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HomeMy WebLinkAbout2022_04_19 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, April 19, 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 ELECTION CANVASS ID 22-0155 Canvass of Election Results for the April 12, 2022 Combined Brookings Municipal / School Board Election. Election Canvass Vote Center 1 - Scanner Report Vote Center 1 - Recap Sheet Vote Center 2 - Scanner Report Vote Center 2 - Recap Sheet Vote Center 3 - Scanner Report Vote Center 3 - Recap Sheet Vote Center 4 - Scanner Report Vote Center 4 - Recap Sheet Absentee Vote Center - Scanner Report Absentee Vote Center - Recap Sheet Grand Total - Scanner Report Attachments: 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. Page 1 City of Brookings April 19, 2022City Council Meeting Agenda - Final 3. Action to approve the agenda. 4. 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. 5. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion. 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. 5.A.ID 22-0146 Action to approve City Council minutes. 3/22/2022 Minutes 3/23/2022 Board of Equalization Minutes 3/31/2022 Minutes Attachments: 5.B.RES 22-028 Action on Resolution 22-028, a Resolution Canvassing the April 12, 2022 Combined Brookings Municipal / School Board Election. Resolution Vote Center 1 - Scanner Report Vote Center 1 - Recap Sheet Vote Center 2 - Scanner Report Vote Center 2 - Recap Sheet Vote Center 3 - Scanner Report Vote Center 3 - Recap Sheet Vote Center 4 - Scanner Report Vote Center 4 - Recap Sheet Absentee Vote Center - Scanner Report Absentee Vote Center - Recap Sheet Grand Total - Scanner Report Attachments: 5.C.RES 22-027 Action on Resolution 22-027, a Resolution declaring surplus property for the City of Brookings. ResolutionAttachments: 5.D.ID 22-0169 Action on Volunteer Board, Committee, and Commission appointments. Page 2 City of Brookings April 19, 2022City Council Meeting Agenda - Final 6. Presentations/Reports: 6.A. SDSU Student Association Report. 6.B.ID 22-0168 Recognition of National Volunteer Week April 18-22, 2022. Thank YouAttachments: 7. Contracts/Change Orders: 7.A.RES 22-025 Action on Resolution 22-025, a Resolution Awarding Bids on 2022-06STI Chip Seal Project. Memo Resolution Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7.B.RES 22-029 Action on Resolution 22-029, a Resolution Authorizing the City Manager to Retain a Construction Manager-At-Risk (CMAR) for the Renovation or Replacement of the Brookings Public Safety Facility. Memo Resolution Resolution 21-113 Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7.C.RES 22-030 Action on Resolution 22-030, a Resolution Authorizing the City Manager to Retain the Firms of JLG Architects and Roth Sheppard Architects, working together, on the Renovation or Replacement of the Brookings Public Safety Facility. Memo Resolution Resolution 21-113 Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 8. Ordinance First Readings: 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. 8.A.ORD 22-013 Introduction and First Reading on Ordinance 22-013, an Ordinance Authorizing Budget Amendment No. 4 to the 2022 Budget. Second Reading and Action: April 26, 2022. Page 3 City of Brookings April 19, 2022City Council Meeting Agenda - Final Memo Ordinance Attachments: 8.B.ORD 22-014 Introduction and First Reading on Ordinance 22-014, an Ordinance to Rezone the South 545 feet of the North 1,053.7 feet of the East 467 feet of the West 500 feet, excluding Lot H1, of the Southeast Quarter in Section 35, Township 110, Range 50 from Business B-2A Office District to Residence R-2 Two-Family District. Public Hearing and Action: April 26, 2022. Memo Ordinance Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Location Map Zoning Map Future Land Use Map Petition to Rezone Rezoning Exhibit Attachments: 8.C.ORD 22-015 Introduction and First Reading on Ordinance 22-015, an Ordinance to Permit by Conditional Use (townhouses) on the South 545 feet of the North 1,053.7 feet of the East 467 feet of the West 500 feet, excluding Lot H1, of the Southeast Quarter in Section 35, Township 110, Range 50. Public Hearing and Action: April 26, 2022. Memo Ordinance Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Location Map Conditional Use Permit Application Site Plan Building Elevations Attachments: 8.D.ORD 22-016 Introduction and First Reading on Ordinance 22-016, an Ordinance to Permit by Conditional Use a Major Home Occupation (hair salon) on Lot 18, Block 4 of Moriarty Edgebrook Addition, also known as 1636 Doral Drive. Public Hearing and Action: April 26, 2022. Page 4 City of Brookings April 19, 2022City Council Meeting Agenda - Final Memo Ordinance Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Location Map Conditional Use Permit Application Major Home Occupation Checklist Attachments: 9. Public Hearings and Second Readings: 9.A.ORD 22-011 Second Reading and Action on Ordinance 22-011, an Ordinance Authorizing Budget Amendment No. 3 to the 2022 Budget. Memo Ordinance Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 3/22/22 City Council read into the record 10. Other Business: None 11. 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. 12. 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 5 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 22-0155,Version:1 Canvass of Election Results for the April 12, 2022 Combined Brookings Municipal / School Board Election. Summary: The Brookings City Council will conduct the official canvass of the April 12, 2022 Combined Brookings Municipal / School Board Election. Enclosed are the canvassing documents for the April 12, 2022 City Council Member Election. As the official Election Canvass Board, the City Council is charged with the following responsibilities: 1.Review the vote center returns to verify they are genuine and not forged. 2.Review and compare each Vote Center Recap Sheet with the corresponding Scanner Report 3.Approve the canvassing and tabulating of the April 12, 2022 Combined Brookings Municipal / School Board Election returns and declare the final election results. 4.Sign and approve the official Canvass Sheet. Attachments: Canvass Sheet Vote Center 1 - Scanner Report Vote Center 1 - Recap Sheet Vote Center 2 - Scanner Report Vote Center 2 - Recap Sheet Vote Center 3 - Scanner Report Vote Center 3 - Recap Sheet Vote Center 4 - Scanner Report Vote Center 4 - Recap Sheet Vote Center Absentee - Scanner Report Vote Center Absentee - Recap Sheet Grand Total - Scanner Report City of Brookings Printed on 4/14/2022Page 1 of 1 powered by Legistar™ Official Canvass April 12, 2022 – Municipal Election City of Brookings, South Dakota STATE OF SOUTH DAKOTA ) ) SS COUNTY OF BROOKINGS ) We, Oepke Niemeyer, Joey Collins, Patty Bacon, Wayne Avery, Leah Brink, Holly Tilton Byrne, and Nick Wendell appointed as the Board of Canvassers because of our positions on the governing board in the jurisdiction of the City of Brookings for the Municipal Election held on the 12th day of April, 2022, hereby certify that the foregoing is a true abstract of the vote s cast in the jurisdiction of Brookings at the election as shown by the returns certified to the person in charge of the election. (*Note: 405 School-only ballots were cast in this election.) City Council 3-Year Term (2) Bonny Specker Holly Tilton Byrne Leah Brink Total Votes Cast Total Ballots Cast Vote Center 1 276 333 319 928 649 Vote Center 2 395 441 513 1,349 954 Vote Center 3 124 124 151 399 334 Vote Center 4 4 2 3 9 174 Absentee 631 648 395 1,674 1,088 Provisional Ballot 0 0 0 0 0 TOTAL 1,430 1,548 1,381 4,359 3,199 City Council 2-Year Term (1) Jeremiah Nelson Wayne Avery Total Votes Cast Total Ballots Cast Vote Center 1 143 388 531 649 Vote Center 2 260 522 782 954 Vote Center 3 87 149 236 334 Vote Center 4 3 3 6 174 Absentee 207 743 950 1,088 Provisional Ballot 0 0 0 0 TOTAL 700 1,805 2,505 3,199 City Council 1-Year Term (1) Andrew Rasmussen Brianna Doran Total Votes Cast Total Ballots Cast Vote Center 1 254 290 544 649 Vote Center 2 502 323 825 954 Vote Center 3 134 116 250 334 Vote Center 4 3 5 8 174 Absentee 377 545 922 1,088 Provisional Ballot 0 0 0 0 TOTAL 1,270 1,279 2,549 3,199 Dated at Brookings, South Dakota, this 19th day of April, 2022. Oepke G. Niemeyer Leah Brink Holly Tilton Byrne Joey Collins Patty Bacon Wayne Avery Nick Wendell Sworn to before me this 19th day of April, 2022. Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0146,Version:1 Action to approve City Council minutes. Attachments: 03/22/2022 City Council Minutes 03/23/2022 Board of Equalization Minutes 03/31/2022 City Council Minutes City of Brookings Printed on 4/14/2022Page 1 of 1 powered by Legistar™ Brookings City Council March 22, 2022 (unapproved) The Brookings City Council held a meeting on Tuesday, March 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, Joey Collins, and Wayne Avery. 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 Brink, seconded by Council Member Tilton Byrne, that the agenda be approved. The motion carried by the following vote: Yes: 7 – Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Open Forum. Lawrence Novotony, member of the Human Rights Commission, invited the City Council and public to attend the Diversity Potluck to be held on Sunday, April 3rd from 5:00 pm - 7:00 pm at the McCrory Gardens Educational Visitors Center. Consent Agenda. A motion was made by Council Member Wendell, seconded by Council Member Brink, that the consent agenda be approved. The motion carried by the following vote: Yes: 7 – Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. A. Action to approve the March 8, 2022 City Council Minutes. B. Action on Resolution 22-026, a Resolution in support of a Recreational Trails Fund Grant Application. Resolution 22-026 - Resolution in Support of a Recreational Trails Fund Grant Application Whereas, the United States of America and the State of South Dakota have authorized the making of grants from the Recreational Trails Fund (RTF) to public bodies to aid in financing the acquisition and/or construction of specific public trail projects; and Whereas, 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 Whereas, the City of Brookings shall provide a minimum of 20% of the total cost of the project; and will assume all responsibility in the operation and maintenance of the project upon completion of construction, for the reasonable life expectancy of the trail; and Now, Therefore, Be It Resolved 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 RTF grant to aid in financing the replacement of the damaged asphalt trail sections at the Dakota Nature Park for the City of Brookings, South Da kota and its Environs. 