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Home My WebLink About2022_04_26 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 26, 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. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 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 22-0179 Action to approve City Council minutes. 4/19/2022 MinutesAttachments: 5.B.RES 22-033 Action on Resolution 22-033, a Resolution authorizing the Brookings Page 1 City of Brookings April 26, 2022City Council Meeting Agenda - Final Summer Arts Festival Committee to have exclusive use of Pioneer Park from July 5-12, 2022. ResolutionAttachments: 6. Presentations/Reports: 6.A.ID 22-0171 Recognition of Council Members Patty Bacon and Leah Brink. 6.B.ID 22-0172 Proclamation: National Travel and Tourism Week - May 2-7, 2022 ProclamationAttachments: 6.C.ID 22-0182 Proclamation: Small Business Week - May 1-7, 2022 ProclamationAttachments: 6.D. SDSU Student Association Report. 7. Contracts/Change Orders: 7.A.RES 22-035 Action on Resolution 22-035, a Resolution Awarding Bids on Project 2022-08STI Street Maintenance and Overlay Project. Memo Resolution Map 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 22-012 Introduction and First Reading on Ordinance 22-012, an Ordinance Amending Sections 6-141, 6-146 and 6-149 of the Code of Ordinances of the City of Brookings, South Dakota, and Pertaining to Commercial Pedal Cars in the City of Brookings, South Dakota. Second Reading: May 10, 2022. Memo Ordinance - clean Ordinance - marked Ordinance 18-017 Attachments: 9. Public Hearings and Second Readings: 9.A.ORD 22-013 Second Reading and Action on Ordinance 22-013, an Ordinance Authorizing Budget Amendment No. 4 to the 2022 Budget. Page 2 City of Brookings April 26, 2022City Council Meeting Agenda - Final Memo Ordinance Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 4/19/22 City Council read into the record 9.B.ORD 22-014 Public Hearing and Action 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. 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: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 4/19/22 City Council read into the record 9.C.ORD 22-015 Public Hearing and Action 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. Memo Ordinance Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Location Map Conditional Use Permit Application Site Plan Building Elevations Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 4/19/22 City Council read into the record Page 3 City of Brookings April 26, 2022City Council Meeting Agenda - Final 9.D.ORD 22-016 Public Hearing and Action 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. Memo Ordinance Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Location Map Conditional Use Permit Application Major Home Occupation Checklist Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 4/19/22 City Council read into the record 10. Other Business: 10.A.ID 22-0183 Action on a Preliminary Plat for Blocks 1-3 in Northern Plains Addition. Memo Legal Notice - Planning Commission Planning Commission Minutes Preliminary Plat Site Grading Plan Location Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 10.B.RES 22-034 Action on Resolution 22-034, a Resolution authorizing a loan from the General Fund to the Tax Increment District Number One (#1) to fund the South Dakota State University Research Park sanitary sewer system upgrade. Memo Resolution 22-034 Resolution 34-07 - TIF #1 Original Creation Resolution 20-089 - TIF #1 Plan Amendment TIF#1 Plan TIF#1 Boundary Maps TIF #1 Loan Payments Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 10.C.RES 22-037 Action on Resolution 22-037, a Resolution of the City of Brookings to enter into a Cooperative Purchasing Agreement through Sourcewell for an Page 4 City of Brookings April 26, 2022City Council Meeting Agenda - Final HVAC Replacement and a Controls Upgrade. Memo Resolution Agreement Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 11.ID 22-0181 City of Brookings Progress Report. 12. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any topic at a future meeting. Items cannot be added for action at this meeting. A motion and second is required which states the topic, requested outcome, and time frame. A majority vote is required. 13. Adjourn. Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Patty Bacon, Leah Brink, Joey Collins, Holly Tilton Byrne, Brookings City Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk Public Comment is limited to a maximum of three minutes per person during the meeting. Individuals are asked to give their name and address for the record. Public Comment may be submitted prior to the meeting: 1) Email comments to the City Clerk (bfoster@cityofbrookings-sd.gov), 2) participate via Zoom, or 3) via eComment (https://cityofbrookings.legistar.com/Calendar.aspx ). Those who provide comments in any manner should understand their comments will become part of the official record and subject to review by all parties and the public. Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government Channel 9 Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting. Page 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 22-0179,Version:1 Action to approve City Council minutes. Attachments: 04/19/2022 City Council Minutes City of Brookings Printed on 4/21/2022Page 1 of 1 powered by Legistar™ Brookings City Council April 19, 2022 (unapproved) The Brookings City Council held a meeting on Tuesday, April 19, 2022 at 6:00 PM, at the Brookings City & County Government Center, Chambers, with the following City Council members present: Mayor Oepke Niemeyer, Council Members Leah Brink, Patty Bacon, Nick Wendell, Holly Tilton Byrne, and Joey Collins. Absent: Council Member Wayne Avery. City Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster were also present. 5:30 PM Election Canvass Bonnie Foster, City Clerk, provided Election Canvass details for the April 12, 2022 Combined Municipal / School Board Election for City Council and members of the public. 6:00 PM REGULAR MEETING Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that the agenda be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins; Absent: 1 - Avery. Open Forum. Fire Chief Pete Bolzer provided an update on severe weather warnings and watches, and storm shelter availability in the City of Brookings to the City Council and public. Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that the consent agenda be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins; Absent: 1 - Avery. A. Action to approve the March 22, March 23, and March 31, 2022 City Council Minutes. B. Action on Resolution 22-028, a Resolution Canvassing the April 12, 2022 Combined Brookings Municipal / School Board Election. 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: (*Note: 405 School-only ballots were cast in this election.) C. Action on Resolution 22-027, a Resolution declaring surplus property for the City of Brookings. 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 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 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, 672TJA0989, 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 Bro okings, SD, that this property be declared surplus property according to SDCL Chapter 6 -13. D. Action on Volunteer Board, Committee, and Commission appointments. Airport Board: reappoint Lynn Riedesel (term expires 5/1/2027); Brookings Disability Awareness Committee: appoint Nusrat M Qurashi (Emma), College Student Representative (term expires 5/1/2023); Historic Preservation Commission: appoint Nathaniel Condelli (term expires 1/1/2023); Human Rights Commission: appoint Nusrat M Qurashi (Emma), College Student Representative (term expires 5/1/2023); Park & Recreation Board: reappoint Ashley Ragsdale, Erika Saunders, John Maynes (terms expire 5/1/2025), reappoint Isaac Schulte as the High School Student Representative (term expires 5/1/2023); and appoint Lindsay Borer as the College Student Representative (term expires 5/1/2023); Sustainability Council: appoint Anthony Shanks and Kiley Rath (terms expire 1/1/2024), and appoint Gabrielle Bolwerk as the College Student Representative (term expires 5/1/2023); Utility Board: reappoint Doug Carruthers (term expires 5/1/2027). 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. Recognition of National Volunteer Week: April 18-22, 2022. Mayor Niemeyer read a Thank You to all City volunteers. Mayoral Thank You 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. Resolution 22-025. A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, that Resolution 22-025, a Resolution Awarding Bids on 2022- 06STI Chip Seal Project, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins; Absent: 1 - Avery. 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. Resolution 22-029. A motion was made by Council Member Collins, seconded by Council Member Tilton Byrne, that 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, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins; Absent: 1 - Avery. 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. Resolution 22-030. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that 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, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins; Absent: 1 - Avery. 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. FIRST READING – Ordinance 22-013. An introduction and first reading was held on Ordinance 22-013, an Ordinance Authorizing Budget Amendment No. 4 to the 2022 Budget. Second Reading and Action: April 26, 2022. FIRST READING – Ordinance 22-014. An introduction and first reading was held 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. FIRST READING – Ordinance 22-015. An introduction and first reading was held 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. FIRST READING – Ordinance 22-016. An introduction and first reading was held 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. Ordinance 22-011. A motion was made by Council Member Tilton Byrne, seconded by Council Member Bacon, that Ordinance 22-011, an Ordinance Authorizing Budget Amendment No. 3 to the 2022 Budget, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins; Absent: 1 - Avery. Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council Member Collins, that the meeting be adjourned at 6:32 p.m. The motion carried by a unanimous vote. 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 22-033,Version:1 Action on Resolution 22-033, a Resolution authorizing the Brookings Summer Arts Festival Committee to have exclusive use of Pioneer Park from July 5-12, 2022. Summary: The Brookings Summer Arts Festival Committee annual requests exclusive use of Pioneer Park for their annual event “The Brookings Summer Arts Festival.” This Resolution will grant the BSAF exclusive use of the park and its facilities from July 5 - July 12, 2022. The dates for the Brookings Summer Arts Festival are July 9-10, 2022. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 4/22/2022Page 1 of 1 powered by Legistar™ Resolution 22-033 A Resolution authorizing the Brookings Summer Arts Festival Committee to have Exclusive Use of Pioneer Park Whereas, the Brookings Summer Arts Festival will be held in Pioneer Park on July 9-10, 2022; and Whereas, the Summer Arts Festival Committee has requested the exclusive use and control of Pioneer Park and its facilities for said festival, plus additional days for preparation and takedown; and Whereas, the Summer Arts Festival Committee will provide evidence of liability insurance coverage including the City of Brookings as named insured; and Whereas, the Summer Arts Festival Committee has agreed to accept responsibility for the conduct of the Summer Arts Festival on said premises. Now, Therefore, Be It Hereby Resolved, that the use of Pioneer Park and its facilities as a public park shall terminate for the period of July 5 through July 12, 2022. Be It Further Resolved, that the City Council does hereby grant the exclusive use of Pioneer Park and its facilities during the Brookings Summer Arts Festival to the Summer Arts Festival Committee. Further, It Is Resolved, that the Summer Arts Festival Committee shall be responsible for maintaining said facilities and cleaning them and returning them to the City of Brookings in good condition following the festival. Passed and approved this 26th 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 #:ID 22-0171,Version:1 Recognition of Council Members Patty Bacon and Leah Brink. Summary: Council Member Patty Bacon has served the City of Brookings for 13 years in a variety of leadership roles: ·City Council Member: May 2015 - May 2022 ·Deputy Mayor: June 2019 - June 2021 ·Brookings Health Systems Board of Trustees: June 2020 - April 2022 ·Joint Powers Board: June 2015 - June 2016 ·Brookings Municipal Utilities Board: June 2017 - June 2020 ·BEDC Investment Committee: June 2020 - April 2022 ·East Central Communications Council (E-911): June 2017 - June 2021 ·Affordable Housing Task Force: January 2016 - June 2018 ·Brookings Human Rights Committee: 11/17/2009 - 5/2015 Council Member Leah Brink has served the City of Brookings for 9 years in a variety of leadership roles: ·City Council Member: May 2019 - May 2022 ·Brookings Health Systems Board of Trustees: May 2019 - May 2022 ·Joint Powers Board: May 2019 - May 2022 ·BEDC Investment Committee: May 2019 - May 2022 ·Planning Commission: December 2018 - May 2019 ·Public Arts Commission: June 2016 - January 2019 ·Brookings Historic Preservation Commission: June 2013 - May 2019 Thank you Patty and Leah for your years of service to the City of Brookings! City of Brookings Printed on 4/21/2022Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0172,Version:1 Proclamation: National Travel and Tourism Week - May 2-7, 2022 Summary: Visit Brookings staff will be accepting the Proclamation. Attachments: Proclamation City of Brookings Printed on 4/21/2022Page 1 of 1 powered by Legistar™ MAYORAL PROCLAMATION City of Brookings, South Dakota WHEREAS, tourism fosters vibrant communities, drives innovation, and powers the economy as one of South Dakota’s top industries; and WHEREAS, during 2021, 13.5 million visitors came to South Dakota spending $4.4 billion in our state, which generated $345 million in taxes to help pay for things like parks, streets, police and fire protection; and WHEREAS, thanks to the tourism industry, each household in South Dakota saves $980 per year in taxes; and WHEREAS, visitors to Brookings County spent $92.8 million on lodging, food and beverage, recreation, retail, and transportation in 2021 and generated $7.6 million in state and local taxes for our community; and WHEREAS, the tourism industry supports 1,209 jobs in Brookings with an annual payroll of $25.4 million for residents in our community; and WHEREAS, Visit Brooking is the official destination marketing and promotion organization for tourism in Brookings with staff working diligently to promote our community to travelers coming to try our restaurants, see our attractions, and participate in tournaments, meetings, and events. NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim May 2 - 7 as NATIONAL TRAVEL & TOURISM WEEK IN WITNESS WHEREOF, I have placed the Seal of the City of Brookings, State of South Dakota, this 26th day of April, 2022. Oepke G. Niemeyer, Mayor City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0182,Version:1 Proclamation: Small Business Week - May 1-7, 2022 Summary: Brookings Area Chamber of Commerce will be accepting the Proclamation. Attachments: Proclamation City of Brookings Printed on 4/21/2022Page 1 of 1 powered by Legistar™ MAYORAL PROCLAMATION City of Brookings, South Dakota WHEREAS, America’s strongest economic growth in almost 40 years has been driven by the resilience of our small businesses who, despite a world-wide pandemic, continue to pioneer innovative solutions and create opportunities; and WHEREAS, from the storefront shops to the small manufacturers, small businesses are the backbone of our economy and the cornerstones of our nation’s promise; and WHEREAS, when we support small business, we help cre ate jobs, and ensure Brookings remains as vibrant tomorrow as it is today ; and WHEREAS, because small businesses create nearly two out of three jobs in our economy, we cannot resolve ourselves to create jobs and spur economic growth without discussing ways to support our entrepreneurs; and WHEREAS, the President of the United States has proclaimed National Small Business Week every year since 1963 and Brookings supports and joins this national effort. NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim May 1 – May 7 as SMALL BUSINESS WEEK IN WITNESS WHEREOF, I have placed the Seal of the City of Brookings, State of South Dakota, this 26th day of April, 2022. Oepke G. Niemeyer, Mayor City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 22-035,Version:1 Action on Resolution 22-035, a Resolution Awarding Bids on Project 2022-08STI Street Maintenance and Overlay Project. Summary: This resolution will award the 2022-08STI Street Maintenance and Overlay Project to Bowes Construction Co., Brookings, SD, for the low bid of $1,947,515.05. The low bid is approximately 8% lower than the engineer’s estimate of $2,116,082.28. The project will be ongoing throughout the summer and will be completed by the end of October 2022. Recommendation: Staff recommends approval. Attachments: Memo Resolution Map City of Brookings Printed on 4/21/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Charlie Richter, City Engineer Council Meeting: April 26, 2022 Subject: Resolution 22-035: Awarding Bids on Project 2022-08STI Street Maintenance and Overlay Project. Person(s) Responsible: Charlie Richter, City Engineer Summary: This resolution will award the 2022-08STI Street Maintenance and Overlay Project to Bowes Construction Co., Brookings, SD, for the low bid of $1,947,515.05. The low bid is approximately 8% lower than the engineer’s estimate of $2,116,082.28. The project will be ongoing throughout the summer and will be completed by the end of October 2022. Background: This project is the Annual Street Maintenance Project, which includes asphalt milling, digouts and overlays on various streets in Brookings that are in need of repair. This year, the project also includes sidewalk ramp upgrades and new fillets as a larger combined project. Brookings Municipal Utilities also added some combined work on this project to install water main and replace sanitary sewer manholes during the street construction. The areas identified for repair this year include:  3rd Street from 17th Avenue to 22nd Avenue: mill & overlay and sidewalk ramp upgrades  14th Avenue from 6th Street to 8th Street: water main replacement and reclamation and reconstruction of the street  2nd Street from Medary Avenue to 16th Avenue: curb and gutter patching and mill & overlay  8th Street South from Main Avenue to Medary Avenue: mill and overlay and new pavement marking  Martin Boulevard east of Rhonda Road: digout small section of road to install drain tile to address structural issues of the road  17th Avenue Railroad crossing: the railroad will be installing new crossing gates and in conjunction, the city will be replacing some sidewalk  Medary Avenue from 7th Street to 11th Street: mill and overlay and new pavement marking  8th Street from Medary Avenue to 14th Avenue: mill and overlay  Jackrabbit Avenue from 6th Street to 8th Street: reclaim pavement section and replace some sidewalk ramps and alley approach.  