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HomeMy WebLinkAbout2022_03_08 CC PKTCity Council City of Brookings Meeting Agenda - Final Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, March 8, 2022 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. 5:30 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Action to approve the agenda. 4. Executive Session 4.A.ID 22-0120 Executive Session, pursuant to SDCL 1-25-2.3, for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters. Action: Motion to enter into Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote 6:00 PM REGULAR MEETING -- (Will not convene before 6:00 p.m.) 5. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed or to make a brief announcement or invitation. Items will be scheduled at the end of the meeting. Individuals are asked to state their name and address for the record. 6. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Page 1 City of Brookings March 8, 2022City Council Meeting Agenda - Final 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. At the request of any one Council Member or the City Manager, an item may be removed from the Consent Agenda and placed on the regular agenda whenever additional discussion on an item is necessary. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. 6.A.ID 22-0109 Action on the February 22, 2022 City Council minutes. 2/22/2022 MinutesAttachments: 6.B.RES 22-020 Action on Resolution 22-020, a Resolution declaring surplus property for the City of Brookings. ResolutionAttachments: 6.C.RES 22-021 Action on Resolution 22-021, a Resolution authorizing the City Manager to sign an On-Sale Liquor Operating Agreement renewal for David Olson, Inc., dba Danny’s, David Olson, owner, 703 Main Avenue South, Brookings, South Dakota, legal description: Lot 3, Block 1, Sheldons Subdivision, a sublot of Outlot P, and the south 40' of the vacated street. Resolution Operating Agreement Map Attachments: 6.D.RES 22-022 Action on Resolution 22-022, a Resolution authorizing the City Manager to sign a Wine Operating Agreement renewal for Cenex Zip Trip #64, CHS, Inc., owner, 3045 LeFevre Drive. Legal description: Lot 6, North 225 feet of the East 30 feet of Lot 7, LeFevre Addition. Resolution Operating Agreement Map Attachments: 6.E.ID 22-0112 Action on Volunteer Board, Committee, and Commission appointments. 6.F.ID 22-0119 Action to abate property taxes in the amount of $12,474.18 for Parcel #40473-01800-001-00, Brookings Futbol Club, owner. Legal description: Lot 1 of Block 18 of Prairie Hills Addition. Abatement Application Location Map Attachments: 6.G.ID 22-0121 Action to abate property taxes in the amount of $48.26 for Parcel #40621-01200-007-00, Brookings Habitat for Humanity, owner. Legal description: Lot 7 of Block 12 of Timberline Addition. Abatement Application Location Map Attachments: 6.H.ID 22-0122 Action to abate property taxes in the amount of $48.26 for Parcel Page 2 City of Brookings March 8, 2022City Council Meeting Agenda - Final #40621-01200-006-00, Brookings Habitat for Humanity, owner. Legal description: Lot 6 of Block 12 of Timberline Addition. Abatement Application Location Map Attachments: 6.I.ID 22-0123 Action to abate property taxes in the amount of $42.38 for Parcel #40621-01500-002-00, Brookings Habitat for Humanity, owner. Legal description: Lot 2 of Block 15 of Timberline Addition. Abatement Application Location Map Attachments: 6.J.ID 22-0124 Action to abate property taxes in the amount of $67.56 for Parcel #40621-01500-001-00, Brookings Habitat for Humanity, owner. Legal description: Lot 1 of Block 15 of Timberline Addition. Abatement Application Location Map Attachments: 6.K.ID 22-0125 Action to abate property taxes in the amount of $42.38 for Parcel #40621-01500-003-00, Brookings Habitat for Humanity, owner. Legal description: Lot 3 of Block 15 of Timberline Addition. Abatement Application Location Map Attachments: 6.L.ID 22-0126 Action to abate property taxes in the amount of $42.38 for Parcel #40621-01500-004-00, Brookings Habitat for Humanity, owner. Legal description: Lot 4 of Block 15 of Timberline Addition. Abatement Application Location Map Attachments: 6.M.ID 22-0127 Action to abate property taxes in the amount of $42.38 for Parcel #40621-01500-005-00, Brookings Habitat for Humanity, owner. Legal description: Lot 5 of Block 15 of Timberline Addition. Abatement Application Location Map Attachments: 6.N.ID 22-0131 Action to cancel the March 15, 2022 City Council Study Session. 7. Presentations/Reports: 7.A. SDSU Student Association Report. 7.B.ID 22-0113 Update: Black History Month Public Library Programming PresentationAttachments: Page 3 City of Brookings March 8, 2022City Council Meeting Agenda - Final 8. Contracts/Change Orders: None 9. Ordinance First Readings: None No vote is required on the first reading of an Ordinance. The title of the Ordinance is read. Public Comment and Council discussion is permitted. The date for the second reading or public hearing is announced. 10. Public Hearings and Second Readings: 10.A.ORD 22-007 Public Hearing and Action on Ordinance 22-007, an Ordinance to Change the Zoning within the City of Brookings, rezoning Tract 1 Mendel Family Addition from Agricultural A District to Business B-3 Heavy District. Memo Ordinance Planning Commission Minutes Legal Notice - City Council Legal Notice - Planning Commission Application Area Map Zoning Map Future Land Use Map B-3 Zoning Regulations Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 2/22/22 City Council read into the record 10.B.ORD 22-009 Public Hearing and Action on Ordinance 22-009, an Ordinance to Change the Zoning within the City of Brookings, rezoning Lot 2 of Block 13 of Morningside Addition from Residence R-1B Single-Family District to Planned Development District. Memo Ordinance Planning Commission Minutes Legal Notice - City Council Legal Notice - Planning Commission Initial Development Plan Initial Development Plan - Revised 3/03/2022 Application Area Map Zoning Map Future Land Use Map Attachments: Page 4 City of Brookings March 8, 2022City Council Meeting Agenda - Final Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 2/22/22 City Council read into the record 10.C.ORD 22-010 Public Hearing and Action on Ordinance 22-010, an Ordinance to Change the Zoning within the City of Brookings, rezoning Outlot 1 excluding the North 40 feet and excluding H-1 in the North East Quarter Section 1-T109N-R50W in the City of Brookings, Brookings County, South Dakota from Agriculture A District to Business B-2 District; the North 325 feet of Lot 1 Richard Price First Addition from Residence R-3A Apartments/Mobile Homes/Manufactured Housing District to Business B-2 District; and the South 325 feet of the North 365 feet of the North East Quarter excluding Platted Areas in Section 1-T109N-R50W in the City of Brookings, Brookings County, from Residence R-3 Apartment District to Business B-2 District. Memo Ordinance Planning Commission Minutes Legal Notice - City Council Legal Notice - Planning Commission Application Rezoning Exhibit Area Map Zoning Map Future Land Use Map B-2 Zoning Regulations Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 2/22/22 City Council read into the record 10.D.ORD 22-008 Second Reading and Action on Ordinance 22-008, an Ordinance Authorizing Supplemental Appropriation #2 to the 2022 Budget - Parts 1,2&3. Memo Ordinance Appendix A Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 2/22/22 City Council read into the record 11. Other Business: None Page 5 City of Brookings March 8, 2022City Council Meeting Agenda - Final 12. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any topic at a future meeting. Items cannot be added for action at this meeting. A motion and second is required which states the topic, requested outcome, and time frame. A majority vote is required. 13. Adjourn. Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Patty Bacon, Leah Brink, Joey Collins, Holly Tilton Byrne, Brookings City Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk Public Comment is limited to a maximum of three minutes per person during the meeting. Individuals are asked to give their name and address for the record. Public Comment may be submitted prior to the meeting: 1) Email comments to the City Clerk (bfoster@cityofbrookings-sd.gov), 2) participate via Zoom, or 3) via eComment (https://cityofbrookings.legistar.com/Calendar.aspx ). Those who provide comments in any manner should understand their comments will become part of the official record and subject to review by all parties and the public. Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government Channel 9 Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting. Page 6 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0120,Version:1 Executive Session, pursuant to SDCL 1-25-2.3, for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation 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 3/4/2022Page 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 22-0109,Version:1 Action on the February 22, 2022 City Council minutes. Attachments: 02/22/2022 Minutes City of Brookings Printed on 3/4/2022Page 1 of 1 powered by Legistar™ Brookings City Council February 22, 2022 (unapproved) The Brookings City Council held a meeting on Tuesday, February 22, 2022 at 6:00 PM, at the Brookings City & County Government Center, Chambers, with the following City Council members present: Mayor Oepke Niemeyer, Council Members Leah Brink, Patty Bacon, Nick Wendell, Holly Tilton Byrne, and Wayne Avery. Absent: Council Member Joey Collins. City Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster were also present. 6:00 PM REGULAR MEETING Agenda. A motion was made by Council Member Wendell, seconded by Council Member Brink, that the agenda be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Avery; Absent: 1 – Collins. Consent Agenda. A motion was made by Council Member Brink, seconded by Council Member Wendell, that the consent agenda be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Avery; Absent: 1 – Collins. A. Action to approve the February 8 and February 15, 2022 City Council Minutes. B. Action on appointments to the Planning Commission / Board of Adjustment. With the passing of Ordinance 22-006, the Board of Adjustment members will be the appointed current Planning Commission members. The Board of Adjustment member terms will be consistent with the Planning Commission member terms. Appointed Members are as follows: 1st Alternate - Justin Borns (Vice-Chair) (term expires 12/31/2025); 2nd Alternate - Greg Fargen (Chair) (term expires 12/31/2023); Gregg Jorgenson (term expires 12/31/2022); Lee Ann Pierce (term expires 12/31/2022); Roger Solum (term expires 12/31/2022); Clark James Drew, III (term expires 12/31/2023); Nick Schmeichel (term expires 12/31/2023); Jacob Mills (term expires 12/31/2025); Tanner Aiken (term expires 12/31/2025). The Board of Adjustment will consist of 7 voting members and 2 alternates. The alternates are non-voting members, unless 1 or 2 of the Board of Adjustment members are absent. Staff is recommending the current Planning Commission Chair and Vice-Chair to serve as Alternates (1st Alternate - Vice- Chair / 2nd Alternate - Chair). This board layout will allow the Chair / Vice-Chair to run the meeting and focus on the procedure without casting a vote. The Chair and Vice - Chair are selected annually from the members. C. Action to abate property taxes in the amount of $7,571.32 for Parcel #40330- 00700-000-02, Sunchase LTD, c/o Mills Property Management, owner. Legal description: Southeast Corner of Block 7, Maylands First Addition. D. Action to abate property taxes in the amount of $302.39 for Parcel #04000 - 11049-202-00, NE Hansen LLC, owner. Legal description: Northwest Quarter, except Tract 1, Hanson Addition, and except H-1 and H-2, Section 20-T110N- R49W. E. Action to abate property taxes in the amount of $119.00 for Parcel #40487 - 00000-000-00, John H Mills, owner. Legal description: R’Surene Morgan Far m Addition. F. Action to abate property taxes in the amount of $143.10 for Parcel #21276- 10949-062-00, Access Holdings LLC, owner. Legal description: Block 1 of Mills 3rd Addition in the Northwest Quarter of Section 6-T109-R49. G. Action to abate property taxes in the amount of $92.98 for Parcel #40960- 10949-062-00, RCS Development Inc., owner. Legal description: Outlot 1 in the Northwest Quarter of Section 6-T109-R49. H. Action to abate property taxes in the amount of $1.75 for Parcel #40970 -10949- 062-00, Western Estates MHP LLC, owner. Legal description: Northwest Quarter, except H-2, except MH Park & except R’Surene Morgan Farm Addition, except Block 1 of Mills 3rd Addition and except Outlot 1 of Section 6-T109-R49. I. Action to abate property taxes in the amount of $3.92 for Parcel #40960-10950- 011-00, PMVK Limited, owner. Legal description: Outlot 1 except the North 40 feet thereof in the Northeast Quarter of Section 1-T109-R50. J. Action to add the City Council Retreat to the 2022 City Council Meeting Calendar. City Council Retreat dates are March 31 – April 2, 2022. K. Action on Resolution 22-017, a Resolution in support of a Land & Water Conservation Fund Grant Application. Resolution 22-017 - Resolution in Support of Land and Water Conservation Fund Grant Application Whereas, the United States of America and the State of South Dakota have authorized the making of grants from the Land and Water Conservation Fund (LWCF) to public bodies to aid in financing the acquisition and/or construction of specific public outdoor recreation projects; Now, Therefore Be It Resolved: 1. that the Parks, Recreation and Forestry Director is hereby authorized to execute and file an application on behalf of the City of Brookings with the National Park Service, U.S. Department of the Interior, through the State of South Dakota, Department of Game, Fish and Parks, Division of Parks and Recreation, for an LWCF grant to aid in financing the Hillcrest Park Pickle Ball Court Project for the City of Brookings, South Dakota and its Environs; and 2. that the Parks, Recreation and Forestry Director, is hereby authorized and directed to furnish such information as the above mentioned federal and/or state agencies may reasonably request in connection with the application which is hereby authorized to be filed; and 3. that the City of Brookings and its funding partners shall provide a minimum of 50% of the total cost of the project; and will assume all responsibility in the operation and maintenance of the project upon completion of constructi on, for the reasonable life expectancy of the facility; and 4. that the City of Brookings dedicates Hillcrest Park for park and outdoor recreation purposes in perpetuity. Proclamation. Mayor Niemeyer read a Proclamation recognizing March 2022 as National Kidney Month. Mayoral Proclamation Whereas, there are an estimated 37 million adults in the United States with kidney disease, and 1 in 3 adults in the U.S. are at risk; and Whereas, most people are unaware that the risk factors for kidney disease include diabetes, heart disease, smoking, high blood pressure, obesity and family history; and Whereas, people who are Native American, Asian American, Black or African American, Hispanic or Latino are at increased risk for developing kidney disease; and Whereas, the month of March is National Kidney Month and March 10, 2022, is World Kidney Day. Now, Therefore, Be It Resolved, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim March 2022 as National Kidney Month. Introduction of new and / or promoted City of Brookings employees. Police Chief Dave Erickson introduced the following individuals to the City Council and public: Sergeant Rhett Larsen. He was recently promoted from Patrol Officer to Sergeant and has been with the City of Brookings since 2017. New Police Department employee Patrol Officer Brian Schreur. He has been with the City of Brookings since September 2021. 