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. Proclamation. Mayor Niemeyer presented a Proclamation to Nikki Eining, a member of the Brookings County Child Protection Team, recognizing April as Child Abuse Prevention Month. Mayoral Proclamation Whereas, child abuse is a serious, significant issue in South Dakota; and Whereas, one in four women and one in six men were sexually abused before the age of 18; and Whereas, children are vital to our future success, prosperity, and quality of life as well as being our most vulnerable assets; and Whereas, all children deserve to have the safe, stable, nurturing homes and communities they need to foster their healthy growth and development; and Whereas, child abuse and neglect is a community responsibility affecting both the current and future quality of life of a community; and Whereas, parents provided with the social support, knowledge of parenting and child development and concrete resources they need to cope with stress and nurture their children ensure children grow to their full potential; and Whereas, effective child abuse prevention strategies succeed because of partnerships among citizens, human service and law enforcement agencies, schools, faith and civic organizations, health care providers, and businesses. Now, Therefore, Be It Resolved, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim April as Child Abuse Prevention Month and call upon all citizens to increase their participation in efforts to support. Proclamation. Mayor Niemeyer presented a Proclamation to Allison Schmitt, Volunteer Helpline Specialist for the 211 Helpline Center, recognizing National Volunteer Appreciation Week. Mayoral Proclamation Whereas, community members can effect positive change with any action no matter how big or small; and Whereas, volunteers utilize their time and talent daily to make a real difference in the lives of children, adults, and the elderly; and Whereas, the Helpline Center plays a crucial role organizing community wide response efforts by dispatching volunteers; and Whereas, government by itself cannot solve all of our nation’s social problems; and Whereas, the giving of one’s self and service to another empowers the giver and the recipient; and Whereas, those who step up and volunteer are a great treasure. Now, Therefore, Be It Resolved, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim April 17 through April 23, 2022 as National Volunteer Week and urge all citizens to continue volunteering or to call the Helpline Center at 211 to find a service opportunity. Proclamation. Mayor Niemeyer presented a Proclamation to Brianna Doran and Mark Sternhagen, members of the Brookings Disability Awareness Committee, recognizing March as Developmental Disabilities Awareness Month. Mayoral Proclamation Whereas, developmental disabilities are often present as early as birth in those impacted, and endure across the lifespan of a person; and Whereas, disability is a natural part of the human experience that does not diminish the right of individuals to enjoy self -determination and experience full inclusion; and Whereas, family, friends, and the community can play an important role in enhancing the lives of individuals with disabilities, especially when provided with necessary services and supports; and Whereas, the goals of our community include providing individuals with disabilities the opportunities and support to achieve full integration in society, in an individualized manner, consistent with unique strengths, resources, priorities, concerns, abilities, and capabilities of each individual; and Whereas, through increased awareness of programs and activities, the public will better understand the potential and needs of individuals with disabilities. Now, Therefore, Be It Resolved that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim March 2022, as Developmental Disabilities Awareness Month. Presentation. Members of the Brookings Police Department Foundation presented a check to the City of Brookings for the purchase of a drone, and the cost of training, for the Brookings Police Department. Brookings Police Department Foundation members: Director Julie Erickson, President Heidi Madsen, Recorder Steve Timmerman, Treasurer Bonnie Foster, Jeff West, Abby Ryan, Jay Hotchkiss, Yvette Campbell, Chief David Erickson, and Officer Keith Thoroux. Resolution 22-019. A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, that Resolution 22-019, a Resolution Awarding Bids on 2022- 07STI Freight On Board Asphalt Material, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Resolution 22-019 - Resolution Awarding Bids on Project 2022-07STI Freight on Board Asphalt Material Whereas, the City of Brookings opened bids for Project 2022-07STI Freight On Board Asphalt Material on Tuesday, March 8, 2022 at 1:30 pm at the Brookings City and County Government Center; and Whereas, the City of Brookings has received the following bid: Bowes Construction Co., Inc. in the amount of $88,850.00. Now, Therefore, Be It Resolved that the total low bid of $88,850.00 for Bowes Construction Co., Inc., Brookings, SD be accepted. FIRST READING – Ordinance 22-011. An introduction and first reading was held on Ordinance 22-011, an Ordinance Authorizing Budget Amendment No. 3 to the 2022 Budget. Second Reading: April 19, 2022. Commercial Corridor Design Review Overlay District Site Plan. A public hearing was held on a Commercial Corridor Design Review Overlay District Site Plan on Lot 1 in Block 2 of Reserve Fourth Addition also known as 1927 Christine Avenue. A motion was made by Council Member Wendell, seconded by Council Member Collins, that the Site Plan be approved. Public Comment: Kyle Rausch. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. On-Off Malt License – transfer. A public hearing was held on a request to transfer an On-Off Sale Malt License for the Sully’s Irish Pub from B&L Sullivan, Inc., to 3 Guys LLC, 421 Main Avenue. Legal description: Lot 11, Block 6, Original Plat Addition A motion was made by Council Member Brink, seconded by Council Member Wendell, that the On-Off Sale Malt License transfer be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Resolution 22-024. A public hearing was held on Resolution 22 -024, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On -Sale Liquor Operating Agreement for 3 Guys LLC, dba Sully’s Irish Pub, Brett Gomes, Shawn Nordbye, and Robert Sundet, owners, 421 Main Avenue. Legal description: Lot 11, Block 6, Original Plat Addition. A motion was made by Council Member Brink, seconded by Council Member Collins, that Resolution 22-024 be approved. Public Comment: Patty Dexter. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Resolution 22-024 - 3 Guys LLC, dba Sully’s Irish Pub On-Sale Liquor Operating Agreement Now, Therefore, Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement for Liquor between the City of Brookings and 3 Guys LLC, dba Sully’s Irish Pub, Brett Gomes, Shawn Nordbye, and Robert Sundet, owner2, 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 421 Main Avenue. Legal description: Lot 11, Block 6 , Original Plat Addition. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years and renewal for another five (5) years. Resolution 22-023. A motion was made by Council Member Brink, seconded by Council Member Collins, that Resolution 22-023, a Resolution Amending the Building Permit Fees for Public Projects, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Resolution 22-023 - A Resolution Amending the Building Permit Fees for Public Projects Whereas, the City of Brookings, Brookings County, and the Brookings School District undertake building projects to construct new and maintain existing public facilities which serve the residents of the City and County of Brookings; and Whereas, the City of Brookings can assist these projects by reducing building and permit fees, thereby reducing project costs. Now, Therefore, Be It Resolved that the Building Permit Fees and Moving Fees be waived for City of Brookings, Brookings County, and Brookings School District projects and facilities. Adjourn. A motion was made by Council Member Brink, seconded by Council Member Wendell, that the meeting be adjourned at 6:45 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ Oepke G. Niemeyer, Mayor ATTEST: __________________________ Bonnie Foster, City Clerk Brookings City Council March 31, April 1-2, 2022 The Brookings City Council held a special retreat on March 31, April 1-2, 2022 at the Swiftel Center with the following City Council members present: Mayor Oepke Niemeyer, Council Members Leah Brink, Patty Bacon, Nick Wendell, Holly Tilton Byrne, Joey Collins, and Wayne Avery. City Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster were also present. 2018-2023 Strategic Plan. The City Council received updates from the City’s Volunteer Boards, Committees, and Commissions, and held discussion on the City’s Housing Study results, future Brookings Development, Flood Prone Development, the City’s Budget and Capital Improvement Plan, and the City’s Strategic Plan. No action was taken. Retreat was adjourned at 11:56 a.m. on Saturday, April 2, 2022. CITY OF BROOKINGS Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 22-028,Version:1 Action on Resolution 22-028, a Resolution Canvassing the April 12, 2022 Combined Brookings Municipal / School Board Election. Summary: This Resolution will approve the April 12, 2022 Combined Brookings Municipal / School Board Election returns and declare the final election results. Attachments: Resolution Vote Center 1 - Scanner Report Vote Center 1 - Recap Sheet Vote Center 2 - Scanner Report Vote Center 2 - Recap Sheet Vote Center 3 - Scanner Report Vote Center 3 - Recap Sheet Vote Center 4 - Scanner Report Vote Center 4 - Recap Sheet Vote Center Absentee - Scanner Report Vote Center Absentee - Recap Sheet Grand Total - Scanner Report City of Brookings Printed on 4/14/2022Page 1 of 1 powered by Legistar™ Resolution 22-028 Canvassing the April 12, 2022 Municipal Election Whereas, on the 12th day of April, 2022, there was held in the City of Brookings, South Dakota, an election for the purpose of electing two (2) 3-year term Council Members, one (1) 2-year term Council Member, and one (1) 1-year Council Member; and Whereas, the judges and clerks of said election have returned to the City Council of the City of Brookings the official results for the purpose of the Official Canvass; and Whereas, the City Council on April 19, 2022 has canvassed the results for the purpose of determining the official election outcome; and Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South Dakota that the official vote at the City Election held April 12, 2022 was as follows: City Council 3-Year Term (2) Bonny Specker Holly Tilton Byrne Leah Brink Total Votes Cast Total Ballots Cast Vote Center 1 276 333 319 928 649 Vote Center 2 395 441 513 1,349 954 Vote Center 3 124 124 151 399 334 Vote Center 4 4 2 3 