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Home My WebLink About2022_05_10 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 Chambers5:30 PMTuesday, May 10, 2022 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 5:30 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2.ID 22-0205 Present Certificate of Election and Oath of Office to City Council Members Bonny Specker (3-year City Council Term), Holly Tilton Byrne (3-year City Council Term), Wayne Avery (2-year City Council Term), and Brianna Doran (1-year City Council term) Certificate of Election - B. Specker Certificate of Election - H. Tilton Byrne Certificate of Election - W. Avery Certificate of Election - B. Doran Oath of Office - B. Specker Oath of Office - H. Tilton Byrne Oath of Office - W. Avery Oath of Office - B. Doran Attachments: 3. Record of Council Attendance. 4. Action to approve the agenda. 5. Executive Session 5.A.ID 22-0214 Executive Session, pursuant to SDCL 1-25-2.3, for purposes of consulting with legal counsel or reviewing communications from legal counsel about Page 1 City of Brookings May 10, 2022City Council Meeting Agenda - Final proposed or pending litigation or contractual matters. Action: Motion to enter into Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote 6:00 PM REGULAR MEETING (Regular Meeting to not begin prior to 6:00 p.m.) 6. 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. 7. 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. 7.A.ID 22-0202 Action to approve City Council meeting minutes. 4/26/2022 Minutes 5/5/2022 Minutes Attachments: 7.B.RES 22-041 Action on Resolution 22-041, a Resolution declaring surplus property for the City of Brookings. ResolutionAttachments: 8. Presentations/Reports: 8.A.ID 22-0207 1st Quarter 2022 CFO Report ReportAttachments: 9. Contracts/Change Orders: 9.A.RES 22-038 Action on Resolution 22-04, a Resolution Rejecting Bids for the High Speed Rotary Snow Blower, Brookings Regional Airport. Memo Resolution Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 10. Ordinance First Readings: No vote is required on the first reading of an Ordinance. The title of the Ordinance is Page 2 City of Brookings May 10, 2022City Council Meeting Agenda - Final read. Public Comment and Council discussion is permitted. The date for the second reading or public hearing is announced. 10.A.ORD 22-017 Introduction and First Reading on Ordinance 22-017, an Ordinance Authorizing Budget Amendment No. 5 to the 2022 Budget. Second Reading: May 24, 2022. Memo Ordinance Attachments: 10.B.ORD 22-018 Introduction and First Reading on Ordinance 22-018, an Ordinance Amending Section 62-86 Duty of Owner. Public Hearing: May 24, 2022. Memo Ordinance - Clean Ordinance - Marked Legal Notice Attachments: 11. Public Hearings and Second Readings: 11.A.RES 22-031 Public Hearing and Action on Resolution 22-031, a Resolution Determining the Necessity of Repairing or Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners; 2022-01SWR Concrete Maintenance Project. Memo Resolution Legal Notice Sidewalk List Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 11.B.RES 22-032 Public Hearing and Action on Resolution 22-032, a Resolution Determining the Necessity of Alley Assessment Project No. 2022-04STA, from 3rd Street to 4th Street connecting 8th Avenue and 9th Avenue. Memo Resolution Legal Notice Property Owner List Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 11.C.ORD 22-012 Second Reading and Action 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. Page 3 City of Brookings May 10, 2022City Council Meeting Agenda - Final Memo Ordinance - clean Ordinance - marked Ordinance 18-017 Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 4/26/22 City Council read into the record 11.D.ID 22-0188 Public Hearing and Action on a Temporary Alcohol Application from the Brookings Cubs Baseball Group for a temporary alcohol license to operate within the City of Brookings, South Dakota for the 2022 Brookings Cubs Baseball Game Season to be held on at Bob Shelden Field, 530 Elm Avenue. Memo Legal Notice Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 11.E.RES 22-039 Public Hearing and Action on Resolution 22-039, a Resolution Creating Boundaries of Tax Increment District Number 12. Memo Resolution Legal Notice Planning Commission Minutes Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 12. Other Business: 12.A.RES 22-040 Action on Resolution 22-040, a Resolution on Adoption of Tax Increment District #12 Project Plan. Memo Resolution Planning Commission Minutes Project Plan Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 13. 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. 14. Adjourn. Page 4 City of Brookings May 10, 2022City Council Meeting Agenda - Final Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Joey Collins, Brianna Doran, Holly Tilton Byrne, Bonny Specker 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 22-0205,Version:1 Present Certificate of Election and Oath of Office to City Council Members Bonny Specker (3-year City Council Term), Holly Tilton Byrne (3-year City Council Term), Wayne Avery (2-year City Council Term), and Brianna Doran (1-year City Council term) Summary: Mayor Niemeyer will present City Council Members Specker, Tilton Byrne, Avery, and Doran with their Certificate of Election. The City Council Members will also take their Oath of Office. Attachments: Certificate of Election - Bonny Specker Certificate of Election - Holly Tilton Byrne Certificate of Election - Wayne Avery Certificate of Election - Brianna Doran Oath of Office - Bonny Specker Oath of Office - Holly Tilton Byrne Oath of Office - Wayne Avery Oath of Office - Brianna Doran City of Brookings Printed on 5/5/2022Page 1 of 1 powered by Legistar™ BONNIE FOSTER, CITY CLERK DATED AT BROOKINGS, SD, THIS 10TH DAY OF MAY, 2022 Bonny Specker BONNIE FOSTER, CITY CLERK DATED AT BROOKINGS, SD, THIS 10TH DAY OF MAY, 2022 Holly Tilton Byrne BONNIE FOSTER, CITY CLERK DATED AT BROOKINGS, SD, THIS 10TH DAY OF MAY, 2022 Wayne Avery BONNIE FOSTER, CITY CLERK DATED AT BROOKINGS, SD, THIS 10TH DAY OF MAY, 2022 Brianna Doran Bonny Specker OEPKE G. NIEMEYER, MAYOR SUBSCRIBED & SWORN TO BEFORE ME THIS 10TH DAY OF MAY, 2022. Holly Tilton Byrne OEPKE G. NIEMEYER, MAYOR SUBSCRIBED & SWORN TO BEFORE ME THIS 10TH DAY OF MAY, 2022. Wayne Avery OEPKE G. NIEMEYER, MAYOR SUBSCRIBED & SWORN TO BEFORE ME THIS 10TH DAY OF MAY, 2022. Brianna Doran OEPKE G. NIEMEYER, MAYOR SUBSCRIBED & SWORN TO BEFORE ME THIS 10TH DAY OF MAY, 2022. 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 22-0214,Version:1 Executive Session, pursuant to SDCL 1-25-2.3, for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters. SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1.Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; 2.Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3.Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4.Preparing for contract negotiations or negotiating with employees or employee representatives; 5.Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or 6.Discussing information listed in subdivisions 1-27-1.5(8) and 1-27-1.5(17). However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1. City of Brookings Printed on 5/5/2022Page 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 22-0202,Version:1 Action to approve City Council meeting minutes. Attachments: 04/26/2022 City Council Minutes 05/05/2022 City Council Minutes City of Brookings Printed on 5/5/2022Page 1 of 1 powered by Legistar™ Brookings City Council April 26, 2022 (unapproved) The Brookings City Council held a meeting on Tuesday, April 26, 2022 at 6:00 PM, at the Brookings City & County Government Center, Chambers, with the following City Council members present: Mayor Oepke Niemeyer, Council Members Leah Brink, Patty Bacon, Nick Wendell, Holly Tilton Byrne, Joey Collins, and Wayne Avery. City Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster were also present. 6:00 PM REGULAR MEETING Agenda. A motion was made by Council Member Collins, seconded by Council Member Brink, that the agenda be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Consent Agenda. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, that the consent agenda be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. A. Action to approve the April 19, 2022 City Council Minutes. B. 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. 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. Recognition of Council Member Patty Bacon. Council Member Patty Bacon was recognized for her leadership to the City of Brookings in the following 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. Mayor Niemeyer presented Council Member Bacon with an American Flag in recognition of her years as City Council Member. Recognition of Council Member Leah Brink. Council Member Leah Brink was recognized for her leadership to the City of Brookings in the following 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. Mayor Niemeyer presented Council Member Brink with an American Flag in recognition of her years as City Council Member. Proclamation. Mayor Niemeyer presented a Proclamation recognizing May 2-7, 2022 as National Travel and Tourism Week. Laura Schoen Carbonneau, Visit Brookings Executive Director accepted the Proclamation. Mayoral Proclamation 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. Proclamation. Mayor Niemeyer presented a Proclamation recognizing May 1-7, 2022 as Small Business Week. Kaitlyn Luebbert with the Brookings Area Chamber of Commerce accepted the Proclamation. Mayoral Proclamation 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, fro m 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 create 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. Resolution 22-035. A motion was made by Council Member Tilton Byrne, seconded by Council Member Collins, that Resolution 22-035, a Resolution Awarding Bids on Project 2022-08STI Street Maintenance and Overlay Project, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Resolution 22-035 - Resolution Awarding Bids on 2022-08STI 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 Al ternative 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 in the amount of $1,947,515.05 for Bowes Construction Co., Inc., be accepted. FIRST READING – Ordinance 22-012. An introduction and first reading was held 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. Ordinance 22-013. A motion was made by Council Member Bacon, seconded by Council Member Brink, that Ordinance 22-013, an Ordinance Authorizing Budget Amendment No. 4 to the 2022 Budget, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Ordinance 22-014. A public hearing 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. A motion was made by Council Member Collins, seconded by Council Member Tilton Byrne, that Ordinance 22-014 be approved. Public Comment: Kyle Rausch and Rob VanLocken. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Ordinance 22-015. A public hearing 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 Comment: Jason Flaskey and Kyle Rausch. A motion was made by Council Member Wendell, seconded by Council Member Brink, that Ordinance 22-015 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Ordinance 22-016. A public hearing 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. A motion was made by Council Member Brink, seconded by Council Member Wendell, that Ordinance 22-016 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Preliminary Plat. A motion was made by Council Member Brink, seconded by Council Member Tilton Byrne, that the Preliminary Plat for Blocks 1-3 in Northern Plains Addition, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Resolution 22-034. A motion was made by Council Member Brink, seconded by Council Member Wendell, that 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, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. 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 repay the funds necessary to pay the project costs described above over a two-year term at the rate stated in Section 1. Resolution 22-037. A motion was made by Council Member Wendell, seconded by Council Member Brink, that 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, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. 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. Progress Report. Jacob Meshke, Assistant City Manager, provided a progress report highlighting the City’s activities/projects. Council Member Introduction of Topics for Future Discussion. A motion was made by Council Member Collins, seconded by Council Member Brink, to add a future discussion item on amending the City’s Scholarship Program to include a requirement of Scholarship awardees to volunteer a minimum of 5 hours per semester with non- profits located in the community which they are attending school. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Adjourn. A motion was made by Council Member Brink, seconded by Council Member Wendell, that the meeting be adjourned at 7:02 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ Oepke G. Niemeyer, Mayor ATTEST: __________________________ Bonnie Foster, City Clerk Brookings City Council May 5, 2022 (unapproved) The Brookings City Council held a special meeting on Thursday, May 5, 2022 at 12:00 Noon, at the Brookings City & County Government Center, Community Room, with the following City Council members present: Mayor Oepke Niemeyer, Council Member Nick Wendell, Holly Tilton Byrne, Wayne Avery, and Joey Collins. Absent: Council Member Leah Brink and Patty Bacon. City Attorney Steve Britzman and City Clerk Bonnie Foster were also present. City Manager Paul Briseno was absent. Agenda. A motion was made by Council Member Wendell, seconded by Council Member Collins, that the agenda be approved. The motion carried by the following vote: Yes: 5 - Niemeyer, Avery, Wendell, Tilton Byrne, and Collins; Absent: 2 - Brink, Bacon. Election Canvass. Bonnie Foster, City Clerk, provided Recount Board Election Canvass details for the 1- year City Council Seat on the April 12, 2022 Combined Municipal / School Board Election for City Council and members of the public. (Council Member Tilton Byrne arrived at 12:08 p.m.) Resolution 22-036. A motion was made by Council Member Wendell, seconded by Mayor Avery, that Resolution 22-036, a Resolution Canvassing the Recount Boards decision on the April 12, 2022 Municipal Election, be approved. The motion carried by the following vote: Yes: 5 - Niemeyer, Avery, Wendell, Tilton Byrne, and Collins; Absent: 2 - Brink, Bacon. Resolution 22-036 - Canvassing the April 12, 2022 Municipal Election Recount 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, 1-Year City Council Candidate Andrew Rasmussen filed a letter requesting a recount; and Whereas, on Monday, May 2nd at 8:00 a.m. the Recount Board assembled consisting of the following representatives: Tim Reed (representing Andrew Rasmussen), Robert Burns (representing Brianna Doran), and former Supreme Court Justice David Gilbertson (neutral representative appointed by the City Clerk); and Whereas, the Recount Board 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 for the office of City Council at the City Election held April 12, 2022 was as follows: Andrew Rasmussen Brianna Doran Official Canvass Recount Official Canvass Recount Vote Center 1 254 254 290 290 Vote Center 2 502 501 323 320 Vote Center 3 134 134 116 116 Vote Center 4 3 3 5 5 Absentee 377 378 545 543 Provisional Ballot 0 0 0 0 TOTALS 1,270 1,270 1,279 1,274 Adjourn. A motion was made by Mayor Tilton Byrne, seconded by Council Member Wendell, that this meeting be adjourned at 12:14 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS, SD __________________________ Oepke G. Niemeyer, Mayor ATTEST: __________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 22-041,Version:1 Action on Resolution 22-041, a Resolution declaring surplus property for the City of Brookings. Summary: The City of Brookings is the owner of the described equipment stated within the Resolution. This property is being declared surplus property according to SDCL Chapter 6-13. Council action is required to declare these items surplus. Fiscal Impact: The proceeds from the sale of surplus property will be delivered to the City of Brookings Finance Officer. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 5/5/2022Page 1 of 1 powered by Legistar™ Resolution 22-041 Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Park, Recreation & Forestry Dept.: H-2111 Center section Scoreboard: Clock, Score & Period w/team name message centers (TNMC’s) (OA-1237-0369, Serial #1157); 2 - H2102 Player/Penalty section @2 (OA 1237-0270, Serial # 1171 and #1172); 2 - H2103 Shots on Goal section @2 (OA-1237-0268, Serial #1099 and 1100); Allsport® 5000 control console with hand held start/stop switch. Police Dept.: Remarkable Tablet (Serial # RM110-120-93665) Whereas, in the best financial interest, it is the desire of the City of Brookings to dispose of as surplus property; and Whereas, the City Manager is hereby authorized to sell or dispose of said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6 -13. Passed and approved this 10th day of May, 2022. CITY OF BROOKINGS, SD ____________________________ ATTEST: Oepke G. Niemeyer, Mayor ___________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0207,Version:1 1st Quarter 2022 CFO Report Summary: Chief Financial Officer, Erick Rangel, will present the 1st Quarter Financial Report to the City Council and members of the public Attachments: Report City of Brookings Printed on 5/5/2022Page 1 of 1 powered by Legistar™ CFO’s Report Q1 2022 City of Brookings REVENUES FY2022 B Prorated YTD 2022 B 2022 YTD A Δ $ F/(U)Δ% Sales Tax: 1st Penny $7,305,390 $1,771,210 $2,018,484 $247,274 14.0% 2nd Penny $7,305,390 $1,771,263 $2,018,484 $247,222 14.0% 3rd Penny $922,162 $222,544 $253,490 $30,946 13.9% BID (Pillow Tax)$242,000 $47,930 $44,526 ($3,404)(7.1%) Total $15,774,942 $3,812,946 $4,334,985 $522,038 13.7% Property Tax:$3,666,001 $123,015 $146,950 $23,935 19.5% Grand Total $19,440,943 $3,935,962 $4,481,935 $545,973 13.9% 2 2022 Jan –March Tax Revenue Revenue Tax Collected vs LY vs Budget Total tax collected is 13.9% above budget or $546k Sales driven tax revenue is 14.2% higher than last year and 13.7% above budget or $522k Growth in Q1 21 was +2.2% vs last year Hospitality Industry driven taxes —3rd Penny or “Tourism” + 17.8% growth —BID or “Hotel” + 6.9% growth but flat to budget A Actuals Δ Variance B Budget 2022 1Q Tax Revenue & Other Income Notes -Proration of tax revenue is based on average monthly historical timing of collections -The sales tax reported period is for the previous month’s actual activity; thus, the reported numbers represent December’21 to February’22 economic activity +13.7% +14.2% Year over Year (YoY) declines in the Wholesale Trade Industry have been offset by gains in the Manufacturing, Transportation, Retail Trade and Services sectors Category YTD YoY A Agriculture, Forestry and Fishing 44,314 11.4% C Construction 69,162 1.9% D Manufacturing 382,787 123.5% E Transportation, Communications, Electric, Gas, and Sanitary Services 336,927 13.1% F Wholesale Trade 279,617 -9.2% G Retail Trade 2,492,978 10.8% H Finance, Insurance & Real Estate 49,938 -2.6% I Services 672,527 11.8% O Other 1,648 386.6% T Total 4,329,898 14.3% 3 2022 Jan –March Sales Tax Revenue by Industry Additional sales tax information can be found in the City’s Performance Management Dashboard through the following link —City of Brookings, SD -Performance Analytics -Envisio EXPENDITURES:FY2022 B Prorated YTD 2022 B 2022YTD A Δ $ F/(U)% Used Δ Revenue $ F/(U) Net Surplus/ (Deficit) Animal Control $159,181 25,740$ $19,925 $5,815 12.5%$1,684 $7,499 Aquatic Center $452,619 22,741$ $17,556 $5,185 3.9%$27 $5,212 City Attorney $136,000 34,000$ $25,767 $8,233 18.9%$0 $8,233 City Clerk $271,250 71,391$ $72,297 ($906)26.7%($278)($1,184) City Manager $602,280 130,339$ $141,254 ($10,915)23.5%$30 ($10,885) Community Development $931,577 228,550$ $199,660 $28,889 21.4%($14,054)$14,835 County Reimbursement $385,400 96,350$ $31,518 $64,832 8.2%($30,425)$34,407 Finance $640,146 157,896$ $120,089 $37,807 18.8%($5,114)$32,693 Fire Department $798,931 231,810$ $252,532 ($20,722)31.6%($838)($21,560) Forestry $402,786 100,417$ $70,052 $30,365 17.4%($525)$29,840 Government Buildings $200,449 50,112$ $103,060 ($52,948)51.4%$1,264 ($51,683) Human Resources $579,722 115,027$ $87,313 $27,714 15.1%($341)$27,373 Hydrant Rental $102,000 17,000$ $8,654 $8,346 8.5%$0 $8,346 Ice Arena $477,678 113,812$ $96,266 $17,546 20.2%$19,552 $37,098 IT $340,771 67,159$ $77,336 ($10,177)22.7%$0 ($10,177) Library $1,262,683 245,031$ $250,627 ($5,596)19.8%$9,213 $3,617 Mayor & Council $115,932 18,812$ $22,268 ($3,456)19.2%$0 ($3,456) Parks Department $1,608,937 268,432$ $335,944 ($67,512)20.9%$23,365 ($44,147) Police Department $4,052,051 843,528$ $968,584 ($125,056)23.9%$7,252 ($117,804) Public Works $372,449 91,867$ $59,760 $32,107 16.0%$0 $32,107 Recreation Department $491,050 127,881$ $88,738 $39,143 18.1%($4,854)$34,288 Street Department $2,536,145 584,955$ $449,360 $135,595 17.7%$17,865 $153,459 Subsidies/Appropriation $1,200,558 405,389$ $264,372 $141,017 22.0%$12 $141,029 Non Departamental $642,908 96,421$ $55,982 $40,439 8.7%$108,239 $148,678 Reserves Used $1,200,000 1,200,000$ $1,100,000 $100,000 91.7%$0 $100,000 Total $19,963,503 $5,344,660 $4,918,914 $425,746 24.6%$132,070 $557,816 General Fund 4 2022 Jan –March Budget vs Actuals –General Fund Total General Fund expense is at 24.6% of total budget, which represents a $426k surplus vs budget ̶Excluding reserves used, expense is at 20.4% of budget A large part of this surplus is attributed to timing of expenses and staff vacancies Departments that show a current deficit is mostly due to timing of expenses ̶However, fuel and utilities expense increased ~20% over last year, staff will continue monitoring Total revenues are $132k higher mainly driven by higher “other tax” income (i.e. Bank Franchise Taxes) and additional $25k in ARPA funds A Actuals Δ Variance B Budget Notes -Proration of expenses and revenue are based on a 2yr monthly historical timing average EXPENDITURES:FY2022 B Prorated YTD 2022 B 2022 YTD A Δ $ F/(U)% Used CIP $12,150,625 $502,737 $205,115 $297,622 1.7% All Other*$25,825,978 $2,990,577 $2,580,178 $410,399 10.0% Grand Total $57,940,106 $8,837,974 $7,704,208 $1,133,767 13.3% 5 2022 Jan –March CIP and Other Funds Budget vs Actuals Excluding all non capital project expenses1, CIP fund is at 2.3% of budget with a total spend of $205k. —Main initiatives funded to date are upgrades to the Library including security improvements Overall City spending is at 13.3% of budget A Actuals Δ Variance B Budget Capital Improvement Projects & Other *All Other –Other Government , Special, Capital Projects and Enterprise Funds managed by the City. Excludes Swiftel Center 1Q Operational Expenses Capital Improvement Spend by Project 1 Non Capital project expenses include transfers, debt payments and sinking fund Library Dep Capital Exp, $121,854 , 59% Parks & Rec Improvements, $35,575 , 17% Vehicles and Equip Capital Exp, $32,124 , 16% Other, $15,912 , 8% 6 City Council Priority Project List (CCPPF) Priority Funding Available Balance After Approved 8,783,081$ Primary Projects (IN priority order)Cost FD Training Tower 590,000$ Public Safety Center - $8.5M 7,977,800$ Indoor Rec Facility 850,000$ Total Unapproved Primary Projects 9,417,800$ Priority Funding after Unapproved Primary Projects (634,719)$ ARPA Federal Grant - received as of 04/22 1,452,677$ Secondary Projects (IN priority order)Cost Golf - Upgrade Irrigation System 1,200,000$ Library - Overall Upgrade 1,500,000$ Pay Down Debt -$ Total Unapproved Secondary Projects 2,700,000$ Priority Funding after Unapproved Secondary Projects (2,516,760)$ General Fund Reserves ARPA Federal Grant - received as of 04/22 Total City Council Priority Funding Available Balance 13,665,281$ City Council Approved Projects*Cost 2021/22 Facility Improvements (Budget appropriation)2,500,000$ Public Safety Center - PM, Design & Eng Ord 21-029 522,200$ Housing Study Ord 21-029 35,000$ Brookings County Food Pantry Ord 21-039 300,000$ Mental Health Agencies Subsidy Ord 22-008 25,000$ HVAC Swiftel Center Ord 22-013 1,500,000$ Total CC Approved Projects 4,882,200$ *Formally Adopted *Please refer to Appendix for additional detail Priority Funding after Unapproved Primary Projects 817,958$ 7 2022 Q1 Economic Update Gross domestic product fell at a 1.4% annual pace in the first quarter —Mainly driven by slower pace of inventory investment by businesses and fading pandemic government stimulus —Consumer spending increased by 2.7% —Business invested 9.2% more in equipment and R&D Annual growth in 2022 is expected at 3% and 2.2% in 2023 CPI for the Midwest Region increased 1.3% from previous month and 8.6% from previous year driven mainly by higher gasoline prices Unemployment in South Dakota was at 2.5% in March Sources: https://www.conference-board.org/research/us-forecast PCE (Personal Consumption Expenses, includes food and Energy) https://www.bea.gov/data/gdp; https://www.bls.gov/regions/midwest/south_dakota.htm#eag 8 2022 Distinguished Budget Presentation Award For the first time in its history, The City’s 2022 Budget recently received the Government Finance Officers Association Distinguished Budget Presentation Award This award reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting The City had to satisfy nationally recognized guidelines for effective budget presentation This achievement is the result of excellent teamwork from City staff to produce a high-quality budget that is fiscally responsible and contains key information for citizens 9 Questions or Comments? Erick Rangel CFO 605-697-8640 erangel@cityofbrookings-sd.gov https://cityofbrookings-sd.gov/200/Finance-Department Please contact the City of Brooking’s Chief Financial Officer : 10 Appendix 11 City Council Priority Project List (CCPPF) -Detail General Fund Reserves ARPA Federal Grant - received as of 02/22 2020 Current Estimated Unassigned Liquid Assets Balance 14,063,699$ 2022 GF Reserve Balance of 15% + Stabilization of 5%3,511,267$ 2021 Estimated GF surplus after Amd #2 509,235$ City Council Priority Funding Available Balance 11,061,667$ Additional Unassigned Reserves CIP Fund - Restricted to Infrastructure and Equipment 2,603,615$ Total City Council Priority Funding Available Balance 13,665,281$ City Council Approved Projects*Cost 2021 Facility Improvements (Budget appropriation)1,400,000$ 2022 Facility Improvements (Budget appropriation)1,100,000$ Public Safety Center - PM, Design & Eng Ord 21-029 522,200$ Housing Study Ord 21-029 35,000$ Brookings County Food Pantry Ord 21-039 300,000$ Mental Health Agencies Subsidy Ord 22-008 25,000$ HVAC Swiftel Center Ord 22-013 1,500,000$ Total CC Approved Projects 4,882,200$ *Formally Adopted Priority Funding Available Balance After Approved 8,783,081$ Primary Projects (IN priority order)Cost FD Training Tower 590,000$ Public Safety Center - $8.5M 7,977,800$ Indoor Rec Facility 850,000$ Total Unapproved Primary Projects 9,417,800$ Priority Funding after Unapproved Primary Projects (634,719)$ ARPA Federal Grant - received as of 04/22 1,452,677$ Secondary Projects (IN priority order)Cost Golf - Upgrade Irrigation System 1,200,000$ Library - Overall Upgrade 1,500,000$ Pay Down Debt -$ Total Unapproved Secondary Projects 2,700,000$ Priority Funding after Unapproved Secondary Projects (2,516,760)$ 12 City Council Priority Project List (CCPPF) –Desired Projects Desired Projects (NOT in priority order)Cost Parks - Bike Trails 3,460,000$ PD - Training Simulator 300,000$ Streets - 3rd Street Sweeper 215,000$ Parks - Pickle ball Court 250,000$ Parks - Splashpark 250,000$ Parks - Outdoor Offices 30,000$ Parks - Larson Park Shelter 200,000$ Parks - Floor Replacement (LIA) - Lobby 96,000$ Parks - Parks Maintenance Addition 600,000$ Parks - Larson Park Fountain 100,000$ Parks - Re-Build East Lot - Larson Ice Arena 270,000$ Swiftel - East Lot - Swiftel Center 320,000$ Parks - Larson Park Pavilion 200,000$ Landfill - Implement Solid Waste Master Plan Streets - Upgrades and Innitiatives 120,000$ Streets - Motograder 400,000$ Streets - Street Sweeper Hybrid 700,000$ IT - Cybersecurity & Upgrades 130,030$ PD - License Plate Recognition System 23,660$ Total Unapproved Desired Projects 7,664,690$ Streets - Pave Medary, Western and any other City streets that are still gravel (approx. 8 miles) 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 22-038,Version:2 Action on Resolution 22-038, a Resolution Rejecting Bids for the High Speed Rotary Snow Blower, Brookings Regional Airport. Summary: This resolution will reject the bids for the High Speed Rotary Snow Blower, Brookings Regional Airport Brookings bid. The rejection of the bids is deemed in the best interest of the City at this time. Recommendation: Staff recommends approving the resolution to reject the bids for the High Speed Rotary Snow Blower, Brookings Regional Airport bid. Attachments: Memo Resolution City of Brookings Printed on 5/5/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Charles L. Richter, City Engineer Council Meeting: May 10, 2022 Subject: High Speed Rotary Snow Blower, Brookings Regional Airport bid Rejection of Bids Person(s) Responsible: Charles L. Richter, City Engineer Summary: This resolution will reject the bids for the High Speed Rotary Snow Blower, Brookings Regional Airport. The equipment specifications provided to bidders did not meet the needs of the airport. It is recommended that the project be rebid at a later date in 2022. Background: To reduce runway closure time and to improve efficiency after snow events, the City identified this piece of equipment as vital for the airport moving forward. This specially designed piece of equipment will replace the multiple of pieces of snow removal equipment currently used by the airport with one. This piece of equipment will have multiple attachments to allow the airport staff use it for sweeping and snow blowing at greater speeds reducing runway closure time and manpower. This equipment is identified in the airport’s Capital Improvement Program for purchase in 2022 with the FAA and the State planning to provide 95% of the funds and the City providing 5% pending final approval by the FAA. Item Details: A bid letting was held at 1:30 PM on March 29, 2022 at the City & County Government Center and the City received the following bids: High Speed Rotary Snow Blower, Brookings Regional Airport SRM Kodiak Oshkosh Defense, LLC M B Companies J.A. Larue Inc. Snow Removal Equipment with Blower $590,000 $664,500 $730,367 $700,000 18’ Broom Attachment $130,000 $115,700 $95,738 $149,948 Total Base Bid $720,000 $780,200 $826,105 $849,948 Legal Consideration: According to statute, the City is required to award this bid within 45 days of the opening. Resolution to reject these bids will be heard at City Council within this timeframe. Strategic Plan Consideration: Fiscal Responsibility – By rejecting these bids the City plans to optimize the use of its funding by rebidding the snow removal equipment with revised specifications. Financial Consideration: The City will rebid this project at a later date for construction in 2022. It is anticipated that the specifications for this equipment will be revised prior to rebidding the equipment. 