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 22-016. A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, that Resolution 22-016, a Resolution Authorizing Change Order No. 1 for Pavement Maintenance/Rehabilitation Project AIP #3 -46-0005-34-2022; Fahrner Asphalt Sealers, LLC, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Avery; Absent: 1 – Collins. Resolution 22-016 - Resolution Authorizing Change Order No. 1 for Pavement Maintenance/Rehabilitation Project, #3-46-0005-034-2021; Fahrner Asphalt Sealers, LLC Be It Resolved by the City Council that the following change order be allowed for Pavement Maintenance/Rehabilitation Project, 3-46-005-034-2021 Construction Change Order Number 1: Adjust plan quantities to as-constructed quantities for an increase of $12,826.39 to add additional Taxiway markings for a total increase in Contract Price of $187,709.05. Resolution 22-015. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, that Resolution 22-015, a Resolution Awarding Bids on 2022-05SWR, Concrete Maintenance Project, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Avery; Absent: 1 – Collins. Resolution 22-015 - Resolution Awarding Bids on Project 2022-05SWR Concrete Maintenance Project, 8th Street South & Main Avenue South Intersection Whereas, the City of Brookings opened bids for Project 2022-05SWR, Concrete Maintenance Project on Tuesday, February 15, 2021 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings received the following bids for the 2022-05SWR Concrete Maintenance Project: Bowes Construction, Inc. - Schedule A: $497,043.30; Schedule B: $115,219.15; Total Bid: $612,262.45; Timmons Construction, Inc. - Schedule A: $493,609.78; Schedule B: $133,633.70; Total Bid: $627,243.48; BX Civil & Construction, Inc. - Schedule A: $517,738.00; Schedule B: $129,762.00; Total Bid: $647,500.00; Hulstein Excavating, Inc. - Schedule A: $553,778.65; Schedule B: $159,786.00; Total Bid: $713,564.65; T & R Contracting, Inc. - Schedule A: $616,188.38; Schedule B: $122,550.00; Total Bid: $738,738.38; Whereas, the low bid was approximately 13% lower than the Engineer’s Opinion. Now, Therefore, Be It Resolved that the total low bid of $612,262.45 for Bowes Construction, Inc., be accepted. Resolution 22-018. A motion was made by Council Member Brink, seconded by Council Member Wendell, that Resolution 22-018, a Resolution Awarding Bids on 2022- 09STI, Freight On Board Quartzite Chip Material, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Avery Absent: 1 – Collins. Resolution 22-018 - Resolution Awarding Bids on Project 2022-09STI Freight on Board Quartzite Chip Material Whereas, the City of Brookings opened bids for Project 2022-09STI Freight On Board Quartzite Chip Material on Tuesday, February 15, 2022 at 1:30 pm at the Brookings City and County Government Center; and Whereas, the City of Brookings has received the following bids for the 2022-09STI Freight On Board Quartzite Chip Material: Spencer Quarry (Spencer, SD) $37,600.00; Concrete Materials (Sioux Falls, SD) $46,400.00; L.G. Everest (Brookings, SD) $91,360.00. Now, Therefore, Be It Resolved that the total low bid of $37,600.00 for Spencer Quarries, Inc., Spencer, SD be accepted. FIRST READING – Ordinance 22-008. Introduction and first reading was held on Ordinance 22-008, an Ordinance Authorizing Supplemental Appropriation #2 to the 2022 Budget – Parts 1,2&3. Second Reading and Action: March 8, 2022. FIRST READING – Ordinance 22-009. Introduction and first reading was held on Ordinance 22-009, an Ordinance to Change the Zoning within the City of Brookings, rezoning Lot 2 of Block 13 of Morningside Addition from Residence R-1B Single-Family District to Planned Development District. Public Hearing and Action: March 8, 2022. FIRST READING – Ordinance 22-010. Introduction and first reading was held on Ordinance 22-010, an Ordinance to Change the Zoning within the City of Brookings, rezoning Outlot 1 excluding the North 40 feet and excluding H-1 in the North East Quarter Section 1-T109N-R50W in the City of Brookings, Brookings County, South Dakota from Agriculture A District to Business B-2 District; the North 325 feet of Lot 1 Richard Price First Addition from Residence R-3A Apartments / Mobile Homes / Manufactured Housing District to Business B-2 District; and the South 325 feet of the North 365 feet of the North East Quarter excluding Platted Areas in Section 1-T109N- R50W in the City of Brookings, Brookings County, from Residence R-3 Apartment District to Business B-2 District. Public Hearing and Action: March 8, 2022. FIRST READING – Ordinance 22-007. Introduction and first reading was held on Ordinance 22-007, an Ordinance to Change the Zoning within the City of Brookings, rezoning Tract 1 Mendel Family Addition from Agricultural A District to Business B-3 Heavy District. Public Hearing and Action: March 8, 2022. Progress Report. Jacob Meshke, Assistant City Manager, provided a progress report highlighting the City’s activities/projects. Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, that the meeting be adjourned at 6:44 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 22-020,Version:1 Action on Resolution 22-020, a Resolution declaring surplus property for the City of Brookings. Summary: The City of Brookings is the owner of the described equipment stated within the attached Resolution. This property is being declared surplus property according to SDCL Chapter 6-13. Council action is required to declare these items surplus. Fiscal Impact: The proceeds from the sale of surplus property will be delivered to the City of Brookings Finance Officer. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 3/4/2022Page 1 of 1 powered by Legistar™ Resolution 22-020 Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Brookings Municipal Liquor Store: (8) Wine Racks Brookings Public Library: HP Envy 45 20 printer (does not work); Lectern; 19 Makerspace Computer Lab Chairs; 2 cold laminators (unknown if they work) Brookings Police Department – Abandoned Bikes: Genesis Saber 200, Gray/Chrome, #2226; Roadmaster Granite Peak, Gray, #2180; Huffy Rock Creek, Red, AL13A039518, #2132; Trek Mountain Track, Purple, BJ-0415, #2133; Hyper HAVOC, Black, TY19H012737, #2126; Mongoose Excursion, Black/Silver, #2369; Roadmaster Grandpeak, Blue/White, SNFSD14KL7348, #2156; Trek Alpha, Gray/Black, WTU285C2104C, #2210; Next Terra, Purple, LBH2452G, #2172; YBike Extreme, Orange/Black, #2250; Raleigh Grand Touring, Green, #2343; Huffy Tundra, Blue/Pink, 26612G016, #2346; Roadmaster Grandpeak, Black/Blue, SNFSD21AK1563, #2362; Roadmaster Granite Peak, Black/Gray, NFSDA6FJ1752, #2200; Roadmaster Granite Peak, Turquoise, #2222; Schwinn Transit, Green, F96115778, #2323; Roadmaster Peak, Black/Blue, SNFSD18DD6413, #2128; Schwinn Delmar, Blue/Pink, SNFSD13CG7199, #2388; Giordano rs700, Red/White, l161201439, #2353; Roadmaster, Black/Blue, #2178; Schwinn Mesa, Yellow/Red, M8LI26628, #2325; Big Wheel Powder Puff, Pink/Blue, #2238; Next PX4.0, Black, LWCN101072, #2148; Thruster Pro20FS, Blue; Roadmaster Sport, Purple/Silver, K2GK011202, #2261; Huffy Storm, White/Purple, #2314; Roadmaster Ground Assault, Gray/Black, #2136; Genesis Next, Teal, DJJB106132, #2361. Park & Recreation Dept.: 2011 John Deere Z920A 60” zero-turn mower, Serial #ITC920ACHBT020190; Case 580 Super E Backhoe 4-wheel drive; PIN #9869245; 1996 F150 Rx4 with utility box, VIN #IFTEF14NOTLA60766; Arrow Master F36 Concrete Power Trowel, Model #F3644-5, Serial #997F4557; Kelly Screedmatic Concrete Power Screed; 25 – 10’ x 6” steel concrete forms; Mb 40 inch walk-behind broom, Serial #10-1914; Thompson Ice Edger, Model T-18, Serial #11423; Whereas, in the best financial interest, it is the desire of the City of Brookings to dispose of as surplus property; and Whereas, the City Manager is hereby authorized to sell or dispose of said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6 -13. Passed and approved this 8th day of March, 2022. CITY OF BROOKINGS, SD ____________________________ 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 22-021,Version:1 Action on Resolution 22-021, a Resolution authorizing the City Manager to sign an On-Sale Liquor Operating Agreement renewal for David Olson, Inc., dba Danny’s, David Olson, owner, 703 Main Avenue South, Brookings, South Dakota, legal description: Lot 3, Block 1, Sheldons Subdivision, a sublot of Outlot P, and the south 40' of the vacated street. Summary: The City of Brookings enters into On-Sale Liquor Operating Agreements for a 10-year period, with a mid-term renewal at five years. This Resolution would allow the City Manager to enter into the remaining 5-years of the 10-year agreement. The original 10-year Agreement was entered into March 2017. Recommendation: Staff recommends approval Attachments: Resolution Operating Agreement Map City of Brookings Printed on 3/4/2022Page 1 of 1 powered by Legistar™ Resolution 22-021 On-Sale Liquor Operating Agreement – 5-year mid-term renewal David Olson, Inc., dba Danny’s Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement renewal for the On-Sale Operating Alcohol Management Agreement for Liquor between the City of Brookings and David Olson, Inc., dba Danny’s, David Olson, owner, for the purpose of a liquor manager to operate the on- sale establishment or business for and on behalf of the City of Brookings at 703 Main Avenue South. Legal description: Lot 3, Block 1, Sheldons Subdivision, a sublot of Outlot P, and the south 40' of the vacated street. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement renewal on behalf of the City, which shall be for a period of five (5) years. Passed and approved this 8th day of March, 2022. CITY OF BROOKINGS Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk ON-SALE LIQUOR OPERATING AGREEMENT – 5-year mid-term renewal David Olson, Inc., dba Danny’s THIS AGREEMENT is 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 David Olson, owner, David Olson, Inc., dba Danny’s, hereinafter referred to as “Manager.” The City and Manager are referred to as the “parties” herein. WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on -sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: I. This Agreement is made and entered into on a limited basis between the parties to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement, and in accordance with all State laws and City Ordinances now in effect and as may be enacted in the future. II. The Manager shall be individually responsible for all operating expenses of said on -sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. III. The on-sale establishment shall be located upon real property in the City of Brookings, South Dakota, described as: Lot 3, Block 1, Sheldons Subdivision, a sublot of Outlot P, and the south 40' of the vacated street. 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 constitutes a renewal of the current Operating Agreement and shall be in full force and effect for a period of five (5) years. 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 al coholic beverages supplied by the Municipal Off -Sale Establishment to be sold on the premises of Manager. VII. The Manager shall receive as full compensation for its services rendered, the net profit from the on-sale establishment under its management, and the sole profit to be derived by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the Manager for the purposes of resale on the premises as above described. VIII. The Manager shall pay in a timely manner to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supercede the markup percentages provided herein. The Manager further agrees that if either of the markup percentages shall be increased at any time by the City, the Manager shall pay the markup as so increased. IX. A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoic e shall bear the signature of the authorized representative of the on -sale Manager or its authorized representative. One copy thereof shall be retained by the Municipal off -sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. X. In consideration of the covenants herein contained, the Manager agrees to pay the CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00), constituting the Annual License Fee on or by the 1st day of November of each year thereafter as long as this agreement shall remain in force and effect. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided therein. The Manager further agrees that if the annual fee shall be increased at any time by the legislature, the Manager shall pay the amount of any such increase. XI. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. XII. The Manager shall have the right to return, at any time, alcoholic beverages received from the City which are eligible to be returned, and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the cost of such alcoholic beverages. XIII. The Manager agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. XIV. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and the Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including taxes. XV. The Manager agrees to observe all Federal and State laws and ordinances of the City of Brookings. XVI. The City covenants and agrees to furnish the on -sale license to Manager pursuant to the terms and conditions of this Operating Agreement and the terms and conditions of the on-sale license. XVII. The City has the right to make inspections and investigations of the premises during the hours of operation, and make audits and examinations of the records of the Manager relating to the on-sale establishment. XVIII. It is further specifically understood and agreed that the waiver of the rights of the City under this Agreement shall not constitute a continuous waiver, and any violation or breach of the terms of this Agreement by the Manager shall constitute a separate and distinct offense and grounds for immediate termination and revocation of this Agreement. XIX. This agreement shall not be assignable to another person or location without th e written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is effective this 8th day of March, 2022. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST: Paul Briseno, City Manager Bonnie Foster, City Clerk MANAGER By: B rook ings County, SD Developed by Par cel ID 405450010000300 Sec/T wp/Rng -- Pr oper ty Address 703 MAIN AVE S BROOKINGS Alter na te ID n/a Class NADC Acr ea ge n/a O w ner Addr ess OL SO N, DAVID INC 1710 MAIN AVE S BRO OKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption SHEL DENS SUB ADDITION, LOT 3, BLK 1 OF SHEL DENS SUB OF OL "P" & S 40' VAC ATED STREET 124.9 X 155 (Note: Not to be used on leg a l documents) Date created: 3/1/2022 Last Data Uploa ded: 2/28/2022 9:52:26 PM 203 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 22-022,Version:1 Action on Resolution 22-022, a Resolution authorizing the City Manager to sign a Wine Operating Agreement renewal for Cenex Zip Trip #64, CHS, Inc., owner, 3045 LeFevre Drive. Legal description: Lot 6, North 225 feet of the East 30 feet of Lot 7, LeFevre Addition. Summary: The City of Brookings enters into Wine Operating Agreements for a 10-year period with a mid-term renewal at five years. This Resolution would allow the City Manager to enter into a 10-year agreement, with a mid-term renewal held in five (5) years. The original 10-year Agreement was entered into March 2012. Recommendation: Staff recommends approval. Attachments: Resolution Operating Agreement Map City of Brookings Printed on 3/4/2022Page 1 of 1 powered by Legistar™ Resolution 22-022 Wine Operating Agreement – 10-year renewal CHS, Inc., Cenex Zip Trip #64 Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal for the Wine Operating Management Agreement between the City of Brookings and Cenex Zip Trip #64, CHS, Inc., 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 3045 LeFevre Drive. Legal Description: Lot 6, North 225 feet of the East 30 feet of Lot 7, LeFevre Addition. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of ten (10) years , with a mid-term renewal in five (5) years. Passed and approved this 8th day of March, 2022. CITY OF BROOKINGS Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk WINE OPERATING AGREEMENT – 10-year renewal CHS, Inc., Cenex Zip Trip #64 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 Cenex Zip Trip #64, CHS, Inc., owner, hereinafter referred to as “Manager.” The City and Manager are referred to as the “parties” herein. WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on-sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: I. This Agreement is made and entered into on a limited basis between the parties to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement and in accordance with all State laws and City Ordinances now in effect and as may be enacted in the future. II. The Manager shall be individually responsible for all operating expenses of said on -sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. III. The on-sale establishment shall be located upon real estate in the City of Brookings, South Dakota, described as: Lot 6, North 225 feet of the East 30 feet of Lot 7, LeFevre Addition City of Brookings, Brooking 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. T he 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 f or alcoholic beverages supplied by the Municipal off-sale establishment to be sold on the premises of Manager. VII. The Manager shall receive as full compensation for its services rendered, the net profit from the on-sale establishment under its management, and the sole profit to be derived by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the Manager for the purposes of resale on the premises as above described. VIII. The Manager shall pay in a timely manner to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supersede the markup percentages provided herein. The Manager further agrees that if either of the markup percentages shall be increased at any time by the City, the Manager shall pay the markup as so increased. IX. A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoice shall bear the signature of the authorized representative of the on -sale Manager or its authorized representative. One copy thereof shall be retained by the Municipal off -sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. X. In consideration of the covenants herein contained, the Manager agrees to pay the CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00), constituting the Annual License Fee on or by the 1st day of November of each year thereafter as long as this agreement shall remain in force and effect. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided therein. The Manager further agrees that if the annual fee shall be increased at any time by the legislature, the Manager shall pay the amount of any such increase. XI. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. XII. The Manager shall have the right to return, at any time, alcoholic beverages received from the City which are eligible to be returned, and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the of such alcoholic beverages. XIII. The Manager agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. XIV. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and the Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including taxes. XV. The Manager agrees to observe all Federal and State laws and ordinances of the City of Brookings. XVI. The City covenants and agrees to furnish the on -sale license to Manager pursuant to the terms and conditions of this Operating Agreement and the terms and conditions of the on-sale license. XVII. The City has the right to make inspections and investigations of the premises during the hours of operation, and make audits and examinations of the records of the Manager relating to the on-sale establishment. XVIII. It is further specifically understood and agreed that the waiver of the rights of 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 8th day of March, 2022. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST: Paul Briseno, City Manager Bonnie Foster, City Clerk MANAGER By: By: B rook ings County, SD Developed by Par cel ID 402950000000600 Sec/T wp/Rng -- Pr oper ty Address 3045 LEFEVRE DR BROOKINGS Alter na te ID n/a Class NADC Acr ea ge n/a Ow ner Address C HS INC ATTN: PROP ERTY TAX PO BOX 64089 SAINT PAUL MN 55164 Distr ict 4001 Br ief T ax Descr iption LE FEVRE ADDITION, LOT 6 & N 225' OF E 30' OF L OT 7 60,984 SQ FT (Note: Not to be used on leg a l documents) Date created: 3/1/2022 Last Data Uploa ded: 2/28/2022 9:52:26 PM 405 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0112,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 Term Length:3 years Residency Requirement:Required for Majority Purpose: The Brookings Disability Awareness Committee (BDAC) strives to advocate for the rights of people who have disabilities in our community. Throughout the year, specific events are held to bring awareness and information to our citizens. Technical assistance is provided to the business community, private individuals, governmental entities and nonprofit organizations. The goals of this service are to improve the quality of life for people who have disabilities through enhancing the knowledge base of entities in the community; and to further serve as a community-based advocacy group enhancing the ability of local entities to comply with Federal Civil Rights legislation. Mayor’s Recommendation: 1.Michelle Johnson 2.Ali Teesdale Historic Preservation Commission Number of positions:2 Term Length:3 years Residency Requirement:Required Purpose: The purpose of the Historic Preservation Commission is to allow the city to engage in a comprehensive program of historic preservation to promote the inspiration, pleasure and enrichment of the citizens of Brookings through identification, documentation, preservation, promotion, and development of the city’s historic resources. Mayor’s Recommendation: 1)Samuel Krueger 2)VACANT (to be readvertised) Library Board Number of positions:1 Term Length:3 years Residency Requirement:Required Purpose: The Library Board is responsible for the appointment of the Librarian, the conduct of business and development of policies for the Brookings Public Library materials, the governance of City of Brookings Printed on 3/4/2022Page 1 of 2 powered by Legistar™ File #:ID 22-0112,Version:1 the library and the use of the public library services and materials. Mayor’s Recommendation: 1)Linda Richter Public Arts Commission Number of positions:2 Term Length:3 years Residency Requirement:Required for Majority Purpose: Public art enhances the built environment of a city and enriches the lives of its citizens. A dedicated funding source for an established program of public art enhances the reputation of a city and serves as a vehicle for attracting new businesses and citizens. A public art program encourages a community’s artists and citizens to engage in creative activities and artistic development. A public arts commission can develop and implement a unified public art strategy for a community. Mayor’s Recommendation: 1)Paula Carson (at-large) 2)VACANT (SDSU School of Design) (to be readvertised) Sustainability Council Number of positions:3 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.Samuel Krueger 2.Bruce Pengra 3.VACANT (to be readvertised) Recommendation: Staff recommends approval. City of Brookings Printed on 3/4/2022Page 2 of 2 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0119,Version:1 Action to abate property taxes in the amount of $12,474.18 for Parcel #40473-01800-001-00, Brookings Futbol Club, owner. Legal description: Lot 1 of Block 18 of Prairie Hills Addition. Summary: Brookings Futbol Club has applied to abate a portion of the property taxes in the amount of $12,474.18. Parcel #40473-01800-001-00. Property qualified for a reduced valuation under SDCL 10-6-157 LIHTC reduced income vocation. Brookings County Equalization Office correction. Fiscal Impact: The property tax revenue will be reduced by $12,474.18. Recommendation: County Assessor recommends approval. Attachments: Abatement Application Location Map City of Brookings Printed on 3/4/2022Page 1 of 1 powered by Legistar™ B rook ings County, SD Developed by Par cel ID 404730180000100 Sec/T wp/Rng -- Pr oper ty Address Alter nate ID n/a Class C Acr eage n/a O w ner Addr ess BRO OKINGS FUTBO L C LUB P O BOX 447 BRO OKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption PRAIRIE HIL L S ADDN LO T 1 BLK 18 57,018 SF (Note: Not to be used on leg a l documents) Date created: 3/1/2022 Last Data Uploa ded: 3/1/2022 10:03:27 AM 295 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0121,Version:1 Action to abate property taxes in the amount of $48.26 for Parcel #40621-01200-007-00, Brookings Habitat for Humanity, owner. Legal description: Lot 7 of Block 12 of Timberline Addition. Summary: Brookings Habitat for Humanity has applied to abate a portion of the property taxes in the amount of $48.26. Parcel #40621-01200-007-00. Property qualified for a reduced valuation under SDCL 10-6- 157 LIHTC reduced income vocation. Brookings County Equalization Office correction . Fiscal Impact: The property tax revenue will be reduced by $48.26. Recommendation: County Assessor recommends approval. Attachments: Abatement Application Location Map City of Brookings Printed on 3/4/2022Page 1 of 1 powered by Legistar™ B rook ings County, SD Developed by Par cel ID 406210120000700 Sec/T wp/Rng -- Pr oper ty Address Alter nate ID n/a Class C Acr eage n/a Owner Addr ess BROOKINGS HABITAT FOR HUMANITY PO BOX 412 BROOKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption TIMBERLINE ADDN LOT 7 BLK 12 7,500 SF (Note: Not to be used on leg a l documents) Date created: 3/2/2022 Last Data Uploa ded: 3/2/2022 11:21:52 AM 148 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0122,Version:1 Action to abate property taxes in the amount of $48.26 for Parcel #40621-01200-006-00, Brookings Habitat for Humanity, owner. Legal description: Lot 6 of Block 12 of Timberline Addition. Summary: Brookings Habitat for Humanity has applied to abate a portion of the property taxes in the amount of $48.26. Parcel #40621-01200-006-00. Property qualified for a reduced valuation under SDCL 10-6- 157 LIHTC reduced income vocation. Brookings County Equalization Office correction . Fiscal Impact: The property tax revenue will be reduced by $48.26. Recommendation: County Assessor recommends approval. Attachments: Abatement Application Location Map City of Brookings Printed on 3/4/2022Page 1 of 1 powered by Legistar™ B rook ings County, SD Developed by Par cel ID 406210120000600 Sec/T wp/Rng -- Pr oper ty Address Alter nate ID n/a Class C Acr eage n/a Owner Addr ess BROOKINGS HABITAT FOR HUMANITY PO BOX 412 BROOKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption TIMBERLINE ADDN LOT 6 BLK 12 7,500 SF (Note: Not to be used on leg a l documents) Date created: 3/2/2022 Last Data Uploa ded: 3/2/2022 11:21:52 AM 148 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0123,Version:1 Action to abate property taxes in the amount of $42.38 for Parcel #40621-01500-002-00, Brookings Habitat for Humanity, owner. Legal description: Lot 2 of Block 15 of Timberline Addition. Summary: Brookings Habitat for Humanity has applied to abate a portion of the property taxes in the amount of $42.38. Parcel #40621-01500-002-00. Property qualified for a reduced valuation under SDCL 10-6- 157 LIHTC reduced income vocation. Brookings County Equalization Office correction . Fiscal Impact: The property tax revenue will be reduced by $42.38. Recommendation: County Assessor recommends approval. Attachments: Abatement Application Location Map City of Brookings Printed on 3/4/2022Page 1 of 1 powered by Legistar™ B rook ings County, SD Developed by Par cel ID 406210150000200 Sec/T wp/Rng -- Pr oper ty Address Alter nate ID n/a Class C Acr eage n/a Owner Addr ess BROOKINGS HABITAT FOR HUMANITY PO BOX 412 BROOKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption TIMBERLINE ADDN LOT 2 BLK 15 6,601 SF (Note: Not to be used on leg a l documents) Date created: 3/2/2022 Last Data Uploa ded: 3/2/2022 11:21:52 AM 148 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0124,Version:1 Action to abate property taxes in the amount of $67.56 for Parcel #40621-01500-001-00, Brookings Habitat for Humanity, owner. Legal description: Lot 1 of Block 15 of Timberline Addition. Summary: Brookings Habitat for Humanity has applied to abate a portion of the property taxes in the amount of $67.56. Parcel #40621-01500-001-00. Property qualified for a reduced valuation under SDCL 10-6- 157 LIHTC reduced income vocation. Brookings County Equalization Office correction . Fiscal Impact: The property tax revenue will be reduced by $67.56. Recommendation: County Assessor recommends approval. Attachments: Abatement Application Location Map City of Brookings Printed on 3/4/2022Page 1 of 1 powered by Legistar™ B rook ings County, SD Developed by Par cel ID 406210150000100 Sec/T wp/Rng -- Pr oper ty Address Alter nate ID n/a Class C Acr eage n/a Owner Addr ess BROOKINGS HABITAT FOR HUMANITY PO BOX 412 BROOKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption TIMBERLINE ADDN LOT 1 BLK 15 10,519 SF (Note: Not to be used on leg a l documents) Date created: 3/2/2022 Last Data Uploa ded: 3/2/2022 11:21:52 AM 295 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 22-0125,Version:1 Action to abate property taxes in the amount of $42.38 for Parcel #40621-01500-003-00, Brookings Habitat for Humanity, owner. Legal description: Lot 3 of Block 15 of Timberline Addition. Summary: Brookings Habitat for Humanity has applied to abate a portion of the property taxes in the amount of $42.38. Parcel #40621-01500-003-00. Property qualified for a reduced valuation under SDCL 10-6- 157 LIHTC reduced income vocation. Brookings County Equalization Office correction . Fiscal Impact: The property tax revenue will be reduced by $42.38. Recommendation: County Assessor recommends approval. Attachments: Abatement Application Location Map City of Brookings Printed on 3/4/2022Page 1 of 1 powered by Legistar™ B rook ings County, SD Developed by Par cel ID 406210150000300 Sec/T wp/Rng -- Pr oper ty Address Alter nate ID n/a Class C Acr eage n/a Owner Addr ess BROOKINGS HABITAT FOR HUMANITY PO BOX 412 BROOKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption TIMBERLINE ADDN LOT 3 BLK 15 6,601 SF (Note: Not to be used on leg a l documents) Date created: 3/2/2022 Last Data Uploa ded: 3/2/2022 11:21:52 AM 148 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0126,Version:1 Action to abate property taxes in the amount of $42.38 for Parcel #40621-01500-004-00, Brookings Habitat for Humanity, owner. Legal description: Lot 4 of Block 15 of Timberline Addition. Summary: Brookings Habitat for Humanity has applied to abate a portion of the property taxes in the amount of $42.38. Parcel #40621-01500-004-00. Property qualified for a reduced valuation under SDCL 10-6- 157 LIHTC reduced income vocation. Brookings County Equalization Office correction . Fiscal Impact: The property tax revenue will be reduced by $42.38. Recommendation: County Assessor recommends approval. Attachments: Abatement Application Location Map City of Brookings Printed on 3/4/2022Page 1 of 1 powered by Legistar™ B rook ings County, SD Developed by Par cel ID 406210150000400 Sec/T wp/Rng -- Pr oper ty Address Alter nate ID n/a Class C Acr eage n/a Owner Addr ess BROOKINGS HABITAT FOR HUMANITY PO BOX 412 BROOKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption TIMBERLINE ADDN LOT 4 BLK 15 6,602 SF (Note: Not to be used on leg a l documents) Date created: 3/2/2022 Last Data Uploa ded: 3/2/2022 11:21:52 AM 74 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 22-0127,Version:1 Action to abate property taxes in the amount of $42.38 for Parcel #40621-01500-005-00, Brookings Habitat for Humanity, owner. Legal description: Lot 5 of Block 15 of Timberline Addition. Summary: Brookings Habitat for Humanity has applied to abate a portion of the property taxes in the amount of $42.38. Parcel #40621-01500-005-00. Property qualified for a reduced valuation under SDCL 10-6- 157 LIHTC reduced income vocation. Brookings County Equalization Office correction . Fiscal Impact: The property tax revenue will be reduced by $42.38. Recommendation: County Assessor recommends approval. Attachments: Abatement Application Location Map City of