7th Street from Medary Avenue to Jackrabbit Avenue: replacement and upgrades to sidewalk ADA ramps  Alley running east and west between 8th Street and 9th Street connecting 7th Avenue to 6th Avenue: mill and overlay Item Details: The bid letting for this project was held on Tuesday, April 19, 2022 and the City received the following bids: Staff reviewed the bid prices in comparison to bids received in previous years. The low bid prices were similar to 2021 bid prices, although oil prices are higher this year. The total low bid of Bowes Construction Co., Inc., for $1,947,515.05 is approximately 8% lower than the engineer’s estimate of $2,116,082.28. Legal Consideration: None Strategic Plan Consideration: Sustainability: The street maintenance program furthers the accomplishment of City Council Strategic Initiative of Maintaining Facilities with a Sustainable Plan. The asphalt material that is milled from the street surfacing is used in the hot asphalt mix that is placed in the overlay, thereby recycling the amount of virgin aggregate material and using less percentage of oil in the mix. The asphalt overlays will extend the life of the streets and reduce the need for a full reconstruction of the streets. Financial Consideration: The City will enter into a contract with Bowes Construction Co, Inc. for the total low bid amount of $1,947,515.05. In addition, the work completed for Schedule B as well as some work in Schedule A will be paid for Brookings municipal Utilities as part of their water main replacement project. The total for this work is estimated to be $409,425.00 bringing the City’s portion of the project to $1,538,090.05. The project is within the City’s Street Maintenance budget for 2022. 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 2022-08STI Street Maintenance & Overlay Project Bowes Construction, Inc. Asphalt Surfacing Company Duininck, Inc. Engineer's Estimate Schedule A: City Street Work $1,560,329.50 $1,820,033.75 $2,069,784.55 $1,760,145.53 Alternative A1: Grooving for Pavement Marking $21,149.35 $23,339.55 $21,919.75 $27,606.75 Alternative A2: Thermoplastic Pavement Marking $21,990.75 $24,116.25 $21,255.00 $23,217.00 Schedule B: BMU Water Main $344,045.45 $424,275.45 $387,243.00 $305,113.00 Total of All Schedules $1,947,515.05 $2,291,765.00 $2,500,202.30 $2,116,082.28 Resolution 22-035 Resolution Awarding Bids on 2021-08STI Street Maintenance and Overlay Project; Bowes Construction, Inc. Whereas, the City of Brookings opened bids for 2022-08STI Street Maintenance and Overlay Project on Tuesday, April 19, 2022 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for the 2022-08STI Street Maintenance and Overlay Project: Schedule A (Street Maintenance): Bowes Construction - $1,560,326.50, Asphalt Surfacing Company - $1,820,033.75, Duininck Inc. - $2,069,784.55; Alternative A1(Pavement Marking Grooving): Bowes Construction - $21,149.35, Asphalt Surfacing Company - $23,339.55, Duininck Inc. - $21,919.75; Alternate A2 (Thermoplastic Pavement Marking): Bowes Construction - $21,990.75, Asphalt Surfacing Company - $24,116.25, Duininck Inc. - $21,255.00; Schedule B (BMU Water Main): Bowes Construction - $344,045.45, Asphalt Surfacing Company - $424,275.45, Duininck Inc. - $387,243.00. Total of All Schedules and Alternates: Bowes Construction – $1,947,515.05, Asphalt Surfacing Company –$2,291,765.00, Duininck Inc. - $2,500,202.30 Now Therefore, Be It Resolved that the total low bid with both alternates being awarded of $1,947,515.05 for Bowes Construction Co., Inc., be accepted. Passed and approved this 26th day of April, 2022. CITY OF BROOKINGS ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk WESTERN AV. SO.SEVENTH AV. SO.TWENTIETH ST. SO.W. 16TH AV. SO. / 469TH AV.WESTERN AV. SO.WESTERN AV.MEDAMAIN AV. SO.SEVENTEENTH AV. SO.TWELFTH ST. SO.INTERSTATE NO. 29TWENTY-SECOND ATHIRTY-SUNIVERSITY BLVD.THIRD ST.FIFTEENTH ST. SO.W. EIGHTH ST.SECOND ST.ORCHARD DR.FIFTH ST. SO.EIGHTH ST. SO.EIGHTH ST.2022-08STI StreetMaintenance &Overlay ProjectValley View Pk SwlkMartin Blvd Repair8th St S M&O17th Ave RR Xing Swlk2nd St M&O3rd St M&O, Ramp/FilletIntersections (4), Drop InletJackrabbit M&O,Ramp/Fillet IntersectionMedary Ave M&OAlley M&O8th St M&O14th Ave Watermain Replacement7th St Ramp/Fillet Intersections (6) 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 22-012,Version:1 Introduction and First Reading on Ordinance 22-012,an Ordinance Amending Sections 6-141,6-146 and 6-149 of the Code of Ordinances of the City of Brookings,South Dakota,and Pertaining to Commercial Pedal Cars in the City of Brookings, South Dakota. Second Reading: May 10, 2022. Summary: Adoption of the proposed Ordinance will allow the use of a motor assist on the pedal car, which is standard equipment to assist in getting a pedal car moving from a standing position. The ordinance will also remove the percentage of alcohol that a malt beverage or wine may contain, since the percentage of alcohol contained in these beverage varies. Also, those possessing a driver’s license from other States will also be authorized to operate the pedal car. Recommendation: Staff recommends approval. Attachments: Memo Ordinance - clean Ordinance - marked Ordinance 18-017 City of Brookings Printed on 4/21/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Steven J. Britzman, Brooking City Attorney Council Meeting: April 26, 2022 Subject: Proposed Revisions to Pedal Car Ordinance Person(s) Responsible: Steven J. Britzman, Brooking City Attorney Summary/Background: The City of Brookings permits Commercial Pedal Cars, which are vehicles primarily propelled by human power and contain at least 4 seats. The Pedal Car Ordinance has been in in effect for several years and has been used by one pedal car operator during those years without significant incident. Alcoholic beverage consumption is permitted while the commercial pedal car is being operated. In order to make our Commercial Pedal Car ordinance more workable, the attached ordinance was prepared to make minor changes to several sections. The Commercial Pedal Car ordinance permits a pedal car to be driven on public streets while its occupants also pedal and are permitted to consume alcoholic beverages as the non - motorized pedal car travels around. The changes recognize that commercial pedal cars typically have a “motor assist” which helps the pedal car go from a standing position to moving. The proposed ordinance change also removes the “percent of alcohol” content restriction, since malt and wine beverages have varying percentages of alcohol content. The proposed change does not permit any alcoholic beverage to be consumed while on a pedal car except beer, wine, hard cider and other malt-based beverages. Finally, the proposed ordinance removes the requirement that the operator of the pedal car have a South Dakota Driver’s license, since the operator may hold a valid driver’s license from another State. Adoption of the proposed Ordinance will allow the use of a motor assist on the pedal car, which is standard equipment to assist in getting a pedal car moving from a standing position. The ordinance will also remove the percentage of alcohol that a malt beverage or wine may contain, since the percentage of alcohol contained in these beverage varies. Also, those possessing a driver’s license from other States will also be authorized to operate the pedal car. Legal Procedure: None Item Details: The proposed ordinance only contains those sections of the ordinance which are being changed. The remainder of the pedal car ordinance is unaffected by the proposed changes. Legal Considerations: None Strategic Plan Consideration: The proposed ordinance will clarify key terms in the ordinance and improve the usability of the ordinance. Financial Considerations: None Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Refer to a Study Session 5. Discuss / take no action / table Staff recommends approval. Supporting Documentation: Ordinance – clean Ordinance – marked Ordinance 18-017 Ordinance 22-012 An Ordinance Amending Sections 6-141, 6-146 And 6-149 of the Code of Ordinances of the City of Brookings, South Dakota, and pertaining to Commercial Pedal Cars in the City of Brookings, South Dakota. Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows: That Sections 6-141, 6-146 and 6-149, pertaining to Commercial Pedal Cars, are hereby amended to read as follows: I. Sec. 6-141. Definitions. As used in this article, the following terms shall have the meanings indicated: Alcohol Beverages: Means any distilled spirits, wine and malt beverages as defined in SDCL Chapter 35. Commercial Pedal Car/ also known as a Quadricycle: A vehicle with fully operational pedals for propulsion primarily by human power (a motor assist may be utilized), that has four wheels and is operated in a manner similar to a bicycle, that is equipped with at least four (4) seats for passengers, that is designed to be occupied by a driver and passengers providing pedal power to the drive train of the vehicle, that is used for commercial purposes. Malt Beverages: Has the meaning set forth in SDCL 35-1-1(8). Wine and Wine Based Beverages: Has the meaning set forth in SDCL 35 -1-1(25). Sec. 6-146. Consumption of alcoholic beverages. (1) No alcohol beverage, other than beer, wine, hard cider or malt-based beverages may be consumed by passengers of a commercial pedal car. (2) The above restrictions shall apply whenever a pedal car is being used or operated. Sec. 6-149. Pedal car operator requirements. (1) The operator of a commercial pedal car must be twenty-one (21) years of age and must have a valid Driver's License to drive/operate a commercial pedal car in the City of Brookings. (2) No operator of a commercial pedal car may consume alcohol while the commercial pedal car is occupied by passengers. (3) No operator may operate a commercial pedal car while impaired in any manner which would violate SDCL 32-12A-43 (Operation of a commercial motor vehicle with any measurable or detectable amount of alcohol in syste m prohibited). (4) No operator may operate a commercial pedal car on which any alcohol beverages are carried or consumed other than beer, wine, hard -cider or malt based beverages. (5) The owner or operator of a commercial pedal car shall advise passengers that they may only consume beer, wine, hard -cider or malt based beverages on a pedal car. (6) No person shall operate a commercial pedal car if alcoholic beverages are present unless all passengers at all times are twenty-one (21) years of age. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: April 26, 2022 Second Reading: May 10, 2022 Published: CITY OF BROOKINGS, SOUTH DAKOTA ATTEST: Oepke G. Niemeyer, Mayor Bonnie Foster, City Clerk Ordinance 22-012 An Ordinance Amending Sections 6-141, 6-146 And 6-149 of the Code of Ordinances of the City of Brookings, South Dakota, and pertaining to Commercial Pedal Cars in the City of Brookings, South Dakota. Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows: That Sections 6-141, 6-146 and 6-149, pertaining to Commercial Pedal Cars, are hereby amended to read as follows: I. ARTICLE IV. COMMERCIAL PEDAL CARS Sec. 6-141. Definitions. As used in this article, the following terms shall have the meanings indicated: Alcohol Beverages: Means any distilled spirits, wine and malt beverages as defined in SDCL Chapter 35. Commercial Pedal Car/ also known as a Quadricycle: A vehicle with fully operational pedals for propulsion primarily entirely by human power (a motor assist may be utilized), that has four wheels and is operated in a manner simila r to a bicycle, that is equipped with at least f our (4) seats for passengers, that is designed to be occupied by a driver and passengers providing pedal power to the drive train of the vehicle, that is used for commercial purposes. Malt Beverages: Has the meaning set forth in SDCL 35-1-1(8). Wine and Wine Based Beverages: Has the meaning set forth in SDCL 35-1- 1(25). Sec. 6-142. Compliance with city ordinances. (1) Commercial pedal cars operating within the City shall also comply with Brookings Ordinance Chapter 82, Article XI, relating to bicycles. (2) Commercial pedal cars operating within the City shall also comply with Brookings Ordinance Chapter 6, which pertains to alcoholic beverages. Any alcoholic beverages sold in the City of Brookings shall be purchased in the City of Brookings. Sec. 6-143. Parking on sidewalk prohibited. No person shall park a commercial pedal car upon any sidewalk in the City. The pedal car may, however, occupy up to two diagonal parking spaces and may park parallel to the curb. Sec. 6-144. License required. No person shall drive or operate a commercial pedal car upon any street, sidewalk or other public place in the city without first registering and obtaining a city license for such commercial pedal car. Sec. 6-145. License application procedure. (1) Application for a license for a commercial pedal car shall be made by the owner of the pedal car to the city clerk, in writing, upon forms furnished by the city. Such application shall be signed by the owner and submitted to the city clerk for approval on an annual basis. The fee for an annual license shall be set by resolution of the City Council an d paid to the City prior to issuance of the license. Such license shall be issued in January each year, or thereafter when applied for, and shall expire on the 31st day of December following its issuance. (2) Upon payment of the necessary fees and approval of the City Manager or the designee of the City Manager, the City may issue or cause to be issued a license for the owner. Transfer of the license to another person is prohibited. (3) Revocation. A license may be revoked by the city clerk or the designee of the city clerk at the request of the City Manager or Police Chief for any of the following reasons: (a) Failure to comply with any of the provisions of this Article; (b) Violating any State statute or City ordinance. (4) Any applicant whose license has been denied or revoked under the provisions of this section may appeal said denial or revocation to the City Manager. Sec. 6-146. Consumption of alcoholic beverages. (1) No alcohol beverage, other than beer, wine, hard cider or malt-based beverages below six (6) percent alcohol content may be consumed by passengers of a commercial pedal car. (2) The above restrictions shall apply whenever a pedal car is being used or operated. Sec. 6-147. Equipment requirements. Commercial pedal cars operating within the City shall be equipped with the following: (1) Lighting on the vehicle which shall be the following: (a) A light on the front which shall emit a white light visible from a distance of 300 feet to the front. (b) A taillight mounted on the rear, which when lighted shall emit a red light plainly visible from a distance of 500 feet to the rear. (c) A brake light on the rear which shall emit a red light and which shall be actuated upon application of the service (foot) brake and which may, but need not, be incorporated with a taillight. Every brake light shall be plainly visible from a distance of 300 feet to the rear, both during normal sunlight and at nighttime. (2) Rear signage which shall conform with those standards and specifications adopted for slow-moving vehicles by the American Society of Agricultural Engineers standard ASAE S276.3, or shall be an emblem of the same shape and size painted on such vehicle in a bright and conspicuous retro reflective red orange paint. Such emblem shall be mounted on the rear of a pedal car, in the approximate horizontal geometric center of the vehicle, at a height of three to five feet above the roadway, and shall be maintained at all times in a clean and reflective condition. (3) A mirror capable of showing the driver a view of the roadway for a distance of 200 feet to the rear of the vehicle. (4) A braking system, operable by the driver, that is capable of overriding all methods of propulsion and bringing the vehicle to a complete stop. (5) No commercial pedal car drivers shall permit more passengers to be carried in a commercial pedal car than the commercial pedal car’s normal seating capacity. Sec. 6-148. Insurance requirements. All pedal cars operating for commercial purposes must maintain the following insurance: (1) No owner of a commercial pedal car or any other person shall operate or authorize any other person to operate a pedal car for commercial purposes within the City of Brookings unless the owner has in effect a policy of comprehensive general liability insurance issued by an insurance company duly authorized to do business in the State of South Dakota, which policy provides for the payment of damages for bodily injury or death of a person, and for injury to or destruction of property of a person or entity, due to the liability of the owner or operator of a pedal car arising out of the ownership, operation, use, or maintenance of a pedal car. The policy shall provide coverage with limits in an amount of not less than $1,000,000 per accident. The policy shall provide that the insurer shall give notice of any cancellation or nonrenewal of the policy. (2) The owner of a pedal car shall provide to the city clerk a copy of the certificate of insurance required by subparagraph (1) above. Failure to comply with this provision shall result in the immediate suspension of the owner's rights and privileges to operate the pedal car commercially within the city. Sec. 6-149. Pedal car operator requirements. (1) The operator of a commercial pedal car must be twenty-one (21) years of age and must have a valid South Dakota Driver's License to drive/operate a commercial pedal car in the City of Brookings. (2) No operator of a commercial pedal car may consume alcohol while the commercial pedal car is occupied by passengers. (3) No operator may operate a commercial pedal car while impaired in any manner which would violate SDCL 32-12A-43 (Operation of a commercial motor vehicle with any measurable or detectable amount of alcohol in system prohibited). (4) No operator may operate a commercial pedal car on which any alcohol beverages are carried or consumed other than beer, wine, hard-cider or malt based beverages. (5) The owner or operator of a commercial pedal car shall advise passengers that they may only consume beer, wine, hard-cider or malt based beverages on a pedal car. (6) No person shall operate a commercial pedal car if alcoholic beverages are present unless all passengers at all times are twenty-one (21) years of age. Sec. 6-150. Pedal car passenger requirements. (1) No passenger may occupy a commercial pedal car on a seat equipped with a pedal unless such person is physically able to sit upright in the seat and operate the pedals which power the vehicle. (2) No alcohol beverages shall be possessed, carried upon or consumed on a commercial pedal car if any passenger has not attained the age of twenty-one (21). Sec. 6-151. Glass beverage containers prohibited. No glass beverage containers shall be carried upon a commercial pedal car while operated on the public right-of-way. Sec. 6-152. Hours of operation. A commercial pedal car may operate between the hours of 10:00 a.m. to 12:00 a.m. daily. Upon the approval of a written request to the City Manager, the hours of operation may be extended for special events. Sec. 6-153. Pedal car route. (1) The City Manager or designee of the City Manager shall establish the pedal car route and the operator shall adhere to the approved pedal car route. (2) The plan of operation of a licensed commercial pedal car shall be reviewed by City staff as determined by the City Manager. The plan of operation must include the route in which the pedal car shall routinely operate and may include a description of procedures for notifying police or other authorities when anticipated operation of a commercial pedal car deviates from its customary routes. In any event, the pedal car route shall comply with the route approved by the City Manager. (3) Operation of a pedal car upon residential streets or upon or adjacent to the SDSU Campus is prohibited unless the permitted route authorizes travel upon a specific residential street or in the case of streets adjacent to the SDSU campus, after consideration of the approval by SDSU empowered officials. Sec. 6-154. Failure of a licensee to comply with the regulations of this section shall constitute grounds for nonrenewal, suspension or revocation of the license. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: Second Reading: Published: CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk ORDINANCE N0.18-017 AN ORDINANCE PERTAINING TO THE USE OF COMMERCIAL PEDAL CARS IN THE CITY OF BROOKINGS, SOUTH DAKOTA. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS, SOUTH DAKOTA, AS FOLLOWS: I. ARTICLE IV. COMMERCIAL PEDAL CARS Sec. 6-141. Definitions. As used in this article, the following terms shall have the meanings indicated: Alcohol Beverages: Means any distilled spirits, wine and malt beverages as defined in SDCL Chapter 35. Commercial Pedal Car/ also known as a Quadricycle: A vehicle with fully operational pedals for propulsion entirely by human power, that has four wheels and is operated in a manner similar to a bicycle, that is equipped with at least four ( 4) seats for passengers, that is designed to be occupied by a driver and passengers providing pedal power to the drive train of the vehicle, that is used for commercial purposes. Malt Beverages: Has the meaning set forth in SDCL 35-1-1 (8). Wine and Wine Based Beverages: Has the meaning set forth in SDCL 35-1-1(25). Sec. 6-142. Compliance with city ordinances. (1) Commercial pedal cars operating within the City shall also comply with Brookings Ordinance Chapter 82, Article XI, relating to bicycles. (2) Commercial pedal cars operating within the City shall also comply with Brookings Ordinance Chapter 6, which pertains to alcoholic beverages. Any alcoholic beverages sold in the City of Brookings shall be purchased in the City of Brookings. Sec. 6-143. Parking on sidewalk prohibited. No person shall park a commercial pedal car upon any sidewalk in the City. The pedal car may, however, occupy up to two diagonal parking spaces and may park parallel to the curb. Sec. 6-144. License required. No person shall drive or operate a commercial pedal car upon any street, sidewalk or other public place in the city without first registering and obtaining a city license for such commercial pedal car. Sec. 6-145. License application procedure. (1) Application for a license for a commercial pedal car shall be made by the owner of the pedal car to the city clerk, in writing, upon forms furnished by the city. Such application shall be signed by the owner and submitted to the city clerk for approval on an annual basis. The fee for an annual license shall be set by resolution of the City Council and paid to the City prior to issuance of the license. Such license shall be issued in January each year, or thereafter when applied for, and shall expire on the 31st day of December following its issuance. (2) Upon payment of the necessary fees and approval of the City Manager or the designee of the City Manager, the City may issue or cause to be issued a license for the owner. Transfer of the license to another person is prohibited. (3) Revocation. A license may be revoked by the city clerk or the designee of the city clerk at the request of the City Manager or Police Chief for any of the following reasons: (a) Failure to comply with any of the provisions of this Article; (b) Violating any State statute or City ordinance. (4) Any applicant whose license has been denied or revoked under the provisions of this section may appeal said denial or revocation to the City Manager. Sec. 6-146. Consumption of alcoholic beverages. (1) No alcohol beverage, other than beer, wine, hard cider or malt-based beverages below six (6) percent alcohol content may be consumed by passengers of a commercial pedal car. (2) The above restrictions shall apply whenever a pedal car is being used or operated. Sec. 6-147. Equipment requirements. Commercial pedal cars operating within the City shall be equipped with the following: (1) Lighting on the vehicle which shall be the following: (a) A light on the front which shall emit a white light visible from a distance of 300 feet to the front. (b) A taillight mounted on the rear, which when lighted shall emit a red light plainly visible from a distance of 500 feet to the rear. (c) A brake light on the rear which shall emit a red light and which shall be actuated upon application of the service (foot) brake and which may, but need not, be incorporated with a taillight. Every brake light shall be plainly visible from a distance of 300 feet to the rear, both during normal sunlight and at nighttime. (2) Rear signage which shall conform with those standards and specifications adopted for slow-moving vehicles by the American Society of Agricultural Engineers standard ASAE S276.3, or shall be an emblem of the same shape and size painted on such vehicle in a bright and conspicuous retro reflective red orange paint. Such emblem shall be mounted on the rear of a pedal car, in the approximate horizontal geometric center of the vehicle, at a height of three to five feet above the roadway, and shall be maintained at all times in a clean and reflective condition. (3) A mirror capable of showing the driver a view of the roadway for a distance of 200 feet to the rear of the vehicle. (4) A braking system, operable by the driver, that is capable of overriding all methods of propulsion and bringing the vehicle to a complete stop. (5) No commercial pedal car drivers shall permit more passengers to be carried in a commercial pedal car than the commercial pedal car's normal seating capacity. Sec. 6-148. Insurance requirements. All pedal cars operating for commercial purposes must maintain the following insurance: (1) No owner of a commercial pedal car or any other person shall operate or authorize any other person to operate a pedal car for commercial purposes within the City of Brookings unless the owner has in effect a policy of comprehensive general liability insurance issued by an insurance company duly authorized to do business in the State of South Dakota, which policy provides for the payment of damages for bodily injury or death of a person, and for injury to or destruction of property of a person or entity, due to the liability of the owner or operator of a pedal car arising out of the ownership, operation, use, or maintenance of a pedal car. The policy shall provide coverage with limits in an amount of not less than $1,000,000 per accident. The policy shall provide that the insurer shall give notice of any cancellation or nonrenewal of the policy. (2) The owner of a pedal car shall provide to the city clerk a copy of the certificate of insurance required by subparagraph (1) above. Failure to comply with this provision shall result in the immediate suspension of the owner's rights and privileges to operate the pedal car commercially within the city. Sec. 6-149. Pedal car operator requirements. (1) The operator of a commercial pedal car must be twenty-one (21) years of age and must have a valid South Dakota Driver's License to drive/operate a commercial pedal car in the City of Brookings. (2) No operator of a commercial pedal car may consume alcohol while the commercial pedal car is occupied by passengers. (3) No operator may operate a commercial pedal car while impaired in any manner which would violate SDCL 32-12A-43 (Operation of a commercial motor vehicle with any measurable or detectable amount of alcohol in system prohibited). (4) No operator may operate a commercial pedal car on which any alcohol beverages are carried or consumed other than beer, wine, hard-cider or malt based beverages. ( 5) The owner or operator of a commercial pedal car shall advise passengers that they may only consume beer, wine, hard-cider or malt based beverages on a pedal car. (6) No person shall operate a commercial pedal car if alcoholic beverages are present unless all passengers at all times are twenty-one (21) years of age. Sec. 6-150. Pedal car passenger requirements. (1) No passenger may occupy a commercial pedal car on a seat equipped with a pedal unless such person is physically able to sit upright in the seat and operate the pedals which power the vehicle. (2) No alcohol beverages shall be possessed, carried upon or consumed on a commercial pedal car if any passenger has not attained the age of twenty-one (21). Sec. 6-151. Glass beverage containers prohibited. No glass beverage containers shall' be carried upon a commercial pedal car while operated on the public right-of-way. Sec. 6-152. Hours of operation. A commercial pedal car may operate between the hours of 10:00 a.m. to 12:00 a.m. daily. Upon the approval of a written request to the City Manager, the hours of operation may be extended for special events. Sec. 6-153. Pedal car route. (1) The City Manager or designee of the City Manager shall establish the pedal car route and the operator shall adhere to the approved pedal car route. (2) The plan of operation of a licensed commercial pedal car shall be reviewed by City staff as determined by the City Manager. The plan of operation must include the route in which the pedal car shall routinely operate and may include a description of procedures for notifying police or other authorities when anticipated operation of a commercial pedal car deviates from its customary routes. In any event, the pedal car route shall comply with the route approved by the City Manager. (3) Operation of a pedal car upon residential streets or upon or adjacent to the SDSU Campus is prohibited unless the permitted route authorizes travel upon a specific residential street or in the case of streets adjacent to the SDSU campus, after consideration of the approval by SDSU empowered officials. Sec. 6-154. Failure of a licensee to comply with the regulations of this section shall constitute grounds for nonrenewal, suspension or revocation of the license. II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: November 27, 2018 SECOND READING: December 11, 2018 PUBLISHED: December 14, 2018 CITY OF BROOKINGS, SOUTH DAKOTA Keith Corbett, Mayor City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 22-013,Version:2 Second Reading and Action on Ordinance 22-013, an Ordinance Authorizing Budget Amendment No. 4 to the 2022 Budget. 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 4/21/2022Page 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:2 Public Hearing and Action 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. 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 4/21/2022Page 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:2 Public Hearing and Action 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. 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 4/21/2022Page 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:2 Public Hearing and Action 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. 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 4/21/2022Page 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 #:ID 22-0183,Version:1 Action on a Preliminary Plat for Blocks 1-3 in Northern Plains Addition. Summary: Northern Plains Professional Properties, LLC, has submitted a preliminary plat of Blocks 1-3 in Northern Plains Addition. Recommendation: The Development Review Team recommends approval. Staff recommends approval. The Planning Commission voted 7 - 0 recommending approval of the preliminary plat contingent upon the submission and approval of a corresponding preliminary Drainage Plan. Attachments: Memo Legal Notice - Planning Commission Planning Commission Minutes Preliminary Plat Site Grading Plan Location Map City of Brookings Printed on 4/21/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: April 26, 2022 Subject: Preliminary Plat: Blocks 1-3, Northern Plains Addition Person(s) Responsible: Mike Struck, Community Development Director Summary: Northern Plains Professional Properties, LLC, has submitted a preliminary plat of Blocks 1-3 in Northern Plains Addition. Background: The applicant recently purchased a 5.75-acre parcel of land along South Main Avenue. The property has never been developed. The applicant is proposing a three block preliminary plat, of which two blocks would be platted for commercial use as currently zoned, and one block platted for residential based on a concurrent petition to rezone and conditional use permit application for townhouses. Item Details: Blocks 1-3 in Northern Plains Addition would include Block 1) a 80,965 square foot lot zoned Business B-2A Office District, Block 2) a 58,880 square foot lot zoned B-2A, and Block 3) a 107,638 square foot lot proposed for Residence R-2 Two-Family Zoning. There are no minimum frontage or square feet requirements for lots in the B-2A Zoning District. Minimum square footage for a lot zoned R-2 is based on the intended use. For townhouses (the proposed use), the minimum lot size is 16,000 square foot and 2,420 square foot is needed for each unit proposed. The lot meets the minimum requirement and units would be limited based on the size of the lot. The applicant is proposing two private drives, one along the northern most frontage of Main Avenue South which would provide direct access to Block 3 for future residences and one near the boundary of Blocks 1 and 2, which would also provide access to Main Avenue and connect with the first private drive to provide internal circulation. The applicant is working closely with the property owner to the north regarding drainage. Current drainage flows to the northeast and crosses the Greenbriar Apartment property. The applicant is seeking an easement on that property to build a drainage pipe which would tie into infrastructure along the new 15th Street. If the easement is not attained, the new development would require an increased detention pond which would drain over the Greenbriar Apartment property as it currently does. The preliminary plat requires a preliminary Drainage Plan which has not yet been received for review. Legal Consideration: None Strategic Plan Consideration: Economic Growth – the preliminary plat will add two business/office blocks and one residential block which allows for both commercial and residential growth on an infill lot. 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 preliminary plat contingent upon the submission and approval of a corresponding preliminary Drainage Plan. Supporting Documentation: Legal Notice - Planning Commission Planning Commission Minutes Preliminary Plat Site Grading Plan Location Map If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. NOTICE OF HEARING ON A PRELIMINARY PLAT NOTICE IS HEREBY GIVEN that Northern Plains Professional Properties LLC has submitted a preliminary plat of the following described real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: Blocks 1-3 in Northern Plains Addition NOTICE IS FURTHER GIVEN that said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, April 5, 2022, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 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 #4a – Northern Plains Professional Properties LLC submitted a preliminary plat of Blocks 1, 2 and 3 in Northern Plains Addition. (Jorgenson/Solum) Motion to approve the preliminary plat pending approval of the final drainage plan. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #4a – This is a preliminary plat for 3 Blocks in the Northern Plains Addition located along Main Avenue S at the intersection of 15th Street South. This plat was presented to the Planning Commission at the March 1st Planning Commission meeting and was denied. The applicant has made modifications and has brought this plat back for review. A final drainage plan has been submitted and is currently being reviewed by City Staff. Kyle Rausch, Dakota Land Design, and Justin Bucher, Banner and Associates, presented the plan with more comprehensive drainage plans. They currently are planning for a dental clinic and they are looking for another complimentary B-2A Business for this area. This preliminary plat is for three blocks, Block 1 being for a medical building, Block 2 would be the other B-2A land for sale, and Block 3 would be for a looped private road and then also a strip of residential development to be an additional buffer between the B-2A district and the current residential homes to the east. Rausch and Bucher have provided a drainage plan, to City staff, which was requested by the Planning Commission in March. A detention pond is planned for the northeast corner of this parcel. The rest of the site will be sloped towards the private road and then the road will be sloped towards an inlet between the north townhomes. Storm water will be conveyed through a pipe to the pond. The pond outlet will be worked on with the property owners to the north. They are currently working on drainage and drainage easements to get the pipe to the north. The property owners have been receptive of this plan. Mills asked Bucher if he feels confident that they will be able to get this pipe installed to drain to the north. Bucher stated yes. There will be an emergency overflow and the flow will drain onto this north property which is also the natural way this lot already drains. Rausch explained that there is a swale that naturally drains to the north where this pipe will be installed. Aiken asked what type of pond this will be, Bucher explained that it will be a grass bottom pond so it will not hold water. Bucher also stated that there will be a berm on the east side of this development, so there will not be any drainage/overflow to the east. Michael Hawley and Alan Sandor, part owners of this development, are both endodontists. They are working with other special dentistry businesses to provide additional services to the Brookings area. BLOCK 17519181716B2625O.L. 1O.L. 2O.L. 3O.L. 6BLOCK 11D & DADDITION SIELERADDIT ION6460.08'37.81'266.05'227.11'460.20'285.75'151.29'52.93'229.62'9.00'96.15'8.06'112.62'472.15'72.70' 111.19'BLOCK 258,880 SFBLOCK 3107,638 SFBLOCK 180,965 SFF:\23507-00\Design Phase\CADD\Sheet File\Northern Plains Addn Preliminary Plat.dwg;2/18/2022 8:33 AM 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 202223507-00PRELIMINARY PLAT NORTHERN PLAINS PROFESSIONAL PROPERTIES BROOKINGS, SOUTH DAKOTA 1 OF 2 RE V I EW ON L Y FOR LEGEND: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 FEETPRELIMINARY PLAT OFBLOCKS 1-3 IN NORTHERN PLAINS ADDITIONAN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTADEVELOPERNORTHERN PLAINS PROFESSIONAL PROPERTIES LLC1424 9TH AVE SEWATERTOWN, SD 57201ENGINEER/SURVEYORBANNER ASSOCIATES INC.409 22ND AVE S.BROOKINGS, SD 57006(605) 692-6342ENGINEERJUSTIN BUCHER, PEJUSTINB@BANNERASSOCIATES.COMSURVEYORNATHAN NIELSON, RLSNATHANN@BANNERASSOCIATES.COMEXISTING LEGAL DESCRIPTIONS545' OF N1053.7' OF E467' OF W500' EXC. LOT H-1 INSE1/4 SEC. 35-T110N-R50WFLOODPLAIN INFORMATIONFLOOD ZONE DESIGNATION: ZONE XNAT'L FLOOD INSURANCE PROGRAM MAPPANEL NO. 46011C0445CDATE: JULY 16, 2008SETBACK0 50 100 FTZONING REGULATIONS:NOTES REGARDING LAND USEDRAINAGE AND UTILITY EASEMENTS SHALL BEADOPTED PRIOR TO FILING OF THE FINAL PLAT.AREAS AND LOT DIMENSIONS ARE APPROXIMATEAND MAY CHANGE SLIGHTLY AT THE TIME OFFINAL PLATTING.VICINITY MAPSCALE: NONEPLAT AREA15TH STREET SMAIN AVENUE S ALL USES25 FEET20 FEET*35 FEETDENSITY SQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHTB-2A OFFICE DISTRICT* REFER TO SECTION 94-399.1 BUFFERYARDSPER UNIT DENSITYSQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHT* PARKING LOTS SHALL BE SCREENED FROM SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL USES ACCORDING TO SECTION 94-401.** A MAXIMUM OF 18 DWELLING UNITS PER ACRE SHALL BE ALLOWED.*** THE SIDE YARD WILL BE REQUIRED TO BE INCREASED TO TEN FEET WHEN THE BUILDING IS THREE OR MORE STORIES IN HEIGHT.5 FEET*25'7'25'25'20' 7'20'80' ROW70' ROWMAIN AVE. S 20TH ST. S12TH ST. SMEDARY AVE. S 17TH AVE. S WESTERN AVE. S 25' 20'20'25'25'APTS., CONDOMINIUMSTOWNHOUSES* 5 OR MORE UNITS2,420**16,000100 FEET25 FEET7 FEET***25 FEET35 FEETR-2 TWO-FAMILY DISTRICT BLOCK 17519181716B2625O.L. 1O.L. 2O.L. 3O.L. 6BLOCK 11D & DADDITION SIELERADDIT ION6BLOCK 258,880 SFBLOCK 3107,638 SFBLOCK 180,965 SFF:\23507-00\Design Phase\CADD\Sheet File\Northern Plains Addn Preliminary Plat.dwg;2/18/2022 8:33 AM 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 202223507-00PROPOSED ZONING PLAN NORTHERN PLAINS PROFESSIONAL PROPERTIES BROOKINGS, SOUTH DAKOTA 2 OF 2 RE V I EW ON L Y FOR LEGEND: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 FEETPRELIMINARY PLAT OFBLOCKS 1-3 IN NORTHERN PLAINS ADDITIONAN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTA0 50 100 FT15TH STREET SMAIN AVENUE S ZONE R-2ZONE B-2AVICINITY MAPSCALE: NONEPLAT AREAMAIN AVE. S 20TH ST. S12TH ST. SMEDARY AVE. S 17TH AVE. S WESTERN AVE. S 4-PLEX4-PLEX4-PLEX4-PLEX4-PLEXSS8'' 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 903S T 1 8 ' ' S T24'' ST18'' ST18'' ST18'' ST1635 1640 1630163516401630163516301635 163 516351640 16251625 1625BLOCK 258,880 SFBLOCK 3107,638 SFBLOCK 180,965 SFMAIN AVE SF:\23507-00\Design Phase\CADD\Sheet File\Northern Plains Addn Blk 3 Site Plan.dwg;3/29/2022 6:08 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: 1.855.323.6342JDBJDBMARCH 202223507-00SITE PLAN NORTHERN PLAINS PROFESSIONAL PROPERTIES BROOKINGS, SOUTH DAKOTA 1 OF 1 RE V I EW ON L Y FOR LEGEND: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 15TH ST. S R ez on e 356 ft City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 22-034,Version:1 Action on Resolution 22-034, a Resolution authorizing a loan from the General Fund to the Tax Increment District Number One (#1) to fund the South Dakota State University Research Park sanitary sewer system upgrade. Summary: The South Dakota State University Research Park is near sanitary sewer capacity. To further develop, an upgrade of the system is necessary. Staff recommends the utilization of the Tax Increment Financing #1 District and Capital Improvement funds to fully build the sanitary sewer needs. Action is required to authorize the financing of part of this upgrade through an inter-fund loan from the General Fund to the Tax Increment Finance District Number One (#1). Recommendation: Staff recommends approval. Attachments: Memo Resolution 22-034 Resolution 34-07 - TIF#1 Original Creation Resolution 20-089 - TIF#1 Plan Amendment TIF#1 Plan TIF#1 Boundary Maps TIF #1 Loan Payments City of Brookings Printed on 4/21/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul Briseno, City Manager Council Meeting: April 26, 2022 Subject: Resolution authorizing a loan from the General Fund to the Tax Increment District Number One (#1) to fund the South Dakota State University Research Park sanitary sewer system upgrade Person(s) Responsible: Paul Briseno, City Manager Erick Rangel, CFO Summary: The South Dakota State University Research Park is near sanitary sewer capacity. To further develop, an upgrade of the system is necessary. Staff recommends the utilization of the Tax Increment Financing #1 District and Capital Improvement funds to fully build the sanitary sewer needs. Action is required to authorize the financing of part of this upgrade through an inter-fund loan from the General Fund to the Tax Increment Finance District Number One (#1). Background: In 2007 the City created the Tax Increment Finance District Number One (TIF) with the passage of Resolution 34-07. The original plan utilized tax increment to fund necessary economic infrastructure improvements to develop the South Dakota State University Research Park area. In 2020 Resolution 20-089 was passed to maximize the remaining increment for essential infrastructure upgrades. Based on the plan, approximately $1.7 million of TIF can be utilized for eligible infrastructure within the district. Item Details: The SDSU Research Park was initially constructed with sanitary sewer infrastructure which supports the 20% capacity of the development. The new BioProducts Institute development will utilize the remaining capacity. Further development within this area will require upgrading the sanitary sewer to support full buildout and future development. The upgrade includes upsizing the sanitary sewer from the SDSU Research Park to a point within University Boulevard (11th Street) and connecting east of the SDSU Oscar Larson Performing Arts Center. A reconstruction of University Boulevard and a new surface adjacent to 22nd Avenue would occur. University Boulevard is programmed within the ten (10) year Capital Improvement Plan for reconstruction in 2023. There is a timing opportunity to utilize TIF to improve the sanitary system for the SDSU Research Park through the street project. This requires the utilization of the remaining TIF Number One project costs for the sanitary sewer upgrade, which is an eligible expense. The total project is estimated at $2.3 million or more. Approving an inter-fund loan from the General Fund to the TIF Number One District Fund is required to provide funding of $1,700,000 for the SDSU Research Park Sanitary Sewer Line and University Boulevard reconstruction project. The project would be constructed in 2023 if approved. Legal Consideration: Legal Counsel reviewed TIF utilization for this project and recommended structuring a loan to TIF Number One to allow for the use of remaining project costs. Strategic Plan Consideration: The use of tax increment financing and the timing of street renovations allow the achievement of many of the Council’s Strategic initiatives, including: Fiscal Responsibility – Ensuring a budget-neutral impact while investing in infrastructure upgrades. Service and Innovation Excellence– This project requires collaboration with BMU and SDSU partners. Economic Growth– The upgrade of infrastructure allows the full development of the SDSU Research Park. The City partners SDSU and the Research Park will benefit from this investment. Financial Consideration: The City recommends financing a portion of the sewer system upgrade with an inter- fund loan from the General Fund. The loan terms are in line with current South Dakota SRF loans and would yield higher interests than current market investment options allowed for municipalities:  Amount: 1,700,000  Annual Interest Rate: 2.00%  Years: 2 The remaining project costs will be funded through the City’s 10-year Capital Improvement Plan for reconstruction in 2023. 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 22-034 Resolution 34-07 - TIF#1 Original Creation Resolution 20-089 - TIF#1 Plan Amendment TIF#1 Plan TIF#1 Boundary Maps TIF #1 Loan Payments Resolution 22-034 Resolution authorizing a loan from the General Fund to the Tax Increment Finance District Number One (#1) to fund the South Dakota State University Research Park sanitary sewer system upgrade Whereas, Tax Increment District Number One (TIF No. 1) has $1,752,140.18 of available Project Costs (the "Remaining Project Costs") which have been identified as eligible Project Costs for the Research Park Sanitary Sewer Line and University Boulevard reconstruction project; and Whereas, in accordance with SDCL 9-22-24, the City is authorized, upon approval of the City Council, to loan unrestricted cash from one fund to another fund of the City, and Whereas, it is in the best interests of the City of Brookings to finance the further development of said sewer system internally through a loan from the General Fund to the TIF No. 1 District Fund. Now, Therefore, Be It Resolved by the City Council of the City of Brookings , South Dakota, as follows: 1. The General Fund shall loan Project Costs in the amount of $1,700,000 to Tax Increment District Fund No. 1 pursuant to an Interfund Loan, with payment to be made by TIF No. 1 over a two-year term and a 2% annual interest rate; and 2. That based on construction in 2023, Tax Increment District No. 1 shall rep ay the funds necessary to pay the project costs described above over a two -year term at the rate stated in Section 1. Passed and approved on the 26th day of April, 2022. CITY OF BROOKINGS, SD ________________________________ Oepke G. Niemeyer, Mayor ATTEST: __________________________ Bonnie Foster, City Clerk TAX INCREMENTAL DISTRICT NUMBER ONE, CITY OF BROOKINGS TAX INCREMENTAL PROJECT PLAN Tax Increment District One, City of Brookings, South Dakota Page 0 TABLE OF CONTENTS INTRODUCTION AND PURPOSE ..................................................................................................................................... 2 GENERAL DEFINITIONS AS USED IN THIS PLAN .............................................................................................................. 2 PROPERTY WITHIN THE TAX INCREMENT ZONE ............................................................................................................ 5 Listing Of Kind, Number, Location And Detailed Costs Of Proposed Public Works And Improvements. ...................... 5 Costs of Public Works or Improvements ................................................................................................................... 6 Expenditures exceeding Estimated Cost ................................................................................................................... 7 FEASIBILITY STUDY. ........................................................................................................................................................ 7 BLIGHT STUDY 7 DETAILED LIST OF ESTIMATED PROJECT COSTS ............................................................................................................. 7 FISCAL IMPACT STATEMENT .......................................................................................................................................... 7 METHOD OF FINANCING, TIMING OF COSTS AND MONETARY OBLIGATIONS .............................................................. 7 Maximum Amount of Note or Bonded Indebtedness ................................................................................................... 8 DURATION OF TAX INCREMENTAL PLAN ....................................................................................................................... 8 ESTIMATED IMPACT OF TAX INCREMENT FINANCING ON REVENUES OF TAXING JURISDICTIONS .............................. 8 CONDITIONS MAP, IMPROVEMENTS MAP, ZONING CHANGE MAP .............................................................................. 8 CHANGES TO THE CITY OF BROOKINGS MASTER PLAN, MAP, BUILDINGS CODES AND CITY ORDINANCES. ................ 8 LIST OF ESTIMATED NON-PROJECT COSTS. ................................................................................................................... 9 STATEMENT OF DISPLACEMENT AND RELOCATION PLAN ............................................................................................ 9 PERFORMANCE BOND, SURETY BOND OR GUARANTY. ................................................................................................ 9 SCHEDULE 1 – "DETAIL OF PROJECT COSTS" ............................................................................................................... 11 SCHEDULE 2 – "ESTIMATED CAPTURED TAXABLE VALUES" ........................................................................................ 12 SCHEDULE 3 – “ECONOMIC FEASIBILITY STUDY” ......................................................................................................... 14 SCHEDULE 4. BLIGHT STUDY ....................................................................................................................................... 17 Section 1- Introduction ........................................................................................................................................... 17 Tax Increment District One, City of Brookings, South Dakota Page 1 Section 2 - Study Area Boundary ............................................................................................................................ 17 Section 3 - Establishing Blight ................................................................................................................................. 17 Section 4 - History of the Study Area ...................................................................................................................... 18 Section 5 - Study Area Description ......................................................................................................................... 19 Section 6 - Conditions Within the Study Area ......................................................................................................... 20 Section 7 - Findings within the Study Area – Analysis ............................................................................................ 21 Section 8 - Conclusions ........................................................................................................................................... 21 SCHEDULE 5 - “FISCAL IMPACT STATEMENT” .............................................................................................................. 22 FISCAL IMPACT STATEMENT- TAX INCREMENT DISTRICT NUMBER ONE ............................................................... 22 Introduction ....................................................................................................................................................... 22 Definitions .......................................................................................................................................................... 22 Assumptions: ...................................................................................................................................................... 22 FISCAL IMPACT: .................................................................................................................................................. 23 ATTACHMENT 1 ........................................................................................................................................................... 24 ATTACHMENT 2 ........................................................................................................................................................... 25 ATTACHMENT 3 ........................................................................................................................................................... 