, Lot 1, Brickwood Plaza Addition . Summary: The City of Brookings has received an application for an On-Off Sale Wine License for Cottonwood Coffee, Inc., dba Cottonwood Bistro, 1710 & 1712 6th Street, Jacob Limmer, owner. 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 for all alcohol licenses. This license would be effective until December 31, 2021 and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Recommendation: Staff recommends approval. Attachments: Memo Resolution Operating Agreement Legal Notice Location Map City of Brookings Printed on 10/7/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: October 27, 2020 Subject: On-Off Sale Wine Operating Agreement: Cottonwood Bistro Person(s) Presenting: Bonnie Foster, City Clerk Summary: The City of Brookings has received an application for an On-Off Sale Wine License for Cottonwood Coffee, Inc., dba Cottonwood Bistro, Jacob Limmer, owner. Legal description: North 60 feet of the South 116 and the East 25 feet of the West 44 feet, also to include the patio area: North 37 feet of the South 116 feet and the East 15 feet of the West 19 feet, Lot 1, Brickwood Plaza 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 an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Item Details: Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in accordance with SDCL 35-2 and in accordance with the following factors: 1) Type of business which applicant proposes to operate: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. 2) The manner in which the business is operated: on-sale alcoholic beverage operating agreements and alcoholic beverage licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. 3) The extent to which minors are employed in such a place of business: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. 4) Adequacy of the police facilities to properly police the proposed location: The city council shall inquire of the city manager whether the police department can adequately police the proposed location. 5) Other factors: The hours that business is conducted shall be considered by the city council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses. Legal Consideration: None Strategic Plan Consideration: Economic Growth – allowing businesses to expand options for their customers. 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 21-082 Cottonwood Coffee, Inc., dba Cottonwood Bistro On-Off Sale Wine Operating Agreement - New Now, Therefore, Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Management Agreement for Wine between the City of Brookings and Cottonwood Coffee Inc, dba Cottonwood Bistro, Jacob Limmer, owner, for the purpose of a manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 1710 & 1712 6th Street. Legal description: North 60 feet of the South 116 and the East 25 feet of the West 44 feet, also to include the patio area: North 37 feet of the South 116 feet and the East 15 feet of the West 19 feet, Lot 1, Brickwood Plaza Addition. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years and renewal for another five (5) years. Passed and approved this 12th day of October, 2021. CITY OF BROOKINGS Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk WINE OPERATING AGREEMENT Cottonwood Coffee, Inc., dba Cottonwood Bistro 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 Jacob Limmer, owner, Cottonwood Coffee, Inc., dba Cottonwood Bistro, hereinafter referred to as “Manager.” The City and Manager are referred to as the “parties” herein. WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on -sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: I. This Agreement is made and entered into on a limited basis between the parties hereto to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement in accordance with all State laws and City Ordinances now in effect and as m ay be enacted in the future. II. The Manager shall be individually responsible for all operating expenses of said on -sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. III. The on-sale establishment shall be located upon real property in the City of Brookings, South Dakota, described as: North 60 feet of the South 116 and the East 25 feet of the West 44 feet, also to include the patio area: North 37 feet of the South 116 feet and the East 15 feet of the West 19 feet, Lot 1, Brickwood Plaza Addition, City of Brookings, Brookings County, South Dakota IV. The Manager shall dispense only alcoholic beverages supplied by the Municipal Off- Sale establishment. V. This Agreement shall be in full force and effect for a period of five (5) years, with the Manager having the option and privilege of a five (5) year extension, subject to the approval of the governing body of the City of Brookings. VI. Either the Manager or the City may terminate this Agreement without cause upon ninety (90) days written notice served by either party upon the other. The City 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 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 recor ds and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. X. In consideration of the covenants herein contained, the Manager agrees to pay the CITY OF BROOKINGS, Five Hundred, and no/100 Dollars ($500.00), constituting the Annual License Fee on or by the 1st day of November of each year thereafter as long as this agreement shall remain in force and effect. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided therein. The Manager further agrees that if the annual fee shall be increased at any time by the legislature, the Manager shall pay the amount of any such increase. XI. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. XII. The Manager shall have the right to return, at any time, alcoholic beverages received from the City which are eligible to be returned and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the cost of such alcoholic beverages. XIII. The Manager agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. XIV. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and the Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including taxes. XV. The Manager agrees to observe all Federal and State laws and ordinances of the Ci ty 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 r ights of the City under this Agreement shall not constitute a continuous waiver, and any violation or breach of the terms of this Agreement by the Manager shall constitute a separate and distinct offense and grounds for immediate termination and revocation of this Agreement. XIX. This agreement shall not be assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is effective this 12th day of October, 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 and On-Off Sale Wine Licenses – NEW Cottonwood Coffee, Inc., dba Cottonwood Bistro NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on October 12, 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 the issuance of an On-Off Sale Malt License and an On-Off Sale Wine License for Cottonwood Coffee, Inc., dba Cottonwood Bistro, Jacob Limmer, owner, 1710 6th Street, Suite 1710 and 1712), Brookings, South Dakota. Legal description: North 60 feet of the South 116 and the East 25 feet of the West 44 feet, also to include the patio area: North 37 feet of the South 116 feet and the East 15 feet of the West 19 feet, Lot 1, Brickwood Plaza 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 1st day of October, 2021. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ B rook ings County, SD Developed by Par cel ID 400690010000000 Sec/T wp/Rng -- Pr oper ty Address 1710 6TH ST BROOKINGS Alter nate ID n/a Class NADC Acr eage n/a Ow ner Address PROFESSIONAL C OMM PROP L L C 6401 S MINNESOTA AVE SIOUX FAL LS SD 57108 Distr ict 4001 - BROOKINGS/BROOKINGS SC H Br ief T ax Descr iption BRIC KWOOD PLAZA ADDITION LOT 1 134,764 SF (Note: Not to be used on leg a l documents) Date created: 9/28/2021 Last Data Uploa ded: 9/28/2021 8:06:40 AM 205 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0467,Version:1 Public Hearing and Action on a request for an On-Off Sale Malt License for Cottonwood Coffee, Inc., dba Cottonwood Bistro, Jacob Limmer, owner, 1710 & 1712 6th Street, legal description: North 60 feet of the South 116 and the East 25 feet of the West 44 feet, also to include the patio area: North 37 feet of the South 116 feet and the East 15 feet of the West 19 feet, Lot 1, Brickwood Plaza Addition. Summary: The City of Brookings has received an application for an On-Off Sale Malt License for Cottonwood Bistro, Inc. 1710 & 1712 6th Street, Jacob Limmer, owner. All required documents have been submitted for this application. Background: A public hearing and action by the local governing body is required. The On-Off Sale Malt License would be effective November 2021, and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Recommendation: Staff recommends approval. Attachments: Memo Legal Notice Map City of Brookings Printed on 10/7/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: October 12, 2021 Subject: New Malt License - Cottonwood Coffee, Inc. Person(s) Responsible: Bonnie Foster, City Clerk Summary: The City of Brookings has received an application for an On -Off Sale Malt License for Cottonwood Coffee, Inc., dba Cottonwood Bistro, 1710 & 1712 6th St., Jacob Limmer, owner. All required documents have been submitted for this application. Video Lottery is not being requested at this time. At such time Video Lottery is requested, a public hearing and City Council action will be required Background: A public hearing and action by the local governing body is required. The On -Off Sale Malt License would be effective November 2021, and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Item Details: Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in accordance with SDCL Chapter 35 -2 (SDCL 35-2-1 et seq.) and in accordance with the following factors: 1) Type of business which applicant proposes to operate: on -sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. 2) The manner in which the business is operated: on-sale alcoholic beverage operating agreements and alcoholic beverage licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. 3) The extent to which minors are employed in such a place of business: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. 4) Adequacy of the police facilities to properly police the proposed location: The city council shall inquire of the city manager whether the police department can adequately police the proposed location. 5) Other factors: The hours that business is conducted shall be considered by the city council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses. (Code 1996, § 5-20) State Law reference - Local license approval, SDCL 35-2-1.2. SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or disapproval. Any applicant for a new retail license, except as set forth in § 35-2-1.1, or the transfer of an existing license shall submit an application to the governing body of the municipality in which the applicant intends to operate, or if outside the corporate limits of a municipality, to the governing body of the county in which the applicant intends to operate. The applicant shall submit the required fee with the application. The governing body may approve the application for a new retail license or the transfer of an existing license if the governing body considers the applicant suitable to hold the license and the proposed location is suitable. The governing body may disapprove an application for a new retail license or the transfer of an existing license issued under subdivision 35 -4-2(4), (6), or (13) if: 1) The approval of the application permits a person, corporation, or business entity to possess more than one-third of the licenses available to be issued in the jurisdiction; and 2) The governing body determines that possession of more than one -third of licenses available is not in the public interest. Any application for the reissuance of a retail license may be approved by the municipal or county governing body without a hearing unless in the past year the licensee or one or more of the licensee's employees have been subjected to a criminal penalty for violation of the alcoholic beverage control law or the license has been suspended. Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp 1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§ 35-4-32, 35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1; SL 2017, ch 164, § 1; SL 2018, ch 213, § 12. Legal Consideration: None Strategic Plan Consideration: Economic Growth – allowing businesses in Brookings to expand options for customers. Financial Consideration: The On-Off Sale Malt License would be effective November 2021, and is subject to an annual renewal. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Refer to a Study Session 5. Do nothing Staff recommends approval. Supporting Documentation: Legal Notice Map NOTICE OF PUBLIC HEARING On-Off Sale Malt and On-Off Sale Wine Licenses – NEW Cottonwood Coffee, Inc., dba Cottonwood Bistro NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on October 12, 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 the issuance of an On-Off Sale Malt License and an On-Off Sale Wine License for Cottonwood Coffee, Inc., dba Cottonwood Bistro, Jacob Limmer, owner, 1710 6th Street, Suite 1710 and 1712), Brookings, South Dakota. Legal description: North 60 feet of the South 116 and the East 25 feet of the West 44 feet, also to include the patio area: North 37 feet of the South 116 feet and the East 15 feet of the West 19 feet, Lot 1, Brickwood Plaza 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 1st day of October, 2021. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ B rook ings County, SD Developed by Par cel ID 400690010000000 Sec/T wp/Rng -- Pr oper ty Address 1710 6TH ST BROOKINGS Alter nate ID n/a Class NADC Acr eage n/a Ow ner Address PROFESSIONAL C OMM PROP L L C 6401 S MINNESOTA AVE SIOUX FAL LS SD 57108 Distr ict 4001 - BROOKINGS/BROOKINGS SC H Br ief T ax Descr iption BRIC KWOOD PLAZA ADDITION LOT 1 134,764 SF (Note: Not to be used on leg a l documents) Date created: 9/28/2021 Last Data Uploa ded: 9/28/2021 8:06:40 AM 205 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0478,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 Alumni Banquet to be held on October 22, 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 a Distinguished Alumni Banquet to be held October 22, 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 10/7/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: October 12, 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 a Distinguished Alumni Banquet to be held October 22, 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 Licen se for a Distinguished Alumni Banquet to be held October 22, 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: Economic Growth – allowing businesses to expand options for their customers. Financial Consideration: Resolution 15-066, Resolution establishing the License Fees for the Issuance of Special Alcoholic Beverage Licenses in the City of Brookings. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Do nothing Staff recommends approval. Supporting Documentation: Legal Notice Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public heari ng at 6:00 p.m., Tuesday, October 12, 2021, in the Brookings City & County Government Center, 520 Third Stree t, to consider a Temporary Alcohol License Application from Aramark Educational Services, LLC, to operate within the City of Brookings, South Dakota, for an Alumni Banquet to be held October 22, 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 1st day of October, 2021. Bonnie Foster, City Clerk Published time(s) at an approximate cost: $ . City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 21-032,Version:2 Public Hearing and Action on Ordinance 21-032, an Ordinance to Change the Zoning within the City of Brookings, rezoning a portion of Arbor Hill Addition from Residence R-3 Apartment District to Business B-2 District. Summary: CD Properties LLC has submitted a request to rezone a portion of Arbor Hill Addition from Residence R-3 Apartment District to Business B-2 District. Recommendation: The Development Review Team and staff recommend approval. The Planning Commission voted 5- 0 recommending approval of the rezoning request. Attachments: Memo Ordinance Public Notice - City Council Public Notice - Planning Commission Planning Commission Minutes Application B-2 Zoning Excerpt Area Map Zoning Map Future Land Use Map City of Brookings Printed on 10/7/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: October 12, 2021 Subject: Request to rezone a portion of Arbor Hill Addition from Residence R-3 Apartment District to Business B-2 District. Person(s) Responsible: Mike Struck, Community Development Director Summary: CD Properties LLC has submitted a request to rezone a portion of Arbor Hill Addition from Residence R-3 Apartment District to Business B-2 District. Background: The area seeking rezoning was zoned Residence R-3 Apartment District in 2017. CD Properties LLC would now like to seek a rezoning for a portion of this area for future commercial development. Prior to this rezoning request, a request to amend the City’s Future Land Use Map from Medium Density Residential to Urban Medium Intensity was applied for and approved by the Planning Commission and City Council. Item Details: The area is located along 20th Street South near the intersection with the future Lucerne Avenue. Areas to the north and east are zoned R-3. Areas to the south and west are zoned R-3 and Residence R-2 Two-Family District. The property is now classified as Urban Medium Intensity, which supports the proposed rezoning to a B-2 District. Additional commercial rezoning requests are expected along 20th Street South due to the upcoming I-29 / 20th Street South interchange. The Future Land Use Map amendment preceding this rezoning request included additional frontage along 20 th Street South between the subject property to near 22nd Avenue South. Without the anticipated future land use change along 20th Street South and additional expected rezoning requests, the proposed rezoning request could cause concern from a spot zoning perspective. Legal Consideration: None. Strategic Plan Consideration: 5) Economic growth – the rezone will open up future business opportunities. 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 of the rezoning request. The Planning Commission voted 5 – 0 recommending approval. Supporting Documentation: Ordinance Public Notice – City Council Public Notice – Planning Commission Planning Commission Minutes Application B-2 Zoning Excerpt Area Map Zoning Map Future Land Use Map Ordinance 21-032 An Ordinance to Change the Zoning within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: The North 200’ of the East 226’ of the North 1350’ Exc. West 312’ and Exc. East 1128.5’ and Exc. OL’s 2 & 3 and Exc. North 40’ and Exc. Arbor Hill Addition in the NE ¼, Section 1, Township 109 North, Range 50 West from a Residence R-3 Apartment District to a Business B-2 District. In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading: September 28, 2021 Second Reading and Adoption: October 12, 2021 Published: October 15, 2021 CITY OF BROOKINGS, SD ________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk NOTICE OF PUBLIC HEARING Ordinance 21-032 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, October 12, 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 -032, to rezone a portion of Arbor Hill Addition in the City of Brookings from Residence R-3 Apartment District to Business B-2 District. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 1st day of October, 2021. CITY OF BROOKINGS Bonnie Foster, City Clerk Published one time at an approximate cost: $ . If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN that CD Properties LLC has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: The North 200’ of the East 226’ of the North 1350’ Exc. W est 312’ and Exc. East 1128.5’ and Exc. OL’s 2 & 3 and Exc. North 40’ and Exc. Arbor Hill Addition in the NE ¼, Section 1, Township 109 North, Range 50 W est The request is to rezone the above from Residential R-3 apartment district to Business B-2 district. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, September 7, 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 27th day of August, 2021. Ryan Miller City Planner Planning Commission Brookings, South Dakota September 7, 2021 OFFICIAL MINUTES Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on Tuesday, September 7, 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, Jacob Mills, Lee Ann Pierce, Roger Solum and Jorgenson. Absent were Greg Fargen, Justin Borns and Ashley Biggar. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, and Jerry Cooley. Item #5a - CD Properties LLC has submitted a petition to rezone the North 200’ of the East 226’ of the North 1350’ Exc West 312’ and Exc East 1128.5’ and Exc OL’s 2 & 3 and Exc North 40’ and Exc Arbor Hill Addition in the NE ¼ of Section 1, Township 109 North, Range 50 West. The request is to rezone from Residential R-3 Apartment District to Business B-2 District. (Solum/Pierce) Motion to approve the rezone request. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5a – This area is located along 20th Street South near the intersection of Lucerne Avenue. Areas to the north and east are zoned R-3 Apartment District. The property has recently been classified to Urban Medium Intensity which supports the proposed B-2 District. Miller explained that staff received two calls related to the proposed rezoning. One caller was curious as to what a B-2 district would allow. A second caller was concerned with the rezoning due to the retail component and intensity allowed in the B-2 district. The meeting adjourned at 6:16 p.m. ______________________ __________________________ Ryan Miller, City Planner Gregg Jorgenson, Chairperson (a) (b) (c) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (d) (1) a. b. (2) a. b. (3) a. b. (4) a. b. (5) a. b. c. d. Sec. 94-132. - Business B-2 district. Intent. This district is intended to provide a moderate variety of retail and personal services. This district will include commercial uses whose retail operation and outdoor display of retail merchandise will be compatible with residential neighborhoods. No unscreened outdoor storage is permitted. Scope of section regulations. The regulations set forth in this section or set forth elsewhere in this title, when referred to in this section, are the district regulations of the Business B-2 district. Permitted uses. Permitted uses in the B-2 district are as follows: All permitted uses in the B-1 central district. Grocery supermarket. Drive-in food service. Funeral home or mortuary. Gas dispensing station. Automobile sales. Community center. Roadside stand. Drinking establishment. Telecommunications tower. Permitted special uses. A building or premises in the B-2 district may be used for the following purposes in conformance with the conditions prescribed in this subsection: Car wash. The entire operation shall be within an enclosed structure. Drainage shall be contained on the site. Day care facility. A four-foot high transparent fence shall be constructed between the play area and the street. An off-street pick-up and drop-off area shall be provided. Mixed business/residential use. Provisions of article II of this chapter shall govern all residential uses. A site plan showing off-street parking for each use shall be submitted. Citizen's drop-off for recyclables. Containers or bins shall be provided for all waste material. No container shall be located within 100 feet of a residential district. Brewpub. The area used for brewing, including bottling and kegging, shall not exceed 25 percent of the total floor area of a combined restaurant and drinking establishment and 50 percent of the total floor area of a drinking establishment without restaurant services. A malt beverage manufacturer's license must be obtained per state law. An alcohol beverage license must be obtained per city ordinance. The brewery shall not produce more than 1,500 barrels of beer and ale per year. A barrel contains 31 gallons. (6) (7) a. (8) a. b. (e) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (f) (g) (h) (i) (j) Governmental administration and services, such as offices, firehouse, police and like uses; however, this section be interpreted to permit such uses as warehousing, storage of vehicles, heavy equipment or supplies. Public library or museum. One of the frontages of the premises shall abut upon an arterial or collector street. Indoor recreation facility. The use must be contained within a building. All equipment and materials shall be stored inside the building. Conditional uses. Conditional uses in the B-2 district are as follows: Wholesale trade. Automobile service station. Repair garage. Freight handling. Domestic abuse shelter. Apartment. Small animal clinic. Church. Outdoor sales. Broadcast tower. Density, area, yard and height regulations. The density, area, yard and height regulations in the B-2 district are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height Commercial uses 15,000 100 feet 25 feet 5 feet*20 feet*45 feet Other allowable uses 15,000 100 feet 25 feet 7 feet**20 feet 45 feet *Refer to section 94-399.1 bufferyards. **The side yard will be required to be increased to ten feet if the building is three or more stories in height. Accessory uses. Accessory uses and building permitted in the B-2 district are buildings and uses customarily incidental to any of the permitted uses in the B-2 district. Parking regulations. Parking, loading and stacking within the B-2 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. Sign regulations. Signs within the B-2 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. Other regulations. Development within the B-2 district shall be in conformance with the regulations set forth in article II of this chapter. (Ord. No. 21-03, 8-26-2003; Ord. No. 24-03, § I, 8-26-2003; Ord. No. 09-10, 2-23-2010; Ord. No. 18-014 , § II, 10-9-2018; Ord. No. 19-008 , § 1, 6-11-2019; Ord. No. 20-014 , § 3, 8-11-2020) 20TH ST SPINEHURST DR2A MORIAR T Y EDGEB R O O K ADDITIO N 80'R.O.W.E140' O.L. 2 N1350' OF E1128.5' OF NE1/4 OF SEC. 1-T109N-R50W EXC. PLATTED AREAS 14 N1350' EXC. W 312' & EXC. E1128.5' & EXC. OL'S 2 & 3 & EXC. N 40' THEREIN OF NE1/4 SEC. 1-T109N-R50W EXC. PLATTED AREAS S02°46'45"E200.02'S88°07'25"W 209.98'N28°09'25"W 6.92'L=80.63'R=170.00'N00°58'58"W115.91'N88°07'51"E 225.64'S02°46'45"E81.51'JOB NO : DATE : SHEET NO. : PROJECT / SHEET TITLE : 1"1/2"0 SCALE REDUCTION BAR www.bannerassociates.com Toll Free: 1.855.323.6342 ENG/ARCH: DESIGNER: TECHNICIAN:JLU JDB --- 22587-00 JUNE 2021 1 OF 1 EXHIBIT A BROOKINGS, SOUTH DAKOTA LEGEND MONUMENT FOUND N1350' EXC. W 312' & EXC. E1128.5' & EXC. OL'S 2 & 3 & EXC. N 40' THEREIN OF NE1/4 SEC. 1-T109N-R50W EXC. PLATTED AREAS IN THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTA EXHIBIT A 03060 FT STE. BRIARWOOD CIRCLEW. BRIARWOOD CIRCLE22ND ST. S.GRAND ARBOR CIRCLEFOX HILL CIRCLEWILDWOOD CIRCLE GRAND ARBOR AVE LUCERNE AVE.BLOCK 2BLOCK 3BLOCK 3BLOCK 4BLOCK 4BLOCK 6BLOCK 7BLOCK 128271110694517617651310111532141316195129834122187432126252322212042112456823456718171981151416241817337BLOCK 5R-3R-3R-2R-1DR-1DR-1DR-1DR-1DAR-1BR-1CR-3R-3R-3R-1BSHEET No. :PROJECT / SHEET TITLE :DESIGNED BY:CHECKED BY:DRAWN BY:DATE:JOB No.:www.bannerassociates.com Toll Free: 1.855.323.6342 F:\22587-00\Design Phase\Acad\Arbor Hill Preliminary Plat.dwg;5/30/2017 10:04 AM REZONE MAP ARBOR HILL ADDITION BROOKINGS, SDJDBPJCJDBMAY 201722587-001250'125'0125'GRID BEARINGLEGENDMONUMENT (FOUND)EXISTING PROPERTY LINEPROPOSED PROPERTY LINEPROPOSED BUILDING SETBACK LINEPROPOSED ZONING BOUNDARY20TH STREET S.17TH AVENUE S. PINE H U R S T D R I V ESPY GLASS HILL DRIVE Master Map master map of GIS DATA 300ft 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 21-033,Version:2 Public Hearing and Action on Ordinance 21-033, an Ordinance