Brookings Printed on 3/4/2022Page 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 22-0131,Version:1 Action to cancel the March 15, 2022 City Council Study Session. Summary: This action will cancel the March 15, 2022 City Council Study Session. This provides public notice of the change to the City Council meeting calendar. Recommendation: Staff recommends approval. City of Brookings Printed on 3/4/2022Page 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 22-0113,Version:1 Update: Black History Month Public Library Programming Summary: Mikaela Neubauer, Community Services Coordinator at the Brookings Public Library, will provide an overview of the Library’s grant-funded Black History Month events and report on the outcome of the Library’s “More Than a Month” Community Conversation. Background: Through a grant from the American Library Association, the Brookings Public Library was able to host Black History Month events and a community conversation. As part of that grant, the Library is required to report and share information about the content and outcomes of their events with the public and community officials. Furthermore, the Library would like to keep the City Council apprised of the concerns and efforts of Brookings residents in regards to inclusion and diversity. Attachments: Presentation City of Brookings Printed on 3/4/2022Page 1 of 1 powered by Legistar™ BLACK HISTORY MONTH AT THE BROOKINGS PUBLIC LIBRARY PRESENTATION BY MIKAELA NEUBAUER BPL COMMUNITY SERVICES COORDINATOR AMERICAN LIBRARY ASSOCIATION LIBRARIES TRANSFORMING COMMUNITIES: FOCUS ON SMALL AND RURAL LIBRARIES GRANT •1 out of 100 Libraries selected •Grant’s goal is to help library workers better serve their small communities •$3000 to host Black History Month events and a community conversation •Included online course in facilitation to help with community conversation BLACK HISTORY MONTH EVENTS •13th Documentary Screening •Bystander to Upstander Intervention Training •Connecting Communities Talk •Betty Blair: Homesteader Extraordinaire Historical Reenactment •Negro Leagues Baseball Talk •Black History Month Celebration •“More Than a Month” Community Conversation “MORE THAN A MONTH” COMMUNITY CONVERSATION RESULTS •Topics discussed –What challenges the Black/minority community of Brookings is facing –What strengths the community has and how we can use them –How we can concretely address the concerns discussed •Conclusion –Decided to pursue small group, ongoing community dialogues in partnership with Brookings Inclusive Collaborative •Future Action –Group will meet multiple times in the future to discuss details and work on implementing the plan Questions? Contact Information: Mikaela Neubauer mneubauer@cityofbrookings-sd.gov 605-692-9407 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 22-007,Version:2 Public Hearing and Action on Ordinance 22-007, an Ordinance to Change the Zoning within the City of Brookings, rezoning Tract 1 Mendel Family Addition from Agricultural A District to Business B-3 Heavy District. Summary: The Brookings School District has submitted a request to rezone Tract 1 Mendel Family Addition from Agricultural A District to Business B-3 Heavy District. Recommendation: The Development Review Team and staff recommend approval. The Planning Commission voted 9- 0 recommending approval of the rezoning request. Attachments: Memo Ordinance Planning Commission Minutes Legal Notice - City Council Legal Notice - Planning Commission Application Area Map Zoning Map Future Land Use Map B-3 Zoning Regulations City of Brookings Printed on 3/4/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: February 22, 2022 / March 8, 2022 Subject: Ordinance 22-007: Request to rezone Tract 1 Mendel Family Addition from Agricultural A District to Business B-3 Heavy District. Presenter: Mike Struck, Community Development Director Summary: The Brookings School District has submitted a request to rezone Tract 1 Mendel Family Addition from Agricultural A District to Business B-3 Heavy District. Background: The property is located along 22nd Avenue South just north of the Southbrook Softball Complex. A comprehensive plan amendment for this area was approved in 2021 reclassifying the area as Urban Medium Intensity from the previous Medium Density Residential Future Land Use designation. The applicant is seeking the rezone for a future transportation, bus storage and maintenance facility to potentially be shared by the Brookings School District and Brookings Area Transit Authority. Item Details: Tract 1 is an undeveloped 8.5-acre piece of land. The property has access to and 320 feet of frontage along 22nd Avenue South. A multi-use trail runs along the southern property line with the Southbrook Softball Complex beyond the trail to the south. Undeveloped farmland and future development of the Bluegill Addition are located to the north and west of the property. Adjacent properties to the north, west, and south are zoned Agricultural A District. Property to the east, across 22nd Avenue South, is zoned Residence R-3A Apartments/Mobile Homes/Manufactured Housing District. B-3 Zoning Districts exist approximately one-half mile to the south, near the intersection of 22nd Avenue South and 32nd Street South, and one-quarter mile to the north near the intersection of 22nd Avenue South and 20th Street South. The Future Land Use Map designates the property as Urban Medium Intensity and would support a rezoning to B-3. The B-3 District permits a public transportation facility by right. Chapter 94 – Zoning defines a public transportation facility as “a place where the transfer of people between modes of transportation takes place or where a centralized dispatch of public transit vehicles occurs. This use may include facilities for the minor servicing of vehicles.” The proposed facility would also include some office space, which would be permitted by right in the B -3 District. Legal Consideration: None. Strategic Plan Consideration: Economic Growth – the rezoning would support facility improvements for the Brookings Area Transit Authority and Brookings School District. 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. Discuss / take no action / table The Development Review Team and staff recommend approval. The Planning Commission voted 9-0 recommending approval of the rezone. Supporting Documentation: Ordinance Planning Commission Minutes Legal Notice – City Council Legal Notice – Planning Commission Application Area Map Zoning Map Future Land Use Map B-3 Zoning Regulations Ordinance 22-007 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: Tract One (1) of the Mendel Family Addition in the City of Brookings, Brookings County, from Agriculture A 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: February 22, 2022 Second Reading and Adoption: March 8, 2022 Published: March 11, 2022 CITY OF BROOKINGS, SD ________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk Planning Commission Brookings, South Dakota February 1, 2022 OFFICIAL MINUTES Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday, February 1, 2022, 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, Justin Borns, James Drew, Gregg Jorgenson, Jacob Mills, Lee Ann Pierce, Nick Schmeichel, Roger Solum, and Fargen. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Seth Skogen, and Brian Leuders – Brookings School District. Item #4b - Brookings School District submitted a petition to rezone Tract 1 of Mendel Family Addition from Agriculture A District to a Business B-3 Heavy District. (Solum/Aiken) Motion to approve the rezone request. All present voted aye. MOTION CARRIED. Planning Commission Brookings, South Dakota February 1, 2022 OFFICIAL SUMMARY Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday, February 1, 2022, 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, Justin Borns, James Drew, Gregg Jorgenson, Jacob Mills, Lee Ann Pierce, Nick Schmeichel, Roger Solum, and Fargen. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Seth Skogen, and Brian Leuders – Brookings School District. Item #4b – This a rezone request along 22nd Ave at 26th Street South. A Comprehensive Master Plan amendment was approved in 2021, reclassifying the area to Urban Medium Intensity. The applicant is seeking the rezone to allow for a future transportation, bus storage and maintenance facility for the school district. Mills had heard that there may be an issue to getting enough water to this facility to allow for proper sprinkling of this building. Miller stated that this has been discussed in DRT and BMU is aware and working on this. Schmeichel inquired about what side of the lot is considered the front and the back? Miller stated the front would be along 22nd Avenue. Leuders explained that they have already planted trees along the west side of this property as a buffer yard and they plan to locate the building towards the east end of the lot. NOTICE OF PUBLIC HEARING Ordinance 22-007 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, March 8, 2022, 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 22-007, an Ordinance to Rezone Tract 1 Mendel Family Addition from Agricultural A 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 25th day of February, 2022. 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 the Brookings School District has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: Tract 1 Mendel Family Addition from an Agriculture A district to a 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, February 1, 2022 in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard on this matter. Dated this 21st day of January 2022. ____________________________ Ryan Miller City Planner B ro okin gs Sch oo l District R ezo ne 595 ft B ro okin gs Sch oo l District R ezo ne 297 ft 2 2 nd S t S 472ndAve16thAveSBluegillAve2 4 t h S t S 2 3 rd S t SGrandArborAve 1600 ft S outhbrook Softball Park Nature Park W e s te r n E s t a t e R d WesternEstSW e s t e r n E stS26thStS Morga ns Run Res MD Res MD Res MD Res MD Res MD Mobile Homes Urban Medium Urban Medium Open Wetland Open Wetland Parks Open Space Water Water Water Water Res MDRes MD Urban Medium Future Land Use Map Esri, NASA, NGA, USGS, FEMA, Esri Community Maps Contributors, South FLU_RDG Mobile Homes Open Space Open Wetland Parks Res MD Urban High Urban Medium Water 1/21/2022 0 0.1 0.20.05 mi 0 0.2 0.40.1 km 1:11,116 1/21/22, 11:47 AM Brookings, SD Code of Ordinances 1/4 (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) 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. 1/21/22, 11:47 AM Brookings, SD Code of Ordinances 2/4 a. (3) a. b. (4) a. (5) a. (6) a. b. c. (7) a. (8) a. b. (9) a. (10) a. b. (11) a. b. All inventory shall be stored within a completely enclosed building. 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 1/21/22, 11:47 AM Brookings, SD Code of Ordinances 3/4 (12) 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) below the minimum requirements. Semi-trailer storage. 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. 1/21/22, 11:47 AM Brookings, SD Code of Ordinances 4/4 (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (f) (g) (h) (i) (j) Contractors shop and storage yard. Buy back center for recyclables. Household hazardous waste site. 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) 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 22-009,Version:2 Public Hearing and Action on Ordinance 22-009, an Ordinance to Change the Zoning within the City of Brookings, rezoning Lot 2 of Block 13 of Morningside Addition from Residence R-1B Single-Family District to Planned Development District. Summary: Abundant Life Church and Seth Skogen have submitted a request to rezone Lot 2 of Block 13 of Morningside Addition from Residence R-1B Single-Family District to a Planned Development District. Recommendation: The Development Review Team and staff recommend denial. The Planning Commission voted 9-0 to approve the initial development plan with an exception granted for a reduced bufferyard to the north and with the removal of “drinking establishments” from the permitted uses. Attachments: Memo Ordinance Planning Commission Minutes Legal Notice - City Council Legal Notice - Planning Commission Initial Development Plan - revised 3/3/2022 Initial Development Plan Application Area Map Zoning Map Future Land Use Map City of Brookings Printed on 3/4/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: February 22, 2022 / March 8, 2022 Subject: Ordinance 22-009: Request to rezone Lot 2 of Block 13 of Morningside Addition from Residence R-1B Single-Family District to Planned Development District (PDD) Presenter: Mike Struck, Community Development Director Summary: Abundant Life Church and Seth Skogen have submitted a request to rezone Lot 2 of Block 13 of Morningside Addition from Residence R-1B Single-Family District to a Planned Development District (PDD). Background: Seth Skogen is proposing a potential commercial development on a parcel of land located along 22nd Avenue South near Yorkshire Drive. The land is currently zoned R- 1B which would not permit a commercial development. A Future Land Use Map change from Civic to Urban Medium Intensity was approved by the Planning Commission and City Council in 2021 with the anticipation of a rezoning request to follow. In October 2021, the Planning Commission held a public hearing for the rezoning of this property from R-1B to Business B-2 District. That item was tabled in order for the applicant to consider the feasibility of a Planned Development District at this loca tion. The applicant has since submitted all of the required information for an Initial Development Plan as required for a PDD. If approved, the rezoning to a PDD would take effect; however, the applicant would need to bring a Final Development Plan back to the Planning Commission for approval before building permits could be obtained. Item Details: The Initial Development Plan outlines the proposed commercial development which includes a three -suite, 4,540 square foot commercial building with a drive -through in the rear and a parking lot in the front, fronting 22 nd Avenue. An access drive from 22nd Avenue is proposed along the northern portion of the lot. A potential secondary access connecting to the Park East Professional Offices had been discussed but could not be agreed upon. Depending on the final square footage of the restaurant portion of the development, an updated site plan may be needed in order to account for the minimum required parking. Traffic circulation will also need to be considered with the absence of the secondary access. Required bufferyards for the development would include a minimum 15-foot buffer to the north and west from the parking lot with 5 trees and 10 shrubs per 100 lineal feet located within the bufferyard. A minimum 10-foot landscape area along 22nd Avenue, 5-foot landscape areas along the side lot lines (north and south), and 3-foot foundation plantings would also be required facing the right-of-way. According to th e site plan, an exception would be needed for a proposed 10-foot bufferyard to the north. This exception could be approved though the initial development plan process as o pposed to obtaining a variance. Developments within a PDD are exempt from the Commercial Corridor De sign Review Overlay District. If the project were designed to standards set in the Commercial Corridor Design Review Overlay District, the building would be built to the setback line and the required parking would have to be located no closer to the street than the closest point of the building among other requirements. Through the PDD process, the applicant can propose modifications to zoning regulations. The application is requesting a PDD with an underlying B -2 Zoning District. The proposed B-2 District was discussed at the October 2021 Planning Commission and concerns were raised regarding some of the potential uses allowed in the B -2 District. The applicant is proposing the following uses: - Drive-In Food Service - Grocery Supermarket - Funeral Home or Mortuary - Community Center - Retail or Service Store - Personal Service Store - Personal Health Service - Financial Institution - Office Building * The applicant dropped “Drinking Establishments” as a permitted use per Planning Commission recommendation. The proposed PDD has been reviewed by the Development Review Team and concerns were raised that would support a staff recommendation of denial. The original rezoning request to a B-2 District was concerning due to the intensity and incompatibility with established land use along 22nd Avenue. The 22nd Avenue Corridor between 6th Street and Orchard Drive consists mostly of residential, office, and medical service uses. The B-2 Zoning District would allow for a higher intensity of uses, such as food service and markets. Although 22nd Avenue is likely to handle the increased traffic demands from the small development, the location is a concern due to the proximity to Yorkshire Drive, which will create turning conflicts. The Initial Development Plan proposes a site which could be planned within a standard B-2 Zoning District with the exception of the reduced bufferyard to the north. Had the original B-2 rezone request been granted, the applicant would be required to obtain a variance for the reduced bufferyard and the applicant would be held to the standards from the Commercial Corridor Design Review Overlay District. Instead, the proposed development is exempt from the Commercial Corridor Overlay District and the initial development plan made no attempts to incorporate any of the design standards and guidelines found in the Commercial Corridor Overlay District. The application is essentially a commercial development in a B-2 District without the Commercial Corridor overlay standards, with a variance to bufferyard requirements , and with a slight modification to the permitted uses. Legal Consideration: None. Strategic Plan Consideration: Economic Growth – the rezoning would provide an opportunity for business growth. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table The Development Review Team and staff recommend denial. The Planning Commission voted 9-0 recommending approval of the Planned Development District with the elimination of “drinking establishments” from the permitted uses and with an exception for a reduced bufferyard to the north. Supporting Documentation: Ordinance Planning Commission Minutes Legal Notice – City Council Legal Notice – Planning Commission Initial Development Plan – revised 3/3/2022 Initial Development Plan Application Area Map Zoning Map Future Land Use Map Ordinance 22-009 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: Lot 2 of Block 13 or Morningside Addition in the City of Brookings, Brookings County, from Residence R-1B Single-Family District to Planned Development 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: February 22, 2022 Second Reading and Adoption: March 8, 2022 Published: March 11, 2022 CITY OF BROOKINGS, SD ________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk Planning Commission Brookings, South Dakota February 1, 2022 OFFICIAL MINUTES Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday, February 1, 2022, at 5:30 PM in the Council Chambers Room #310 of the City & County Government Center. Members present were Tanner Aiken, Justin Borns, James Drew, Gregg Jorgenson, Jacob Mills, Lee Ann Pierce, Nick Schmeichel, Roger Solum, and Fargen. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Seth Skogen, and Brian Leuders. Item #4a – Seth Skogen and Abundant Life Church submitted a petition to rezone Lot 2 of Block 13 of Morningside Addition, City of Brookings, from a Residence R-1B single-family district to a Planned Development District. (Pierce/Mills) Motion to remove item from the table. All present voted aye. MOTION CARRIED. (Pierce/Fargen) Motion to approve the rezone request to a Planned Development District. (Original motion was made at the December 6, 2021 Planning Commission Meeting.) (Mills/Solum) Amendment to the motion to remove “drinking establishment” as an allowed use. Borns, Pierce and Jorgenson voted no. All others voted aye. AMENDMENT CARRIED. Motion to approve rezone request as amended. All present voted aye. MOTION CARRIED. Planning Commission Brookings, South Dakota February 1, 2022 OFFICIAL SUMMARY Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday, February 1, 2022, 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, Justin Borns, James Drew, Gregg Jorgenson, Jacob Mills, Lee Ann Pierce, Nick Schmeichel, Roger Solum, and Fargen. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Seth Skogen, and Brian Leuders – Brookings School District. Item #4a – The original request heard in November was to rezone from an R-1B to a B-2 District. The Commission tabled the item and encouraged the applicant to resubmit their request and site plans to rezone to a Planned Development District (PDD). The applicant’s initial development plan was heard by the Planning Commission in December and again tabled due to concern regarding the site plan. The applicant has modified the site plan and changes have been made to the landscape buffers to the north, south and west, all these will meet the requirements of the PDD. However, the buffer yard to the north will require a variance. This project is on 22nd Avenue which means that applicant would have to follow the requirements of the Commercial Corridor Overlay District (CCOD), but rezoning to a PDD would make them exempt from meeting the CCOD requirements. Pierce asked if the Commission could require the Commercial Corridor Design Review Standards be applied to a PDD. Miller explained that they can require or recommend changes to the site plan that would follow some of the CCOD standards. Skogen explained that the CCOD standards would require their building to be built at the street and this would not work for his plan. Parking would need to be behind the building in a CCOD. Mills asked if the parking at the rear of the building was a requirement or a guideline of the CCOD. Mills didn’t remember that the CCOD stated this as a requirement. Schmeichel wondered if the applicant had spoken with the neighbors to the south regarding a shared access. Miller explained that parking couldn’t be located any closer to the street than the primary building on the parcel, unless the applicant can demonstrate that there are no other options for the parking. Schmeichel wondered if the city would have traffic concerns knowing the shared drive is no longer an option. Miller explained that the access drive for this location would be moved to the north as far as it could be. There is a turning lane at this point that could cause an issue with traffic. Mills inquired if the applicant has some proposed tenants for his project and if they removed some B-2 uses, could this cause some issues. Skogen stated that he has been talking with potential tenants. Borns asked where the employees will be allowed to park. Skogen stated that he would need to work that out yet, he would consider talking to the church. Mills feels that the Commercial Corridor Overlay District is a demanding district and it seems like it would be hard to require all new buildings/developments to follow the standards of this district. Fargen likes the idea of trying to get this request to fit the Commercial Corridor Overlay District, however this district is challenging and since there are properties in the vicinity that don’t meet the CCOD, and have parking in the front, he doesn’t feel that the Commission should hold the applicant to these standards. Schmeichel is concerned with the traffic because of the turning lane. And he is concerned that there could be a traffic issue and an issue of traffic backing up into the parking lot if they cannot turn onto 22nd Avenue. NOTICE OF PUBLIC HEARING Ordinance 22-009 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, March 8, 2022, 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 22-009, an Ordinance to Rezone Lot 2 of Block 13 of Morningside Addition from Residence R-1B Single-Family District to Planned Development 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 25th day of February, 2022. 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 Seth Skogen and Abundant Life have submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: Lot 2 of Block 13 of Morningside Addition, An Addition to the City of Brookings, Brookings County, South Dakota, from a Residence R-1B single-family district to a Planned Development District. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Monday, December 6, 2021 in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard on this matter. Dated this 26th day of November 2021. ____________________________ Ryan Miller City Planner N 3'8'23'24'-11 5/16"15'24' 12' 9' 9'19'27'-7 3/16"19'3'5' 17'-8" 10' UTILITY EASEMENT 10' UTILITY EASEMENT7' UTILITY EASEMENT7' UTILITY EASEMENT 800 SQ-FT UNIT2400 SQ-FT UNIT 1340 SQ-FT UNIT MENU 6' TALL PRIVACY FENCE THIS PROPERTY LINE DUMPSTER www.hamlinbc.comLOT 2 OF BLOCK 13 OF MORNINGSIDE ADDITION THE MACKENZIE BUILDING INITIAL DEVELOPMENT PLAN ZONING: PDD WITH UNDERLYING B-2 DISTRICT SETBACKS: 10' ALONG 22ND' AVE HEIGHT: 18' PROPOSED USES: DRIVE-IN FOOD SERVICE RETAIL OR SERVICE STORE PERSONAL SERVICE STORE PERSONAL HEALTH SERVICE FINANCIAL INSTITUTION OFFICE BUILDING GROCERY SUPERMARKET FUNERAL HOME OR MORTUARY COMMUNITY CENTER PROPOSED SITE LAYOUTSHEET #: SCALE: DATE:PAGE TITLE:2/11/2022 1/8"=1'-0" 1/1 DRAWN BY: CWBUILDING PLANS FOR:THE MACKENZIE BUILDINGBROOKINGS, SD, 57006 LN | 605-785-3381EXTERIOR ELEVATIONS ARE AN ARTISTIC INTERPRETATION OF OVERALL DESIGN. THEY ARE NOT MEANT TO BE AN EXACT RENDITION OF THE PROJECT. SOME ITEMS MAY NOT BE STANDARD AND/OR REPRESENT THE FINISHED PROJECT. EXACT SITE GRADING MAY DIFFER © HAMLIN BUILDING CENTER ALL RIGHTS RESERVED, DUPLICATION AND DISTRIBUTION OF THIS PLAN WITHOUT WRITTEN PERMISSION IS PROHIBITED HAMLIN BUILDING CENTER 45002 SD HWY 28 LAKE NORDEN , SD 57248BKG | 605-692-3381HAMLIN BUILDING CENTER, INC. HAS NOARCHITECTURAL OR ENGINEERINGDEGREE OR LICENSE. HAMLIN BUILDINGCENTER, INC. HAS PROVIDED A DRAFTINGSERVICE TO THE OWNER AND/ORCONTRACTOR PER THEIR SPECIFICATIONS.ALL DIMENSIONS AND ENGINEERING ARETHE RESPONSIBILITY OF THE OWNER AND/OR CONTRACTOR.SETH SKOGEN www.hamlinbc.comN3'12'8'20'44'14'23'15'3' 19'31'-6 5/8"19'25'-0 3/16"9'24'-8 3/16"17'25'-6" 40'15'-6"7'-6"10'-0"9'-0" 10' UTILITY EASEMENT 10' UTILITY EASEMENT7' UTILITY EASEMENT7' UTILITY EASEMENT 800 SQ-FTUNIT1760 SQ-FT UNIT1340 SQ-FT UNITMENU6' TALL PRIVACY FENCE THIS PROPERTY LINE DUMPSTER SHEET #: SCALE: DATE:PAGE TITLE:3/1/2022 1/8"=1'-0" 1/2 DRAWN BY: CWBUILDING PLANS FOR:THE MACKENZIE BUILDINGBROOKINGS, SD, 57006 LN | 605-785-3381EXTERIOR ELEVATIONS ARE AN ARTISTIC INTERPRETATION OF OVERALL DESIGN. THEY ARE NOT MEANT TO BE AN EXACT RENDITION OF THE PROJECT. SOME ITEMS MAY NOT BE STANDARD AND/OR REPRESENT THE FINISHED PROJECT. EXACT SITE GRADING MAY DIFFER © HAMLIN BUILDING CENTER ALL RIGHTS RESERVED, DUPLICATION AND DISTRIBUTION OF THIS PLAN WITHOUT WRITTEN PERMISSION IS PROHIBITED HAMLIN BUILDING CENTER 45002 SD HWY 28 LAKE NORDEN , SD 57248BKG | 605-692-3381HAMLIN BUILDING CENTER, INC. HAS NOARCHITECTURAL OR ENGINEERINGDEGREE OR LICENSE. HAMLIN BUILDINGCENTER, INC. HAS PROVIDED A DRAFTINGSERVICE TO THE OWNER AND/ORCONTRACTOR PER THEIR SPECIFICATIONS.ALL DIMENSIONS AND ENGINEERING ARETHE RESPONSIBILITY OF THE OWNER AND/OR CONTRACTOR.SETH SKOGENLOT 2 OF BLOCK 13 OF MORNINGSIDE ADDITION THE MACKENZIE BUILDING INITIAL DEVELOPMENT PLAN ZONING: PDD WITH UNDERLYING B-2 DISTRICT SETBACKS: 10' ALONG 22ND' AVE HEIGHT: 18' PROPOSED USES: DRIVE-IN FOOD SERVICE RETAIL OR SERVICE STORE PERSONAL SERVICE STORE PERSONAL HEALTH SERVICE FINANCIAL INSTITUTION OFFICE BUILDING GROCERY SUPERMARKET FUNERAL HOME OR MORTUARY COMMUNITY CENTER PROPOSED SITE LAYOUTOPTION 1 www.hamlinbc.comN3'12'8'44'14'23'15'3'22'-0 3/16"25'-6" 40'15'-6"7'-6"10'-0"9'-0"9'19'31'-7 9/16"19'24'-11 1/4" 10' UTILITY EASEMENT 10' UTILITY EASEMENT7' UTILITY EASEMENT7' UTILITY EASEMENT 1600 SQ-FTUNIT1760 SQ-FT UNIT1340 SQ-FT UNITMENU6' TALL PRIVACY FENCE THIS PROPERTY LINE DUMPSTER SHEET #: SCALE: DATE:PAGE TITLE:3/1/2022 1/8"=1'-0" 2/2 DRAWN BY: CWBUILDING PLANS FOR:THE MACKENZIE BUILDINGBROOKINGS, SD, 57006 LN | 605-785-3381EXTERIOR ELEVATIONS ARE AN ARTISTIC INTERPRETATION OF OVERALL DESIGN. THEY ARE NOT MEANT TO BE AN EXACT RENDITION OF THE PROJECT. SOME ITEMS MAY NOT BE STANDARD AND/OR REPRESENT THE FINISHED PROJECT. EXACT SITE GRADING MAY DIFFER © HAMLIN BUILDING CENTER ALL RIGHTS RESERVED, DUPLICATION AND DISTRIBUTION OF THIS PLAN WITHOUT WRITTEN PERMISSION IS PROHIBITED HAMLIN BUILDING CENTER 45002 SD HWY 28 LAKE NORDEN , SD 57248BKG | 605-692-3381HAMLIN BUILDING CENTER, INC. HAS NOARCHITECTURAL OR ENGINEERINGDEGREE OR LICENSE. HAMLIN BUILDINGCENTER, INC. HAS PROVIDED A DRAFTINGSERVICE TO THE OWNER AND/ORCONTRACTOR PER THEIR SPECIFICATIONS.ALL DIMENSIONS AND ENGINEERING ARETHE RESPONSIBILITY OF THE OWNER AND/OR CONTRACTOR.SETH SKOGENLOT 2 OF BLOCK 13 OF MORNINGSIDE ADDITION THE MACKENZIE BUILDING INITIAL DEVELOPMENT PLAN ZONING: PDD WITH UNDERLYING B-2 DISTRICT SETBACKS: 10' ALONG 22ND' AVE HEIGHT: 18' PROPOSED USES: DRIVE-IN FOOD SERVICE RETAIL OR SERVICE STORE PERSONAL SERVICE STORE PERSONAL HEALTH SERVICE FINANCIAL INSTITUTION OFFICE BUILDING GROCERY SUPERMARKET FUNERAL HOME OR MORTUARY COMMUNITY CENTER PROPOSED SITE LAYOUTOPTION 2 22n d Aven ue R ez on e 50 ft 22n d Ave R ezo ne 154 ft 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 22-010,Version:2 Public Hearing and Action on Ordinance 22-010, an Ordinance to Change the Zoning within the City of Brookings, rezoning Outlot 1 excluding the North 40 feet and excluding H-1 in the North East Quarter Section 1-T109N-R50W in the City of Brookings, Brookings County, South Dakota from Agriculture A District to Business B-2 District; the North 325 feet of Lot 1 Richard Price First Addition from Residence R-3A Apartments/Mobile Homes/Manufactured Housing District to Business B-2 District; and the South 325 feet of the North 365 feet of the North East Quarter excluding Platted Areas in Section 1-T109N-R50W in the City of Brookings, Brookings County, from Residence R-3 Apartment District to Business B-2 District. Summary: PMVK Limited has submitted a request to rezone approximately 7.6 acres of land near the intersection of 22nd Avenue South and 20th Street South from Agricultural A District, Residence R-3A Apartments/Mobile Homes/Manufactured Housing District and Residence R-3 Apartment District to Business B-2 District. Recommendation: The Planning Commission voted 9-0 recommending approval of the rezoning request on February 1, 2022. The Development Review Team and staff recommend approval. Attachments: Memo Ordinance Planning Commission Minutes Legal Notice - City Council Legal Notice - Planning Commission Application Rezoning Exhibit Area Map Zoning Map Future Land Use Map B-2 Zoning Regulations City of Brookings Printed on 3/4/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: February 22, 2022 / March 8, 2022 Subject: Ordinance 22-010: Request to rezone approximately 7.6 acres of land from Agricultural A District, Residence R-3A Apartments/Mobile Homes/Manufactured Housing District and Residence R-3 Apartment District to Business B-2 District. Presenter: Mike Struck, Community Development Director Summary: PMVK Limited has submitted a request to rezone approximately 7.6 acres of land near the intersection of 22nd Avenue South and 20th Street South from Agricultural A District, Residence R-3A Apartments/Mobile Homes/Manufactured Housing District and Residence R-3 Apartment District to Business B-2 District. Background: The property is located near the southwest corner of 22nd Avenue South and 20th Street South. A Comprehensive Plan Amendment was approved in 2021 reclassifying the western portion of this property as Urban Medium Intensity from the previous Medium Density Residential Future Land Use designation. The eastern portion of the property was designated as Urban Medium Intensity by the 2040 Comprehensive Plan . Item Details: The rezoning request covers three legally described pieces of land. The first, Outlot 1 excluding the North 40 feet and excluding lot H-1, is located at the Southwest corner of 22nd Avenue South and 20th Street South. This 1.55-acre property is currently zoned Agricultural A District and the land is vacant after recent clearing for anticipated future redevelopment. To the west is a piece of land described as the North 325 feet of Richard Price First Addition. This piece of land located along 20th Street South is approximately 1.77 acres and includes a portion of the Hillside Mobile Home Park. A few mobile homes located within the portion of property being rezoned would become nonconforming uses. To the west again is a piece of land described as the South 325 feet of the North 365 feet of the Northeast quarter excluding platted areas. This property includes approximately 4.25 acres of land located along 20 th Street South on either side of Ace Avenue. This portion of the rezone area is currently undeveloped. Multifamily housing is currently being developed to the south of this area along Ace Avenue. The Arbor Hill Addition development is located to the west. Adjacent properties west are zoned B-2 and R-3. Properties to the north are zoned R-3 and Ag. Property to the east is zoned B-3. Properties to the south are zoned R-3 and R-3A. The Future Land Use Map designates the property as Urban Medium Intensity and would support a rezoning to B-2. The area is located along 20th Street South near the future interchange with Interstate 29. Future commercial development is expected in this area and a similar rezoning request was approved just to the west in Arbor Hill Addition where a 1.03-acre parcel was rezoned from R-3 to B-2. The present rezoning request would zone the remaining land between Arbor Hill Addition and 20th Street South to B-2. The B-2 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 resident ial neighborhoods. Legal Consideration: None. Strategic Plan Consideration: Economic Growth – this rezoning would provide an opportunity for business growth. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table The Development Review Team and staff recommend approval. The Planning Commission voted 9-0 recommending approval of the rezone. Supporting Documentation: Ordinance Planning Commission Minutes Legal Notice – City Council Legal Notice – Planning Commission Application Rezoning Exhibit Area Map Zoning Map Future Land Use Map B-2 Zoning Regulations Ordinance 22-010 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: Outlot One (1) Excluding the North Forty Feet (N 40') and Excluding Lot H-1 in the Northeast Quarter (NE ¼) in Section One (1) Township One-hundred Nine North (109 N) Range Fifty West (50 W ) in the City of Brookings, Brookings County, South Dakota from Agriculture A district to Business B-2 district; The North Three-hundred twenty-five Feet (N 325’) of Lot One (1) Richard Price 1st Addition from Residence R-3A apartments/mobile homes/manufactured housing district to Business B-2 district; And the South Three-hundred twenty-five feet (S 325') of the North Three-hundred sixty-five feet (N 365') of the Northeast Quarter (NE ¼) Excluding Platted Areas in Section One (1) Township One-hundred Nine North (109 N) Range Fifty West (50 W ) in the City of Brookings, Brookings County, 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: February 22, 2022 Second Reading and Adoption: March 8, 2022 Published: March 11, 2022 CITY OF BROOKINGS, SD ________________________ ATTEST: Oepke G. Niemeyer, Mayor _________________________ Bonnie Foster, City Clerk Planning Commission Brookings, South Dakota February 1, 2022 OFFICIAL MINUTES Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday, February 1, 2022, 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, Justin Borns, James Drew, Gregg Jorgenson, Jacob Mills, Lee Ann Pierce, Nick Schmeichel, Roger Solum, and Fargen. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Seth Skogen, and Brian Leuders – Brookings School District. Item #4c – PMVK Limited submitted a petition to rezone Outlot 1 except the N40’ and except H-1 in the NE ¼ Section 1-T109N-R50W; The N325’ of Lot 1 of Richard Price 1st Addition; and The S325’ of N365’ of the NE1/4 except platted areas in Section 1-T109N-R50W in the City of Brookings from an Agriculture A District, Residence R-1A single-family district, and Residence R-3 apartment district to a Business B-2 District. (Jorgenson/Borns) Motion to approve the rezone request. All present voted aye. MOTION CARRIED. Planning Commission Brookings, South Dakota February 1, 2022 OFFICIAL SUMMARY Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday, February 1, 2022, 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, Justin Borns, James Drew, Gregg Jorgenson, Jacob Mills, Lee Ann Pierce, Nick Schmeichel, Roger Solum, and Fargen. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Seth Skogen, and Brian Leuders – Brookings School District. Item #4c – This is a request to rezone property along 22nd Avenue South and 20th Street South. An amendment to the comprehensive plan was approved in 2021 to reclassify this area as Urban Medium Intensity. This rezone is portions of 3 different lots that currently have 3 different zoning districts applied. NOTICE OF PUBLIC HEARING Ordinance 22-010 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, March 8, 2022, 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 22-010, an Ordinance to Rezone Outlot 1 excluding the North 40 feet and excluding H-1 in the North East Quarter Section 1-T109N-R50W in the City of Brookings, Brookings County, South Dakota from Agriculture A District to Business B-2 District; the North 325 feet of Lot 1 Richard Price First Addition from Residence R-3A Apartments/Mobile Homes/Manufactured Housing District to Business B-2 District; and the South 325 feet of the North 365 feet of the North East Quarter excluding Platted Areas in Section 1- T109N-R50W in the City of Brookings, Brookings County, 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 25th day of February, 2022. 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 PMVK Limited has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: Outlot 1 Exc. N 40' and Exc H-1 in the NE 1/4 Sec 1-T109N-R50W; The N 325’ of Lot 1 Richard Price 1st Addition; And the S 325' of N 365' of NE 1/4 Exc. Platted Areas Sec 1-T109N-R50W in the City of Brookings, Brookings County, South Dakota, from an Agriculture A district, Residence R-1A single-family district, and Residence R-3 apartment district to a 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, February 1, 2022 in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard on this matter. Dated this 21st day of January 2022. ____________________________ Ryan Miller City Planner 23O.L. 120TH STREET SRICHARD PR ICE1ST ADD IT ION LOT 1S325' N365'NE1/4 SEC 1-T109N-R50WN325'LOT 1SECTION LINE22ND AVENUE S SECTION LINE ACE AVENUE 40' ROW 40'ROW60'ROWSOUTHLANDADDITION 4C4B4ABLOCK 2SHEET No. :PROJECT / SHEET TITLE :DATE:JOB No.:www.bannerassociates.com Toll Free: 1.855.323.6342 F:\23119-00\Design Phase\CADD\Sheet File\Rezoning Exhibit.dwg;12/27/2021 8:06 AM ENG / ARCH:DESIGNER:TECHNICIAN:REZONING EXHIBIT BROOKINGS, SOUTH DAKOTAJBBJBBJLUDEC 202123119-001 OF 10 75 150 FTREZONING EXHIBITOUTLOT 1 EXC. N40' AND EXC. H-1 IN THE NE1/4 OF SEC 1-T1090N-R50W;N325' OF LOT 1 RICHARD PRICE 1ST ADDITION; AND S325' OF N365' OFNE1/4 EXC. PLATTED AREAS OF SEC 1-T1090N-R50W,IN THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTA PMVK Limited R ezon e 595 ft PMVK Limited R ezon e 149 ft Moriarty DrDoralDr17thAv eS2 2 nd S t S FranklinAveW i nder mereWay472ndAve22ndAve2 0 t h S t S PinehurstDr16thAveSBluegillAve2 4 t h S t S 2 3 rd S t SGrandArborAve 29 W e s te r n E s t a t e R d WesternEstS2 1 4 t h S t Edgebrook Gol f Course Res MD Res MDRes MD Res MD Res MD Res LD Mobile Homes Urban Medium Urban Medium Urban High Open Wetland Parks Parks Res MD Urban Medium Future Land Use Map Esri, NASA, NGA, USGS, FEMA, Esri Community Maps Contributors, South FLU_RDG Mobile Homes Open Space Open Wetland Parks Res LD Res MD Urban High Urban Medium Water 1/21/2022 0 0.1 0.20.05 mi 0 0.2 0.40.1 km 1:11,116 (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) 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 22-008,Version:2 Second Reading and Action on Ordinance 22-008, an Ordinance Authorizing Supplemental Appropriation #2 to the 2022 Budget - Parts 1,2&3. Summary: City of Brookings staff continually monitors departmental budgets and brings amendments to the City Council as necessary to account for circumstances not anticipated in the originally adopted appropriation ordinance. This ensures compliance with state and local laws and maintains transparency regarding the City’s operational needs. This three-part budget amendment requests to carry over unused funds from the previous year, fund priority items not budgeted in 2022 and allocate the use of reserves for specific initiatives. Recommendation: Staff recommends approval. Attachments: Memo Ordinance Appendix A City of Brookings Printed on 3/4/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Erick Rangel, Chief Financial Officer Council Meeting: February 22, 2022 / March 8, 2022 Subject: Ordinance 22-008: Authorizing Supplemental Appropriation #2 to the 2022 Budget – Parts 1,2&3 Presenter(s): Ashley Rentsch, Deputy Finance Manager Erick Rangel, Chief Financial Officer Summary: City of Brookings staff continually monitors departmental budgets and brings amendments to the City Council as necessary to account for circumstances not anticipated in the originally adopted appropriation ordinance. This ensures compliance with state and local laws and maintains transparency regarding the City’s operational needs. This three-part budget amendment requests to carry over unused funds from the previous year, fund priority items not budgeted in 2022 and allocate the use of reserves for specific initiatives. Background:  Part 1 will carry forward unspent funds from 2021’s budget. These items were budgeted in 2021 but are expected to be completed in 2022.  Part 2 will increase 2022’s funding for priority items which were not initially funded when the 2022 budget was passed and new priority items that have been identified since the passing of the budget. All of the proposed items would be funded by 2021’s budget surplus.  Part 3 will fund priority initiatives allocating the use of the city’s reserves. Item Details: Part 1- Carry Forwards by fund: $9,075,318 General Fund Amount Operations - Project Work $ 138,079 Operations - Risk Management $ 122,772 Operations - Equipment/Supplies $ 22,600 Operations - Community Events $ 5,680 Operations - Marketing Initiatives $ 3,219 Total $ 292,350 Capital Improvement Projects (CIP) Fund Amount Operations - Project Work $ 978,369 Operations - Equipment/Supplies $ 755,000 Operations - Maintenance $ 528,939 Operations - Grant Match $ 125,000 Total $ 2,387,308 Other funds Category Amount Swiftel Center Operations - Equipment/Supplies $ 28,000 Storm Drainage Operations - Project Work $ 904,335 Airport Operations - Project Work $ 45,000 Solid Waste Collections Operations - Equipment/Supplies $ 290,652 Landfill Operations - Equipment/Supplies $ 975,000 Overpass Capital Project Capital - Project Work $ 4,152,673 Total $ 6,395,660 Part 2 – New initiatives funded by 2021’s surplus: $1,148,466 General Fund Amount Operations - COVID $ 296,059 Operations - Equipment/Supplies $ 108,016 Operations - Employee Development $ 104,380 Operations - Inflation $ 100,000 Operations - Risk Management $ 85,292 Operations - Recruiting and Hiring $ 44,000 Operations - Utilities $ 35,014 Operations - Labor $ 29,760 Private Donation/Grant $ 23,376 Operations - Legal $ 20,000 Operations - Marketing Initiatives $ 6,000 Subsidies $ 4,500 Total $ 856,397 Other funds Category Amount Capital Improvement Projects (CIP) Operations - Equipment/Supplies $ 144,000 Grant Matching $ 50,000 Private Donation/Grant $ 32,124 Operations - Project Work $ 20,061 Library Donations Private Donation/Grant $ 49,000 Airport Operations - Risk Management $ (3,676) Edgebrook Golf Course Maintenance $ 3,500 Operations - Utilities $ 1,118 Operations - Risk Management $ 749 Solid Waste Collections Operations - Risk Management $ (5,471) Landfill Operations - Risk Management $ (19) E911 Operations - Risk Management $ 176 Other funds Category Amount Liquor Store Operations - Risk Management $ 117 Storm Drainage Operations - Risk Management $ 59 R&T Center Operations - Risk Management $ 330 Total $ 292,069 Note: Risk Management initiatives are mainly composed of truing up the budgeted Work Comp and Property and Liability Insurance expense with the actual costs received after the budget was passed, this explains the negative numbers in some funds. Part 3 – Priority initiatives funded by the use of City reserves: $261,641 Fund Category Amount General Fund Subsidies $ 25,000 Economic Development $ 20,000 Liquor Store Operations - Risk Management $ 2,642 Operations - Utilities $ 1,000 Landfill Operations - Equipment/Supplies $ 172,000 BBB Operations - Feasibility Study $ 41,000 Total $ 261,641 Note: Please refer to Appendix A for individual details on each proposed Budget Amendment item Legal Consideration: State law (SDCL 9-21-7) and the City Charter (4.06(a)) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it comes due . Strategic Plan Consideration: This Ordinance supports Fiscal Responsibility by ensuring the City obtains budget authority and transfers cash as necessary to meet appropriations. Financial Consideration: Part 1&2: The current estimated General Fund budget surplus excluding unused ARPA (American Rescue Plan) Grant funding is $1,322,142 (includes 6% contingency). After factoring in the total proposed budget funding increase s, the estimated surplus is $509,235. After the City’s financial audit is concluded, the final surplus will be added to the City Council Priority Project Fund. The current estimated Capital Improvement Projects (CIP) Fund budget surplus is $2,680,428 (includes 25% contingency). After factoring in the total proposed budget funding increases, the estimated surplus is $79,059. After the City’s financial audit is concluded, the final surplus will be added to the CIP fund reserves. Other Fund’s incremental requests are able be funded with their respective 2021’s estimated surpluses Part 3: After factoring in all proposed reserves utilization, the City’s reserves level will be in compliance with the City’s Comprehensive Financial Management Policy. 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. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Ordinance Appendix A Ordinance 22-008 An Ordinance Authorizing Supplemental Appropriation No. 2 to the 2022 Budget Be It ordained by the City of Brookings, South Dakota: Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a)) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it becomes due. Now, therefore, Be It Resolved by the City Council that the City Manager be authori zed to make the following budget adjustments to the 2022 budget: Part 1 – will carry forward unspent funds from 2021’s budget. These items were budgeted in 2021 but are expected to be completed in 2022. General Fund Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description Non-Departmental 101-405-5-121-11 Retirement Payout Expense 122,772 Unplanned Retirements Park & Rec 101-452-5-911-00 Building & Structures 15,000 Reseal Nature Center will be performed in 2022 Hillcrest Aquatic Center 101-449-5-911-00 Buildings & Structures 20,000 Pool Painting will be performed in 2022 Hillcrest Aquatic Center 101-449-5-911-00 Buildings & Structures 50,000 Cold Joint Reconstruction will be performed in 2022. Priority item IT 101-416-5-940-00 Other Capital-IT 6,600 To purchase a backup server for VEEAM solution to replace Quorum backup solution Recreation Department 101-451-5-920-00 Furniture & Equipment 5,879 The Arts Council elevator replacement project will be finished in 2022 Parks Department 101-452-5-911-00 Building & Structures 10,000 Items such as pic nic tables will be received in 2022 Human Resources 101-495-5-856-19 Human Rights Commission 3,680 Griffit Lecture moved to 2022 and other items being delivered in 2022 Human Resources 101-414-5-422-07 Software Services 20,000 RIS System implementation costs will occur in 2022 instead of 2021 City Clerk 101-401-5-856-29 Special Initiatives 2,000 Unused 2021 event and city clerk funds will help achieve the higher dollar amount for the event(s) in 2022. City Manager 101-406-5-423-01 Advertising & Marketing 3,219 The Brookings Photo Library Project has extended into 2022 to give a full year of photos through the seasons. Last year only a partial amount of the originally planned funding was used Finance 101-415-5-422-07 Contracting Services 6,000 Gravity Cash flow unit 5K one time fee and 1K additional annual fee Finance 101-415-5-422-07 Contracting Services 1,000 SB- Cloud Coding- one time 1st quarter troubleshooting for Cloud Implementation Finance 101-415-5-422-07 Contracting Services 26,200 Elhers - 10 Yr financial Plan Total Increase / (Decrease)292,350 Capital Improvement Projects (CIP) Fund *Transfer out transaction is not incremental as it is reflected in the Swiftel Center Fund’s budget request. This item is not included in the total budget request amount. Special Revenue Funds Capital Project Funds Enterprise Funds Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description CIP - Sinking Fund 213-000-5-911-00 Buildings 528,939 Sinking Fund CIP - Swiftel 213-000-7-899-03 Transfer out-Swiftel CIP*28,000 Scrubber was not delivered in 2021 CIP - Forestry 213-000-5-940-11 Vehicles and Equip Capital Exp 200,000 Forestry Zip Boom Truck was not delivered in 2021 CIP - Fire Department 213-000-5-940-08 Fire Dep Capital Exp 56,000 Breathing Air Compressor was not delivered in 2021 CIP - Park & Rec 213-000-5-940-04 Parks & Rec Improvements 50,000 2021 LWCF Match - Dog Park will be built in 2022 CIP - Park & Rec 213-000-5-940-04 Parks & Rec Improvements 40,000 2021 Southbrook Restroom Rehab will be finished in 2022 CIP - Park & Rec 213-000-5-940-05 Bike lane/trail Improve -eng 19,939 Trail Repair - DNP will be performed in 2022 CIP - Park & rec 213-000-5-940-05 Bike lane/trail Improve -eng 75,000 2021 Trail Grant Match CIP - Library 213-000-5-940-09 Library Dep Capital Exp 5,473 Exterior Doors will be completed in 2022 CIP - Library 213-000-5-940-09 Library Dep Capital Exp 178,210 Air Handlers will be replaced in 2022 CIP - Library 213-000-5-940-09 Library Dep Capital Exp 34,650 Interior Wallboard repair/patch will be completed in 2022 CIP - Park & Rec 213-000-5-940-10 Activity Center Capital Exp 20,000 Windows Door replacement in AC will be completed in 2022 Activity Center CIP - Streets 213-000-5-940-11 Vehicles and Equip Capital Exp 200,000 Street Pay loader – Carryover CIP - Streets 213-000-5-940-11 Vehicles and Equip Capital Exp 210,000 Tandem Axle Truck – Carryover CIP - Streets 213-000-5-940-11 Vehicles and Equip Capital Exp 34,000 Crew Cab 4WD - Carryover CIP - Streets 213-000-5-940-11 Vehicles and Equip Capital Exp 55,000 Side Dump Trailer - Carryover CIP - Streets & Sidewalks 213-000-5-960-00 Street & Sidewalk Improvements 352,425 Rebuilding of the intersection at 8th and Main was scheduled for 2021 but will performed in 22 CIP - Street Curb and Gutter 213-000-5-960-02 Street curb & gutter 307,575 Rebuilding of the intersection at 8th and Main was scheduled for 2021 , will be performed in 22 CIP - Park & Rec 213-000-5-940-04 Parks & Rec Improvements 20,097 Larson Ice Center RTU-2A project wasn’t completed in 2021, will be finalized in 2022 Total Increase / (Decrease)2,387,308 Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description Swiftel Center 224-000-5-940-01 Capital 28,000 Scrubber was not delivered in 2021 Storm Drainage 282-000-5-422-03 Consulting/Engineering 50,000 Master Drainage plan is a multi-year project and is ongoing necessitating $50,000 to be carried forward. This multi-year project is being amended to cover the balance from the work started in 2021. Storm Drainage 282-000-5-980-00 Storm Sewer Improvements 854,335 Drainage work at Wilson Ave, SDSU joint project with the City, 5th Avenue drainage project, Harvey Dunn storm sewer project and Remington/Cardinal neighborhood Total Increase / (Decrease)932,335 Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description Overpass Capital Project 528-000-5-422-03 Consulting/Engineering 223,824 Overpass Overpass Capital Project 528-000-5-940-00 Other Capital 3,928,849 Overpass Total Increase / (Decrease)4,152,673 Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description Landfill 625-000-5-930-00 Machinery & Auto Equipment 975,000 Compactor was not delivered in 2021. Expected to receive in April 22 Solid Waste Collection 612-000-5-930-00 Machinery & Auto Equipment 290,652 Collection truck was not delivered in 2021 Airport 606-000-5-970-00 Runway Improvements 45,000 Terminal roof (leaking). This project was not budgeted in 2021 although we had funds to cover the cost due to grants that the city obtained after the budget had been approved. Total Increase / (Decrease)1,310,652 Part 2 – will increase 2022’s funding for priority items which were not initially funded when the 2022 budget was passed and new priority items that have been identified since the passing of the budget. All of the proposed items would be funded by 2021’s budget surplus. General Fund – Revenue General Fund - Expense Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description Park & Rec 101-452-4-446-10 Donations 17,876 Donation received to fund seasonal staff Library 101-455-4-334-09 Grants 2,500 Grant from Dollar General Association Total Increase / (Decrease)20,376 Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description Non Departmental 101-405-5-429-00 Miscellaneous Expense - COV19 296,059 Expenditures to mitigate and prevent COVID-19 Park & Rec 101-452-5-101-01 Temporary Pay 17,876 Donated Seasonal Staff Library 101-455-5-367-01 Grant Expenditures 3,000 ALA Grant Appropriations/Subsidies 101-495-5-856-12 Farmer's Market Subsidy 4,500 Farmer's Market Subsidy City Attorney 101-412-5-422-08 Litigation Expense 20,000 Additional litigation expense Human Resources 101-414-5-429-16 Employee Development 65,000 Promote employee professional growth and learning opportunities City Manager 101-405-5-856-99 Contingency Fund 100,000 Inflation contingency Police Department 101-421-5-428-03 Heat 2,564 Increase in Gas prices Fire Department 101-422-5-426-29 Propane 1,913 Increase in Gas prices Aquatics Center 101-449-5-428-03 Heat 1,676 Increase in Gas prices Recreation Department 101-451-5-428-03 Heat 3,397 Increase in Gas prices Larson Ice Arena 101-453-5-428-03 Heat 23,292 Increase in Gas prices Library 101-455-5-428-02 Electric & Water 2,174 Increase in Gas prices Police Department 101-421-5-920-00 Furniture & Equipment 12,000 (3) Thermal cameras for patrol vehicles. Library 101-455-5-424-07 Programming Expense 17,500 Programing due to increase in County funding Streets 101-431-5-427-02 Registration & Training 9,000 (1-2) CDL Licenses for employees General Buildings 101-417-5-424-01 Equipment Rental 2,880 Water & Ice Makers (3) City Council 101-401-5-950-10 IT Capital less than $5000 5,000 iPad (7) for City Council Library 101-455-5-367-01 Grant Expenditures 2,500 Grant from Dollar General Association Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description City Manager 101-406-5-427-02 Registration & Training 10,000 LT Strategic Planning Police Department 101-421-5-426-30 SWAT Tactical Supplies 8,000 Additional supply of less lethal munitions and chemical munitions City Clerk 101-403-5-427-01 Travel & Lodging 3,170 Increase budget in order to accommodate 2 Clerk staff to attend education/training events. City Clerk 101-403-5-427-02 Registration & Training 846 Increase budget in order to accommodate 2 Clerk staff to attend education/training events. City Clerk 101-401-5-856-29 Special Initiatives 3,500 Include Mayor's Events City Clerk 101-401-5-856-63 Volunteer Recognition (3,500) Include Mayor's Events Police Department 101-421-5-427-02 Registration & Training 20,000 Additional Training focused on areas of leadership, de- escalation, equity and anti-bias etc. This specialized training is costly. Police Department 101-421-5-427-01 Travel & Lodging 8,000 Human Resources 101-401-5-130-00 Workmans Compensation 5 Work Comp adjustment Human Resources 101-403-5-130-00 Workmans Compensation 2 Work Comp adjustment Human Resources 101-406-5-130-00 Workmans Compensation 51 Work Comp adjustment Human Resources 101-414-5-130-00 Workmans Compensation 30 Work Comp adjustment Human Resources 101-415-5-130-00 Workmans Compensation 54 Work Comp adjustment Human Resources 101-416-5-130-00 Workmans Compensation 15 Work Comp adjustment Human Resources 101-417-5-130-00 Workmans Compensation 480 Work Comp adjustment Human Resources 101-418-5-130-00 Workmans Compensation 1,459 Work Comp adjustment Human Resources 101-421-5-130-00 Workmans Compensation 4,258 Work Comp adjustment Human Resources 101-422-5-130-00 Workmans Compensation 1,361 Work Comp adjustment Human Resources 101-430-5-130-00 Workmans Compensation (400) Work Comp adjustment Human Resources 101-431-5-130-00 Workmans Compensation 3,238 Work Comp adjustment Human Resources 101-442-5-130-00 Workmans Compensation 98 Work Comp adjustment Human Resources 101-449-5-130-00 Workmans Compensation (724) Work Comp adjustment Human Resources 101-451-5-130-00 Workmans Compensation 800 Work Comp adjustment Human Resources 101-452-5-130-00 Workmans Compensation 817 Work Comp adjustment Human Resources 101-453-5-130-00 Workmans Compensation 302 Work Comp adjustment Human Resources 101-454-5-130-00 Workmans Compensation (1,053) Work Comp adjustment Human Resources 101-455-5-130-00 Workmans Compensation 134 Work Comp adjustment Human Resources 101-417-5-421-00 Insurance 33,543 Property and Liability Insurance adjustment Human Resources 101-418-5-421-00 Insurance 316 Property and Liability Insurance adjustment Human Resources 101-421-5-421-00 Insurance (4,656) Property and Liability Insurance adjustment Human Resources 101-422-5-421-00 Insurance (386) Property and Liability Insurance adjustment Human Resources 101-430-5-421-00 Insurance 492 Property and Liability Insurance adjustment Human Resources 101-431-5-421-00 Insurance 4,398 Property and Liability Insurance adjustment Human Resources 101-442-5-421-00 Insurance 9 Property and Liability Insurance adjustment Human Resources 101-449-5-421-00 Insurance 451 Property and Liability Insurance adjustment Human Resources 101-451-5-421-00 Insurance (599) Property and Liability Insurance adjustment Human Resources 101-452-5-421-00 Insurance 3,576 Property and Liability Insurance adjustment Human Resources 101-453-5-421-00 Insurance 1,331 Property and Liability Insurance adjustment Human Resources 101-454-5-421-00 Insurance 2,077 Property and Liability Insurance adjustment Human Resources 101-455-5-421-00 Insurance 565 Property and Liability Insurance adjustment Human Resources 101-414-5-422-21 Recruiting Expense 44,000 Need additional funds due to open positions in the city Human Resources 101-414-5-422-03 Consulting & Engineering 33,250 Risk Management consultant and BKD hotline expense Human Resources 101-414-5-856-45 Employee Recognition 1,000 To fund the Employee Advisory Group funds for employee focused projects within the city. IT 101-416-5-856-97 Contingency IT 5,000 Build a Storage/Staging Area City Manager 101-406-5-423-01 Advertising & Marketing 6,000 Printing of community street light banners project the project was not completed or quoted prior to the 2022 budget. Streets 101-431-5-101-01 Temporary Pay 15,600 Carryover funds from 2021 to account for a part time office help at 20 hours per week. Streets 101-431-5-425-03 Maintenance Trucks 2,500 Carryover funds to account for the addition of the Hybrid in the motor pool. Streets 101-431-5-426-03 General Supplies 10,000 Carryover funds to account for cutting edges that we didn’t receive before yearend and also account for increase in price because of steel costs. Capital Improvement Projects (CIP) Fund - Revenue Capital Improvement Projects (CIP) Fund - Expense Special Revenue Funds Enterprise Funds Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description Streets 101-431-5-425-05 Maintenance Buildings 5,000 Carryover funds to expand oil tank capacity because of the increase in servicing Solid Waste equipment. Streets 101-431-5-426-12 Tires 12,000 Carryover funds to replace a set of loader tires that were ordered in 2021 but not received. Forestry 101-454-5-427-02 Registration & Training 4,500 Training/Testing for a Commercial Driver’s License is scheduled to increase 10x in 2022 Public Works 101-430-5-101-00 Regular Pay (2,500) Transferring funds to pay for Pictometry software Public Works 101-430-5-422-07 Contracted Services 2,500 Transferring funds to pay for Pictometry software Finance 101-415-5-101-01 Temporary Pay 8,160 Temp assistance for scanning and other clerical activities as we took work from Landfill Finance 101-415-5-101-01 Temporary Pay 6,000 Summery Intern Larson Ice Arena 101-453-5-920-00 Furniture & Equipment 11,000 Installati0n of video board donated by BISA Total Increase / (Decrease)856,397 Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description CIP - Park & Rec 213-000-4-446-10 Donations 32,124 Donation received for Bobcat attachment Total Increase / (Decrease)32,124 Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description CIP - Park & Rec 213-000-5-940-04 Park & Rec Improvements 50,000 LWCF Grant Match Funds (2022 Application) CIP - Park & Rec 213-000-5-940-11 Vehicles and Equip Capital Exp 32,124 Donation received for Bobcat attachment CIP - Police Department 213-000-5-940-07 Police Dep Capital Exp 25,000 PD equipment- Optics sighting systems for the budgeted replacement handguns CIP - Streets 213-000-5-940-11 Vehicles and Equip Capital Exp 30,000 Street Pay loader CIP - Streets 213-000-5-940-11 Vehicles and Equip Capital Exp 6,000 Crew Cab 4WD CIP - Streets 213-000-5-940-11 Vehicles and Equip Capital Exp 45,000 Street Motor grader CIP - Streets 213-000-5-940-11 Vehicles and Equip Capital Exp 8,000 Pick up 4WD CIP - Streets 213-000-5-940-11 Vehicles and Equip Capital Exp 30,000 Sign Truck, Traffic Safety CIP - Park & Rec 213-000-5-940-05 Bike lane/trail Improve -eng 20,061 Trail Repair - DNP will be performed in 2022 Total Increase / (Decrease)246,185 Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description Human Resources 214-000-5-130-00 Workmans Compensation 176 Work Comp adjustment Library Donations Fund 227-000-5-899-99 Other Expenses 49,000 Larson Family Grant Human Resources 282-000-5-130-00 Workmans Compensation 67 Work Comp adjustment Human Resources 282-000-5-421-00 Insurance (8) Property and Liability Insurance adjustment Total Increase / (Decrease)49,235 Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description Liquor Store 601-000-5-130-00 Workmans Compensation 117 Work Comp adjustment Airport 606-000-5-130-00 Workmans Compensation 409 Work Comp adjustment Airport 606-000-5-421-00 Insurance (4,085) Property and Liability Insurance adjustment Golf Course 607-000-5-130-00 Workmans Compensation 431 Work Comp adjustment Golf Course 607-000-5-421-00 Insurance 318 Property and Liability Insurance adjustment Golf Course 607-000-5-425-05 Maintenance Buildings 3,500 Clubhouse Repairs Golf Course 607-000-5-428-03 Heat 1,118 Increase in Gas prices Waste Collections 612-000-5-130-00 Workmans Compensation (940) Work Comp adjustment Waste Collections 612-000-5-421-00 Insurance (4,531) Property and Liability Insurance adjustment Landfill 625-000-5-130-00 Workmans Compensation 512 Work Comp adjustment Landfill 625-000-5-421-00 Insurance (530) Property and Liability Insurance adjustment R&T 630-000-5-421-00 Insurance 330 Property and Liability Insurance adjustment Total Increase / (Decrease)(3,351) Part 3 – will fund priority initiatives allocating the use of the city’s reserves. General Fund Special Revenue Funds Enterprise Funds All ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: February 22, 2022 Second Reading: March 8, 2022 Published: March 11, 2022 CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description Community Development 101-418-5-422-03 Consulting/Engineering 20,000 Assistance in the exploration of opportunities for Marketplace Development Subsidies 101-495-5-856-72 Social Service Agency Funding 25,000 Increase funding for mental health agencies Total Increase / (Decrease)45,000 Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description Swiftel Center 224-000-5-422-07 Contracted Services 41,000 Market assessment for facility upgrade opportunity Total Increase / (Decrease)41,000 Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description Liquor Store 601-000-5-428-03 Heat 1,000 Increase in Gas prices Liquor Store 601-000-5-421-00 Insurance 2,642 Property and Liability Insurance adjustment Landfill 625-000-5-425-04 Maintenance Equipment 74,000 Compactor Warranty and Service Package Landfill 625-000-5-425-09 Maintenance Grounds 98,000 Leachate Vault Total Increase / (Decrease)175,641 Appendix AAmendment Part Fund Department Amount Description/JustificationCategoryPart 1 ‐ Carry Forward General Fund Non‐Departmental 122,772       Unplanned Retirements Fund created in 2019 Operations ‐ Risk ManagementPart 1 ‐ Carry Forward General Fund Hillcrest Aquatic Center 50,000         Cold Joint Reconstruction will be performed in 2022.  