26 Tax Increment District One, City of Brookings, South Dakota Page 2 INTRODUCTION AND PURPOSE The purpose of this Plan, to be implemented by the City of Brookings, is to satisfy the requirements for a Tax Incremental District Plan Number One, City of Brookings as specified in SDCL Chapter 11-9. There are 11 mandated requirements of the Plan, each to be addressed in this Plan. The principal purpose of the Plan is to define eligible property and to define a Tax Increment Plan for funding eligible activities of a functionally obsolete and blighted area of the City. This Plan was prepared for adoption by the City Council in recognition that the renewal area requires a coordinated, cooperative strategy, with financing possibilities, to eliminate the blight and prevent the spread of blight, and accomplish the City’s development objectives for improving the continued viability of public and private development in the City. The driving interest in the establishment of this Plan is to offer tax increment financing as a tool to stimulate and leverage private sector development and redevelopment, to help eliminate statutory defined blight, and to prevent the spread of such blight. Development and redevelopment in the area is anticipated to occur in the near future through public and private partnerships, with the potential for Tax Increment financing to provide the impetus and means to undertake this redevelopment at a faster pace than might occur otherwise. The development of commercial and residential property and to stimulate further economic development is an essential governmental purpose. GENERAL DEFINITIONS AS USED IN THIS PLAN The following terms found in this Plan have the following meanings: “Base” or “Tax Incremental Base” means the aggregate assessed value of all taxable property located within a Tax Incremental District on the date the district is created, as determined by SDCL § 11-9-20. "Blighted" means property that meets any of the following criteria: Any area, including slum area, in which the structures, buildings, or improvements, by reason of: (1) dilapidation, age, or obsolescence; (2) inadequate provisions for ventilation, light, air, sanitation, or open spaces; (3) high density of population and overcrowding; (4) the existence of conditions which endanger life or property by fire and other causes; or (5) any combination of such factors; Tax Increment District One, City of Brookings, South Dakota Page 3 are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and which is detrimental to the public health, safety, morals, or welfare, is a blighted area1; or Any area which by reason of: (1) the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures; (2) predominance of defective or inadequate street layouts; (3) faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (4) unsanitary or unsafe conditions; (5) deterioration of site or other improvements; (6) diversity of ownership, tax, or special assessment delinquency exceeding the fair value of the land; (7) defective or unusual conditions of title; (8) the existence of conditions which endanger life or property by fire and other causes; or (9) any combination of such factors; substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use, is a blighted area 2; or Any area which is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substa ntially impairs or arrests the sound growth of a municipality, is a blighted area.3 "City Councils" means the Brookings City Council. "City of Brookings" means Brookings, South Dakota, a home rule form of government. "Department of Revenue" means the South Dakota Department of Revenue. “District” means the Tax Incremental District. "Economic Development" means all powers expressly granted and reasonably inferred pursuant to SDCL §9 -54. "Fiscal year" means that fiscal year of the City of Brookings. 1 SDCL § 11-9-9 2 SDCL § 11-9-10 3 SDCL § 11-9-11. Tax Increment District One, City of Brookings, South Dakota Page 4 "Generally Applicable Taxes" shall have the same meaning as set forth in 26 CFR § 1.141 -4(e). "Governing body" means the Brookings City Council "Infrastructure Improvements" means a street, road, sidewalk, parking facility, pedestrian mall, alley, bridge, sewer, sewage treatment plant, property designed to reduce, eliminate, or prevent the spread of identified soil or groundwater contamination, drainage system, waterway, waterline, water storage facility, rail line, utility line or pipeline, or other similar or related structure or improvement, together with necessary easements for the structure or improvement, for the benefit of or for the protection of the health, welfare, or safety of the public generally. "Municipality" any incorporated city in this state. "Planning Commission" means the City Planning Commission. “Plan” means this Project Plan. “Project Costs” means any expenditure or monetary obligations by the City of Brookings, whether made, estimated to be made, incurred or estimated to be incurred , which are listed as Project Costs herein will include any costs incidental thereto but diminished by any income, special assessments, or other revenues, other than tax increments, received, or reasonably expected to be received, by the City of Brookings in connection with the implementation of this Plan. “Project Plan” means properly approved Plan for the development or redevelopment of a tax incremental district including all properly approved amendments thereto as recommended pursuant to SDCL § 11-9-13. "Public Works" means the acquisition by purchase or condemnation of real and personal property within the Tax Incremental District and the sale, lease, or other disposition of such property to private individuals, partnerships, corporations, or other entities at a price less than the cost of such acquisition which benefit or further the health, safety, welfare and economic development of the City. "Taxable Property" all real taxable property located in a Tax Incremental District; "Tax Incremental District" a contiguous geographic area within a City defined and created by resolution of the governing body and named City of Brookings Tax Incremental District Number One; "Tax Increment Valuation" is the total value of the Tax Incremental District minus the tax incremental base pursuant to § 11-9-19. “Tax Increment Law” means South Dakota Codified Laws Chapter 11-9. Tax Increment District One, City of Brookings, South Dakota Page 5 PROPERTY WITHIN THE TAX INCREMENT ZONE The real property to be located within the Tax Increment District is legally described as follows: Description: NW 1/4 of Section 19-T110N-R49W NE 1/4, SW 1/4, excl. platted areas thereof, in Section 19 -T110N-R49W Lot 3, Block 1, Telkamp Addition Lot 4, Block 1, Telkamp Addition Lot 5, Block 1, Telkamp Addition Lot 2, Block 2, Telkamp Addition Lowes First Addition Tract A, Block 13, Telkamp Addition Tract B, Block 13, Telkamp Addition Block 12, Telkamp Addition East 104.5 feet of Lot 1, Block 2, Telkamp Addition. (the “District”). LISTING OF KIND, NUMBER , LOCATION AND DETAILED COSTS OF PROPOSED PUBLIC WORKS AND I MPROVEMENTS 4. In order to implement the provisions of SDCL Chapter 11-9, the following are Project Costs and expenditures made or estimated to be made and the monetary obligations incurred or estimated to be incurred by the City. The Project Costs includes capital costs, financing costs, real property assembly costs, professional fee costs, imputed administration costs, relocation costs, organizational costs and discretionary costs, plus any costs incidental thereto, diminished by any income, special assessments, or other revenues, other than tax increments, received, or reasonably expected to be received, by the City. The City is working to develop an economic and competitive base to benefit the City and the State as a whole. All the Project Costs, land acquisition and professional fees, are found to be necessary and convenient to the creation of the Tax Incremental District and the implementation of the Tax Increment District. The City shall enter into all contracts in accordance with South Dakota law. A combination of private investment, public investment and tax increment recapiture will assist progress toward the following additional objectives:  To address and remedy conditions in the area that impair or arrest the sound growth of the City;  To implement the Comprehensive Plan and its related element;  To redevelop and rehabilitate the area in a manner which is compatible with and complementary to unique circumstances in the area;  To effectively utilize undeveloped and underdeveloped land ; 4 SDCL §11-9-13(1). Tax Increment District One, City of Brookings, South Dakota Page 6  To improve pedestrian, bicycle, vehicular, and transit-related circulation and safety;  To ultimately contribute to increased revenues for all taxing entities ;  To encourage the voluntary rehabilitation of buildings, improvements, and conditions;  To watch for market and/or project opportunities to eliminate bli ght, and when such opportunities exist, to take action within the financial, legal and political limits of the Authority to acquire land, demolish and remove structures, provide relocation benefits, and pursue redevelopment, improvem ent and rehabilitation projects; and  To improve areas that is likely to enhance significantly the value of substantially all property in the district. COSTS OF PUBLIC WORKS OR IMPROVEMENTS In accordance with SDCL 11-9-13(1) & (3) the following is the kind, number, location and dollar amount of estimated Project Costs, costs of public works and improvements. Kind of Project Cost Number Location5 Amount Reference6 Capital Costs 11 In District $3,844,000* 11-9-14(1) Financing Costs 11-9-14(2) Real Property Assembly 11-9-14(3) Professional Fees $10,000 11-9-14(4) Administrative Costs 11-9-14(5) Relocation Costs 1-9-14(6) Organizational Costs $5,000 11-9-14(7) Discretionary Costs $500,000 11-9-14(8) Eligible Project Costs $4,399,000* *Eligible Project costs may be reallocated during the five years from creation of the TIF . The above total represents eligible Project Costs. 5District shall mean the Tax Increment District . 6SDCL §11-9-14 (1) Capital costs, including the actual costs of the construction of public works or improvements, buildings, structures, and permanent fixtures; the demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and permanent fixtures; the acquisition of equipment; the clearing and grading of land; and the amount of interest payable on tax incremental bonds or notes issued pursuant to this chapter until such time as positive tax increments to be received from the district, as estimated by the Project Plan, are sufficient to pay the principal of and interest on the tax incremental bonds or notes when due; (2) Financing costs, including all interest paid to holders of evidences of indebtedness issued to pay for Project Costs, any premium paid over the principal amount thereof because of the redemption of such obligations prior to maturity and a reserve for the payment of principal of and interest on such obligatio ns in an amount determined by the governing body to be reasonably required for the marketability of such obligations; (3) Real property assembly costs, including the actual cost of the acquisition by a municipality of real or personal property within a tax incremental district less any proceeds to be received by the municipality from the sale, lease, or other disposition of such property pursuant to a Project Plan; (4) Professional service costs, including those costs incurred for architectural, planning, engineering, and leg al advice and services; (5) Imputed administrative costs, including reasonable charges for the time spent by municipal employees in connection with the implementation of a Project Plan; (6) Relocation costs; (7) Organizational costs, including the costs of conducting environmental impact and other studies and the costs of informing the public of the creation of tax incremental districts and the implementation of project plans; and (8) Payments made, at the discretion of the governing body, which are found to be necessary or convenient to the creation of tax incremental districts or the implementation of pro ject plans. Tax Increment District One, City of Brookings, South Dakota Page 7 EXPENDITURES EXCEEDING ESTIMATED COST Any expenditures which in sum would exceed the total amount stated above will require an amendment of this plan. All amendments are undertaken pursuant to S DCL §11-9-23. When the expenditures are increased above the total above, the Department of Revenue will be required to reset the base, in accordance with SDCL §11-9-23. FEASIBILITY STUDY.7 An economic feasibility study is attached as Schedule 3. BLIGHT STUDY Not less than 25% of the area within the proposed district is blighted and in need of redevelopment as indicated in the Blight Study attached as Schedule 4. DETAILED LIST OF ESTIMATED PROJECT COSTS8 Attached as Schedule 1 is a detailed list of estimated Project Costs. No expenditure for Project Costs is provided for more than five years after the district. FISCAL IMPACT STATEMENT 9 Attached as Schedule 5 is the Fiscal Impact Statement on other taxing districts found within the Tax Increment District, both until and after the bonds are repaid. METHOD OF FINANCING , TIMING OF COSTS AND MONETARY OBLIGATIONS 10 Project Costs shall be paid by the City. There shall be multiple advances by the City. The City will reimburse for employee time and expense from the tax increment fund. 7 SDCL §11-9-13(2) 8 SDCL §11-9-13(3) 9 SDCL § 11-9-13(4). 10 SDCL § 11-9-13(5) Tax Increment District One, City of Brookings, South Dakota Page 8 M AXIMUM AMOUNT OF NOTE OR BONDED INDEBTEDNESS The City intends to issue no bonded indebtedness payable from the tax increment fund. The City will provide for the improvements through general funds and pay itself back through tax increment revenue. DURATION OF TAX INCREMENTAL PLAN The duration of the Plan will extend to the number of years it will take for the retirement of bonded indebtedness except that the Plan duration shall not exceed 15 years from the date of creation of the District. ESTIMATED IMPACT OF TAX INCREMENT FINANCING ON REVENUES OF TAXING JURISDICTIONS The site will generate taxes to the local jurisdictions at or above the assessed of the Base. All taxing districts shall receive that base which will be the value set for 2010 taxable payable in 2011. The tax increment will be available to the taxing jurisdictions at or before 20 years after at the creation of the District. Schedule 3 details the tax capture implications to each of the local taxing jurisdictions. After the repayment of the bonds, taxing entities will receive their proportionate share of tax dollars for the base value and the tax incremental values. CONDITIONS MAP 11, IMPROVEMENTS MAP 12, ZONING CHANGE MAP 13 The conditions map is attached as Attachment 1. The Improvements map is attached as Attachment 2. The Zoning Change Map is attached as Attachment 3. CHANGES TO THE CITY OF BROOKINGS MASTER PLAN, MAP, BUILDINGS CODES AND CITY ORDINANCES 14. The City has made changes in the master plan, map, building codes and City ordinances as indicated on Attachment 3. 11 SDCL § 11-9-16(1) 12 SDCL § 11-9-16(2) 13 SDCL § 11-9-16(3) 14 SDCL §11-9-16(4) Tax Increment District One, City of Brookings, South Dakota Page 9 LIST OF ESTIMATED NON-PROJECT COSTS 15. The following is a list of the projected non-Project Costs. Research and technology buildings and facilities in an amount not determinable at this time. STATEMENT OF D ISPLACEMENT AND RELOCATION PLAN16 No residents or families will be displaced by the Project. There are no families or persons residing on the premises. Therefore, no relocation Plan is needed. PERFORMANCE BOND, S URETY BOND OR GUARAN TY. As security for its fulfillment of the agreement with the governing body, a purchaser or lessee of redevelopment property shall furnish a performance bond, with such surety and in such form and amount as t he governing body may approve or make such other guaranty as the governing body may deem necessary in the public interest. 15 SDCL §11-9-16(5) 16 SDCL § 11-9-16(16) Tax Increment District One, City of Brookings, South Dakota Page 10 LIST OF SCHEDULES SCHEDULE 1 Detail of Project Costs SCHEDULE 2 Estimated Captured Taxable Values SCHEDULE 3 Economic Feasibility Schedule SCHEDULE 4 Blight Study SCHEDULE 5 Fiscal Impact Statement ATTACHMENTS Attachment 1. Map and Legal Description and existing uses and conditions Attachment 2. Map of Real property Improvement and uses Attachment 3. Map of proposed changes in zoning ordinances Tax Increment District One, City of Brookings, South Dakota Page 11 SCHEDULE 1 – "DETAIL OF PROJECT COSTS" The project contains 8,732 linear feet of infrastructure and two on-site storm water retention ponds. This project provides for complete infrastructure for a 125 acre research/technology park adjacent to SDSU in Brookings. The park contains 32 parcels averaging 2.9 acres each. Phase I infrastructure is under construction as is the first building, a 28,000 square foot business incubator building. Tax Increment District One, City of Brookings, South Dakota Page 12 SCHEDULE 2 – "ESTIMATED CAPTURED TAXABLE VALU ES" BASE-ESTIMATED TAXES THAT WILL GO TO TAXING DISTRICTS DURING TIF INCREMENT-ESTIMATED TAXES THAT WILL GO TO TAX INCREMENT FUND DURING TIF Equalized 94% Construction Year Valuation Year Revenue Year Accumulated Positive Valuation Increment City Mill Rate School Mill Rate County Mill Rate Total Mill Rate Total Increment Total Increment for Debt Service 2007 2008 2009 1,335,300.00$ 2.54 15.77 4.74 23.05 29,055.06$ 29,055.06$ 2008 2009 2010 -$ 2.54 15.77 4.74 23.05 -$ 29,055.06$ 2009 2010 2011 2,000,000.00$ 2.54 15.77 4.74 23.05 43,518.40$ 72,573.46$ 2010 2011 2012 2,000,000.00$ 2.54 15.77 4.74 23.05 43,518.40$ 116,091.86$ 2011 2012 2013 2,000,000.00$ 2.54 15.77 4.74 23.05 43,518.40$ 159,610.26$ 2012 2013 2014 2,000,000.00$ 2.54 15.77 4.74 23.05 43,518.40$ 203,128.66$ 2013 2014 2015 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2014 2015 2016 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2015 2016 2017 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2016 2017 2018 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2017 2018 2019 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2018 2019 2020 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2019 2020 2021 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2020 2021 2022 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2021 2022 2023 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2022 2023 2024 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2023 2024 2025 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2024 2025 2026 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2025 2026 2027 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 9,335,300.00$ Present Value of Revenue Stream 3.00%2,389,193.54$ Assumptions 1. Current Tax Increment District has a positive increment of $1,335,300 2. The Den Wil project will be built in 2009, payable in 2011. $8,000,000 was used for increased valuation 3. The discretionary was formula taken into account on a 25%-%50%-75% basis, starting in 2011 for taxes payable 4. Den Wil was the only new development used for projection purposes 5. Any positive increment, in addition to Den Wil, will go towards TIF debt Note: These numbers are for projection purposes only and do not reflect what the actual number(s) may be. The projection numbers are based on assumptions provided by the developer. Projected Revenue for Tax Increment District #1 Base Value Non Ag. Z Payable in 2009 10,481,800.00$ Tax Increment District One, City of Brookings, South Dakota Page 13 Tax Increment District One, City of Brookings, South Dakota Page 14 SCHEDULE 3 – “ECONOMIC FEASIBILITY STUDY” The City of Brookings has been approached concerning the development of a research park adjacent to South Dakota State University. An essential component of the City’s participation is City funding for certain Project Costs (“Project Costs”) needed to support the Project (or any other comprehensive redevelopment of the site), all of which is currently estimated to cost in excess of . The City has made it clear that City funding for these public improvements must be supported by the tax revenues generated by the Project, and not by the general revenues of the City. The vehicle through which this can be accomplished is “tax increment financing” under the South Dakota Tax Incremental District Law (South Dakota Codified Laws Chapter 11-9). Tax increment financing is an indispensable self-financing tool used throughout the United States to help local governments successfully develop and redevelop areas and encourage economic development. In tax increment financing, the current real property tax assessed value of all properties in a designated project area (“tax increment financing district”) is established as the “base value.” As development in the tax Tax Increment District One, City of Brookings, South Dakota Page 15 increment financing district increases the assessed values of the redeveloped properties, a portion of the additional tax revenue generated by the increase in assessed value o ver the base value is set aside and committed by the City for debt service on tax increment bonds, the proceeds of which would be used for the construction of the Project Costs. Use of a Tax increment fund is permitted only in connection with a “Project Plan” duly adopted by the City. The process is set forth in the Tax Increment District Law, and is generally as follows:  Any person may request the City Council to designate a tax increment financing district. The request may be through a formal application process, or a presentation to the City Council. Upon receiving any request, the City Commission determines preliminary feasibility of the project. This preliminary feasibility determination includes fiscal, legal and political considerations.  