to Change the Zoning within the City of Brookings, rezoning a portion of Reserve Addition from Residence R-3 Apartment District to Business B-3 Heavy District. Summary: CD Properties LLC has submitted a request to rezone a portion of Reserve Addition from Residence R-3 Apartment District to Business B-3 Heavy District. Recommendation: The Development Review Team and staff recommend approval of the rezoning request. The Planning Commission votes 5-0 recommending approval. Attachments: Memo Ordinance Public Notice - City Council Public Notice - Planning Commission Planning Commission Minutes Application B-3 Zoning Excerpt Aerial Map Zoning Map Future Land Use Map City of Brookings Printed on 10/7/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: October 12, 2021 Subject: Request to rezone a portion of Reserve Addition from Residence R-3 Apartment District to Business B-3 Heavy District. Person(s) Responsible: Mike Struck, Community Development Director Summary: CD Properties LLC has submitted a request to rezone a portion of Reserve Addition from Residence R-3 Apartment District to Business B-3 Heavy District. Background: The area seeking rezoning was zoned Residence R-3 Apartment District along with a majority of what is today the Reserve Addition Development. CD Properties LLC would now like to seek a rezoning for a portion of this area for a proposed commercial development. Prior to this rezoning request, a request to amend the City’s Future Land Use Map from Medium Density Residential / Open Wetlands to Urban Medium Intensity was applied for and approved by the Planning Commission and City Council. Item Details: The area is located along Christine Avenue in the Reserve Addition. The area to the north is zoned Residence R-3 Apartment District. An 80-foot wide wetland tract is located between the property and potential residential development to the north. The area to the east, across Christine Avenue, is also zoned R-3. Property to the west is zoned Agriculture and contains undevelopable wetlands. Property to the south along 20th Street South is zoned Business B-2 District. The B-3 District is considered one of the most intense business zoning districts in the City of Brookings. Some of the uses, special uses, and conditional uses can also be found in the Industrial I-1 Light District. Please see attached B-3 Zoning Excerpt for a full list of uses, special uses, and conditional uses allowed within the B-3 District. The area is now classified as Urban Medium Intensity on the Future Land Use Map after the Planning Commission and City Council’s recent approval of the land use map amendment. The Urban Medium Intensity classification is supportive of a potential rezone to Business B-3 Heavy District. The transition from residential zoning districts (north and east) to the most intense business district is the reverse of a typical zoning buffer / transition. A preferable transition would place residential districts adjacent to the lowest intensity business districts and slowly transition to more intense districts in order to provide a maximum buffer between residential areas and intense business and industrial districts. Despite this, staff is comfortable with the request due to the applicant’s desire to proceed with a commercial development that would complement and support the existing residential district and Reserve Addition development to the north. Legal Consideration: None Strategic Plan Consideration: 5) Economic Growth – The rezoning request will allow for new business opportunities 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 of the rezoning request. The Planning Commission voted 5 - 0 recommending approval. Supporting Documentation: Ordinance Public Notice – City Council Public Notice – Planning Commission Planning Commission Minutes Application B-3 Zoning Excerpt Area Map Zoning Map Future Land Use Map Ordinance 21-033 An Ordinance to Change the Zoning within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: Land West of Christine Avenue in the Southwest ¼ of the Southwest ¼ Exc. Platted Areas and Exc. South 265’ and Exc. North 740’ in Section 36, Township 110 North, Range 50 West from Residential R-3 Apartment District to Business B-3 Heavy District. In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading: September 28, 2021 Second Reading and Adoption: October 12, 2021 Published: October 15, 2021 CITY OF BROOKINGS, SD ________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk NOTICE OF PUBLIC HEARING Ordinance 21-033 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, October 12, 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 -033, to rezone portion of Reserve Addition Residence R-3 Apartment District to Business B-3 Heavy District. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 1st day of October, 2021. CITY OF BROOKINGS Bonnie Foster, City Clerk Published one time at an approximate cost: $ . If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN that CD Properties LLC has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: Land west of Christine Ave in the SW ¼ of the SW ¼ Exc. Platted Areas and Exc. South 265’ and Exc. North 740’ in Section 36, Township 110 North, Range 50 West The request is to rezone the above from Residential R-3 apartment district to Business B-3 heavy district. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, September 7, 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 27th day of August, 2021. Ryan Miller City Planner Planning Commission Brookings, South Dakota September 7, 2021 OFFICIAL MINUTES Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on Tuesday, September 7, 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, Jacob Mills, Lee Ann Pierce, Roger Solum and Jorgenson. Absent were Greg Fargen, Justin Borns and Ashley Biggar. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, and Jerry Cooley. Item #5b - CD Properties LLC submitted a petition to rezone the land west of Christine Ave in the SW1/4 of the SW1/4 Exc Platted areas and Exc. South 265’ and Exc. North 740’ in Section 36, Township 110 North, Range 50 West. The request is to rezone from a Residential R-3 Apartment District to a Business B-3 Heavy District. (Aiken/Mills) Motion to approve the rezone request. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5b – This rezone request is for an area near Christine Avenue and 20th Street South. This area was recently reclassified to Urban Medium Intensity which supports a Business B-3 Heavy District. Drew explained that they currently have a business with plans to come into this area, and the type of business falls into the B-3 Heavy District zoning. Mills asked if there was a particular reason why the B-3 Zoning was selected and if it was it for setback reasons? Drew stated that he isn’t able to answer this question in a public forum. The meeting adjourned at 6:16 p.m. ______________________ __________________________ Ryan Miller, City Planner Gregg Jorgenson, Chairperson (a) (b) (c) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (d) (1) a. (2) a. Sec. 94-134. - Business B-3 heavy district. Intent. This district is intended to provide for a wide variety of retail services. This district will include commercial uses requiring large land areas, extensive retail operations and outdoor display of merchandise. Inventory and material storage shall be screened. Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Business B-3 heavy district. Permitted uses. Retail or service store. Personal service store. Financial services. Public transportation facility. Public utility facility. Parking facility or lot. Grocery supermarket. Drive-in food service. Gas dispensing station. Reserved. Car wash. Indoor or outdoor recreational facility. Temporary storage facility. Automobile sales. Office building. Roadside stand. Drinking establishment. Telecommunications towers. Emergency services. Personal health services. Permitted special uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein: Outdoor sales. Used parts and other material storage shall be screened from adjoining property. Wholesale trade with warehousing. All inventory shall be stored within a completely enclosed building. (3) a. b. (4) a. (5) a. (6) a. b. c. (7) a. (8) a. b. (9) a. (10) a. b. (11) a. b. (12) Lumberyard. The lumber storage area shall be at the rear of the building and screened from any arterial street or residential district. Seasonal outdoor displays shall not reduce the number of required parking spaces on the lot below the minimum requirements. Nursery or greenhouse. Any land used to grow flowers, shrubs or trees shall not be located within 50 feet of an arterial street. Reverse vending machine. A trash receptacle shall be provided on-site. Automobile service station. No fuel delivery pump shall be located within 20 feet of any side lot line or right-of-way line. No fuel pump shall be located within 50 feet of the side or rear lot line abutting a residential district. All repair work shall be done within a completely enclosed building. All used automobile parts and dismantled vehicles shall be screened from adjacent property. Citizen's drop-off for recyclables. No container shall be located within 100 feet of a residential district. Motor vehicle repair shop. All repair work shall be done within a completely enclosed building. All used automobile parts and dismantled vehicles shall be screened from adjacent property. Motel or hotel. A minimum lot area of 1,000 square feet shall be provided for each sleeping room or suite. Equipment rental store. An on-premises pickup and drop-off area shall be provided. Outdoor displays shall not reduce the number of required parking spaces on the lot below the minimum requirements. Auction house. An on-premises pickup and drop-off area shall be provided. Outdoor displays shall not reduce the number of required parking spaces on the lot below the minimum requirements. Semi-trailer storage. a. (13) a. (14) a. b. c. d. (15) a. b. c. (16) a. (17) a. b. (18) a. b. (e) (1) (2) (3) (4) (5) (6) (7) Storage shall not be permitted in the minimum front yard setback. Extended stay motel. A minimum lot area of 1,000 square feet shall be provided for each sleeping room or suite. Brewpub. The area used for brewing, including bottling and kegging, shall not exceed 25 percent of the total floor area of a combined restaurant and drinking establishment and 50 percent of the total floor area of a drinking establishment without restaurant services. A malt beverage manufacturer's license must be obtained per state law. An alcohol beverage license must be obtained per city ordinance. The brewery shall not produce more than 1,500 barrels of beer and ale per year. A barrel contains 31 gallons. Microbrewery. The production of malt beverages shall be limited to 15,000 barrels per year or less. A malt beverage manufacturer's license must be obtained per state law. All grain shipments and spent grain shall be contained within a completely enclosed building. Contractor's shop. All equipment and materials shall be contained within a completely enclosed building. Farm/feed store. No retail sale items in bulk form shall be permitted as outside display. All outside retail items shall only be displayed adjacent to the building. Animal hospital. All cremation equipment and processes must be confined within an enclosed building. Deceased animal storage areas must be completely within an enclosed building at all times. Conditional uses. Assembling and packaging. Freight handling. Manufacturing, light. Mixed business/residential use. Contractors shop and storage yard. Buy back center for recyclables. Household hazardous waste site. (8) (9) (10) (11) (12) (13) (14) (15) (f) (g) (h) (i) (j) Light processing facility. Transfer site for recyclables. Day care facility. Kennel. Truck and trailer rentals. Farm implement sales. Broadcast tower. Wholesale trades with storage yard. Density, area, yard and height regulations. The B-3 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 20 feet 5 feet*20 feet*45 feet *Refer to section 94-399.1 bufferyards. Accessory uses. Accessory uses and building permitted in the B-3 district are buildings and uses customarily incidental to any of the permitted uses in the district. Parking regulations. Parking, loading and stacking within the B-3 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. Sign regulations. Signs within the B-3 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. Other regulations. Development within the B-3 district shall be in conformance with the regulations set forth in article II of this chapter. (Ord. No. 21-03, 8-26-2003; Ord. No. 42-08, 11-18-2008; Ord. No. 29-09, § 1, 11-17-2009; Ord. No. 09-10, 2- 23-2010; Ord. No. 18-12, § 2, 7-10-2012; Ord. No. 15-020 , § 2, 12-8-2015; Ord. No. 17-005 , § I, 2-28-2017; Ord. No. 18-014 , § IV, 10-9-2018; Ord. No. 20-014 , § 3, 8-11-2020) SECTION LINE UNPLATTED SW1/4 SW1/4 EXC. PLATTED AREAS & EXC. S40' THEREIN SEC. 36-110-50 BLOCK 1 NELSON 5 T H A D D ' N 70' R.O.W .CHRIST INE AVENUE LOT 1 B L O C K 2 NELSON 5 T H A D D I T I O N LOT 2 BLOCK 2 NELSON 5TH ADDITIO N WETLAND TRACT 3 RESERVE SECOND ADDITION WETLAND TRACT 4 RESERVE SECOND ADDITION WETLAND TRACT 5 RESERVE SECOND ADDITION UNPLAT T E D SW1/4 S W 1 / 4 E X C . P L A T T E D AREAS & E X C . S 4 0 ' T H E R E I N SEC. 36 - 1 1 0 - 5 0 40'R.O.W.20TH ST SN02°21'55"W298.09'L=15.77' R=135.99' L=26.03' R=36.55'L =9 3 .0 0 ' R =2 4 2 4 .4 5 ' L =4 8.2 0' R =2 5 5.3 6' L=55.7 8 ' R=295 .5 7 ' L =4 8 .7 4 ' R =4 3 0.2 8 ' L=32.73' R=1138.86'L=79.82'R=535.00'S20°59'19"E183.22 ' L=5.54' R=530.00' S77°33'35"W 5.00' L=38.14' R=65.80' L=2.97' R=65.80'L=64.77'R=465.00'N88°05'32"E 403.01'L=90.09'R=465.00'225'JOB NO : DATE : SHEET NO. : PROJECT / SHEET TITLE : 1"1/2"0 SCALE REDUCTION BAR www.bannerassociates.com Toll Free: 1.855.323.6342 ENG/ARCH: DESIGNER: TECHNICIAN:JLU JDB --- 22027-01 JUNE 2021 1 OF 1 EXHIBIT A BROOKINGS, SOUTH DAKOTA LEGEND MONUMENT FOUND SW1/4 SW1/4 EXC. PLATTED AREAS & EXC. S40' THEREIN, IN SECTION 