9 174 Absentee 631 648 395 1,674 1,088 Provisional Ballot 0 0 0 0 0 TOTAL 1,430 1,548 1,381 4,359 3,199 City Council 2-Year Term (1) Jeremiah Nelson Wayne Avery Total Votes Cast Total Ballots Cast Vote Center 1 143 388 531 649 Vote Center 2 260 522 782 954 Vote Center 3 87 149 236 334 Vote Center 4 3 3 6 174 Absentee 207 743 950 1,088 Provisional Ballot 0 0 0 0 TOTAL 700 1,805 2,505 3,199 (*Note: 405 School-only ballots were cast in this election.) Dated at Brookings, South Dakota, this 19th day of April, 2022. CITY OF BROOKINGS ATTEST: Oepke G. Niemeyer, Mayor Bonnie Foster, City Clerk City Council 1-Year Term (1) Andrew Rasmussen Brianna Doran Total Votes Cast Total Ballots Cast Vote Center 1 254 290 544 649 Vote Center 2 502 323 825 954 Vote Center 3 134 116 250 334 Vote Center 4 3 5 8 174 Absentee 377 545 922 1,088 Provisional Ballot 0 0 0 0 TOTAL 1,270 1,279 2,549 3,199 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 22-027,Version:1 Action on Resolution 22-027, 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 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 4/14/2022Page 1 of 1 powered by Legistar™ Resolution 22-027 Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Police Dept.: Firearms: Glock 17, Serial #BAAE496; Glock 17, Serial #BACN708; Block 17, Serial #BACN712; Glock 17, Serial #BBHM997; Glock 17, Serial #BBHM998; Glock 17, Serial #BEAG351; Glock 17, Serial #BEAG352; Glock 17, Serial #BEAG353; Glock 17, Serial #BERC686; Glock 17, Serial #BERC687; Glock 17, Serial #WSS501; Glock 17, Serial #WSS503; Glock 17, Serial #WSS505; Glock 17, Serial #WSS506; Glock 17, Serial #WSS508; Glock 17, Serial #WSS509; Glock 17, Serial #WSS510; Glock 17, Serial #WSS511; Glock 17, Serial #WSS512; Glock 17, Serial #WSS514; Glock 17, Serial #WSS515; Glock 17, Serial #WSS516; Glock 17, Serial #WSS517; Glock 17, Serial #WSS518; Glock 17, Serial #WSS519; Glock 17, Serial #WSS520; Glock 17, Serial #WSS521; Glock 17, Serial #WSS522; Glock 17, Serial #WSS523; Glock 17, Serial #WSS524; Glock 17, Serial #WSS525; Glock 17, Serial #WSS526; Glock 17, Serial #WSS527; Glock 17, Serial #WSS528; Glock 17, Serial #WSS529; Glock 17, Serial #WSS530; Glock 17, Serial #WSS531; Glock 17, Serial #WSS532; Glock 17, Serial #BGTX517; Glock 17, Serial #BGTX518; Glock 17, Serial #GMWW138; Glock 17, Serial #BMWW139; Glock 17, Serial #BPKN877; Glock 19, Serial #BGVU419; Glock 26, Serial #BCSY983; Glock 26, Serial #WUG480; Clock 26, Serial #WUG481; Glock 26, Serial #WUG483; Glock 26, Serial #WUG484; Glock 26, Serial #XPV957; Sig Sauer P320 XCarry Pro, Serial #58J296943. Holsters: (obsolete and damaged) 48 glock holsters; 15 pistol holsters; 15 taser holsters; 15 flashlight holsters. Handgun Lights TLR-1/1S/1C: 18 (obsolete and damaged) Serial Numbers: 04656 0311, 046213 0311, C4-390569 0813, C4-390526 0813, C4-39602 0813, C4-390533 0813, 242368 0816, 255836 0317, 046189 0311, 255889 0317, C4 -390352 0813, 255872 0317, 255856 0317. Flashlights: 18 (old, obsolete, and damaged) Serial Numbers: 446272, 451862, 1313317, 1749503, 764582, 447349, 447361, 447437, 451959, 446253, 1173407, 451871, 446262, 447436, C4-167360, C4-167415, C4-223778, A15798. Flashlight Chargers: 13 (obsolete and damaged). Radios: 27 (obsolete and damaged) Serial Numbers: 672HFP2796, 672HFP2784, 672TJA0985, 672HFP2800, 672HFP2615, 672HFP2714, 672HFP2799, 672HFP2797, 672TJA0991, 672HFP2789, 672HFP2807, 672HFP2804, 672TJA0990, 672HFP2783, 672TSA1243, 672TLJU494, 672HFP2798, 672HFP2647, 6 72TJA0989, 672HFP2793, 672TLJU501, 018TFS7988, 018TFS7704, 018TMJ1110, 018TKJH747, 422HCW4398, 0278MU1481. Radio Charge Base and Cords: 33 (old, obsolete, and damaged) Loose Radio Batteries: 7 (old and obsolete) Loose Radio Microphones: 11 (old, obsolete, and damaged); Loose Radio Antennas: 4 (old, obsolete, and damaged) Car Radios: XTL2500 CAR RADIO SN: 518CHF0503 (NOT IN SQ); XLT2500 CAR RADIO SN: 518CHD0014 (NOT IN SQ); XLT2500 CAR RADIO SN: 518CHD0010 (NOT IN SQ); XLT2500 CAR RADIO SN: 518CHD0015 (NOT IN SQ); COBAN FUSION CAMERA SYSTEM SN: 21001803 (IN SQ); COBAN FUSION CAMERA SYSTEM SN: 21001778 (IN SQ); COBAN WIFI MODUAL SN: 22000187 (IN SQ); COBAN WIFI MODUAL SN: 22000125 (IN SQ). Brookings Municipal Liquor Store: Point of Sale Systems X3. 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 19th day of April, 2022. CITY OF BROOKINGS ____________________________ ATTEST: Oepke G. Niemeyer, Mayor ___________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0169,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: Airport Board Number of positions:1 Term Length:5 years Residency Requirement:Residency is required for the majority of the board. Purpose: The Airport Board provides recommendations to Airport staff, City Manager, and City Council on matters related to airport operations, capital improvements, and overall care for the Brookings Regional Airport. Mayor’s Recommendation: 1.Lynn Riedesel Brookings Disability Awareness Committee Number of positions:1 -College Student Representative Term Length:1 year Residency Requirement:Not required. 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.Nusrat M Qurashi (Emma) Historic Preservation Commission Number of positions:1 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: City of Brookings Printed on 4/14/2022Page 1 of 3 powered by Legistar™ File #:ID 22-0169,Version:1 1)Nathaniel Condelli Human Rights Commission Number of positions:1 - College Student Representative Term Length:1 Year for College Student Representative Residency Requirement:Not required Purpose: The Human Rights Commission has the power to investigate alleging discrimination. Other programs include: ·The study of the existence, character, causes and extent of discrimination in employment, housing and public accommodations, property rights, education and public services. ·Advise and provide a forum for those subjected to unfair and discriminatory practices in the City and County. ·Advise City officials concerning issues of discrimination. ·Conducting educational programs and disseminates information to further the commission’s policy to eliminate discrimination in the city. Mayor’s Recommendation: 1)Nusrat M Qurashi (Emma) Park & Recreation Board Number of positions:5 (3 full-members,1 High School Student;1 College Student) Term Length:3 years (1 year for High School and College Student) Residency Requirement:Not Required Purpose: The Park & Recreation Board provides advice to the Director of Parks, Recreation and Forestry to assist in fulfilling the administering of the public park system, recreation programs and city forestry program. The Board also advises the City Council and makes recommendations on matters regarding park capital improvements and planning. Mayor’s Recommendation: 1)Ashley Ragsdale 2)Erika Saunders 3)John Maynes 4)Isaac Schulte (High School Student) 5)Lindsay Borer (SDSU Student) Sustainability Council Number of positions:2 (1 College Student Representative) Term Length:3 years (1 year for College Student) 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)Anthony Shanks 2)Kiley Rath 3)Gabrielle Bolwerk (College Student Position) City of Brookings Printed on 4/14/2022Page 2 of 3 powered by Legistar™ File #:ID 22-0169,Version:1 Utility Board Number of positions:1 Term Length:5 years Residency Requirement:Required (Resident and Land Owner) Purpose: The Utility Board is an administrative body responsible for the management and control of the electric, water, wastewater and telephone utilities of the City of Brookings. Mayor’s Recommendation: 1)Doug Carruthers Recommendation: Staff recommends approval. City of Brookings Printed on 4/14/2022Page 3 of 3 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 22-0168,Version:1 Recognition of National Volunteer Week April 18-22, 2022. Summary: Mayor Niemeyer will recognize the contributions made by volunteers to the City and Brookings community. Attachments: Thank You City of Brookings Printed on 4/14/2022Page 1 of 1 powered by Legistar™ MAYORAL THANK YOU City of Brookings, South Dakota WHEREAS, the City Council and staff of the City of Brookings want to recognize the contributions made by volunteers to the City and the community; and WHEREAS, our volunteers work daily to better the City of Brookings. The dedication and commitment they devote to their positions is truly genuine, and passionate about the success of our community; and WHEREAS, a City cannot solve its problems alone. That it is through partnership with volunteers, combined with their continued efforts, which allow the City to make a difference. They are a large part of what makes the City of Brookings a great place to live; and WHEREAS, our volunteer boards, committees, and commissions, our volunteer Fire Fighters, our Reserve Police Officers, and our volunteer Library staff are constantly working towards improving the City, for those who currently live here and for future residents, as well as visitors to the City of Brookings; and WHEREAS, through the dedication of City volunteers, we are able to expand our possibilities, accomplish goals that might else have been unattainable, all while growing together as a community; and WHEREAS, volunteers are true partners with the City, united in their efforts, with sincere concern for the well-being of our community, they seek to make the City safer and stronger; and WHEREAS, our volunteers are vital to the sustainability of the City and are truly the heartbeat of our community. THEREFORE, during this National Volunteer Week, April 18-22, 2022, we want to say “Thank You” to those who help support City Departments by serving on the boards, committees, and commissions for your continued direction, selfless dedication and tireless support. 