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 Resolution 22-038 Resolution Rejecting Bids on the High Speed Rotary Snow Blower, Brookings Regional Airport Bid Whereas, the City of Brookings opened bids for the High Speed Rotary Snow Blower, Brookings Regional Airport on Tuesday, March 29, 2022 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings received four bids; and Whereas, the bids did not meet the needs of the Brookings Regional Airport. Now, Therefore, Be It Resolved that all of the bids for this project be rejected. Passed and approved this 10th day of May, 2022. CITY OF BROOKINGS, SD ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 22-017,Version:2 Introduction and First Reading on Ordinance 22-017, an Ordinance Authorizing Budget Amendment No. 5 to the 2022 Budget. Second Reading: May 24, 2022. Summary: City of Brookings Staff continually monitors departmental budgets and brings amendments to the City Council as necessary to account for circumstances not anticipated in the originally adopted appropriation ordinance. This ensures compliance with state and local laws and maintains transparency regarding the City’s operational needs. This three-part budget amendment provides budget authority for the Fire Department’s training tower project and donated playground equipment at Lions Park. This ordinance will also transfer retirement payout contingency funds to the Police Department. Recommendation: Staff recommends approval. Attachments: Memo Ordinance City of Brookings Printed on 5/5/2022Page 1 of 1 powered by Legistar™ Updated: March 2021 City Council Agenda Memo From: Erick Rangel, Chief Financial Officer; Dusty Rodiek, Parks & Recreation Director; Pete Bolzer, Fire Chief Council Meeting: May 10, 2022 / May 24, 2022 Subject: Ordinance 22-017: Budget Amendment No. 5 to the 2022 Budget Presenter: 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 provides budget authority for the Fire Department’s training tower project and donated playground equipment at Lions Park. This ordinance will also transfer retirement payout contingency funds to the Police Department. Background:  Part 1 Increases the expenditure budget and transfers funds from the City Council Priority Projects Fund for the Fire Department Training Tower.  Part 2 Increases budget authority for playground equipment replacement at Lions Park.  Part 3 Allocates funds from the City’s Retirement Payout Contingency account to the Police Department. Item Details: Part1 – $590,000 for Fire Training Tower  Increased Skills and Efficiency: A multi-disciplinary fire training tower will improve the Fire Department’s training capabilities and will reduce casualties in terms of firefighters and civilians in emergency situations. Hands-on training in realistic environments can also reduce property damage and business interruption due to fire as the department increases efficiency.  Industry Standards: A training device that meets current industry and NFPA standards reduces lost time and compensation claims and can improve the Fire Department’s public image.  Recruitment and Retention: Realistic, multi-disciplinary firefighter training improves volunteer fire department recruitment and retention and contributes to an overall mindset of continuous improvement and providing an efficient and cost-effective volunteer fire service. Updated: March 2021 Part 2 – $60,000 for playground equipment replacement at Lions Park  Anonymous Donor: In December 2021, a memorial donation of $60,000 was made to the City for playground equipment to be installed at Lions Park. The new playground will be installed to replace the aging plastic playground currently on this site. Part 3 – $35,928 retirement payout contingency to Police Department  Contingency Fund: The City has established a retirement payout contingency account to budget for material payouts of vacation and sick leave benefits related to retirements of long-term employees. This transfer will cover a retirement payout and maintain the payroll budget at normal levels in the police department for the remainder of the year. 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 our fire department and enhance our parks align with the City’s goals of fostering a safe, inclusive and connected community. Financial Consideration: This action utilizes $590,000 of City Council Priority Project funds from unassigned General Fund Reserves for the Fire Training Tower. Donations of $60,000 are funding the playground equipment replacement, and the retirement payout of $35,928 will be covered through the established Retirement Payout Contingency account. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Memo Ordinance Ordinance 22-017 An Ordinance Authorizing Budget Amendment No. 5 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 – Increases the expenditure budget and transfers City Council Priority Project Funds to the CIP Fund for the Fire Training Tower Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description General Fund 101-000-7-899-05 Transfer Out 590,000 Transfer CCPPF Reserves for Fire Training Tower CIP 213-000-6-700-07 Transfer In General Fund 590,000 Transfer CCPPF Reserves for Fire Training Tower CIP 213-000-5-940-08 Fire Dep Capital Exp 590,000 Increase budget authority for Fire Training Tower Part 2 – Increases the expenditure budget for playground equipment at Lions Park Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description CIP 213-000-5-940-04 Parks & Rec Improvements 60,000 Increase budget authority for Lions Park Playground Equipment Part 3 – Transfers Retirement Payout Contingency to the Police Department Dept./Fund Budgetary Expenditure Account Account Name Increase/(Decrease) Amount Description General Fund/Non Departmental 101-405-5-121-11 Retirement Payout Expense (35,928) Transfer Retirement Payout Contingency to Police Department General Fund/Police Department 101-421-5-101-00 Regular Pay 35,928 Transfer Retirement Payout Contingency to Police Department All ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: May 10, 2022 Second Reading: May 24, 2022 Published: CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 22-018,Version:1 Introduction and First Reading on Ordinance 22-018, an Ordinance Amending Section 62-86 Duty of Owner. Public Hearing: May 24, 2022. Summary: An ordinance amending Section 62-86 Duty of Owner, of the Municipal Code of Ordinances pertaining to vegetation management practices. Recommendation: Staff recommends approval. Attachments: Memo Ordinance - Clean Ordinance - Marked Legal Notice City of Brookings Printed on 5/5/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Council Meeting: May 10, 2022 / May 24, 2022 Subject: Ordinance 22-018: Vegetation Management Practices Person(s) Responsible: Mike Struck, Community Development Director Summary: The City of Brookings proposes amendments to Section 62-86 Duty of Owner, of the Municipal Code of Ordinances pertaining to vegetation management areas and height limitations of vegetation. Background: Section 62-86 Duty of Owner of the City of Brookings Municipal Code of Ordinances addresses items related to vegetation and the responsibility of the property owner to properly maintain vegetation. Violations of the vegetation ordinance leads to nuisance cases and is administered by Code Enforcement staff within the Community Development Department. Item Details: Staff is recommending changes to Section 62-86 of the Municipal Code of Ordinances to align more closely with generally accepted practices of vegetation management. The proposed change in the vegetation height standards reduces the height from fifteen (15) inches to eight (8) inches. The proposed eight (8) inch height limitation would apply to grass, weeds, etc., unless exempted per ordinance. The second change to the ordinance is to designate vegetation management practices, also known as “No Mow” areas, by the Parks and Recreation Department. The Parks and Recreation Director in consultation with the Parks and Recreation Board could designate areas as not subject to mowing on a routine basis as these areas would be addressed through different vegetation management practices. Some of these areas have been previously identified in ordinance and the proposed language would provide the Parks and Recreation Department more flexibility as well as cost savings in the long term care and management of park property. Currently, the Edgebrook Golf Course, Dakota Nature Park, and retention/detention ponds are exempt from the vegetation height limitations. A review of other South Dakota municipalities code of ordinances revealed the following grass heights constituting a public nuisance: Brandon – 6” Mitchell – 7” Sioux Falls – 8” Watertown – 8” Yankton – 8” Huron – 8” Pierre – 12” Harrisburg – 8” Rapid City – 8” Sturgis – 8” Spearfish – 10” Vermillion – 6” Legal Consideration: The City Attorney assisted in the drafting of the ordinance amendment. Strategic Plan Consideration: The proposed amend is consistent with the following goals of the City Council Strategic Plan: Fiscal Responsibility – Designation of vegetation management practices will allow cost savings associated with maintaining large tracts of land. Sustainability – The implementation of vegetation management practices is a sustainable maintenance approach to preserving the natural landscape, reducing the carbon footprint, and assisting with storm water infiltration. Financial Consideration: Reduces costs associated with maintaining large tracts of land by the Parks and Recreation Department. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Approve as amended 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table Staff recommends approval of the ordinance amendment. Supporting Documentation: Memo Ordinance - clean Ordinance - marked Legal Notice Ordinance 22-018 An Ordinance Amending Ordinance Section 62-86 of the Code of Ordinances of the City of Brookings, South Dakota, and Providing for Duty of Owner and Designation of Vegetation Management Practices in the City of Brookings, South Dakota. Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows: That Section 62-86 of the Ordinances of the City of Brookings is hereby amended to read as follows: I. Section 62-86. Duty of Owner/Designation of Vegetation Management Practices. No owner of any lot, place or area within the city, or the agent of such owner, or the occupant of such lot, place or area, shall allow or permit to remain upon any such lot, place or area, or upon any sidewalk or boulevard abutting the same any weeds, tall and undesirable grass or deleterious or unhealthful growths or other noxious matter that may be growing, lying or located thereon, and the growing of such weeds or other noxious or unhealthful vegetation is hereby declared to be a n uisance. The presence of primary or secondary noxious weeds as identified by the county weed board or the growth of any other vegetation referred to in this section to a height of eight (8) inches or more shall be prima facie evidence of such nuisance and a violation of this division. Hay which is periodically mowed and removed from public or private property shall not constitute a nuisance under this section. In addition, Vegetation Management Areas, also referred to as “No-Mow” areas designated by the Parks and Recreation Department, retention/detention ponds, the Dakota Nature Park, and Edgebrook Golf Course shall not be subject to the requirements of this section because different vegetation management practices are intended to apply to these areas. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: May 10, 2022 Public Hearing: May 24, 2022 Published: May CITY OF BROOKINGS, SD ATTEST: Oepke G. Niemeyer, Mayor Bonnie Foster, City Clerk Ordinance 22-018 An Ordinance Amending Ordinance Section 62-86 of the Code of Ordinances of the City of Brookings, South Dakota, and Providing for Duty of Owner and Designation of “No-Mow” Vegetation Management Practices Areas in the City of Brookings, South Dakota. Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows: That Section 62-86 of the Ordinances of the City of Brookings is hereby amended to read as follows: I. Section 62-86. Duty of Owner/Designation of Vegetation Management Practices. No owner of any lot, place or area within the city, or the agent of such owner, or the occupant of such lot, place or area, shall allow or permit to remain upon any such lot, place or area, or upon any sidewalk or boulevard abu tting the same any weeds, tall and undesirable grass or deleterious or unhealthful growths or other noxious matter that may be growing, lying or located thereon, and the growing of such weeds or other noxious or unhealthful vegetation is hereby declared to be a nuisance. The presence of primary or secondary noxious weeds as identified by the county weed board or the growth of any other vegetation referred to in this section to a height of eight (8) 15 inches or more shall be prima facie evidence of such nuisance and a violation of this division. Hay which is periodically mowed and removed from public or private property shall not constitute a nuisance under this section. In addition, Vegetation Management Areas, also referred to as “No-Mow” areas designated by the Parks and Recreation Department, retention/detention ponds, the Dakota Nature Park, and Edgebrook Golf Course shall not be subject to the requirements of this section because different vegetation management practices are intended to apply to these areas. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: May 10, 2022 Public Hearing: May 24, 2022 Published: May CITY OF BROOKINGS, SD ATTEST: Oepke G. Niemeyer, Mayor 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 PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT the Brookings City Council will hold a public hearing at 6:00 PM on Tuesday, May 24, 2022, in the Brookings City and County Government Center Chambers, 520 Third Street, to consider adoption of a revision to Section 62-86. Duty of Owner of the Municipal Code of Ordinances, pertaining primarily to vegetation management practices. Any person interested may appear and be heard in this matter. Dated this 13th day of May, 2022. ____________________________ Bonnie Foster City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 22-031,Version:1 Public Hearing and Action on Resolution 22-031, a Resolution Determining the Necessity of Repairing or Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners; 2022-01SWR Concrete Maintenance Project. Summary: This project is the annual concrete project and entails construction of miscellaneous concrete work including homeowner trip hazards, which were not repaired in the 2020 and 2021 sidewalk area and property owners in the 2022 sidewalk area who volunteered to be in the project. This resolution is the first step in starting the assessment project for the sidewalk repairs. Recommendation: Staff recommends approval. Attachments: Memo Resolution Legal Notice List of Affected Properties City of Brookings Printed on 5/5/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Charlie Richter, City Engineer Council Meeting: May 10, 2022 Subject: Resolution 22-031: Determining the Necessity of Repairing or Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners; 2022-01SWR Concrete Maintenance Project Person(s) Responsible: Charlie Richter, City Engineer Summary: This project is the annual concrete project and entails construction of miscellaneous concrete work including homeowner trip hazards which were not repaired in the 2020 and 2021 sidewalk area and property owners in the 2022 sidewalk area who volunteered to be in the project. This resolution is the first step in starting the assessment project for the sidewalk repairs. Background: The City mailed letters to the property owners giving them the option of repairing the sidewalks themselves or to be added to the City repair project. The properties are shown on the attached list. Each property owner was mailed a letter describing the estimated contract prices and a notice of this public hearing. The contractor will start work after this resolution is approved and the project is bid. Item Details: If this resolution passes, a bid letting for the trip hazard repairs would be held in the near future to secure pricing for homeowners. Based on previous pricing for this type of work, and other projects we’ve bid this year, staff would anticipate a cost of $27 per square foot overall for the removal, replacement, mobilization and traffic control for the sidewalk project. This would equate to approximately $450 - $700 per sidewalk square depending on the size of the squares. Legal Consideration: None. Strategic Plan Consideration: Safe Inclusive, Connected Community This project’s primary focus is on fixing sidewalk trip hazards throughout the community. By fixing these hazards, the City is providing a route for citizens of all ages to recreate, travel, and enjoy the community. The public sidewalks provide an essential system of connectivity throughout the City that must be maintained to ensure the safety of our citizens, and this project is one of many steps towards the goals of our strategic plan. Financial Consideration: If this resolution passes, the City will bid this project for construction in 2022. The homeowners abutting the trip hazards will be assessed for the cost of the repairs. The repayment would be a 5-year term at 10% interest on property owners’ taxes; assessments under $300 would be assessed in one payment. 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 Legal Notice List of Affected Properties Resolution 22-031 Resolution Determining the Necessity of Repairing or Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners; 2022-01SWR Concrete Maintenance Project Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. It is hereby determined that sidewalk repairs or installation is necessary abutting the parcels and lots of land in the City described in the Notice to Property Owners attached to this Resolution and marked as 2022-01SWR Concrete Maintenance Project. 2. Such sidewalks shall be installed to the width and of the materials prescribed by Chapter 74, “Streets, Sidewalks and other Public Places” and Article V. “Sidewalks”, and to the grade and in accordance with the Plans and Specifications prepared in the office of the City Engineer. 3. The method of apportionment of benefits is as follows: such assessments, unless paid within thirty (30) days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Section 9-43-102, South Dakota Compiled Laws of 1967, as amended, with interest of 10% on the unpaid balance. Assessments amounting to less than $300.00 shall be paid in one payment. 3. The City has caused a copy of the Resolution and a Notice to Property Owners to be mailed to each property owner by certified mail. Passed and approved this 10th day of May, 2022. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Notice of Public Hearing on Adoption of Resolution of Necessity of Repairing or Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners; 2022- 01SWR Concrete Maintenance Project NOTICE IS HEREBY GIVEN to the owners of the property described in the foregoing proposed resolution that the City Council will meet in the Chambers, Brookings City & County Government Center, 520 3rd Street, Brookings, South Dakota, on Tuesday, May 10, 2022 at 6:00 o’clock PM, for the consideration of the adoption of said resolution. At said time and place, the City Council will consider any objections to the proposed resolution by owners of property liable to be assessed for improvement. Bonnie Foster, City Clerk Proposed Resolution 22-031 Resolution Determining the Necessity of Repairing or Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners; 2022-01SWR Concrete Maintenance Project Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. It is hereby determined that sidewalk repairs or installation is necessary abutting the parcels and lots of land in the City described in the Notice to Property Owners attached to this Resolution and marked as 2022-01SWR Concrete Maintenance Project. 2. Such sidewalks shall be installed to the width and of the materials prescribed by Chapter 74, “Streets, Sidewalks and other Public Places” and Article V. “Sidewalks”, and to the grade and in accordance with the Plans and Specificatio ns prepared in the office of the City Engineer. 3. The method of apportionment of benefits is as follows: Such assessments, unless paid within thirty (30) days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Section 9-43-102, South Dakota Compiled Laws of 1967, as amended , with interest of 10% on the unpaid balance. Assessments amounting to less than $300.00 shall be paid in one payment. 3. The City has caused a copy of the Resolution and a Notice to Property Owners to be mailed to each property owner by certified mail. 2022-01SWR SIDEWALK REPLACEMENT SITES This List will be updated before contractor begins work. House Number Address Names Roots Remove Install 106 Trail Ridge Rd Ruben Lopez Yes 50 50 120 Trail Ridge Rd Luke Schluesner Yes 50 50 120 Gilley Ave Caleb Buysse No 25 25 128 Trail Ridge Rd Paul Heer No 25 25 130 Santee Trl Penny Crapser Yes 50 50 131 Crystal Ridge Cir.Rick & Cathy Chapin No 50 50 132 Crystal Ridge Cir.Matthew & Paige Jones No 100 100 202 Legeros Dr Edwin Higgins No 50 50 208 Santee Pass Victor & Robin Shriver No 25 25 208 Lincoln Ln S Jason McEntee No 25 25 214 18th Ave S Dorothy Sayre Yes 25 25 221 17th Ave S Ritter Trust Agreement No 25 25 227 Thunder Pass Timothy & Karla Howard Yes 75 75 303 21st Ave S Adam and Kristin Molstad No 75 75 312 18th Ave S Amber Steinhauer Yes 25 25 316 17th Ave S Jill Alms Yes 75 75 320 17th Ave John Schultz Yes 25 25 321 21st Ave S Spencer and Kayla Stahl Yes 25 25 324 Dakota Ave Thomas and Jeanne Manzer Yes 50 50 325 15th Ave Jeffrey Amert No 75 75 326 17th Ave Mahalohana I LLC Yes 75 75 337 Lincoln Ln S Zachary Ervin and Amber Schoenfelder No 25 25 339 Eastern Ave S.Steven John Yes 25 25 356 21st Ave S Roger and Lois Teal No 50 50 406 State Ave Betty Young No 25 25 409 Telluride Lane Reva Johnson Yes 25 25 411 Main Ave S Thomas Hougland Yes 100 100 416 17th Ave S First Assembly of God Church Yes 50 50 418 Southview Drive John & Vivki Folkerts Yes 25 25 427 Dakota Ave Ashley Sumner and Jared Runge Yes 25 25 433 Finch Circle Lance Swenson No 25 25 434 Southview Drive Julian & Elizabeth Pierre Yes 50 50 502 12th Ave JH Rentals LLC No 25 25 507 17th Ave CITY OF BROOKINGS (Hillcrest Park)Yes 50 50 514 Park Ave Raymond & Beverly Pottratz Yes 50 50 516 Medary Ave CITY OF BROOKINGS (Alley Sidewalk)No 100 100 532 Southview Dr Paul & Cynthia Setnes Yes 25 25 620 Park Ave Corey & Stacy Shelsta No 50 50 621 Medary Ave S CITY OF BROOKINGS No 25 25 623 Park Ave John & Patrice Gabel Yes 25 25 627 Park Ave Tyler & Brooke Burlage Yes 25 25 628 Park Ave David & Patricia Helgeland Yes 50 50 636 Park Ave Margaret Smith No 25 25 645 Park Ave David & Priscilla Strom Yes 25 25 661 Park Ave Cameron & Kathleen Jones Yes 50 50 662 Park Ave Arthur & Linda Kranz Yes 50 50 676 Park Ave Guy Bender Yes 25 25 677 Park Ave Larry & Jance Fjeldos Yes 50 50 List Updated: 4/21/2022 Note: Contractor may start work on these sites after the public hearing. (May 10, 2022) 2022-01SWR SIDEWALK REPLACEMENT SITES This List will be updated before contractor begins work. House Number Address Names Roots Remove Install List Updated: 4/21/2022 Note: Contractor may start work on these sites after the public hearing. (May 10, 2022) 707 17th St. S Tammy Herold Yes 25 25 709 Park Ave Michael & Katherine McClemans No 25 25 802 Pamela Drive Melvin Thorne No 75 75 820 Roberts Ave Candace Osvog Yes 25 25 823 Main Ave S.Gulbranson Properties Inc.No 25 25 916 Arrowhead Pass Dennis & Carolyne Hart No 25 25 919 Main Ave S.Makejast LLC No 50 50 947 Broken Bow Trl Karen Buhl No 100 100 1004 Horner Ave Matthew & Lisa Miller Yes 50 50 1008 16th St. S.Harley & Erica Pope No 50 50 1009 Main Ave S.South Main Mini Storage Inc.No 25 25 1011 2nd St Ryan and Brittany McKnight No 25 25 1012 Castlewood Dr.TB Partnership LLC Yes 50 50 1014 Castlewood Dr TB Partnership LLC Yes 50 50 1015 Castlewood Dr Jesse Seas Yes 25 25 1016 Hammond Ave Todd Haaseth & Shaun Suarez Yes 50 50 1024 16th St. S.Robert Kiecksee No 25 25 1024 Yosemite Lane Marvin Bebensee No 75 75 1025 Oakwood Cir Joseph & Dawn Hardin No 25 25 1026 Castlewood Dr TB Partnership LLC Yes 50 50 1027 16th St. S.Darrell & Sarita Hartmann No 25 25 1027 Castlewood Dr Wakinya Bose & Daizy Lovejoy-Bose Yes 50 50 1028 Castlewood Dr TB Partnership LLC Yes 50 50 1031 Oakwood Cir Becky Anderson No 50 50 1033 Castlewood Dr.Aaron & Kayla Hovelson Yes 50 50 1038 6th Ave Prairie Wind Properties No 50 50 1042 Castlewood Dr TB Partnership LLC Yes 125 125 1100 12th Street S Becky Wiles & Adrey Sneer Yes 50 50 1103 Main Ave S.South Main Mini Storage Inc.Yes 50 50 1103 Squire Ct Ross & Laura Fehlberg Yes 25 25 1105 12th Street S Andrea Gullickson Yes 25 25 1106 12th Street S Walter & Carolyn Gutzmer No 25 25 1112 12th St S.Matthew Freeman Yes 50 50 1124 4th St Richard and Mary Lee Yes 25 25 1124 5th St CITY OF BROOKINGS (Ramp Square)No 50 50 1125 2nd St Marlys Kelsey Yes 25 25 1128 12th Street S Thomas & Cheryl Paige No 25 25 1129 Squire Ct Bobbi & Toby Weishaar No 25 25 1130 15th St S.John Hittle No 25 25 1133 12th Street S Robert & Lisa Hurd No 25 25 1140 Squire Ct Charles & Christy Opdahl Yes 50 50 1156 Squire Ct Eric Odanga & Susan Musoke No 25 25 1161 Squire Ct Gena Hult No 50 50 1200 11th St. S.Gina Reed Yes 125 125 1206 12th Street S Karen & Meliton Hernandez No 25 25 1212 12th Street S James Anderson No 50 50 1212 Breckenridge Lane Darrell Mckeown & Suzette Aberle Yes 25 25 2022-01SWR SIDEWALK REPLACEMENT SITES This List will be updated before contractor begins work. House Number Address Names Roots Remove Install List Updated: 4/21/2022 Note: Contractor may start work on these sites after the public hearing. (May 10, 2022) 1216 Windsor Dr.Chelsea Popowski Yes 50 50 1219 12th Street S Alex Kenkel & Elizabeth Mayrose-Kenkel No 25 25 1219 4th St James Sigaty No 25 25 1220 15th St S.Maxine Dornbush No 25 25 1221 Breckenridge Lane Jason & Nicole Caylor Yes 50 50 1224 17th Ave S.Christopher & Anna Scholl No 25 25 1224 Breckenridge Lane Brian & Andrea Vanliere No 25 25 1225 Camelot Dr Ronald & Sharan Egeberg Yes 75 75 1226 Camelot Dr Tyrel Kissner Yes 100 100 1226 Christine Cir.Anthony & Alexandra Teesdale No 25 25 1228 Christine Cir Minji Feng No 25 25 1305 King Arthur Ct Sherri Johnson No 25 25 1310 15th St S.Brandon Biggar No 25 25 1310 Westminster Dr Scott & Selina Hallan No 25 25 1313 King Arthur Ct Nicholas Fickbohm No 25 25 1317 Doral Dr Brian & Melody Cordes No 50 50 1319 Legeros Dr Mary A Nelson Yes 25 25 1323 King Arthur Ct Xiaoyang & Suping Zhang Yes 25 25 1323 Westminster Dr Abigail Jensen Yes 50 50 1328 Westminster Dr David & Mona Dykhouse Yes 25 25 1330 12th Street S Sharon Newell No 25 25 1335 Westminster Dr Daniel Harris Yes 25 25 1402 Doral Dr Christopher & Elicia Hansen No 50 50 1403 Camelot Dr.Kunsoon Park & Juyeon Kim No 25 25 1403 King Arthur Ct Darnall Rentals LLC Yes 25 25 1404 Wisconsin St Amy Hockett No 150 150 1409 King Arthur Ct Lan Xu Yes 25 25 1412 2nd St James Welch and Mary Kraljic Yes 50 50 1413 4th St Robert and Janet Shomo Yes 25 25 1414 Legeros Dr Heather Bortnem Yes 25 25 1418 Willow Springs Cir Jamin Ziegeldorf No 25 25 1424 Willow Springs Cir.Darin Halvorsen No 25 25 1425 Willow Springs Cir Samantha Holter & Shawn Norbye No 25 25 1431 2nd St Monte Harming Yes 25 25 1433 Doral Dr Brandi & Eric Brintnall No 25 25 1443 Wisconsin St Henry and Diane Kayongo-Male Yes 25 25 1500 Westminster Dr Juanita Moulton No 25 25 1502 King Arthur Ct Jordan Rinehart No 25 25 1507 King Arthur Ct Justin & Jennifer Anderson Yes 25 25 1509 12th Street S Scott & Kristi Donelan Yes 25 25 1514 Westminster Dr Kelly & Aimee Deckert No 25 25 1515 22nd St S Tyrel & Aubrey Minor No 25 25 1516 17th Ave S Sheila Grieme No 25 25 1519 Breckenridge Lane Thandiwe Nleya No 25 25 1523 Sylvan Cir.Forrest & Melody Anshutz No 25 25 1530 17th Ave S Sanjeev & Prachi Anand No 25 25 1531 King Arthur Court Randy & Debra Franklin No 25 25 2022-01SWR SIDEWALK REPLACEMENT SITES This List will be updated before contractor begins work. House Number Address Names Roots Remove Install List Updated: 4/21/2022 Note: Contractor may start work on these sites after the public hearing. (May 10, 2022) 1536 King Arthur Ct Craig & Barbara Mogler Yes 75 75 1600 Blairhil Cir.Donald Endres & Angela Jacobson No 25 25 1602 Olwien St Ty Eschenbaum Yes 25 25 1604 Derdall Dr Joshua & Mikka Pechacek No 50 50 1612 9th Ave S Brooke Langemeier No 0 0 1624 Olwien St Richard & Marissa Ganci Yes 25 25 1633 Doral Dr Stephen & Melissa Gent No 25 25 1634 17th Ave S.Lynal Jensen No 25 25 1635 Moriarty Dr Stacy & Melinda Davis No 25 25 1709 3rd St Richard and Constance Jennings No 25 25 1711 Moriarty Dr Ronald & Sherilyn Longville No 25 25 1712 Victory Street Michael & Tracey Cook Yes 75 75 1713 Elmwood Dr Ryan and Lesley Good Yes 25 25 1719 Victory Street David & Kristi Goos Yes 25 25 1725 Olwien St Carol Pitts No 25 25 1727 Terrace Dr