Priority item Operations ‐ Project WorkPart 1 ‐ Carry Forward General Fund Finance 26,200           Elhers ‐ 10 Yr financial Plan Operations ‐ Project WorkPart 1 ‐ Carry Forward General Fund Hillcrest Aquatic Center 20,000         Pool Painting will be performed in 2022 Operations ‐ Project WorkPart 1 ‐ Carry Forward General Fund Human Resources 20,000         RIS System implementation costs will occur in 2022 instead of 2021 Operations ‐ Project WorkPart 1 ‐ Carry Forward General Fund Park & Rec 15,000         Reseal Nature Center will be performed in 2022 Operations ‐ Project WorkPart 1 ‐ Carry Forward General Fund Parks Department 10,000         Items such as pic nic tables will be received in 2022Operations ‐ Equipment/SuppliesPart 1 ‐ Carry Forward General Fund IT 6,600           To purchase a backup server for VEEAM solution to replace Quorum backup solutionOperations ‐ Equipment/SuppliesPart 1 ‐ Carry Forward General Fund Finance 6,000           Gravity Cash flow unit 5K one time fee and 1K additional annual feeOperations ‐ Equipment/SuppliesPart 1 ‐ Carry Forward General Fund Recreation Department 5,879           The Arts Council elevator replacement project will be finished in 2022Operations ‐ Project WorkPart 1 ‐ Carry Forward General Fund Human Resources 3,680           Griffit Lecture moved to 2022 and other items being delivered in 2022Operations ‐ Community EventsPart 1 ‐ Carry Forward General Fund City Manager 3,219           The Brookings Photo Library Project has extended into 2022 to give a full year of photos through the seasons. Last year only a partial amount of the originally planned funding was usedOperations ‐ Marketing InitiativesPart 1 ‐ Carry Forward General Fund City Clerk 2,000           Unused 2021 event and city clerk funds  will help achieve the higher dollar amount for the event(s) in 2022. Operations ‐ Community EventsPart 1 ‐ Carry Forward General Fund Finance 1,000           SB‐ Cloud Coding‐ one time  1st quarter troubleshooting for Cloud ImplementationOperations ‐ Project WorkPart 1 ‐ Carry Forward CIP CIP ‐ Sinking Fund 528,939       Buildings Maintenance Sinking Fund created in 2019 Operations ‐ MaintenancePart 1 ‐ Carry Forward CIP CIP ‐ Streets & Sidewalks 352,425       Rebuilding of the intersection at 8th and Main was scheduled for 2021 but will performed in 22Operations ‐ Project WorkPart 1 ‐ Carry Forward CIP CIP ‐ Street Curb and Gutter 307,575       Rebuilding of the intersection at 8th and Main was scheduled for 2021 , will be performed in 22Operations ‐ Project WorkPart 1 ‐ Carry Forward CIP CIP ‐ Streets 210,000       Tandem Axle Truck – CarryoverOperations ‐ Equipment/SuppliesPart 1 ‐ Carry Forward CIP CIP ‐ Forestry 200,000       Forestry Zip Boom Truck was not delivered in 2021Operations ‐ Equipment/SuppliesPart 1 ‐ Carry Forward CIP CIP ‐ Streets 200,000       Street Pay loader – CarryoverOperations ‐ Equipment/SuppliesPart 1 ‐ Carry Forward CIP CIP ‐ Library 178,210       Air Handlers will be replaced in 2022 Operations ‐ Project WorkPart 1 ‐ Carry Forward CIP CIP ‐ Park & rec 75,000         2021 Trail Grant Match Operations ‐ Grant MatchPage 1 of 5 Appendix AAmendment Part Fund Department Amount Description/JustificationCategoryPart 1 ‐ Carry Forward CIP CIP ‐ Fire Department 56,000         Breathing Air Compressor was not delivered in 2021Operations ‐ Equipment/SuppliesPart 1 ‐ Carry Forward CIP CIP ‐ Streets 55,000         Side Dump Trailer ‐ CarryoverOperations ‐ Equipment/SuppliesPart 1 ‐ Carry Forward CIP CIP ‐ Park & Rec 50,000         2021 LWCF Match ‐ Dog Park will be built in 2022 Operations ‐ Grant MatchPart 1 ‐ Carry Forward CIP CIP ‐ Park & Rec 40,000         2021 Southbrook Restroom Rehab will be finished in 2022 Operations ‐ Project WorkPart 1 ‐ Carry Forward CIP CIP ‐ Library 34,650         Interior Wallboard repair/patch will be completed in 2022 Operations ‐ Project WorkPart 1 ‐ Carry Forward CIP CIP ‐ Streets 34,000         Crew Cab 4WD ‐ CarryoverOperations ‐ Equipment/SuppliesPart 1 ‐ Carry Forward CIP CIP ‐ Park & Rec 20,097         Larson Ice Center RTU‐2A project wasn’t completed in 2021, will be finalized in 2022Operations ‐ Project WorkPart 1 ‐ Carry Forward CIP CIP ‐ Park & Rec 20,000         Windows Door replacement in AC will be completed in 2022Activity CenterOperations ‐ Project WorkPart 1 ‐ Carry Forward CIP CIP ‐ Park & Rec 19,939         Trail Repair ‐ DNP will be performed in 2022 Operations ‐ Project WorkPart 1 ‐ Carry Forward CIP CIP ‐ Library 5,473           Exterior Doors will be completed in 2022 Operations ‐ Project WorkPart 1 ‐ Carry Forward Overpass Capital Project 3,928,849   Overpass Capital ‐ Project WorkPart 1 ‐ Carry Forward Landfill 975,000       Compactor was not delivered in 2021.  Expected to receive in April 22Operations ‐ Equipment/SuppliesPart 1 ‐ Carry Forward Storm Drainage 854,335        ‐Property owners along Wilson Ave are looking at paving the dirt road.  Drainage work needs to be done with the paving of the street to accommodate runoff.  $180,000 to be carried over for this work. ‐The SDSU joint project with the City was not completed in 2021.  $100,000 to be carried forward for this work. ‐The 5th Avenue drainage project was not started in 2021.  Plan to use with funds allocated in 2022 to design project.  $50,000 ‐Master Drainage plan is still ongoing.  The scope of work also increased including the need for infra‐red LIDAR necessitating $50,000 to be carried forward. ‐Harvey Dunn storm sewer project.  This is a project that came up this past fall that needs to be done to address flooding issues on the street.  $300,000 to be carried forward ‐ Remington/Cardinal neighborhood is scheduled for drainage work in 2022.  The money allocated is insufficient to complete the work.  $174,335 will to be carried forward for this work.Operations ‐ Project WorkPart 1 ‐ Carry Forward Solid Waste Collection 290,652       Collection truck was not delivered in 2021Operations ‐ Equipment/SuppliesPart 1 ‐ Carry Forward Overpass Capital Project 223,824       Overpass Capital ‐ Project WorkPage 2 of 5 Appendix AAmendment Part Fund Department Amount Description/JustificationCategoryPart 1 ‐ Carry Forward Storm Drainage50,000         Master Drainage plan is a multi‐year project and is ongoing necessitating $50,000 to be carried forward. This multi‐year project is being amended to cover the balance from the work started in 2021.Operations ‐ Project WorkPart 1 ‐ Carry Forward Airport45,000         Terminal roof (leaking). This project was not budgeted in 2021 although we had funds to cover the cost due to grants that the city obtained after the budget had been approved. Operations ‐ Project WorkPart 1 ‐ Carry Forward Swiftel Center28,000         Scrubber was not delivered in 2021Operations ‐ Equipment/SuppliesPart 2 ‐ New Items General Fund Non Departmental296,059       Expenditures to mitigate and prevent COVID‐19Operations ‐ COVIDPart 2 ‐ New Items General Fund Larson Ice Arena11,000         Installation of video board donated by BISAOperations ‐ Equipment/SuppliesPart 2 ‐ New Items General Fund City Manager100,000       Inflation contingencyOperations ‐ InflationPart 2 ‐ New Items General Fund Human  Resources65,000         Promote employee professional growth and learning opportunitiesOperations ‐ Employee DevelopmentPart 2 ‐ New Items General Fund Human  Resources44,000         Need additional funds due to open positions in the cityOperations ‐ Recruiting and HiringPart 2 ‐ New Items General Fund Human  Resources41,117         Property and Liability Insurance adjustmentOperations ‐ Risk ManagementPart 2 ‐ New Items General Fund Human  Resources33,250         Risk Management consultant and BKD hotline expenseOperations ‐ Risk ManagementPart 2 ‐ New Items General Fund Police Department28,000         Additional Training focused on areas of leadership, de‐escalation, equity and anti‐bias etc. This specialized training is costly.  Operations ‐ Employee DevelopmentPart 2 ‐ New Items General Fund Larson Ice Arena23,292         Increase in Gas pricesOperations ‐ UtilitiesPart 2 ‐ New Items General Fund City Attorney20,000         Additional litigation expenseOperations ‐ LegalPart 2 ‐ New Items General Fund Park & Rec17,876         Donated for Seasonal StaffPrivate Donation/GrantPart 2 ‐ New Items General Fund Library17,500         Programing due to increase in County fundingOperations ‐ Equipment/SuppliesPart 2 ‐ New Items General Fund Streets15,600         Carryover funds from 2021 to account for a part time office help at 20 hours per week.  Operations ‐ LaborPart 2 ‐ New Items General Fund Police Department12,000         (3)Thermal cameras for patrol vehicles.Operations ‐ Equipment/SuppliesPart 2 ‐ New Items General Fund Streets12,000         Carryover funds to replace a set of loader tires that were ordered in 2021 but not received.Operations ‐ Equipment/SuppliesPart 2 ‐ New Items General Fund Human  Resources10,925         Work Comp adjustmentOperations ‐ Risk ManagementPart 2 ‐ New Items General Fund City Manager10,000         LT strategic PlanningOperations ‐ Employee DevelopmentPage 3 of 5 Appendix AAmendment Part Fund Department Amount Description/JustificationCategoryPart 2 ‐ New Items General Fund Streets 10,000         Carryover funds to account for cutting edges that we didn’t receive before yearend and also account for increase in price because of steel costs.Operations ‐ Equipment/SuppliesPart 2 ‐ New Items General Fund Streets 9,000           (1‐2) CDL Licenses for employeesOperations ‐ Equipment/SuppliesPart 2 ‐ New Items General Fund Finance 8,160           Temp assistance for scanning and other clerical activities as we took work from LandfillOperations ‐ LaborPart 2 ‐ New Items General Fund Police Department 8,000           Additional supply of less lethal munitions and chemical munitionsOperations ‐ Equipment/SuppliesPart 2 ‐ New Items General Fund City Manager 6,000           Printing of community street light banners project the project was not completed or quoted prior to the 2022 budget. Operations ‐ Marketing InitiativesPart 2 ‐ New Items General Fund Finance 6,000           Summer Intern Operations ‐ LaborPart 2 ‐ New Items General Fund City Council 5,000           iPad (7) for City CouncilOperations ‐ Equipment/SuppliesPart 2 ‐ New Items General Fund IT 5,000           Build a Storage/Staging Area Operations ‐ Equipment/SuppliesPart 2 ‐ New Items General Fund Streets 5,000           Carryover funds to expand oil tank capacity because of the increase in servicing Solid Waste equipment.Operations ‐ Equipment/SuppliesPart 2 ‐ New Items General Fund Appropriations/Subsidies 4,500           Farmer's Market Subsidy SubsidiesPart 2 ‐ New Items General Fund Forestry 4,500           Training/Testing for a Commercial Driver’s License is scheduled to increase 10x in 2022Operations ‐ Equipment/SuppliesPart 2 ‐ New Items General Fund Recreation Department 3,397           Increase in Gas prices Operations ‐ UtilitiesPart 2 ‐ New Items General Fund City Clerk 3,170           Increase budget in order to accommodate 2 Clerk staff to attend education/training events. Operations ‐ Employee DevelopmentPart 2 ‐ New Items General Fund Library 3,000           ALA Grant Private Donation/GrantPart 2 ‐ New Items General Fund General Buildings 2,880           Water & Ice Makers (3)Operations ‐ Equipment/SuppliesPart 2 ‐ New Items General Fund Police Department 2,564           Increase in Gas prices Operations ‐ UtilitiesPart 2 ‐ New Items General Fund Library 2,500           Grant from Dollar General Association Private Donation/GrantPart 2 ‐ New Items General Fund Streets 2,500           Carryover funds to account for the addition of the Hybrid in the motor pool.Operations ‐ Equipment/SuppliesPart 2 ‐ New Items General Fund Library 2,174           Increase in Gas prices Operations ‐ UtilitiesPart 2 ‐ New Items General Fund Fire Department 1,913           Increase in Gas prices Operations ‐ UtilitiesPart 2 ‐ New Items General Fund Aquatics Center 1,676           Increase in Gas prices Operations ‐ UtilitiesPart 2 ‐ New Items General Fund Human  Resources 1,000           To fund the Employee Advisory Group funds for employee focused projects within the city. Operations ‐ Employee DevelopmentPart 2 ‐ New Items General Fund City Clerk 846               Increase budget in order to accommodate 2 Clerk staff to attend education/training events. Operations ‐ Employee DevelopmentPage 4 of 5 Appendix AAmendment Part Fund Department Amount Description/JustificationCategoryPart 2 ‐ New Items CIP ‐ Park & Rec 50,000         LWCF Grant Match Funds (2022 Application) Grant MatchingPart 2 ‐ New Items CIP ‐ Park & Rec 32,124         Donation received for Bobcat attachment Private Donation/GrantPart 2 ‐ New Items Golf Course 3,500           Clubhouse Repairs MaintenancePart 2 ‐ New Items Library Donations Fund 49,000         Larson Family Grant Private Donation/GrantPart 2 ‐ New Items Golf Course 1,118           Increase in Gas prices Operations ‐ UtilitiesPart 2 ‐ New Items CIP ‐ Police Department 25,000         PD equipment‐ Optics sighting systems for the budgeted replacement handguns Operations ‐ Equipment/SuppliesPart 2 ‐ New Items Other non GF Human  Resources 772               Work Comp adjustment Operations ‐ Risk ManagementPart 2 ‐ New Items Other non GF Human  Resources (8,507)          Property and Liability Insurance adjustment Operations ‐ Risk ManagementPart 2 ‐ New Items CIP ‐ Streets 30,000         Street Pay loaderOperations ‐ Equipment/SuppliesPart 2 ‐ New Items CIP ‐ Streets 6,000           Crew Cab 4WDOperations ‐ Equipment/SuppliesPart 2 ‐ New Items CIP ‐ Streets 45,000         Street Motor graderOperations ‐ Equipment/SuppliesPart 2 ‐ New Items CIP ‐ Streets 8,000           Pick up 4WDOperations ‐ Equipment/SuppliesPart 2 ‐ New Items CIP ‐ Streets 30,000         Sign Truck, Traffic SafetyOperations ‐ Equipment/SuppliesPart 2 ‐ New Items CIP ‐ Park & Rec 20,061         Trail Repair ‐ DNP will be performed in 2022 Operations ‐ Project WorkPart 2 ‐ Reserve Funded Liquor Store 1,000           Increase in Gas prices Operations ‐ UtilitiesPart 2 ‐ Reserve Funded Liquor Store 2,642           Property and Liability Insurance adjustment Operations ‐ Risk ManagementPart 2 ‐ Reserve Funded General Fund Community Development 20,000         Assistance in the exploration of opportunities for Marketplace DevelopmentEconomic DevelopmentPart 2 ‐ Reserve Funded Landfill 74,000         Compactor Warranty and Service PackageOperations ‐ Equipment/SuppliesPart 2 ‐ Reserve Funded Landfill 98,000         Leachate VaultOperations ‐ Equipment/SuppliesPart 2 ‐ Reserve Funded Swiftel Center 41,000         Market assessment for facility upgrade opportunity Operations ‐ Feasibility StudyPart 2 ‐ Reserve Funded General Fund Subsidies 25,000         Increase funding for mental health agencies SubsidiesPage 5 of 5