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 22-025,Version:1 Action on Resolution 22-025, a Resolution Awarding Bids on 2022-06STI Chip Seal Project. Summary: The City held a bid letting on Tuesday, March 29, 2022 for the 2022-06STI Chip Seal Project and three bids were submitted: TopKote Inc.:$397,637.78 The Road Guy Construction Co:$480,330.00 Bituminous Paving Inc.:$485,552.50 The low bid from TopKote Inc. was approximately 15% higher than the Engineer’s Estimate of $343,766.00 and city staff will adjust remaining street projects to account for the additional cost. This resolution will award the chip seal project to TopKote, Inc. for the low bid amount of $397,637.78. Recommendation: Staff recommends approval. Attachments: Memo Resolution Map City of Brookings Printed on 4/14/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Charlie Richter, City Engineer Council Meeting: April 19, 2022 Subject: Bid Award: 2022-06STI Chip Seal Project Person(s) Responsible: Charlie Richter, City Engineer Summary: This resolution will approve awarding the 2022-06 Chip Seal Project to Topkote, Inc., for the low bid of $397,637.78. Background: This project is the chip seal project for the 2022 Project Area, which is shown on the attached map. This is an annual project, where the contractor applies oil and city- purchased quartzite chips to the streets. The City then sweeps up the excess chips afterward for re-use or sale. Epoxy pavement marking was also included to the project to paint the pavement marking on several collector and arterial streets after the chip seal is applied. The City received the following bids for the 202 2-06 Chip Seal Project: TopKote Inc. – Yankton, SD: $397,637.78 The Road Guy Construction Co. – Yankton, SD: $480,330.00 Bituminous Paving Inc. – Ortonville, MN: $485,552.50 The bids were competitive this year. The low bid of $397,637.78 was approximately 15% higher than the engineer’s estimate of $343,766.00. The increase in cost was due to quartzite chip application prices being higher than expected. After speaking with the contractors, we determined the increased price was attributed mostly to fuel, oil, and labor price increases and the uncertainty of future prices. Item Details: The streets to be chip sealed are in a seven-year rotation and are due for the seal coat this year. This year’s section can be seen on the attached map. Brookings Municipal Utilities has also paired with our project to complete a chip seal of some of their parking lots. The total for this work will be paid by BMU and amounts to $44,781.68 of the contract total leaving the City responsible for the remaining $352,856.10. Legal Consideration: None. Strategic Plan Consideration: The chip seal program furthers the accomplishment of City Council Strategic Initiatives of Stormwater through improved water quality and Maintaining Facilities with a Sustainable Plan. The project will use quartzite rock, which is cleaner and less susceptible to breaking down and creating sediment that would end up in downstream water bodies. In addition, the streets that are maintained through the chip sealing process will be less susceptible to infiltration of moisture through the pavement. This will in turn increase the life span of these roads and will likely reduce the number of streets that need a full reconstruction in the future. The chip seal rotation plan allows for sustainable maintenance of the asphalt street network. Financial Consideration: The City will enter into contract with Topkote, Inc., for a cost of $397,637.78. The project is over the estimated amount and city staff will prioritize funds within the entire street maintenance budget to cover the overages for chip seal. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a work session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Map Resolution 22-025 Resolution Awarding Bids on the 2022-06STI Chip Seal Project Whereas, the City of Brookings opened bids for the 2022-06STI Chip Seal Project on Tuesday, March 29, 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 2022-06STI Chip Seal Project: Topkote, Inc. - $397,637.78; The Road Guy Construction Co., Inc. - $480,330.00; and Bituminous Paving, Inc. - $485,552.50. Now, Therefore, Be It Resolved that the low bid of $397,637.78 for Topkote, Inc., be accepted. Passed and approved this 19th day of April, 2022. CITY OF BROOKINGS ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 22-029,Version:1 Action on Resolution 22-029, a Resolution Authorizing the City Manager to Retain a Construction Manager-At-Risk (CMAR) for the Renovation or Replacement of the Brookings Public Safety Facility. Summary: This Resolution would authorize the City Manager to retain Henry Carlson Construction, LLC, for Construction Manager At-Risk (CMAR) services for the Public Safety Facility project. Recommendation: Staff recommends approval. Attachments: Memo Resolution Resolution 21-113 City of Brookings Printed on 4/14/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jacob Meshke, Assistant City Manager Council Meeting: April 19, 2022 Subject: Public Safety Facility – Construction Manager At-Risk (CMAR) Services Presenter: Jacob Meshke, Assistant City Manager Dick Strassburg, Owner’s Representative Summary: This Resolution would authorize the City Manager to retain Henry Carlson Construction, LLC, for Construction Manager At-Risk (CMAR) services for the Public Safety Facility project. Background: The City’s Public Safety Facility was constructed in the 1960’s with an addition put on in the 1980’s. After observing a number of issues with the building’s infrastrcuture (plumbing system, HVAC, electrical, and roof), the City hired a facility consultan t to analyze needs. As a result of that analysis, it was estimated the Public Safety Facility would need between $1.5 million and $2 million of investment over the next 10 years to maintain operations. After considering the amount of investment required and the lack of functionality of the space in its current form, the City is exploring options to renovate the current facility or build new. Due to the sophistication and specialization of the facility, the City opted to go with a CMAR process as opposed to the more traditional design-bid-build. The CMAR process will better allow the City to control costs, define a finished product, and work collaboratively with a professional team of architects, engineers, and construction manager from start to finish. To assist with the CMAR process, the City selected Tegra Group as an owner’s representative through a competitive Request for Proposals process. As the owner’s representative, Tegra Group will assist the City in navigating the CMAR process as an expert and advocate. The City adopted Resolution 21-113 in December 2021 to establish procedures for CMAR projects in accordance with State law. Item Details: The City utilized the Request for Proposals (RFP) process to seek out qualified firms to provide professional CMAR services for the Public Safety Facility. The CMAR will provide pre-schematic, preconstruction, and construction services for the potential renovation of the existing Public Safety Facility, or potentially the replacement of the current Public Safety Facility with an entirely new Public Safety Facility. The City received proposals from two (2) firms who were vetted and interviewed by a selection committee with focus on firm background, applicable and relevant experience, strength of the project team, project approach, and demonstrated knowledge of local and regional subcontract market. Approval of this Resolution would commit the City to proceeding with Step 1, which entails a feasibility study that concludes with a recommendation on new build or renovation, preliminary cost estimates, and conceptual design. The CMAR would work closely and collaborate with the architect/engineer to provide accurate cost estimates, control costs, and define the finished product. It is estimated that Step 1 will take four (4) to six (6) months to complete. Legal Consideration: City Attorney Steve Britzman has drafted the Resolution. Strategic Plan Consideration: Fiscal Responsibility – limits the City’s future liability for costly repairs. Safe, Inclusive, and Connected Community – addresses Goal 1: Police Facility Improvements. Service and Innovation Excellent – a renovated or new facility would provide increased functionality for Police operations. Sustainability – In addition to financial sustainability through the reduction of costly repairs, a renovated or new facility would have updated mechanical systems and other improvements which reduce energy usage and costs. Financial Consideration: Proposed costs for CMAR services for Step 1 are $5,760. 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: Resolution Resolution 21-113 Resolution 22-029 A Resolution Authorizing the City Manager to Retain a Construction Manager-At -Risk (CMAR) for the Renovation or Replacement of the Brookings Public Safety Facility Whereas, the City of Brookings, pursuant to State law requirements, adopted Resolution 21-113, which establishes procedures for Construction Manager-at-Risk Projects; and Whereas, it is in the City’s interest to utilize the services of a Construction Manager-At- Risk for the renovation or replacement of the Brookings Public Safety Facility, which is an aging public safety facility that lacks functionality and is requiring costly repairs; and Whereas, in accordance with Resolution 21-113, the City issued requests for proposals from qualified CMAR firms for the project, and received two (2) competitive proposals; and Whereas, the qualifications of the two (2) submitting firms were evaluated by the City’s CMAR selection committee, and Henry Carlson Construction, LLC, was recommended by the City’s CMAR selection committee as the most qualified firm to provide CMAR services; and Whereas, Henry Carlson Construction, LLC, is a qualified CMAR and is a highly reputable firm; Now, Therefore, Be It Resolved that the City Manager of the City of Brookings is authorized to negotiate and enter into a contract for CMAR services for the Brookings Public Safety Facility with Henry Carlson Construction, LLC. Passed and approved on the 19th day of April, 2022. CITY OF BROOKINGS, SD _____________________________ Oepke G. Niemeyer, Mayor ATTEST: ________________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 22-030,Version:1 Action on Resolution 22-030, a Resolution Authorizing the City Manager to Retain the Firms of JLG Architects and Roth Sheppard Architects, working together, on the Renovation or Replacement of the Brookings Public Safety Facility. Summary: This Resolution would authorize the City Manager to retain JLG Architects and Roth Sheppard Architects for architect/engineer services for the Public Safety Facility project. Recommendation: Staff recommends approval. Attachments: Memo Resolution Resolution 21-113 City of Brookings Printed on 4/14/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jacob Meshke, Assistant City Manager Council Meeting: April 19, 2022 Subject: Public Safety Facility – Architect/Engineer Services Presenter: Jacob Meshke, Assistant City Manager Dick Strassburg, Owner’s Representative Summary: This Resolution would authorize the City Manager to retain JLG Architects and Roth Sheppard Architects for architect/engineer services for the Public Safety Facility project. Background: The City’s Public Safety Facility was constructed in the 1960’s with an addition put on in the 1980’s. After observing a number of issues with the building’s infrastrcuture (plumbing system, HVAC, electrical, and roof), the City hired a facility consultan t to analyze needs. As a result of that analysis, it was estimated the Public Safety Facility would need between $1.5 million and $2 million of investment over the next 10 years to maintain operations. After considering the amount of investment required and the lack of functionality