If it is determined feasible, the City Commission directs staff or the Planning Commission to initiate the process. The Planning Commission then sets a proposed hearing date and starts the notice procedure.  Notice of the intent to create a Tax Increment District is published and sent to all taxing districts not less than 10 days prior to the hearing.  The Planning Commission holds a hearing and allows members of the general public to comment upon the proposed creation of a Tax Increment District. At the end of the hearing, the Planning Commission may recommend the creation of the Tax Increment District to the City Commission. The Planning Commission may also recommend a tax increment Project Plan and forward to the City Commission for their determination.  The City Commission places the recommendation on the agenda and at the public meeting may pass a resolution to create the Tax Increment District in accordance with the Tax Increment District Law. The resolution is published and becomes effective on the 21 st day after publication, unless it is referred to a vote of the electors. This resolution may also approve the project plan.  After the resolution becomes effective, the Department of Revenue of the State of South Dakota is sent a letter requesting to determine the base.  After the Project Plan is approved, the City Council at any time may authorize the issuance of tax increment bonds “for the purpose of carrying out or administering a Project Plan”. The resolution would irrevocably pledge its tax increment revenues to the debt service on the City’s tax increment bonds. (See Tax Increment District Law Section 11-9-37).  The City has five years to spend tax increment revenues or bond proceeds on or for Project Costs. Tax Increment District One, City of Brookings, South Dakota Page 16 Estimated Tax Increment Fund Balance is as follows: Equalized 94% Construction Year Valuation Year Revenue Year Accumulated Positive Valuation Increment City Mill Rate School Mill Rate County Mill Rate Total Mill Rate Total Increment Total Increment for Debt Service 2007 2008 2009 1,335,300.00$ 2.54 15.77 4.74 23.05 29,055.06$ 29,055.06$ 2008 2009 2010 -$ 2.54 15.77 4.74 23.05 -$ 29,055.06$ 2009 2010 2011 2,000,000.00$ 2.54 15.77 4.74 23.05 43,518.40$ 72,573.46$ 2010 2011 2012 2,000,000.00$ 2.54 15.77 4.74 23.05 43,518.40$ 116,091.86$ 2011 2012 2013 2,000,000.00$ 2.54 15.77 4.74 23.05 43,518.40$ 159,610.26$ 2012 2013 2014 2,000,000.00$ 2.54 15.77 4.74 23.05 43,518.40$ 203,128.66$ 2013 2014 2015 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2014 2015 2016 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2015 2016 2017 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2016 2017 2018 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2017 2018 2019 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2018 2019 2020 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2019 2020 2021 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2020 2021 2022 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2021 2022 2023 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2022 2023 2024 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2023 2024 2025 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2024 2025 2026 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2025 2026 2027 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 9,335,300.00$ Present Value of Revenue Stream 3.00%2,389,193.54$ Assumptions 1. Current Tax Increment District has a positive increment of $1,335,300 2. The Den Wil project will be built in 2009, payable in 2011. $8,000,000 was used for increased valuation 3. The discretionary was formula taken into account on a 25%-%50%-75% basis, starting in 2011 for taxes payable 4. Den Wil was the only new development used for projection purposes 5. Any positive increment, in addition to Den Wil, will go towards TIF debt Note: These numbers are for projection purposes only and do not reflect what the actual number(s) may be. The projection numbers are based on assumptions provided by the developer. Projected Revenue for Tax Increment District #1 Base Value Non Ag. Z Payable in 2009 10,481,800.00$ Since the City is reimbursing itself through collected tax increment, the plan is feasible. The City will collect only such tax increments as are collected in the tax increment fund. The above sheet is only an estimate and will be subject to actual collections. This document has represents the feasibility study required under Tax Increment Tax Increment District One, City of Brookings, South Dakota Page 17 District Law Section 11-9-13 (Subsections 2, 4 and 5). The study concludes that the proposed redevelopment project in the project area is feasible. SCHEDULE 4. BLIGHT STUDY S ECTION 1- INTRODUCTION The City has been approached concerning the creation of a tax increment district located in the northern part of the city. In order to determine whether a tax increment district may be created, it has been rec ommended that city staff together with outside consultants conduct a study of the area to determine if conditions exist that meet the definitions of blight described in Title 11-9 and allow consideration of a Tax Increment District to alleviate those conditions. If the City finds, by Resolution, that "blighted" conditions exist in not less than 25% of the area, it may after notification of affected taxing districts and after a public hearing to create a Tax Increment district. The Purpose of the study is to determine if impediments to development and other issues of blight exist, pursuant to state law, sufficient enough to warrant the creation of a district in the northern portion of the City. In addition to studying the subject area for the defined blighted conditions, staff has evaluated the area for the existence of assets or opportunities for private investment, as creation and reinvestment of TIF funds in a District depends primarily on new private investment generating new property taxes. Finally , staff reviewed the Study Area for localized physical and institutional impediments to investment in the study area. S ECTION 2 - STUDY AREA BOUNDARY The Study of Blight is broadly described as: Description: NW 1/4 of Section 19-T110N-R49W NE 1/4, SW 1/4, excl. platted areas thereof, in Section 19-T110N-R49W Lot 3, Block 1, Telkamp Addition Lot 4, Block 1, Telkamp Addition Lot 5, Block 1, Telkamp Addition Lot 2, Block 2, Telkamp Addition Lowes First Addition Tract A, Block 13, Telkamp Addition Tract B, Block 13, Telkamp Addition Block 12, Telkamp Addition East 104.5 feet of Lot 1, Block 2, Telkamp Addition S ECTION 3 - ESTABLISHING BLIGHT South Dakota law describes a blighted area as one that contains a set of conditions which constitute bl ight. There are three statutory areas of blight: SDCL § 11-9-9 Any area, including slum area, in which the structures, buildings, or improvements, by reason of: (1) Dilapidation, age, or obsolescence; Tax Increment District One, City of Brookings, South Dakota Page 18 (2) Inadequate provisions for ventilation, light, air, sanitation, or open spaces; (3) High density of population and overcrowding; (4) The existence of conditions which endanger life or property by fire and other causes; or (5) Any combination of such factors; are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and which is detrimental to the public health, safety, morals, or welfare, is a blighted area. SDCL § 11-9-10. Developed areas impairing growth defined as blighted. Any area which by reason of: (1) The presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures; (2) Predominance of defective or inadequate street layouts; (3) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (4) Insanitary or unsafe conditions; (5) Deterioration of site or other improvements; (6) Diversity of ownership, tax, or special assessment delinquency exceeding the fair value of the land; (7) Defective or unusual conditions of title; (8) The existence of conditions which endanger life or property by fire and other causes; or (9) Any combination of such factors; substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use, is a blighted area. SDCL § 11-9-11. Any area which is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of a municipality, is a blighted area. Under South Dakota law the finding of blight may be made based upon a single factor found in SDCL § 11 -9-9, 11- 9-10 or 11-9-11. S ECTION 4 - HISTORY OF THE STUDY AREA The study area is comprised of a commercial, multi family and state educational area. A majority of the area is non developable without direct action by the South Dakota Legislature. The City has initiated a development plan whereby it intends to expand into the geographical area and provide infrastructure improvements where private developers will not. Tax Increment District One, City of Brookings, South Dakota Page 19 S ECTION 5 - STUDY AREA DESCRIPTION An open area with inadequate street layouts, no sewer, water or fire control improvements, which, due to geographical limitations, substantially arrests the sound growth of a municipality, constitutes an economic or social liability and is a menace to welfare of the City in its present condition and use. Area contains substantial diversity of ownership which substantially impairs and arrests the sound growth of a municipality Tax Increment District One, City of Brookings, South Dakota Page 20 S ECTION 6 - CONDITIONS WITHIN THE STUDY AREA Infrastructure Public Utilities Sewer- Analysis of the City of Brookings Sanitary Sewer Maps reveals that the Study Area has limited wastewater coverage. Storm water – Analysis of the City of Brookings Sanitary Sewer Maps reveals that the Study Area has limited storm sewer coverage. Potable Water – Analysis of the City of Brookings Water Maps reveals that the Study Area has limited water coverage. Street & Sidewalk Condition – Analysis of the City of Brookings Street Maps reveals that the Study Area is in need of additional street and sidewalk infrastructure. Transportation According to the Engineering department, the District is in need of significant reconfiguration so that there is better control where traffic commercial users. Public Safety Fire – The City of Brookings Fire Department supplied information pertaining to life safety aspects within the study area. More than twenty-five percent of the District does not meet fire safety standards. Demographic Character of the Study Area There exists population in less than 25 % of the study area. Tax Generation from the Area The District currently generates limited taxes. More than twenty-five percent of the District does not generate taxes sufficient to supply the required infrastructure improvements. Land Use and Planning Comprehensive Plan The Comprehensive plan suggests that public and private improvements are needed within the District. Zoning No modification of zoning is required in the District. Tax Increment District One, City of Brookings, South Dakota Page 21 S ECTION 7 - F INDINGS WITHIN THE STUDY AREA – ANALYSIS In accordance with State Law, the following addresses specific chara cteristics of blight found within the Study Area with corresponding portions of 11-9-10 and 11-9-11: Defective or inadequate street layout. For the most part, the streets in the Study Area are not adequate, according to the Engineering department, could benefit greatly from significant re-configuration. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. Lots and blocks in the Study Area need to be laid out in not less than 25% of the area. Unsanitary or unsafe conditions. Some conditions within localized portions of the Study Area listed above achiev e unsafe status due to life-safety issues. The existence of conditions that endanger life or property by fire or other causes. Some conditions within localized portions of the Study Area listed above achieve unsafe status due to life-safety issues. S ECTION 8 - CONCLUSIONS Based on the findings of this study, it is determined that the Study Area contains conditions defined as “blight”. Tax Increment District One, City of Brookings, South Dakota Page 22 SCHEDULE 5 - “FISCAL IMPACT STATEMENT” FISCAL IMPACT STATEMENT - TAX INCREMENT DISTRICT NUMBER ONE INTRODUCTION The fiscal impact statement is intended to provide a succinct analysis of the estimated impact of the Tax Increment District to the public pursuant to SDCL § 11-9-13(4). It is not intended to rival the level of detail required by a detailed financial analysis. A fiscal impact statement shows the impact of the Tax Increment District, both until and after the City is repaid, upon all entities levying taxes upon property in the district. D EFINITIONS “Assumptions” means factors or definitions used in the fiscal analysis. Assumptions may include facts and figures identified by the District and educated guesses that are sometimes necessary when not all of the information is available. Assumptions are often used to extrapolate an estimate. Assumptions may include an estimate of tax levies of each taxing entity, the school aid formula contribution, the value of the real property , etc. "Base Revenues” means the taxes collected on the base value. “Fiscal Impact” means the increase or decrease in revenues and generally refers to an impact to revenues caused by the district. “Revenue” means ad valorem taxes. “Tax Increment District “ means City of Brookings, Tax Increment District Number One. “Taxing Districts” means all political subdivisions of the state which have ad valorem taxing power over property within the boundaries of the Tax Increment District. “Tax Increment Revenues" means all revenues above the Base Revenues. ASSUMPTIONS : 1. The property will have improvements which at completion will be valued for taxable purposes at $9,335,300. 2. The average tax levy of all taxing districts will be $23.03 per thousand dollars of taxable valuation. 3. Tax increment will start to be collected in 2009 and end in 2027. 4. Interest: None: 5. The discretionary formula: None. Tax Increment District One, City of Brookings, South Dakota Page 23 FISCAL IMPACT: The total fiscal impact upon the taxing entities during the term of the Tax Increment District is as follows: Taxing District will continue to receive taxes on approximately $10,481,000 of taxable value throughout the duration of the District. Estimated Base Value Construction Year Valuation Year Revenue Year Valuation Increment School Mill Rate* Yearly School Impact Cumulative Impact Present Value at 3% County Mill Rate Yearly County Impact Cumulative Impact Present Value at 3% 2007 2008 2009 1,335,300.00$ 3.50 4,673.55$ 4,673.55$ 4,537.43$ 4.74 6,329.32$ 6,329.32$ 6,144.97$ 2008 2009 2010 -$ 3.50 -$ 4,673.55$ 4,405.27$ 4.74 -$ 6,329.32$ 5,965.99$ 2009 2010 2011 2,000,000.00$ 3.50 7,000.00$ 11,673.55$ 10,682.95$ 4.74 9,480.00$ 15,809.32$ 14,467.77$ 2010 2011 2012 2,000,000.00$ 3.50 7,000.00$ 18,673.55$ 16,591.21$ 4.74 9,480.00$ 25,289.32$ 22,469.24$ 2011 2012 2013 2,000,000.00$ 3.50 7,000.00$ 25,673.55$ 22,146.23$ 4.74 9,480.00$ 34,769.32$ 29,992.32$ 2012 2013 2014 2,000,000.00$ 3.50 7,000.00$ 32,673.55$ 27,363.58$ 4.74 9,480.00$ 44,249.32$ 37,058.11$ 2013 2014 2015 -$ 3.50 -$ 32,673.55$ 26,566.59$ 4.74 -$ 44,249.32$ 35,978.75$ 2014 2015 2016 -$ 3.50 -$ 32,673.55$ 25,792.80$ 4.74 -$ 44,249.32$ 34,930.82$ 2015 2016 2017 -$ 3.50 -$ 32,673.55$ 25,041.56$ 4.74 -$ 44,249.32$ 33,913.42$ 2016 2017 2018 -$ 3.50 -$ 32,673.55$ 24,312.19$ 4.74 -$ 44,249.32$ 32,925.65$ 2017 2018 2019 -$ 3.50 -$ 32,673.55$ 23,604.07$ 4.74 -$ 44,249.32$ 31,966.65$ 2018 2019 2020 -$ 3.50 -$ 32,673.55$ 22,916.57$ 4.74 -$ 44,249.32$ 31,035.58$ 2019 2020 2021 -$ 3.50 -$ 32,673.55$ 22,249.10$ 4.74 -$ 44,249.32$ 30,131.64$ 2020 2021 2022 -$ 3.50 -$ 32,673.55$ 21,601.07$ 4.74 -$ 44,249.32$ 29,254.01$ 2021 2022 2023 -$ 3.50 -$ 32,673.55$ 20,971.91$ 4.74 -$ 44,249.32$ 28,401.96$ 2022 2023 2024 -$ 3.50 -$ 32,673.55$ 20,361.08$ 4.74 -$ 44,249.32$ 27,574.71$ 2023 2024 2025 -$ 3.50 -$ 32,673.55$ 19,768.04$ 4.74 -$ 44,249.32$ 26,771.57$ 2024 2025 2026 -$ 3.50 -$ 32,673.55$ 19,192.27$ 4.74 -$ 44,249.32$ 25,991.81$ 2025 2026 2027 -$ 3.50 -$ 32,673.55$ 18,633.27$ 4.74 -$ 44,249.32$ 25,234.77$ 9,335,300.00$ 490,123.90$ 358,103.89$ 663,767.80$ 510,209.75$ The school impact is calculated by the following: $3.00 for Capital Outlay $.30 for Pension $.20 for Special Ed. Assumptions 1. Current Tax Increment District has a positive increment of $1,335,300 2. The Den Wil project will be built in 2009, payable in 2011. $8,000,000 was used for increased valuation 3. The discretionary formula taken into account on a 25%-%50%-75% basis, starting in 2011 for taxes payable 4. Den Wil was the only new development used for projection purposes 5. Any positive increment, in addition to Den Wil, will go towards TIF debt Tax Increment District #1 - Impact on Local Jurisdictions Note: These numbers are for projection purposes only and do not reflect what the actual tax impact may be. The projection numbers are based on assumptions provided by the developer. * Note the full school levy is 15.77, but will only realize an impact of 3.50 per $1,000 of valuation. The difference is made up by the State of SD, holding the School's General Fund harmless 10,481,800.00$ Tax Increment District One, City of Brookings, South Dakota Page 24 ATTACHMENT 1 Tax Increment District One, City of Brookings, South Dakota Page 25 ATTACHMENT 2 (List of Real Property Improvements) Improvements are to be located and are shown below: The Improvements shall be located in the real property described in Attachment 1 in the 192 acres of undeveloped property and is the highest and best use for the real property. 