Curtis & Michelle Osmanski No 25 25 1728 Torrey Pines Dr Yang Yen & Xiao Dong Liu No 25 25 1730 Terrace Dr John & Carolyn Killefer Yes 25 25 1735 Torrey Pines Dr Robert & Jeanna Mennis No 25 25 1742 Orchard Dr Christopher & Ashley Gundvaaldson Yes 75 75 1745 15th St S Katherine Wenande No 25 25 1747 Doral Dr Kenric & Shannon Malmberg No 25 25 1801 Pinehurst Dr Carter & Jean Nold No 25 25 1803 Elmwood Dr.CITY OF BROOKINGS (Ramp Square)No 25 25 1804 Olwien St Matilyn Kerr No 25 25 1805 Edgebrook Cir Richard & Josephine Waldner No 25 25 1806 Sawgrass Circle Douglas & Norene Doyle No 50 50 1809 23rd St S Dan & Hankui Liu No 50 50 1810 Ohio Dr Damian Weets No 25 25 1811 Torrey Pines Dr Brian & Dawn Grunzke No 25 25 1812 Main Ave S.Mason Winterboer No 0 0 1812 6th St Professional Comm Prop LLC No 25 25 1812 Derdall Dr Kathleen Pavek, Georgene Sommers, Patricia Konechn No 25 25 1813 23rd St S Brynne Rist No 25 25 1813 Terrace Dr Merritt & Pamela Warren No 25 25 1816 Pinehurst Dr Barnaby & Tonia Wainman No 25 25 1816 Terrace Dr Jean-Robert Bwangoy-Bankanza No 50 50 1816 Morningside Dr Joshua Leffler and Tammy Wilson Yes 50 50 1817 Lincoln Ln Emily and Ryan Braun No 50 50 1818 Orchard Dr Samantha Intermill Yes 25 25 1819 Torrey Pines Dr Jiyul Chang & Jungsook Kim No 25 25 1822 Morningside Dr Curtis and Mary Strande Yes 50 50 1824 Moriarty Circle James & Lisa Kindvall No 25 25 1900 Olwien St Gene Rouge Yes 25 25 1901 17th Ave S Fred & Karne Burns Yes 25 25 1902 Derdall Dr Donald and Crystal Bradley Yes 25 25 1902 State St Allen and Marlene Westby No 25 25 2022-01SWR SIDEWALK REPLACEMENT SITES This List will be updated before contractor begins work. House Number Address Names Roots Remove Install List Updated: 4/21/2022 Note: Contractor may start work on these sites after the public hearing. (May 10, 2022) 1904 Orchard Dr Alan & Ann Hess Yes 25 25 1904 Spyglass Hill Dr Jean Josephson No 25 25 1908 Orchard Dr Dennis Prussman Yes 25 25 1916 Elmwood Dr Darnall Rentals LLC Yes 25 25 1918 Orchard Dr Kristopher Shrewsberry Yes 75 75 1920 Spyglass Hill Dr Brenda Buus No 25 25 1924 Derdall Dr Sumer Anderson Edmison Yes 50 50 2004 Olwien St Donald and Naomi Boone Yes 50 50 2007 Cumberland Court Barbara Thomassen-Reisetter No 25 25 2012 Elmwood Dr Richard and Nancy Schmalz Yes 25 25 2015 17th Ave S Adam & Kellie Rhody No 25 25 2018 Morningside Dr Jess and Jamie Fryslie Yes 50 50 2020 17th Ave S Derek Brown Yes 50 50 2027 1st St.Kathleen Olson Yes 25 25 2028 Elmwood Dr John and Ruth Fink No 25 25 2030 3rd St Ascension Lutheran Church Yes 150 150 2031 Derdall Dr Tonya & Jaime Abregana II No 25 25 2031 Olwien St James and Elena Mettenbrink yes 25 25 2043 Olwien St Joseph Stephens No 75 75 2055 1st St Kenneth and Jeremy Higgins No 25 25 2103 17th Ave S Rodney & Debra Wendland No 50 50 2104 Derdall Dr John Rychtarik No 25 25 2111 Derdall Dr Michelle While Yes 100 100 2116 Derdall Dr Vaughn Ripley No 25 25 2220 17th Ave S Benjamin & Amanda Quam No 50 50 2221 17th Ave S Sara Peterson-Baker No 25 25 2229 17th Ave S Christopher & Dawn Hendrickson No 50 50 2312 16th Ave S Richard & Cynthia Skeen No 25 25 2323 16th Ave S Duwayne Aman No 25 25 2326 16th Ave S Aaron & Angela Bucholz No 25 25 2502 Larkspur Ridge Dr.Gale Koepplin No 25 25 1049 7th Ave Dorothy Ishol (City Pay)No 25 25 525 -535 Elm Ave Paul Moriarty Yes 75 75 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 22-032,Version:1 Public Hearing and Action on Resolution 22-032, a Resolution Determining the Necessity of Alley Assessment Project No. 2022-04STA, from 3rd Street to 4th Street connecting 8th Avenue and 9th Avenue. Summary: The City received a petition to pave the alley from 3rd Street to 4th Street connecting 8th Avenue and 9 th Avenue. This is the required public hearing, which is the first step in the process. If the City Council adopts the resolution after the public hearing this will authorize the City to proceed with the design, bidding, and construction of the alley. Recommendation: Staff is not making a recommendation at this time, pending public hearing comments from affected property owners. Attachments: Memo Resolution Legal Notice Property Owner List Map City of Brookings Printed on 5/5/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Charlie Richter, City Engineer Council Meeting: May 10, 2022 Subject: Resolution 22-032: Determining the Necessity of Alley Assessment Project No. 2022-04STA, from 3rd Street to 4th Street connecting 8th Avenue and 9th Avenue. Person(s) Responsible: Charlie Richter, City Engineer Summary: The City received a petition to pave the alley from 3rd Street to 4th Street connecting 8th Avenue and 9th Avenue. This is the required public hearing, which is the first step in the process. If the City Council adopts the resolution after the public hearing this will authorize the City to proceed with the design, bidding, and con struction of the alley. Background: The City received a petition to pave the alley described above. The City follows the assessment process as outlined in Chapter 9, Section 43 of SDCL and the first step is a public hearing and approval of a resolution determining the necessity for the project. The property owners pay for the original construction of a public alley as a one-time cost and the City will perform future maintenance on the alley such as asphalt overlays and chip seals. Item Details: If this resolution passes, a bid letting to pave the alley would be held in the near future to secure pricing for homeowners. The petition for this alley was signed by 65% of the frontage owners, and the project costs are estimated to be $152.00 per linear foot of alley, or $76.00 per front foot per side of alle y. These prices were based on 2022 City bid prices from street projects since the last City alley-paving project was in 2017. The attached Resolution references the interest rate, which is 10%, and property owners may pay the assessment over a five-year period. Each property owner was mailed the attached Resolution with Notice of Hearing by receipt certified mail as required. The public may speak for or against the project at the public hearing. If the resolution is approved, the City Engineering Division will proceed with designing the alley and it will be bid for construction in 2022. The assessment costs will be based on actual final quantities at the bid costs plus 6% engineering and administration fee. Legal Consideration: None. Strategic Plan Consideration: 2) Fiscal Responsibility: Alley paving by special assessment improves alleys with little financial impact to the City. The interest rate charged will cover all lending fees and administrative costs for the City while also providing a service to residents who choose to borrow from the City. Financial Consideration: If this resolution passes, the City will bid this project for construction in 2022. The homeowners abutting the trip hazards will be assessed for the cost of the repairs. The repayment would be a 5-year term at 10% interest on property owners’ taxes. 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 Legal Notice Property Owner List Map Resolution 22-032 Resolution Determining Necessity of Alley Assessment Project 2022-04STA Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. It is hereby determined the necessity of paving the alley between 3rd Street and 4th Street connecting 8th avenue and 9th Avenue. 2. The general nature of the improvement is above set forth and reference for details is hereby made to the drawings and specifications prepared by the City Engineer and on file with the City Clerk. 3. The material to be used is asphalt for paving of the alley: Asphalt pavement on a stabilized crushed gravel base course. 4. The improvement is substantially uniform. The estimated cost per linear foot of alley for paving with asphalt pavement on crushed gravel base course to be paved to a width of 18 feet is $152 per foot of alley or $76 per front foot per side of alley. 5. A description of classes of lots to be assessed is as follows: All assessable lots and tracts of land lying contiguous to the alley hereinabove described. 6. The method of apportionment of benefits is as follows: The cost thereof to be assessed against all assessable lots and tracts of land according to the benefits determined by the governing body to accrue to all such lots and tracts from the construction of the improvement. The assessment may be paid over a five-year period and the interest to be charged on the unpaid balance shall be 10%. 6. The above-described improvement shall be hereinafter referred to as Alley Assessment Project No. 2022-04STA, which shall be deemed a description of the improvement of the alley as hereinabove set forth. Passed and Approved this 10th day of May, 2022. CITY OF BROOKINGS, SD ___________________________________ Oepke G. Niemeyer, Mayor ATTEST: ___________________________ Bonnie Foster, City Clerk Notice of Public Hearing on Adoption of Resolution of Necessity of Repairing or Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners; 2022-01SWR Concrete Maintenance Project NOTICE IS HEREBY GIVEN to the owners of the property described in the foregoing proposed resolution that the City Council will meet in the Chambers, Brookings City & County Government Center, 520 3rd Street, Brookings, South Dakota, on Tuesday, May 10, 2022 at 6:00 o’clock PM, for the consideration of the adoption of said resolution. At said time and place, the City Council will consider any objections to the proposed resolution by owners of property liable to be assessed for improvement. Bonnie Foster, City Clerk Proposed Resolution 22-032 Resolution Determining Necessity of Alley Assessment Project 2022 -04STA Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: The City Council of the City of Brookings hereby declares the necessity of paving the following alley with an asphalt pavement on stabilized gravel base course as follows: Alley between 3rd Street and 4th Street connecting 8th Avenue and 9th Avenue 1. The general nature of the improvement is above set forth and reference for details is hereby made to the drawings and specifications prepared by the City Engineer and on file with the City Clerk. 