of the space in its current form, the City is exploring options to renovate the current facility or build new. Due to the sophistication and specialization of the facility, the City opted to go with the Construction Manager At Risk (CMAR) process, as opposed to the more traditional design-bid-build. The CMAR process will better allow the City to control costs, define a finished product, and work collaboratively with a professional team of architects, engineers, and construction manager from start to finish. To assist with the CMAR process, the City selected Tegra Group as an owner’s representative through a competitive Request for Proposals process. As the owner’s representative, Tegra Group will assist the City in navigating the CMAR process as an expert and advocate. The City adopted Resolution 21-113 in December 2021 to establish procedures for CMAR projects in accordance with State law. Item Details: The City utilized the Request for Proposals (RFP) process to seek out qualified firms to provide professional architect and engineer services for the Public Safety Facility. The professional architect/engineer will provide pre-schematic programming/planning, concept design, schematic design, design development, construction documents and construction administration services for the potential renovation of the existing Public Safety Facility, or potentially the replacement of the current Public Safety Facility with an entirely new Public Safety Facility. The City received proposals from nine (9) firms who were vetted and interviewed by a selection committee with focus on experience/qualifications/availability of proposed project team leaders, team structure, history of project team working together, technical work process, proposal/interview/response, and proposed fee/reimbursable expenses. Approval of the Resolution would commit the City to proceeding with Step 1, which entails a feasibility study that concludes with a recommendation on new build or renovation, preliminary cost estimates, and conceptual design. The architect/engineer would work closely and collaborate with the CMAR to provide accurate cost estimates, control costs, and define the finished product. It is estimated that Step 1 will take four (4) to six (6) months to complete. Legal Consideration: City Attorney Steve Britzman has drafted the Resolution. Strategic Plan Consideration: Fiscal Responsibility – limits the City’s future liability for costly repairs. Safe, Inclusive, and Connected Community – addresses Goal 1: Police Facility Improvements. Service and Innovation Excellent – a renovated or new facility would provide increased functionality for Police operations. Sustainability – In addition to financial sustainability through the reduction of costly repairs, a renovated or new facility would have updated mechanical systems and other improvements which reduce energy usage and costs. Financial Consideration: Proposed costs for architect/engineer services for Step 1 are $85,000. 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: Resolution Resolution 21-113 Resolution 22-030 A Resolution Authorizing the City Manager to Retain the Firms of JLG Architects and Roth Sheppard Architects, working together, on the Renovation or Replacement of the Brookings Public Safety Facility Whereas, the City of Brookings, pursuant to State law requirements, adopted Resolution 21-113 which establishes procedures for Construction Manager-at-Risk Projects; and Whereas, it is in the City’s interest to utilize the services of a construction manager-at- risk for the renovation or replacement of the Brookings Public Safety Facility, which is an aging public safety facility that lacks functionality and is requiring costly repairs; and Whereas, in accordance with Resolution 21-113, the construction management services would not unreasonably duplicate and would be in addition to the normal scope of separate architect or engineer contracts concerning the renovation or replacement of the Brookings Public Safety Facility; and Whereas, the qualifications of nine (9) submitting architect and engineer firms were evaluated by the City’s selection committee, and JLG Architects and Roth Sheppard Architects, working together, were recommended by the City’s selection committee as the most qualified firms to provide architect and engineer services; and Whereas, both JLG Architects and Roth Sheppard Architects are well-qualified to perform the architect and engineer services required for this project; Now, Therefore, Be It Resolved that the City Manager of the City of Brookings is authorized to negotiate and enter into a contract for architect and engineer services for the Brookings Public Safety Facility with the team of JLG Architects and Roth Sheppard Architects. Passed and approved on the 19th day of April, 2022. CITY OF BROOKINGS, SD _____________________________ Oepke G. Niemeyer, Mayor ATTEST: ________________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 22-013,Version:1 Introduction and First Reading on Ordinance 22-013, an Ordinance Authorizing Budget Amendment No. 4 to the 2022 Budget. Second Reading and Action: April 26, 2022. 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 forward unused funds from the previous year, fund items not initially budgeted in 2022, and allocate City Manager’s Contingency and Buildings Sinking Funds. Recommendation: Staff recommends approval. Attachments: Memo Ordinance City of Brookings Printed on 4/15/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Erick Rangel, Chief Financial Officer; Dusty Rodiek, Parks & Recreation Director; Michael Logan, Swiftel Center General Manager Council Meeting: April 19, 2022 / April 26, 2022 Subject: Ordinance 22-013: Budget Amendment No. 4 to the 2022 Budget Presenter: 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 forward unused funds from the previous year, fund items not initially budgeted in 2022, and allocate City Manager’s Contingency and Buildings Sinking Funds. 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 new priority items that have been identified since the original budget was passed.  Part 3 will allocate funds from the City Manager’s Contingency and the Buildings Sinking fund for recently identified priority items. Item Details: Part1 – Carry Forwards: Police Department Evaluation and Capital Project Funds: $2,491,271 Dept./Fund Amount Description Police 50,000 Carry Forward Police Department Evaluation 15th & 7th 1,611,571 Carry forward capital project budget Public Safety Center 522,200 Carry forward capital project budget Armory Upgrades 17,500 Carry forward capital project budget Brookings Food Pantry 290,000 Carry forward capital project budget 2,491,271  Police Department Evaluation: A contingency transfer was made at the end of 2021 for these expenditures. However, services were ultimately performed at the beginning of 2022.  Capital Project Carry Forwards: These amounts reflect final remaining budget balances as of December 31, 2022 in the Capital Project Funds. Part 2 – New priority Items: $1,570,286  Branded Promotional Items: In accordance with the City’s mission and values to build top-of-mind awareness with residents and community organizations, the City utilizes various promotional/gift items, which need to be replenished.  Swiftel Center Consulting Fees: The City incurred consulting fees in the amount of $13,160 from Venue First Consultants, LLC for the management transition, as well as $10,000 from Jensen Strategies, LLC for ag business consulting. The final installment for these fees was recently paid, and the full amount can be reimbursed by the 3rd B Tax Fund.  Swiftel Center 2021 Budget Shortfall: At the time of venue management transition, estimated end-of-year budget shortfall was $193,993. An update provided by current management to the City Council in January 2022 projected a shortfall of $54,452. The actual amount for 2021 to be compensated by the 3rd B Tax fund is $42,826.  Swiftel Center HVAC System: The current HVAC system has exceeded its useful life by 10 years and frequent maintenance must be performed. An estimate for full replacement of all existing systems to meet current standards will be approximately $1.5M. This has been identified as a City Council Priority Project to be funded through existing General Fund reserves. Dept./Fund Amount Description 3B 4,300 Branded Promotional Items Swiftel Center 10,000 Swiftel Center Ag Buisiness Consultant Swiftel Center 13,160 Swiftel Center Venue Management Transition Consulting Swiftel Center 42,826 Swiftel 2021 Budget Shortfall - Paid through ARPA Funds - Transfer from General Fund Swiftel Center 1,500,000 Budget Authority Increase for HVAC system - Transfer from City Council Priority Projects Fund 1,570,286 Part 3 – City Manager’s Contingency and Buildings Sinking Fund Allocations : $31,800  Ionization Systems: These will be installed at City Hall and have been approved by the Joint Powers Board. The amendment reflects the full contract price, although the City will receive a 52% reimbursement from Brookings County.  Holding Barn Upgrades: This will include a cost estimate to create indoor recreation space while enhancing the functionality of the space for Swiftel Center operations and programming. Legal Consideration: None. Strategic Plan Consideration: This action supports fiscal responsibility by increasing budget authority for anticipated expenditures and increasing transparency regarding City operational needs. Items that support the Swiftel Center and recreational opportunities align with the City’s goals of fostering a safe, inclusive and connected community. Financial Consideration: This action carries forward funds from 2021 in the amount of $2,491,271 and re - allocates City Manager’s Contingency and Buildings Sinking Funds in the amount of $31,800. New priority items in the amount of $1,570,286 will have an incremental impact on the City’s budget. 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: Memo Ordinance Dept./Fund Amount Description City/County Admin.20,000 (2) Ionization systems to be installed in our current HVAC systems - Buildings Sinking Fund GF - Recreation 11,800 Professional Cost Estimate - "Holding Barn" upgrades - City Manager's Contingency 31,800 Ordinance 22-013 An Ordinance Authorizing Budget Amendment No. 4 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 authorized 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. Part 2 – Will increase budget authority for new priority items. Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description Police 101-421-5-422-03 Consulting/Engineering 50,000 Carry Forward Police Department Review/Study 15th & 7th 529-000-5-422-03 Consulting & Engineering 264,620 Carry forward Consulting & Engineering budget 15th & 7th 529-000-5-940-00 Other Capital 1,346,951 Carry forward Other Capital budget Public Safety Center 531-000-5-422-03 Consulting & Engineering 522,200 Carry forward Consulting & Engineering budget Armory Upgrades 532-000-5-911-00 Buildings & Structures 17,500 Carry Forward Roof Repairs budget Brookings Food Pantry 533-000-5-422-03 Consulting & Engineering 50,000 Carry Forward Food Pantry Design budget Brookings Food Pantry 533-000-5-920-00 Furniture & Equipment 240,000 Carry Forward Food Pantry Furniture & Equipment budget Total Increase / (Decrease)2,491,271 Part 3 – Transfers of City Manager’s Contingency and Buildings Sinking Fund. All ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: April 19, 2022 Second Reading: April 26, 2022 Published: CITY OF BROOKINGS Oepke G. Niemeyer, Mayor ATTEST: Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description 3B 284-000-5-856-65 Promotion of City 4,300 Branded Promotional Items 3B 284-000-7-899-03 Transfer out to Swiftel Center 23,160 Venue Management Transition & Ag Business Consulting Fees Swiftel Center 224-000-6-700-13 Transfer In 3rd B 23,160 Venue Management Transition & Ag Business Consulting Fees General Fund 101-000-4-899-05 Transfer Out General Fund 42,826 Swiftel 2021 Budget Shortfall - ARPA Funds Swiftel Center 224-000-6-700-00 Transfer in General Fund 42,826 Swiftel 2021 Budget Shortfall - ARPA Funds General Fund 101-000-4-899-05 Transfer Out General Fund 1,500,000 CCPPF Transfer for Swiftel Center HVAC Swiftel Center 224-000-6-700-00 Transfer in General Fund 1,500,000 CCPPF Transfer for Swiftel Center HVAC Swiftel Center 224-000-5-940-01 Capital 1,500,000 Budget Authority Increase for HVAC system Total Increase / (Decrease)1,570,286 Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description City/County Admin.101-420-5-425-05 Maintenance of Building 20,000 (2) Ionization systems to be installed in our current HVAC systems CIP 213-000-5-911-00 Buildings (Sinking Fund)(20,000) (2) Ionization systems to be installed in our current HVAC systems GF - Recreation 101-451-5-422-07 Contracting Services 11,800 Professional Cost Estimate - "Holding Barn" upgrades GF - Non-Departmental 101-405-5-856-99 Contingency Fund (11,800) Professional Cost Estimate - "Holding Barn" upgrades Total Transfers 31,800 Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 22-014,Version:1 Introduction and First Reading on Ordinance 22-014, an Ordinance to Rezone the South 545 feet of the North 1,053.7 feet of the East 467 feet of the West 500 feet, excluding Lot H1, of the Southeast Quarter in Section 35, Township 110, Range 50 from Business B-2A Office District to Residence R-2 Two-Family District. Public Hearing and Action: April 26, 2022. Summary: Northern Plains Professional Properties, LLC, has petitioned to rezone a portion of its 5.75-acre property along South Main Avenue from Business B-2A Office District to Residence R-2 Two-family District. Recommendation: Staff and the Development Review Team recommend approval. The Planning Commission voted 7 - 0 recommending approval of the rezoning request. Attachments: Memo Ordinance Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Location Map Zoning Map Future Land Use Map Petition to Rezone Zoning Exhibit City of Brookings Printed on 4/15/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: April 19, 2022 / April 26, 2022 Subject: Rezoning the south five hundred forty-five feet of the north one thousand fifty-three and seven tenths feet of the east four hundred sixty-seven feet of the west five hundred feet, excluding lot H1, of the southeast quarter in Section Thirty- Five, Township One Hundred Ten, Range Fifty from Business B-2A office district to Residence R-2 two-family district. Person(s) Responsible: Mike Struck, Community Development Director Summary: Northern Plains Professional Properties LLC has petitioned to rezone a portion of its 5.75-acre property along South Main Avenue from Business B-2A office district to Residence R-2 two-family district. Background: The applicant recently purchased a 5.75-acre parcel of land along South Main Avenue. The property had been rezoned from Residence R-1A single-family district to Business B-2A office district during the acquisition with a plan for of fice use along the Main Avenue frontage. Concurrent applications for a preliminary plat of Blocks 1-3 in Northern Plains Addition and for a Conditional Use Permit for townhouses in a Residence R-2 two-family district have been received. Item Details: The applicant is proposing to build five 4-unit townhouses on the proposed Block 3 in Northern Plains Addition. This block would occupy roughly 2.47 acres of the eastern portion of the undeveloped land. This use would not be allowed as currently zoned. Property to the south is zoned Residence R-1B single-family district. Property to the east is zoned Residence R-2 two-family district and property to the north is zoned Residence R-3 apartment district. If platted as proposed in the preliminary plat for Blocks 1-3 in Northern Plains Addition, property to the west would be zoned Business B-2A office district. This would require that future commercial uses on Blocks 1 and 2 in Northern Plains Addition to maintain required bufferyard setbacks. The future land use map classifies this area as Urban Low and would support a rezoning of a portion of this property to R-2 two-family district. Legal Consideration: None Strategic Plan Consideration: Economic Growth – the rezoning will provide new housing opportunities. Financial Consideration: None Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table The Development Review Team recommends approval. Staff recommends approval. The Planning Commission voted 7 – 0 recommending approval of the rezoning request. Supporting Documentation: 1. Ordinance 2. Legal Notice – City Council 3. Legal Notice – Planning Commission 4. Planning Commission Minutes 5. Location Map 6. Zoning Map 7. Future Land Use Map 8. Petition to Rezone 9. Zoning Exhibit Ordinance 22-014 An Ordinance to Change the Zoning within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: The South 545 feet of the North 1,053.7 feet of the East 467 feet of the West 500 feet, excluding Lot H1, of the Southeast Quarter in Section 35, Township 110, Range 50, from Business B-2A Office District to Residence R-2 Two-Family 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: April 19, 2022 Second Reading and Adoption: April 26, 2022 Published: CITY OF BROOKINGS, SD ________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN that Northern Plains Professional Properties LLC has submitted a petition to rezone a portion of the following described real estate in the City of Brookings and Brookings County, South Dakota: The South 545 feet of the North 1,053.7 feet of the East 467 feet of the West 500 feet, excluding Lot H1, of the Southeast Quarter in Section 35 Township 110 Range 50, generally located along the 1500 and 1600 block of Main Avenue S. The request is to rezone a portion of the above from Business B-2A office district to Residence R-2 two-family district. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council at 6:00 PM on Tuesday, April 26, 2022, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 15th day of April, 2022. Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN that Northern Plains Professional Properties LLC has submitted a petition to rezone a portion of the following described real estate in the City of Brookings and Brookings County, South Dakota: The South 545 feet of the North 1,053.7 feet of the East 467 feet of the West 500 feet, excluding Lot H1, of the Southeast Quarter in Section 35 Township 110 Range 50, generally located along the 1500 and 1600 block of Main Avenue S. The request is to rezone a portion of the above from Business B-2A office district to Residence R-2 two-family district. NOTICE IS FURTHER GIVEN t hat said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, March 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 in this matter. Dated this 18th day of February, 2022. Ryan Miller City Planner Planning Commission Brookings, South Dakota April 5, 2022 OFFICIAL MINUTES Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday, April 5, 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, Jacob Mills, Gregg Jorgenson, Lee Ann Pierce, Nick Schmeichel via- telephone, Roger Solum, and Fargen. Absent were Justin Borns and James Drew. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Kyle Rausch, Justin Bucher, Michael Hawley, Alan Sandor, Chris Carlson, and Clint Powell. Item #5a - Northern Plains Professional Properties LLC submitted a petition to rezone Block 3 in Northern Plains Addition from Business B-2A Office District to Residence R-2 Two-Family District. (Pierce/Mills) Motion to remove from the table. All present voted aye. MOTION CARRIED. (Jorgenson/Solum) Motion to approve the rezone request. All present voted aye. MOTION CARRIED. Planning Commission Brookings, South Dakota April 5, 2022 OFFICIAL SUMMARY Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday, April 5, 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, Jacob Mills, Gregg Jorgenson, Lee Ann Pierce, Nick Schmeichel via- telephone, Roger Solum, and Fargen. Absent were Justin Borns and James Drew. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Kyle Rausch, Justin Bucher, Michael Hawley, Alan Sandor, Chris Carlson, and Clint Powell. Item #5a – This property is currently zoned B-2A and rezone request is to Residence R-2 Two-family district. This zoning district is supported by the Comprehensive Plan. Rausch explained that this road in this development will be a private road. They do plan to build some townhomes that will be sold off. R ez on e 356 ft B-2A R-1B R-1B R-2 R-3 Zoning Map Brookings County, Esri Canada, Esri, HERE, Garmin, GeoTechnologies, Inc., 2/22/2022 0 0.03 0.060.01 mi 0 0.05 0.10.03 km 1:2,779 Mustang P a s s SiouxTrlSiouxTrlS i oux P a s s M u s t a ng Pa ss 1 5 t h S t S 1652 ft R e m i n g t o n D r C a rdi na l D r C i r MainAveSUrban Low Civic Civic Future Land Use Map Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, 2/22/2022 0 0.03 0.060.01 mi 0 0.05 0.10.03 km 1:2,779 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 22-015,Version:1 Introduction and First Reading on Ordinance 22-015, an Ordinance to Permit by Conditional Use (townhouses) on the South 545 feet of the North 1,053.7 feet of the East 467 feet of the West 500 feet, excluding Lot H1, of the Southeast Quarter in Section 35, Township 110, Range 50. Public Hearing and Action: April 26, 2022. Summary: Northern Plains Professional Properties, LLC, has applied for a Conditional Use Permit to build townhouses in the Residence R-2 Two-Family District. Recommendation: Staff and the Development Review Team recommend approval. The Planning Commission voted 7 - 0, recommending approval with the following conditions: 1)The conditional use permit is for townhouses up to 20 dwelling units Attachments: Memo Ordinance Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Location Map Conditional Use Permit Application Site Plan Building Plans City of Brookings Printed on 4/15/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: April 19, 2022 / April 26, 2022 Subject: Conditional Use Permit: townhouses in the R-2 Two-Family District on the 545 feet of the North 1,053.7 feet of the East 467 feet of the West 500, excluding lot H1, of the Southeast Quarter in Section 35, Township 110, Range 50 Person(s) Responsible: Mike Struck, Community Development Director Summary: Northern Plains Professional Properties LLC has applied for a Conditional Use Permit to build townhouses in the Residence R-2 Two-Family District. Background: The applicant recently purchased a 5.75-acre parcel of land along South Main Avenue. The property had been rezoned from Residence R-1A Single-Family District to Business B-2A Office District during the acquisition with a plan for office use along the Main Avenue frontage. Concurrent applications for a preliminary plat of Blocks 1-3 of Northern Plains Addition and to rezone 2.47 acres of this land from B-2A to Residence R-2 Two-Family District have been received. Townhouses are a conditional use in the R-2 district with the following standard for approval: The 5.75-acre parcel has never been developed; however, the owner is now proposing to rezone the property from R-1A to B-2A for a potential office use.  