8,732 linear feet of infrastructure and two on-site storm water retention ponds. Tax Increment District One, City of Brookings, South Dakota Page 26 ATTACHMENT 3 Zoning Changes The following map the property is currently zoned multi-family and commercial. There will be no zoning changes with regard to the comprehensive plan, zoning designation, map, building codes or municipal ordinances. Tax Increment Finance District (TIF) #1 Loan Amortization Schedule TIF1 Loan Schedule from General Fund Annual Interest Rate 2.00% Years 2 Payments Per year 1 Amount 1,700,000$ Payment Number Year T Payment Principal Interest Balance 1 2022 ($875,584.16) ($841,584.16) ($34,000.00)858,415.84$ 2 2023 ($875,584.16) ($858,415.84) ($17,168.32)‐$ ($1,751,168.32) ($1,700,000.00) ($51,168.32) Payment are due by December 1st of each year Loan Amortization Schedule 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 22-037,Version:1 Action on Resolution 22-037, a Resolution of the City of Brookings to enter into a Cooperative Purchasing Agreement through Sourcewell for an HVAC Replacement and a Controls Upgrade. Summary: This Resolution would authorize the City Manager to enter into a Cooperative Purchasing Agreement through Sourcewell for the Swiftel Center’s HVAC replacement and a controls upgrade. Recommendation: Staff recommends approval. Attachments: Memo Resolution Agreement City of Brookings Printed on 4/21/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Michael Logan, Swiftel Center General Manager; Erick Rangel, Chief Financial Officer; Council Meeting: April 26, 2022 Subject: 2022/23 Swiftel Center HVAC Upgrade Presenter: Michael Logan, Swiftel Center GM; Erick Rangel, CFO Summary: This Resolution would authorize the City Manager to enter into a Cooperative Purchasing Agreement through Sourcewell for the Swiftel Center’s HVAC replacement and a controls upgrade. Background: The Swiftel Center HVAC equipment and controls are 10 years past their end of life. Due to this, the Swiftel Center consistently sees issues with units not turning on for events and not performing up to standard. Johnson Controls, as well as Swiftel Center staff, are consistently called to operate on units in dangerous weather conditions throughout the winter months. The City of Brookings is a member of Sourcewell and has investigated and reviewed Sourcewell' s Request for Proposal (RFP) for HVAC Systems, installation, and service with related products and supplies where Johnson Controls is ranked #1 out of five companies (https://www.sourcewell-mn.gov/cooperative-purchasing/030817-jhn). Sourcewell exists to help government, education, and nonprofits work more efficiently by providing a wide range of cooperative contracts while complying with competitive bid process requirements. Their contracts are designed to help fulfill purchasing needs while making the buying process more efficient. All vendor agreements are the result of formal bids or negotiated contracts for equipment, products, and services. Sourcewell is in compliance with competitive bidding requirements. Item Details: 1. Phases of HVAC Upgrade / Retrofit Project The HVAC Upgrade I Retrofit Project will be executed by Johnson Controls (JCI) and will be completed in a total of (Three) phases:  Phase I will provide design development  Phase II will consist of a final design-build agreement which will include final construction documents and executed contracts.  Phase Ill will execute the construction of the Upgrade/ Retrofit Project 2. Timeline The following are approximate milestones for the development process of this Upgrade / Retrofit Project: 1. Execute Upgrade/ Retrofit Project Development Agreement - June 2022 2. Complete Phase 1 Design Development - August 2022 3. Complete Phase 2 Design/ Build Agreement - September 2022 4. Start Construction - February 2023 5. Installation complete - April 2023 6. Equipment start up - May 2023 7. Begin Operations - May 2023 Legal Consideration: Legal counsel reviewed the utilization of Sourcewell as an acceptable source for purchasing as it meets bidding requirements. Strategic Plan Consideration: Fiscal Responsibility – limits the City’s future liability for costly repairs or inability to host events that generate revenue and positively impact the City’s economy Safe, Inclusive, and Connected Community – significantly reduces employee safety risk Financial Consideration: This project’s estimated maximum cost is $1,500,000. It will be funded with City Council Priority Project Fund reserves and the estimated cost has been added to 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: Resolution JCI Agreement Resolution 22-037 Resolution of the City of Brookings to Enter into a Cooperative Purchasing Agreement through Sourcewell for an HVAC Replacement and a Controls Upgrade Whereas, Sourcewell Cooperative Purchasing is a Public Purchasing Unit, and the City of Brookings is a Sourcewell Member; and Whereas, the City of Brookings has investigated and reviewed Sourcewell’s Request for Proposal (RFP) for HVAC Systems, Installation, and Service with Related Products and Supplies. In addition, the City of Brookings has reviewed Sourcewell’s Form G (RFP evaluation at https://www.sourcewell- mn.gov/cooperative-purchasing/030817-jhn), where Johnson Controls is ranked #1 out of five companies; and Whereas, Sourcewell has put this project up for competitive bids, in compliance with South Dakota law; and Whereas, the City of Brookings is interested in implementing an HVAC Replacement and a Controls Upgrade to improve the infrastructure and energy efficiency of the Swiftel Center. Moreover, City of Brookings’ staff has reviewed Sourcewell's/Johnson Controls Contract #030817-JHN, effective 5-8-17 to 5-8- 22, and found it acceptable. Now, Therefore, Be It Resolved by the City Council of the City of Brookings, that the City enter into a Sourcewell Procurement Agreement for “HVAC Replacement and a Controls Upgrade” with Johnson Controls and that the City Manager or his designee are authorized to execute the documents necessary to purchase the HVAC Replacement and Controls Upgrade through Sourcewell's/Johnson Controls Contract #030817-JHN. Passed and approved this 26th day of April, 2022. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk SWIFTEL CENTER – HVAC PROJECT FEASIBILITY STUDY Date: April 11, 2022 Name: Swiftel Center (City of Brookings) – HVAC Upgrades Document Type: Feasibility Study & Project Development Agreement (PDA) Swiftel Center Owner Contact: Michael Logan Title: General Manger Phone: (605) 697-8867 Email: mlogan@swiftelcenter.com Owner: City of Brookings Address: 824 32ns Ave. Brookings, SD 57006 Phone: (605) 692-7539 Website: www.swiftelcenter.com Johnson Controls Inc Name: Johnson Controls Inc. Contact: Tom Hunstad Address: HVAC Branch Office Title:Account Manager – Owner Direct Phone: (605)929-8154 3413 Gateway Blvd. Sioux Falls, SD 57106 Email: thomas.m.hunstad@jci.com Phone: (866) 818-5508 Website: www.johnsoncontrols.com Prime Retrofit Team Simplified Procurement of HVAC Equipment, Products, and Services Swiftel Center - HVAC Feasibility Study 1 EXECUTIVE SUMMARY This year Johnson Controls was invited into the Swiftel Center facility to investigate a couple of projects relating to the HVAC systems that serve the building. My understanding is that Swiftel Center is creating a budget for this upcoming year and into the future. Michael Logan asked JCI to investigate the HVAC System to determine a path to upgrade or replace. Mr. Logan located the building blueprints for our study. JCI has studied the plans, determined possible solutions, and budgeted for a turnkey solution for the HVAC System and other facility improvement measures (FIM’s) requested. The following is a feasibility report which gives a budget for planning purposes to each FIM. The next steps will be to work together under a project development agreement to come up with the correct scopes of work needed to complete each. This report will outline each step and how we can work together to get these projects done when you are ready. JCI’s project solutions are designed to meet the current codes and standards for energy, air changes, outside air, filtration, & temperature. JCI includes all the design details, approval of the final plans and specifications for the Facility Improvement Measures (FIMs) that have been identified. Our solutions are turnkey and gives you the peace of mind that the team who helps you care for your buildings is also the team to complete the projects for your buildings. We have based our solution on the conversations and written information supplied by Swiftel Center. If this feasibility study justifies a project for Swiftel Center, then JCI will create a Project Development Agreement (PDA) for this project. Under the PDA phase, we will work together to prepare a detailed scope of work for each FIM by setting all the design criteria for these systems so we can get hard numbers for all the equipment, materials, and labor required to implement these projects. JCI’s Prime Retrofit Team will provide a turnkey solution for the scopes of work under each of FIM. Working together with JCI the Swiftel Center (City of Brookings) can expect a local team of mechanical experts to support their project from start to finish. We always keep your budget in mind and use a competitive solicitation process to ensure your best pricing. As Swiftel Center works through their budgeting steps I would like to volunteer to be a resource to help plan and meet in person when needed to review these projects. At that time, we can discuss each step needed to complete this project. We can learn more about how we can help work with you make this project a reality for your facility. Please let me know if you have any questions. We appreciate the opportunity to work together on this project and look forward to hearing back from you. Respectfully, Thomas Hunstad Account Manager Johnson Controls, Inc. Prime Retrofit Team Simplified Procurement of HVAC Equipment, Products, and Services Swiftel Center - HVAC Feasibility Study 2 JOHNSON CONTROLS OVERVIEW Johnson Controls is a leading business partner in North America with respect to improving the indoor environment, employing process improvements, and lowering cost of facility ownership and operation. We bring years of expertise in identifying and correcting inefficiencies that not only compromise the quality of the indoor environment, but also result in excessive facility operating costs. Johnson Controls’ expertise includes disciplines from the financial, engineering, planning, service, training, and construction professions, all of which can contribute to the infrastructure and operation of your hospital. Johnson Controls employs a partnership business process with customers, focusing not just on problems but on goals and strategies. The value we bring is our ability to diagnose and prescribe early in the buying process, where customers need them most. Adding true value requires involvement in the stages of the buying process where customers face the greatest challenges – Planning, recognizing needs, searching for solutions, and evaluating options. Our involvement in these stages demands an in-depth understanding of the customer’s business goals and challenges, as well as the customer’s planning process. These are the phases we have developed for a four-part program which we are recommending. I.Feasibility Study sets a budget to help the owner understand if we can justify further investigation. II.Project Development Phase determines the actual costs and savings for an asset renewal project. III.Implementation Phase of the recommendation of the Phase I and Phase II studies and analysis. IV.Operate & Maintain where JCI provides on-going service and support through a plan to ensure the projected outcomes are achieved. Based on the findings of our preliminary analysis we believe there is a business case and recommend further investigation via a Project Development Agreement or PDA (See Appendix A) to investigate and quantify the actual cost and possible savings for each facility improvement measure. Feasibility Study Project DevelopmentImplementation Operate & Maintain Prime Retrofit Team Simplified Procurement of HVAC Equipment, Products, and Services Swiftel Center - HVAC Feasibility Study 3 JCI’S PRIME RETROFIT PROCESS Preliminary Assessment Project Development Contract Approval Design & Mobilize Project List Procurement Construction Management •JCI completes a condition assessment and discusses the facilities operation & maintenance needs with staff. •A list of Facility Improvement Measures (FIM ) is created. •Assign a priority for each of the FIMs based on the business impact and/or ROI of each individual FIM. •JCI creates a narrative, business case , and budget for each FIM based on past project pricing and experience. •JCI & Facilities Committee reviews the budgets and business cases together and discusses alternatives . •JCI & Owner discuss financial parameters and hurdles. •Owner approves a Project Development Agreement. •JCI completes a preliminary design for requested FIMs. •JCI & Owner discuss a construction timeline for FIMs. •JCI finalizes all FIM prices for the Prime Retrofit Proposal. •JCI & Owner collaborate on funding model for the project. •JCI Presents the final Prime Retrofit Proposal to Owner. •Owner approves JCI ’s Prime Retrofit Proposal for design and construction services. •Owner approves the funding model for the project and signs off on the necessary funding documents required. •JCI finalizes design documents for the projects. •JCI ’s team reviews the constructability of the plans and specifications to meet the requirements of the project . •JCI applies for Construction Permits and Tests. •JCI holds Project Kick Off meeting with the owner and discusses the construction timeline and next steps . •JCI breaks down the project into several small bid packages and meets with qualified local specialty subcontractors & vendors . •JCI coordinates any value engineering options with our team. •JCI awards purchase orders & subcontracts to vendors. •JCI represents the Owner to set a project schedule and on site expectations with the project construction team. •JCI reviews and approves all vendor shop drawings. •JCI directs and supervises the day to day job site work and ensures the project stays on schedule. •JCI holds regular job site meetings with their vendors. •JCI issues weekly job reports and reviews with the owner. •JCI manages project close out and the warranty process. Planning Phases Feasibility Study PhaseProject Development PhaseProject Design & Construction PhaseFeasibility Study Project DevelopmentImplementation Operate & Maintain Prime Retrofit Team Simplified Procurement of HVAC Equipment, Products, and Services Swiftel Center - HVAC Feasibility Study 4 BUILDING OVERVIEW Prime Retrofit Team Simplified Procurement of HVAC Equipment, Products, and Services Swiftel Center - HVAC Feasibility Study 5 NORTH NOT ACTUAL PRINTS Prime Retrofit Team Simplified Procurement of HVAC Equipment, Products, and Services Swiftel Center - HVAC Feasibility Study 6 Equipment Schedules The following equipment schedules are based on the 1997and 2000 Blue Prints that we were given access to from the owner. We have no documentation on the AHU's Serving the Arena. Prime Retrofit Team Simplified Procurement of HVAC Equipment, Products, and Services Swiftel Center - HVAC Feasibility Study 7 ASHRAE USEFUL SERVICE LIFE TABLE To determine the need for upgrading we investigate the condition of the equipment, the use of the equipment in today’s setting, and benchmark against the ASHRAE Standards for useful life. This is available for each type of HVAC equipment and can be used to compare the age of each existing piece of equipment to its average useful life. The table above highlights some of the equipment that Swiftel Center has in their facility. Prime Retrofit Team Simplified Procurement of HVAC Equipment, Products, and Services Swiftel Center - HVAC Feasibility Study 8 FIM 1: ARENA AHU REPLACEMENT Overview Swiftel Center seeks to evaluate the replacement of their existing Air Handling Unit's that serves Arena addition to the facility. It is important to first take into consideration the current condition of the equipment as well as any issues the owner is currently having with the equipment. The original AHU and heating system was designed and installed from a set of plans dated 1973. Based on its age these pieces of equipment are past the end of their intended useful life. The new boiler plant will give your facility a much more reliable system for years to come and reset the useful life of the hot water plant. As we are looking to the future it is important to understand the need for investing in replacement of this critical piece of HVAC equipment and its corresponding systems. Budget: $443,000 The budget is preliminary based on equipment, materials, and labor costs JCI has incurred on similar projects in the past. We can add this FIM to a Project Development Agreement, where we will begin the design so we can get hard numbers needed for each cost and finalize our construction contract price. The PDA will allow us the time to carefully answer your questions and ours, so we clearly identify all the details of each scopes of work required for this FIM. It will also allow us to look for alternative options. Scope The following information summarizes the scopes of work we are including in our pricing for this project. •Two (2) new AHU's with gas fired indirect heating with modulating gas valves and venting. •Reuse the existing Condensing units and Cooling Coils. •Demo & Install of AHU's. •New Metasys Controls for the AHU's, VDF's Heating and Cooling. •Professionally engineered set of plans for the HVAC plant. Prime Retrofit Team Simplified Procurement of HVAC Equipment, Products, and Services Swiftel Center - HVAC Feasibility Study 9 FIM 2: REPLACE ROOF TOP UNITS Overview Swiftel Center seeks to evaluate the replacement of their existing Roof Top Units that serves offices, conference rooms, Ball rooms and kitchen areas of the facility. The original digitally controlled gas fired Roof Top Units were designed and installed from a set of plans dated 1997. Based on its age these pieces