36-T110N-R50W OF THE 5TH P.M., IN THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTA EXHIBIT A 050100 FT R-3R-3 R-3 R-3 R-3A PDD A A B-2A R-3 A R-3 R-3 B-2B-2 R-3 Master Map master map of GIS DATA Brookings County Roads FLU_RDG Business Park Civic Downtown Industrial Mobile Homes Open Space Open Wetland Parks Public Facilities Res HD Res LD Res MD Strategy Area Urban High Urban Low 300ft 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 21-034,Version:3 Public Hearing and Action on Ordinance 21-034, an Ordinance to Permit by Conditional Use a woodworking shop in a Residence R-2 on the West Sixty-five (W 65’) Feet of Lot Six (6) and the West Sixty-five (W 65’) of the North Forty (N 40’) Feet of Lot Five (5), all in Block Four of the Original Plat to the Town, now City of Brookings, Brookings County, State of South Dakota, also known as 202 4th Street. Summary: Jerry Cooley has applied for a Conditional Use Permit to operate a small woodworking shop, which is a major home occupation in the Residence R-2 Two-Family District. Recommendation: The Development Review Team recommends approval. Staff recommends approval with the following conditions: ·The conditional use permit is for the applicant only and cannot be transferred to subsequent property owners. ·The hours of operation must be limited to 7:00 am - 10:00 pm. The Planning Commission voted 6-0 recommending approval of the conditional use with staff recommended conditions. Attachments: Memo Ordinance Public Notice - City Council Public Notice - Planning Commission Planning Commission Minutes Application Major Home Occupation Checklist Aerial and Zoning Map City of Brookings Printed on 10/7/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: October 12, 2021 Subject: Cooley Conditional Use Permit: Major Home Occupation – 202 4th Street Person(s) Responsible: Mike Struck, Community Development Director Summary: Jerry Cooley has applied for a Conditional Use Permit to operate a small woodworking shop, which is a major home occupation in the Residence R-2 Two-Family District. Background: The property at 202 4th Street includes a 200 square foot detached garage in which the applicant would like to begin using as a small woodworking shop. A woodworking shop is considered a major home occupation which requires a Conditional Use Permit for approval. Item Details: The woodworking shop could include the use of machinery such as a miter saw, table saw, router, and drills, etc. Products from the home occupation could include coasters, cutting boards, soap dishes, and small trinket shelves. The products would not be sold on site. The applicant has stated he may operate in the woodworking shop during late afternoon and evening hours after work. The shop would be located in the detached garage. Sufficient off-street parking remains with driveway spaces. Legal Consideration: None Strategic Plan Consideration: 5) Economic growth – the conditional use permit will allow for a home based business 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. Staff recommends approval with the following conditions:  The conditional use permit is for the applicant only and cannot be transferred to subsequent property owners.  The hours of operation must be limited to 7:00 am – 10:00 pm. The Planning Commission voted 6-0 recommending approval of the conditional use with staff recommendations. Supporting Documentation: Ordinance Public Notice – City Council Public Notice – Planning Commission Planning Commission Minutes Application Major Home Occupation Checklist Aerial and Zoning Map Ordinance 21-034 An Ordinance to Permit by Conditional Use a woodworking shop in a Residence R-2 Two-Family District. Be It Ordained by the governing body of the City of Brookings, South Dakota, that said Conditional Use shall be approved to operate a woodworking shop on the West Sixty- five (W 65’) Feet of Lot Six (6) and the West Sixty-five (W 65’) of the North Forty (N 40’) Feet of Lot Five (5), all in Block Four of the Original Plat to the Town, now City of Brookings, Brookings County, State of South Dakota, also known as 202 4th Street with the following conditions: 1) The conditional use permit is for the applicant only and cannot be transferred to subsequent property owners. 2) The hours of operation must be limited to 7:00 am - 10:00 pm. All sections and Ordinances in conflict herewith are hereby repealed. First Reading: September 28, 2021 Second Reading: October 12, 2021 Published: October 15, 2021 CITY OF BROOKINGS __________________________ Oepke G. Niemeyer, Mayor ATTEST: ________________________________ Bonnie Foster, City Clerk NOTICE OF PUBLIC HEARING Ordinance 21-034 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, October 12, 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 -034, to permit by Conditional Use a woodworking shop in a Residence R -2 District on the West Sixty-five Feet (W 65’) of Lot Six (6) and the West Sixty-five Feet (W 65’) of the North Forty Feet (N 40’) of Lot Five (5), all in Block Four of the Original Plat, City of Brookings, also known as 202 4th Street. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 1st day of October, 2021. CITY OF BROOKINGS Bonnie Foster, City Clerk Published one time at an approximate cost: $ . 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 Jerry Cooley has submitted an application for a Conditional Use Permit on the following described real estate in the City of Brookings: The West Sixty-five (W 65’) Feet of Lot Six (6) and the West Sixty-five (W 65’) of the North Forty (N 40’) Feet of Lot Five (5), all in Block Four of the Original Plat to the Town, now City of Brookings, Brookings County, State of South Dakota, also known as 202 4th Street. The request is to operate a woodworking shop, which is a major home occupation, in the Residence R-2 two-family district. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, September 7, 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 27th day of August, 2021. Ryan Miller City Planner Planning Commission Brookings, South Dakota September 7, 2021 OFFICIAL MINUTES Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on Tuesday, September 7, 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, Jacob Mills, Lee Ann Pierce, Roger Solum and Jorgenson. Absent were Greg Fargen, Justin Borns and Ashley Biggar. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, and Jerry Cooley. Item #6a - Jerry Cooley has submitted an application for a Conditional Use Permit on the West Sixty- five (65’) Feet of Lot Six 6) and the West Sixty-five (W 65’) Feet of the North Forty (N 40’) Feet of Lot Five (5), all in Block Four of the Original Plat to the Town, now City of Brookings, Brookings County, State of South Dakota, also known as 202 4th Street. The conditional use permit is to allow a woodworking shop, which is a major home occupation, in the Residence R-2 two-family district. (Solum/Mills) Motion to approve the conditional use permit with the following conditions: 1.) the permit is for the applicant only and cannot be transferred to subsequent property owners 2.) the hours of operation must be limited to 7:00 am – 10:00 pm. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6a – The applicant would like to operate a small woodworking shop out of a garage at 202 4th Street. The applicant has a 200 sf garage that they would like to utilize. There would be no sales on site. Jerry Cooley stated that he plans to only make small size items. Larger items would not be part of the business. Jorgenson asked if the condition related to hours of operation are appropriate. Miller stated that the hours used in the conditions were set as a default based on the City’s nuisance ordinance and that the hours could be adjusted. The meeting adjourned at 6:16 p.m. ______________________ __________________________ Ryan Miller, City Planner Gregg Jorgenson, Chairperson 202 4th St 154 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 #:RES 21-085,Version:1 Action on Resolution 21-085, a Resolution for a Naming Rights Request for the Larson Ice Center Blue Rink. Summary: This Resolution will allow the Blue Rink at the Larson Ice Center to be named Brookings Dental Clinic Rink for a period of 10 years. As a part of the fund raising campaign for the Ranger Hockey Performance Center,the Brookings Ice Skating Association desires to offering naming rights to building features within the Larson Ice Center for ten year increments. Recommendation: Staff recommends approval. Attachments: Memo Resolution Blue Rink Naming Request City of Brookings Printed on 10/7/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Dusty Rodiek, Parks Director Council Meeting: October 12, 2021 Subject: Naming Rights Request Larson Ice Center - Blue Rink Person(s) Responsible: Dusty Rodiek, Parks Director Summary: This Resolution will allow the Blue Rink at the Larson Ice Center to be named Brookings Dental Clinic Rink for a period of 10 years. The annual contribution for the Blue Rink naming rights is $8,000/year. Resulting in a total commitment of $80,000 towards the project. As a part of the fund raising campaign for the Ranger Hockey Performance Center the Brookings Ice Skating Association desires to offering naming right s to building features within the Larson Ice Center for ten year increments. Background: In 2019, the Brookings Ice Skating Association (BISA) was awarded the advertising rights at the Larson Ice Center. Those advertising contracts enable the association to operate a successful youth hockey program and provides the funding for ice time at the facility which is paid to the City to offset operational costs. In 2020, the concept of a hockey training center located on the east end of the current Blue Rink area was developed cooperatively with BISA, city staff and review by the Park Advisory Board. The goal of the training center will be to enhance current youth programs and create new ones for developing young hockey players. As a part of the fund raising campaign for the Ranger Hockey Performance Center, the Brookings Ice Skating Association desires to offering naming right s to building features within the Larson Ice Center for ten year increments. Construction is expected to begin in 2022 Item Details: The projected construction cost of the Hockey Performance Center is approximately $1,000,000. The Brookings Ice Skating Association has committed to raising the full amount for the construction, related hockey training equipment, program staff, ongoing maintenance and amenity replacement as needed. BISA has already secured a matching pledge of half the project cost along with additional dollars to create an endowment to support ongoing costs from Dale Larson and he is comfortable with the naming rights fund raising strategy. Following the established City of Brookings Naming Policy, BISA is requesting that the “Blue” Rink at the Larson Ice Center be named the “Brookings Dental Clinic Rink” for a period of ten years. The annual contribution for the Blue Rink naming rights is $8,000/year. Resulting in a total commitment of $80,000 towards the project. All expenses for naming signage will be the responsibility of the hockey association . The naming proposal has been brought before the Park Advisory Board and they voted to recommend approval. Subsequent naming requests will be brought forward as they are secured through the association’s fundraising efforts. Legal Consideration: None Strategic Plan Consideration: This item and its related project aligns with many of the strategic goals of the City of Brookings. Being a user driven and funded project it represents fiscal responsibility while improving an existing facility in order to provide a new service in an innovative way with a plan for financial sustainability. Financial Consideration: The Brookings Ice Skating Association has committed to raising the full amount for the cost of construction, related hockey training equipment, program staff, ongoing maintenance and amenity replacement as needed. 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 resolution as presented. Supporting Documentation: Memo Resolution Blue Rink Naming Request Resolution 21-085 A Resolution approving a Naming Rights request to allow the Blue Rink at the Larson Ice Center to be named Brookings Dental Clinic Rink for a period of ten years. Whereas, the City of Brookings is the owner of the Larson Ice center located at 924 32nd Avenue; and Whereas, consistent with the goals of the City of Brookings’ Strategic Plan to create a connected community through fiscally responsible facility improvements; and Whereas, the City of Brookings has received a naming rights request from the Brookings Ice Skating Association to allow for the Blue Rink at the Larson Ice Center to be named the Brookings Dental Clinic Rink for a period of ten years; and Whereas, this action will allow for the fundraising for the Ranger Hockey Performance Center. Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South Dakota that the proposed naming request from the Brookings Ice Skating Association be approved at the Larson Ice Center. Adopted this 12th day of October, 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 #:ID 21-0493,Version:1 Executive Session, pursuant to SDCL 1-25-2.1, for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor and pursuant to SDCL 1-25-2.3, for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending lititgation or contractual matters. SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1.Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; 2.Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3.Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4.Preparing for contract negotiations or negotiating with employees or employee representatives; 5.Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or 6.Discussing information listed in subdivisions 1-27-1.5(8) and 1-27-1.5(17). However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1. City of Brookings Printed on 10/7/2021Page 1 of 1 powered by Legistar™