Such uses shall not be located in an area where they could have a negative impact on adjacent properties due to their size or the traffic generated from such use. Item Details: The applicant is proposing to build five 4-unit townhouses on the proposed Block 3 of Northern Plains Addition. This block would occupy roughly 2.47 acres of the eastern portion of the undeveloped land. The townhouses would be accessed via two private drives with access to Main Avenue South. The townhouses would front the private drive with rear yards facing Remington and Cardinal Circles to the east. Each unit would have a one-stall garage and one-stall driveway. Townhouses are required to provide two parking stalls per unit, therefore the minimum parking requirement would be met. The applicant proposes additional parking areas for overflow/visitor parking. The Planning Commission discussed various issues including concerns regarding the transferability of the conditional use permit and the maximum density allowed in the development. The transferability of the conditional use would cause a hardship for the owners of the property which may need to transfer ownership among the partners. The maximum density of the development would be limited by multiple variables. Zoning on the roughly 2.47 acres which would support 44 units. The number of feasible units is also limited by the required zoning setbacks, private drives, drainage and topography. The Planning Commission voted to add a condition that no more than 20 dwelling units would be allowed by the conditional use permit. This condition matches the applicant’s proposal of 20 units. Legal Consideration: None Strategic Plan Consideration: Economic Growth – the conditional use will provide new housing opportunities. Financial Consideration: None Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table The Development Review Team recommends approval. Staff recommends approval. The Planning Commission voted 7 – 0 recommending approval with the following conditions: 1) The conditional use permit is for townhouses up to twenty dwellin g units Supporting Documentation: Ordinance Legal Notice – City Council Legal Notice – Planning Commission Planning Commission Minutes Location Map Conditional Use Permit Application Site Plan Building Plans Ordinance 22-015 An Ordinance Pertaining to an Application for a Conditional Use to Establish Townhouses in a Residence R-2 Two-Family District Be It Ordained by the governing body of the City of Brookings, South Dakota that said Conditional Use Permit shall be approved to establish townhouses on the South 545 feet of the North 1,053.7 feet of the East 467 feet of the W est 500, excluding lot H1, of the Southeast Quarter in Section 35, Township 110, Range 50 with the following conditions: 1) The conditional use permit is for townhouses up to 20 dwelling units All sections and ordinances in conflict herewith are hereby repealed. First Reading: April 19, 2022 Second Reading: April 26, 2022 Published: CITY OF BROOKINGS __________________________ Oepke G. Niemeyer, Mayor ATTEST: ________________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON APPLICATION FOR CONDITIONAL USE PERMIT NOTICE IS HEREBY GIVEN that Northern Plains Professional Properties LLC has submitted an application for a Conditional Use Permit on a portion of the following described real estate in the City of Brookings: The South 545 feet of the North 1,053.7 feet of the East 467 feet of the West 500 feet, excluding Lot H1, of the Southeast Quarter in Section 35 Township 110 Range 50, generally located along the 1500 and 1600 block of Main Avenue S. The request is for townhouses in the Residence R-2 two-family district. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council at 6:00 PM on Tuesday, April 26, 2022, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 15th day of April, 2022. Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON APPLICATION FOR CONDITIONAL USE PERMIT NOTICE IS HEREBY GIVEN that Northern Plains Professional Properties LLC has submitted an application for a Conditional Use Permit on a portion of the following described real estate in the City of Brookings: The South 545 feet of the North 1,053.7 feet of the East 467 feet of the West 500 feet, excluding Lot H1, of the Southeast Quarter in Section 35 Township 110 Range 50, generally located along the 1500 and 1600 block of Main Avenue S. The request is for townhouses in the Residence R-2 two -family district. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Planning Commission at 5:3 0 PM on Tuesday, March 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 18th day of February, 2022. Ryan Miller City Planner Planning Commission Brookings, South Dakota April 5, 2022 OFFICIAL MINUTES Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday, April 5, 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, Jacob Mills, Gregg Jorgenson, Lee Ann Pierce, Nick Schmeichel via- telephone, Roger Solum, and Fargen. Absent were Justin Borns and James Drew. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Kyle Rausch, Justin Bucher, Michael Hawley, Alan Sandor, Chris Carlson, and Clint Powell. Item #6a – Northern Plains Professional Properties LLC submitted an application for a Conditional Use Permit on Block 3 of Northern Plains Addition for townhouses in a Residence R-2 Two-family District. (Solum/Pierce) Motion to remove from the table. All present voted aye. MOTION CARRIED. (Aiken/Solum) Motion to approve the Conditional Use Permit. (Pierce/Mills) Amendment to the motion to add a condition that this permit will be for “townhomes built, up to 20 dwelling units.” All present voted aye. AMENDMENT CARRIED. Motion as amended was voted on. All present voted aye. MOTION CARRIED. Planning Commission Brookings, South Dakota April 5, 2022 OFFICIAL SUMMARY Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday, April 5, 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, Jacob Mills, Gregg Jorgenson, Lee Ann Pierce, Nick Schmeichel via- telephone, Roger Solum, and Fargen. Absent were Justin Borns and James Drew. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Kyle Rausch, Justin Bucher, Michael Hawley, Alan Sandor, Chris Carlson, and Clint Powell. Item #6a – This Conditional Use permit would allow for townhomes to be built on this lot. There would be five - 4 unit townhomes built. There would be access to these townhomes via two private drives with access to Main Avenue South. Rausch explained that they are currently requesting five – 4 unit townhomes, but they may not build all 4 unit buildings, but if not 4, it will be less. Mills asked if this Conditional Use is transferable? Miller explained that this Conditional Use would be tied to the property/parcel. Mills feels that this Conditional Use Permit should be tied to the applicant and it would not be transferable. Rausch feels that applying this condition to the permit could make things difficult for the current owners. The parcel is currently owned by an LLC and if ownership changed because a new shareholder came in or left the group, they would be applying for a new LLC with a different name. Pierce feels that the Conditional Use permit should be issued with a condition stating the number of units allowed. R ez on e 356 ft MAIN AVE S 4-PLEX4-PLEX4-PLEX4-PLEX4-PLEXBLOCK 258,880 SFBLOCK 3107,638 SFBLOCK 180,965 SFS TSS8'' SS8'' S8'' S8'' SS8'' S163516401643 1625163016351640164516301635163516401645 1643 UGF UGF UGF UGF UGF UGF UGFUGF UGFUGFUGE UGE UGE UGE UGE UGE UGE UGE UGEUGEUGEUGEUGE UGEUGEUGEUGEUGFoooooGGGGGGGGG G8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W UGE UGE UGE UGE UGE UGE UGE UGF UGF UGF UGF UGF UGF UGFCPCP T18"18"18"18"18"6"18"MITTTTT6"6"6"6"6"6"6"TTTTCP 903F:\23507-00\Design Phase\CADD\Sheet File\Northern Plains Addn Blk 3 Site Plan.dwg;2/1/2022 4:05 PM ENG / ARCH:DESIGNER:TECHNICIAN:DATE:JOB No.:1"1/2"0SCALE REDUCTION BARPROJECT / SHEET TITLE : REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.6342JDBJDBFEBRUARY 202223507-00SITE PLAN NORTHERN PLAINS PROFESSIONAL PROPERTIES BROOKINGS, SOUTH DAKOTA 1 OF 1 RE V I EW ON L Y FOR DETENTIONPONDLEGEND:MONUMENT (FOUND)PROPERTY LINEHORIZONTAL DATUM: - NAD 83 - COORD. SYSTEM: U.S. STATE PLANE 1983 - ZONE: SOUTH DAKOTA NORTH (4001)VERTICAL DATUM: - NAVD 88 - GEOID 18ALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETSITE PLAN FORBLOCKS 3 IN NORTHERN PLAINS ADDITIONAN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTASETBACK0 30 60 FTVICINITY MAPSCALE: NONEPLAT AREAWSPROPOSED WATER LINEPROPOSED SANITARY LINESTPROPOSED STORM LINEMAIN AVE. S 20TH ST. S12TH ST. SMEDARY AVE. S 17TH AVE. S WESTERN AVE. S 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 22-016,Version:1 Introduction and First Reading on Ordinance 22-016, an Ordinance to Permit by Conditional Use a Major Home Occupation (hair salon) on Lot 18, Block 4 of Moriarty Edgebrook Addition, also known as 1636 Doral Drive. Public Hearing and Action: April 26, 2022. Summary: Christine Carlson has applied for a Conditional Use Permit to operate a home hair salon, a Major Home Occupation in the Residence R-1B Single-Family District. Recommendation: The Development Review Team recommends approval. Staff recommends approval. The Planning Commission voted 7 - 0 recommending approval with the following conditions: 1)The conditional use permit is for the applicant only and cannot be transferred to future property owners. Attachments: Memo Ordinance Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Location Map Conditional Use Permit Application Major Home Occupation Checklist City of Brookings Printed on 4/15/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: April 19, 2022 / April 26, 2022 Subject: Conditional Use Permit: major home occupation hair salon on Lot 18, Block 4 in Moriarty Edgebrook Addition (1636 Doral Drive) Person(s) Responsible: Mike Struck, Community Development Director Summary: Christine Carlson has applied for a Conditional Use Permit to operate a home hair salon, a Major Home Occupation, in the Residence R-1B Single-Family District. Background: The applicant owns a residence at 1636 Doral Drive and would like to operate a hair salon from the home. A hair salon is considered a Major Home Occupation, which is reviewed through the Conditional Use Permit process using the standards found on the major home occupation checklist. Item Details: The home located at 1636 Doral Drive is a single-family residence. The applicant is proposing to renovate a portion of the home for use as a salon with direct access for customers. The residence includes a three-stall garage with sufficient parking for clients. Home hair salons are allowed as a major home occupation only as single chair operations. Legal Consideration: None Strategic Plan Consideration: Economic Growth – the project will allow an opportunity for a small business to grow. 