of equipment are past the end of their intended useful life. Budget: $1,030,000 The budget is preliminary based on equipment, materials, and labor costs JCI has incurred on similar projects in the past. We can add this FIM to a Project Development Agreement, where we will begin the design so we can get hard numbers needed for each cost and finalize our construction contract price. The PDA will allow us the time to carefully answer your questions and ours, so we clearly identify all the details of each scopes of work required for this FIM. It will also allow us to look for alternative options. Scope The following information summarizes the scopes of work we are including in our pricing for this project. •Thirteen (13) new Roof Top Units. •Demo existing Roof Top Units. •Install new Roof Top Unit, & Electrical. •New Metasys Controls for the RTU. Prime Retrofit Team Simplified Procurement of HVAC Equipment, Products, and Services Swiftel Center - HVAC Feasibility Study 10 o Three (3) three ton unitso Two (2) five ton unitso One (1) seven and a half ton unito Two (2) fifteen ton unitso Five (5) twenty ton units FIM 3: METAYS UPGRADES Overview Swiftel Center has requested an option for Cooling a small office area on the second floor southwest corner of the area. There is currently nothing serving this room. A mini-split unit is the best option for the dollar. Budgets: $15,000.00 The budget is preliminary based on equipment, materials, and labor costs JCI has incurred on similar projects in the past. We can add this FIM to a Project Development Agreement, where we will begin the design so we can get hard numbers needed for each cost and finalize our construction contract price. The PDA will allow us the time to carefully answer your questions and ours, so we clearly identify all the details of each scopes of work required for this FIM. It will also allow us to look for alternative options. Scope: The following information summarizes the scopes of work we are including in our pricing for this project. Purchase and install one (1) 18 SEER Single Zone Mini Split Heat Pump System. This will be a stand alone and not connected to the existing or new Metasys Control System. Provide new electrical service to the unit. Prime Retrofit Team Simplified Procurement of HVAC Equipment, Products, and Services Swiftel Center - HVAC Feasibility Study 11 Factory Direct Service Prime Retrofit Model Project Management Engineering Services PRIME RETROFIT TEAM STRUCTURE Prime Retrofit Contracts: Single Source Responsibility Johnson Controls and serves as a single source of responsibility and becomes your Prime Contractor with full responsibility for Engineering Services, Procurement, Project Management, Subcontractors, and Warranty. This option offers one-stop shopping with single-source responsibility. Program for Single-Source of Accountability – Reducing Risk While Ensuring Project Success and Quality Prime Retrofit Team Budget & Schedule Management Installation & Factory Start-Up Equipment Procurement Subcontractor Selection Equipment Delivery Prime Retrofit Team Simplified Procurement of HVAC Equipment, Products, and Services Swiftel Center - HVAC Feasibility Study 12 PRIME RETROFIT MODEL Given that Johnson Controls is responsible for overall program management, quality, and ultimate success, our end-to-end solution includes the following project components. Equipment Procurement and Delivery: JCI is a manufacturer of smart, data-driven products, solutions, and services including HVAC, lighting, water conservation, fire safety, security systems, as well as renewable energy projects that include solar, wind and geothermal technologies. We design systems that optimize control of your facility’s environment using sensors and artificial intelligence to reduce energy consumption and overall operating costs. Our Sourcewell Agreement gives the members access to a large catalog of equipment, products, and services at a discounted rate. Our Prime Retrofit Team is well suited to negotiate all the pitfalls of procuring long lead items such as Air Handling Units and Chillers. We have good relationships with our Factories that allow us to make deadlines work out for our customers. Our entire team including the factory and project managers are all focused on ensuring our projects can be completed on schedule. Engineering Services: Based our extensive history and experience serving the public and commercial markets, Johnson Controls has been able to build upon and expand our base of service offerings including Preliminary Assessments and turnkey Prime Retrofit Projects. We work closely with our local engineers to determine which systems need to be upgraded and work as a team to determine budget projects that can be completed in the owner’s timeframe with a professional design. Project Management: Our project management approach is based on over a century of installation and project management expertise. We will deliver the promised work on time, within the agreed upon budget, and ensure the results of your projects meet for exceeds your expectations for years to come. We handle all of the small headaches and the big one’s too. We ensure proper communication between our team and the owner and seek to always stay ahead of schedule. JCI prides itself on managing projects to avoid expensive change orders. Subcontractors: Johnson Controls will select best-in-class local subcontractors and abide by your policy. We have utilized the Prime Retrofit model to complete projects with several local contractors. We establish a schedule at the beginning and hold our team accountable for delivery dates and manpower to the end. Only those local partners who have demonstrated a shared commitment to excellence and our customers will be considered. You will have input on all subcontractor(s) selected for your project. Installation: As the managing partner charged with ensuring project quality, Johnson Controls will closely supervise and monitor all product installations to ensure proper product application, and ultimately, the ability to ensure operational success of your investment in your building for years to come. Factory Startup & Warranty: Johnson Controls is a proud equipment manufacturer and warrants all equipment and associated factory supplied materials or start-up services performed by Johnson Controls in connection, therewith, against defects in Prime Retrofit Team Simplified Procurement of HVAC Equipment, Products, and Services Swiftel Center - HVAC Feasibility Study 13 workmanship and material for a period of eighteen (18) months from date of shipment, or twelve (12) months from date of startup, whichever occurs first. Prime Retrofit Team Simplified Procurement of HVAC Equipment, Products, and Services Swiftel Center - HVAC Feasibility Study 14 PRIME RETROFIT BENEFITS Single-source Efficiency for Facility Renovation Turnkey Upgrades and Retrofits helps organizations make their facilities smarter and more efficient, from concept to completion. Johnson Controls’ Turnkey Upgrades and Retrofit services are an efficient and reliable way to upgrade existing facilities. We cover all aspects of a retrofit—from identifying organizational goals and technical needs to planning and completing the project. Our integrated solution provides a single point of accountability that helps you meet your building or organizational goals with simple, cost-effective, and innovative strategies. Direct Procurement: Equipment sourced directly from manufacturers through a simple, cost-effective process. End-to-end Support Complete retrofit support, from equipment selection to installation and commission. Greater Accountability Single-source accountability ensures better responsiveness, and fewer change orders. Local Team of Experts Johnson Controls Building Technologies & Solutions partners with customers all over the world, in all market segments: education, healthcare, retail and commercial buildings, institutional and government facilities. Locally our Fargo Prime Retrofit Team has put together several successful projects throughout the region with the local engineers and contractors that you know best. A Holistic Solution to Long Term Facilities Investments Johnson Controls acts as your trusted advisor during these uncertain times where a turnkey project may be critical to the upgrades needed in your facility. We focus on building infrastructure projects that address indoor air quality, deferred maintenance, and long-range infrastructure objectives. Our team is an efficient way to develop, procure, deliver, and install turnkey projects that address your building’s needs. The Prime Retrofit Model we utilize will give you peace of mind and a single line of communication to manage as JCI ensures the proper design and execution of your projects. Prime Retrofit Team Simplified Procurement of HVAC Equipment, Products, and Services Swiftel Center - HVAC Feasibility Study 15 APPENDIX A: PROJECT DEVELOPMENT AGREEMENT THIS PROJECT DEVELOPMENT AGREEMENT (this “Agreement”) is made between “Swiftel Center (City of Brookings)” (“Customer”), located at 824 32nd Ave, Brookings SD 57006 and Johnson Controls, Inc. (“JCI”), a located at 3413 Gateway Blvd. Sioux Falls, SD 57106. This Agreement shall be effective upon the date of execution of this Agreement by the parties. RECITALS WHEREAS, Swiftel Center (City of Brookings) desires to develop a Design Development Packet for the construction and installation of a new Upgrade / Retrofit Project To Be Determined to be located at the Swiftel Center (the “Upgrade / Retrofit Project”); and WHEREAS, Swiftel Center (City of Brookings) desires to develop appropriate design development documents in order to obtain final pricing for the construction and installation of a new Upgrade / Retrofit Project To Be Determined to be located at the Swiftel Center (City of Brookings) ; and WHERAS,Swiftel Center (City of Brookings) Communications further desires to engage JCI to construct and install the Upgrade / Retrofit Project To Be Determined; and WHEREAS, JCI is knowledgeable in providing the foregoing services and is prepared to perform the required services in relation to the Upgrade / Retrofit Project, pursuant to the terms and conditions set forth in this Agreement; NOW, THEREFORE, in consideration of the mutual promises contained herein, the sufficiency of which is hereby acknowledged, Swiftel Center (City of Brookings) agrees to appoint JCI as the provider of the services contained herein and JCI hereby accepts such appointment upon the terms and conditions set forth in this Agreement. The parties hereby agree as follows: 1.Phases of Upgrade / Retrofit Project The parties agree that the Upgrade / Retrofit Project shall be executed by JCI and Swiftel Center (City of Brookings) and completed in a total of (Three) Phases: a)Phase I of this Upgrade / Retrofit Project, which is expected to be complete by To Be Determined, will provide design development as detailed in the sections below. b)Phase II of this Upgrade / Retrofit Project will provide will consist of a final design-build agreement which will include final construction documents and executed contracts. c)Phase III Construction of the Upgrade / Retrofit Project To Be Determined. 2.Phase I Scope of Services To enable both parties to expeditiously evaluate the potential benefits of this approach without excessive speculative investment by JCI, or speculative commitment by the Swiftel Center (City of Brookings) the parties agree to jointly undertake a Process of Design Development (the or this “Process”). This Process shall include the following: a.Execution of this Upgrade / Retrofit Project Development Agreement between JCI and Swiftel Center (City of Brookings). Prime Retrofit Team Simplified Procurement of HVAC Equipment, Products, and Services Swiftel Center - HVAC Feasibility Study 16 b.Provision of initial budgeting information based on the owner’s expectations and the Upgrade / Retrofit Project budget and schedule requirements. The initial budget and development will be a working model of the program and construction cost objectives and shall be revised, as needed. c.Development of schematic design package of the Upgrade / Retrofit Project To Be Determined. The Schematic Design Package shall include, but not be limited to the following: Floor Plans, Elevations, Structural Sections, Mechanical Piping, Electrical and a Bill of Materials. This package will contain information to ensure that the appropriate design criteria are maintained in the development process. d.Completion of preliminary design review with Swiftel Center (City of Brookings) . e.The design development package will also allow for the development of a construction schedule and installation price. 3. Duties of Customer Swiftel Center (City of Brookings) Swiftel Center (City of Brookings) will work in a diligent and timely manner with JCI to develop the aforesaid functions. The Swiftel Center (City of Brookings) shall commit to providing in a timely manner any information required to perform all relevant programming and planning, and shall also properly position JCI with the rest of its staff to insure a cooperative and successful effort. 4. Duties of JCI JCI also commits to work in a diligent and timely manner with the Swiftel Center (City of Brookings) to deliver the aforesaid documents and materials and to complete the foregoing tasks for the purpose of constructing a Upgrade / Retrofit Project To Be Determined. JCI shall provide adequate and qualified resources to meet the Upgrade / Retrofit Project schedule, and shall work with the Customer's management in a manner that enables it to make an informed decision. 5. Phase I Compensation As compensation for JCI’s performance of the Phase I Scope of Services under and pursuant to this Agreement, the fee to JCI shall be Four (4) Percent of Budgeted Amount ($1,500,000) or $60,000.00. The foregoing price is based upon the assumption that the total cost for construction and installation of a new Upgrade / Retrofit Project To Be Determined. FIM's 1-3 are of the project will NOT TO EXCEED $1,500,000.00. JCI understands it is the Swiftel Center (City of Brookings) intent to move forward with Phase II of this agreement. At the end of the Phase I, if this objective is achieved, the cost for Phase I will be rolled into the final construction and installation agreement. If the Swiftel Center (City of Brookings) does not move forward with Phase II, or does not move forward within 90 days, then total amount for Phase I shall be due in full to JCI. Customer Swiftel Center (City of Brookings) and JCI agree that any pre-arranged purchasing agreements and/or programs and the discount fee’s associated with these (GPO’s, etc) will apply to Phase I as well as to the final design and delivery of Phase II. 6. Timeline The following are approximate milestones for the development process of this Upgrade / Retrofit Project Development Agreement and subsequent activities. Customer and JCI agree that this timeline is subject to change depending upon the mutually defined scope of the Upgrade / Retrofit Project. 1. Execute Upgrade / Retrofit Project Development Agreement June 2022 2.Complete Phase I Design Development 3.Complete Phase II Design/Build Agreement 4.Start Construction August 2022 September 2022 February 2023 Prime Retrofit Team Simplified Procurement of HVAC Equipment, Products, and Services Swiftel Center - HVAC Feasibility Study 17 5.Installation Complete 6.Equipment Start-Up 7.Begin Operations April 2023 May 2023 May 2023 7.Indemnity The Swiftel Center (City of Brookings) shall indemnify and hold harmless JCI, its employees, agents, and assigns from and against all claims, actions, damages, liabilities, and expenses, including attorney's fees, arising out of or related to this Agreement, except for injuries or death to persons or damage to property caused by the negligence of JCI, its employees, agents or assigns. JCI shall indemnify and hold harmless the Swiftel Center (City of Brookings), its employees, agents, and assigns against all claims, actions, damages, liabilities, and expenses, including attorney's fees, arising out of or related to any claims of patent infringement and any claims of construction or materialman's lien made by any subcontractor or materialmen. JCI and the Swiftel Center (City of Brookings) agree that JCI shall be responsible only for such injury, loss, or damage caused by the intentional misconduct or the negligent act or omission of JCI. Under no circumstances shall Swiftel Center (City of Brookings) or JCI be responsible or liable for indirect, special, punitive, exemplary or consequential damages, including damages for lost profits or loss of business opportunity. 8.Disputes If a dispute arises under this Agreement, the parties shall promptly attempt in good faith to resolve the dispute by negotiation. All disputes not resolved by negotiation shall be resolved in accordance with the Commercial Rules of the American Arbitration Association in effect at that time, except as modified herein. A single arbitrator shall decide all disputes. The arbitrator shall render a decision no later than nine months after the demand for arbitration is filed, and the arbitrator shall state in writing the factual and legal basis for the award. No discovery shall be permitted. The arbitrator shall issue a scheduling order that shall not be modified except by the mutual agreement of the parties. Judgment may be entered upon the award in the highest state or federal court having jurisdiction over the matter. The prevailing party shall recover all costs, including attorney's fees, incurred as a result of the dispute. If the Swiftel Center (City of Brookings) is a state or local governmental entity, then this paragraph shall not apply. All Parties are in agreement with the intent outlined by this Agreement. IN WITNESS WHEREOF, the parties have duly executed this Agreement, in duplicate, as of the date set forth below and certify they are authorized to execute this agreement. Swiftel Center (City of Brookings) Johnson Controls, Inc. By: _________________________________ By: ____________________________________ Title: _______________________________ Title: __________________________________ Date: _______________________________ Date: __________________________________ Signature: ___________________________ Signature: _______________________________ Prime Retrofit Team Simplified Procurement of HVAC Equipment, Products, and Services Swiftel Center - HVAC Feasibility Study 18 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 22-0181,Version:1 City of Brookings Progress Report. Summary: Jacob Meshke, Assistant City Manager, will provide a progress report highlighting the City’s activities/projects. Attachments: Presentation City of Brookings Printed on 4/21/2022Page 1 of 1 powered by Legistar™