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 recommends approval. Staff recommends approval. The Planning Commission voted 7 – 0 recommending approval of the conditional use permit request with the following condition: 1) The Conditional Use Permit is for the applicant only and cannot be transferred to future property owners. Supporting Documentation: Ordinance Legal Notice – City Council Legal Notice – Planning Commission Planning Commission Minutes Location Map Conditional Use Permit Application Major Home Occupation Checklist Ordinance 22-016 An Ordinance Pertaining to an Application for a Conditional Use to Establish a Hair Salon as a Major Home Occupation in a Residence R-1B Single-Family District Be It Ordained by the governing body of the City of Brookings, South Dakota that said Conditional Use Permit shall be approved to operate a hair salon on Lot 18, Block 4, Moriarty Edgebrook Addition, also known as 1636 Doral Drive, with the following conditions: 1) The conditional use permit is for the applicant only and cannot be transferred to future property owners. All sections and ordinances in conflict herewith are hereby repealed. First Reading: April 19, 2022 Second Reading: April 26, 2022 Published: CITY OF BROOKINGS, SD __________________________ Oepke G. Niemeyer, Mayor ATTEST: ________________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON APPLICATION FOR CONDITIONAL USE PERMIT NOTICE IS HEREBY GIVEN that Ryan and Christine Carlson have submitted an application for a Conditional Use Permit on the following described real estate in the City of Brookings: Lot 18, Block 4 of Moriarty Edgebrook Addition, also known as 1636 Doral Drive . The request is for a home hair salon, a major home occupation in the Residence R-1B Single Family District. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council at 6:00 PM on Tuesday, April 26, 2022, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 15th day of April, 2022. Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON APPLICATION FOR CONDITIONAL USE PERMIT NOTICE IS HEREBY GIVEN that Ryan and Christine Carlson have submitted an application for a Conditional Use Permit on the following described real estate in the City of Brookings: Lot 18, Block 4 of Moriarty Edgebrook Addition, also known as 1636 Doral Drive. The request is for a home hair salon, a Major Home Occupation in the Residence R-1B Single Family District. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Planning Commission at 5:3 0 PM on Tuesday, April 5, 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 25th day of March, 2022. Ryan Miller City Planner Planning Commission Brookings, South Dakota April 5, 2022 OFFICIAL MINUTES Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday, April 5, 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, Jacob Mills, Gregg Jorgenson, Lee Ann Pierce, Nick Schmeichel via- telephone, Roger Solum, and Fargen. Absent were Justin Borns and James Drew. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Kyle Rausch, Justin Bucher, Michael Hawley, Alan Sandor, Chris Carlson, and Clint Powell. Item #6b – Christine Carlson submitted an application for a Conditional Use Permit for a home hair salon on Lot 18, Block 4 of Moriarty Edgebrook Addition, also known as 1636 Doral Drive. (Pierce/Jorgenson) Motion to approve the Conditional Use Permit request. (Mills/ Pierce) Amendment to add a condition that this Conditional Use Permit is for the applicant only and is non-transferable. All present voted aye. AMENDMENT CARRIED. Motion as amended was voted on. All present voted aye. MOTION CARRIED. Planning Commission Brookings, South Dakota April 5, 2022 OFFICIAL SUMMARY Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday, April 5, 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, Jacob Mills, Gregg Jorgenson, Lee Ann Pierce, Nick Schmeichel via- telephone, Roger Solum, and Fargen. Absent were Justin Borns and James Drew. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Kyle Rausch, Justin Bucher, Michael Hawley, Alan Sandor, Chris Carlson, and Clint Powell. Item #6b – This conditional use permit is for an in home hair salon, which is a major home occupation in a residential district. All requirements are met on the major home occupation checklist. Mills asked if this permit should be for the applicant only. Loca tion Ma p 178 ft City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 22-011,Version:2 Second Reading and Action on Ordinance 22-011, an Ordinance Authorizing Budget Amendment No. 3 to the 2022 Budget. Summary: The Parks & Recreation Department has received a donation from the Brookings Ice Staking Association (BISA) to be applied to the purchase of an upgraded Daktronics video board/scoreboard system. Additionally, the City will partner with the Human Rights Commission in the purchasing of additional diversity signs. This Ordinance supplements the budget to utilize the donation proceeds and establishes the budget authority for the two transactions. Recommendation: Staff recommends approval. Attachments: Memo Ordinance City of Brookings Printed on 4/14/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Erick Rangel, Chief Financial Officer; Dusty Rodiek, Parks & Recreation Director; Susan Rotert, HR Director Council Meeting: March 22, 2022 / April 19, 2022 Subject: Ordinance 22-011: Budget Amendment #3 to the 2022 Budget Presenter: Erick Rangel, Chief Financial Officer Summary: The Parks & Recreation Department has received a donation from the Brookings Ice Staking Association (BISA) to be applied to the purchase of an upgraded Daktronics video board/scoreboard system. Additionally, the City will partner with the Human Rights Commission in the purchasing of additional diversity signs. This Ordinance supplements the budget to utilize the donation proceeds and establishes the budget authority for the two transactions. Background: The video board system will be installed in the First Bank & Trust Rink. The video equipment will be a permanent fixture in the facility and will be listed in the City’s fixed asset inventory. The City also proposes to allocate funds to continue supporting the Human Rights Commission’s goal of promoting educational activities to make Brookings an inclusive and welcoming community. Item Details: BISA has raised 100% of the funding needed for the purchase of this equipment. The total donation amount is $164,000 and will be split into two phases: 1. $49,200 as the first installment to be paid to the manufacturer to ensure that the equipment is placed in the production schedule. 2. After the installation of the video board system in the Larson Ice Arena is complete, the balance of $114,800 will be paid to Daktronics and will be supported by a second donation from the Brookings Ice Staking Association. The City will act as the purchasing agent for this transaction, as the video board system will be in a City-owned facility. The City’s legal counsel has determined that this purchase qualifies for Sole Source Procurement; thus, it is excluded from competitive bidding requirements. The City Manager recommends the use of the City’s Contingency fund to allocate $2,000 to the Human Rights Commission’s budget to match the purchase of additional diversity signs. Legal Consideration: None. Strategic Plan Consideration: This action supports fiscal responsibility by increasing budget authority for anticipated expenditures and adding transparency regarding the receipt of grants and donations. The second proposed action supports the City’s goals of fostering a safe, inclusive and connected community. Financial Consideration: As it relates to the video board, this action will increase the revenue and expenditure budgets for the Larson Ice Arena in the CIP Fund. The second item in this amendment will re-allocate $2,000 from the City Manager’s Contingency into the Human Rights Commission’s budget. The implementation of both items has no incremental impact in the City’s 2022 budget. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Memo Ordinance Ordinance 22-011 An Ordinance Authorizing Budget Amendment No. 3 to the 2022 Budget Be It Ordained by the City of Brookings, South Dakota: Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a)) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it becomes due. Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following budget adjustments to the 2022 budget: All ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: March 22, 2022 Second Reading: April 19, 2022 Published: CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Increase/ (Decrease) Justification 213-000-4-446-10 Donations 164,000$ Donation from BISA to fund Video Board System $ 164,000 213-000-5-940-04 Parks & Rec Improvements 164,000$ Increase expenditure budget authority for Video Board System $ 164,000 CIP Fund - Video Board System Total Donations Received Total Expenditures Increase/ (Decrease) Justification 101-405-5-856-99 Contingency Fund (2,000)$ Allocate contingency funds to HRC's budget $ (2,000) 101-495-5-856-19 Human Rights Commission 2,000$ Increase expenditure budget authority for Diversity Signs $ 2,000 Total Expenditures General Fund - Diversity Signs Total Contingency Allocation