2. The material to be used is asphalt for paving of the alley: Asphalt pavement on a crushed gravel base course for the alley. 3. The improvement is substantially uniform. The estimated cost per linear foot of alley for paving with asphalt pavement on crushed gravel base course to be paved to a width of 18 feet is $152 per foot of alley or $76 per front foot per side of alley. 4. A description of classes of lots to be assessed is as follows: All assessable lots and tracts of land lying contiguous to the alley hereinabove described. 5. The method of apportionment of benefits is as follows: The cost thereof to be assessed against all assessable lots and tracts of la nd according to the benefits determined by the governing body to accrue to all such lots and tracts from the construction of the improvement. The assessment may be paid over a five-year period and the interest to be charged on the unpaid balance shall be 10%. 6. The above-described improvement shall be hereinafter referred to as Alley Assessment Project No. 2022-04STA, which shall be deemed a description of the improvement of the alley as hereinabove set forth. Published ________ time(s) at an approximate cost of $______________. Owner's Name Physical Address Mailing Address City, State Zip Reed Hammond 311 9th Ave 311 9th Ave Brookings, SD 57006 Shane Wilkins 312 8th Ave 312 8th Ave Brookings, SD 57006 Deeann Wolpert 815 3rd St. 815 3rd St. Brookings, SD 57006 Taylor Smith & Macarena Escondrillas 817 3rd St. 817 3rd St. Brookings, SD 57006 Richard & Constance Jennings 821 3rd St. 1709 3rd St. Brookings, SD 57006 Samuel Dekraai 809 3rd St. 809 3rd St. Brookings, SD 57006 Tony & Kara Rossi-Bianchi 816 4th St. 816 4th St. Brookings, SD 57006 HRBR Management LLC 317 9th Ave 816 4th St. Brookings, SD 57006 Norma Ponce 808 4th St. 808 4th St. Brookings, SD 57006 Elizabeth & Thomas Bozied 802 4th St. 802 4th St. Brookings, SD 57006 317 9th Ave311 9th Ave312 8th AveAlley beingPetitionedfor Paving 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:2 Second Reading and Action 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. 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 5/5/2022Page 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 #:ID 22-0188,Version:1 Public Hearing and Action on a Temporary Alcohol Application from the Brookings Cubs Baseball Group for a temporary alcohol license to operate within the City of Brookings, South Dakota for the 2022 Brookings Cubs Baseball Game Season to be held on at Bob Shelden Field, 530 Elm Avenue. Summary: Brookings Cubs Baseball Group has applied for a temporary alcohol license to operate within the City of Brookings, South Dakota for the Brookings Cubs Baseball Games to be held May 18, 20, and 22; June 2, 3, 4, 5, 12, and 26; and July 7 and 10,at Bob Shelden Field, 530 Elm Avenue. All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. Recommendation: Staff recommends approval. Attachments: Memo Legal Notice City of Brookings Printed on 5/5/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: May 10, 2022 Subject: Temporary Alcohol Application Brookings Cubs Baseball Group Person(s) Presenting: Bonnie Foster, City Clerk Summary: The Brookings Cubs Baseball Group has applied for a Temporary Alcohol License for a Brookings Cubs Baseball Games to be held on May 18, 20, and 22; June 2, 3, 4, 5, 12, and 26; and July 7 and 10, at Bob Shelden Field, 530 Elm Avenue. Background: The Cubs first had a temporary alcohol license for the 2019 Season. They did not apply for a temporary alcohol license in 2020 due to COVID-19. In 2021 they were issued a license. No issues have been associated with this request. All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. Legal Consideration: None. Strategic Plan Consideration: None. Financial Consideration: As per Resolution 15-066, a Resolution establishing the License Fees for the Issuance of Special Alcoholic Beverage Licenses in the City of Brookings, there will be a fee assessed at $50 per event date. 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. Supporting Documentation: Legal Notice Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, May 10, 2022, in the Brookings City & County Government Center, 520 Third Street, to consider a Temporary Alcohol License Application from the Brookings Cubs Baseball Group, to operate within the City of Brookings, South Dakota, the following dates: May 18, 20, and 22; June 2, 3, 4, 5, 12, and 26; and July 7 and 10, for Brookings Cubs Baseball Games to be held at Bob Shelden Field, 530 Elm Avenue. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 29th day of April, 2022. Bonnie Foster, City Clerk Published time(s) at an approximate cost: $ . City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 22-039,Version:1 Public Hearing and Action on Resolution 22-039, a Resolution Creating Boundaries of Tax Increment District Number 12. Summary: The City of Brookings proposes to create a Tax Increment District Number 12 in Downtown Brookings. Recommendation: The Planning Commission voted 7-0 recommending approval. Staff recommends approval. Attachments: Memo Resolution Legal Notice Planning Commission Minutes Map City of Brookings Printed on 5/5/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Council Meeting: May 10, 2022 Subject: Creating Boundaries of Tax Increment District #12 Person(s) Responsible: Mike Struck, Community Development Director Summary: The City of Brookings proposes to create a Tax Increment District Number 12 in Downtown Brookings. Background: The use of tax increment financing (TIF) to fund public improvements within a specified area has become popular in the state. Many communities throughout the state have utilized tax increment financing to pay for extending roads, sewer, water, trails, and other infrastructure into areas to expedite development. As the name implies, only the tax increment (future growth in property tax revenues) is used to fund the improvements. The base, or property tax generated before the creation of the Tax Increment Finance District, continues to be paid to the taxing authorities. Tax Increment Districts are created to help attract private development. In turn, these developments expand employment opportunities, increase sales tax, and expand businesses into the community. Item Details: Tax Increment District #12 boundaries consist of the area encompassed by the current Armory and municipal parking lot west of the Armory. The proposed improvements include the renovation and rehabilitation of the Armory and a 74-room hotel with two levels of parking, remediation of hazardous materials, and relocation of utilities. The creation of Tax Increment District #12 is a public/private partnership as the City intends to transfer ownership of the Armory and adjacent public property to a private developer to complete the proposed improvements. The developer will front the costs associated with the project improvements and only be reimbursed the increment generated from the improvements. The total project costs are estimated in excess of $4.5 million. The proposed improvements lie within the proposed boundaries of the district. The legal description of the district is as follows: Lot 1, Front Street Addition and abutting roads rights-of-way, City of Brookings, Brookings County, State of South Dakota The notice was published one time at least 10 days but not more than 30 days prior to the public hearing consistent with SDCL 11-9-3. The Planning Commission must provide a recommendation on the district boundaries to the City Council for creation of a TIF District. Legal Consideration: None Strategic Plan Consideration: Creation of Tax Increment District #12 is consistent with three - goals of the City Council Strategic Plan: 1) Fiscal Responsibility – Tax Increment Financing is a mechanism to utilize property tax increment to assist in funding infrastructure improvements benefitting the economic well-being of the City. 2) Sustainability – The renovation of the Armory structure provides an adaptive reuse of a former public facility. 3) Economic Growth – Infrastructure improvements allow development to proceed on an under-utilized property in Downtown Brookings, expanding the economic base of the City. Financial Consideration: The City has agreed to contribute the cost of the roof repairs, estimated at one hu ndred thirty thousand dollars ($130,000). These costs are eligible expenses from the Tax Increment revenue. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Approve as amended 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table The Planning Commission voted 7 – 0 recommending approval. Staff recommends approval of the resolution creating the boundaries for Tax Increment District # 12. Supporting Documentation: Memo Resolution Legal Notice Planning Commission Minutes Map Resolution 22-039 Resolution Providing for the Creation of Tax Increment Financing District Number 12, City of Brookings Whereas, the Planning Commission has recommended the District Boundaries for Tax Increment Financing District Number 12, City of Brookings, and has recommended its creation; and Whereas, the City of Brookings has the powers, pursuant to SDCL 11 -9-2, to create Tax Increment Financing District Number 12, City of Brookings, and to define its boundaries. Now, Therefore, It Is Hereby Resolved: 1. Authority and Declaration of Necessity. The City of Brookings declares the necessity for the creation of Tax Increment Financing District Number 12, City of Brookings (hereinafter sometimes referred to as the “District”), pursuant to SDCL Chapter 11-9. Further, the City finds that the improvement of the area within the District is likely to enhance significantly the value of substantially all of the other real property in the District and is necessary for economic development within the city. 2. Findings of Economic Welfare. The City Council makes the following findings with regard to economic welfare: a. More than 50% of the property in the District will stimulate and develop the general economic welfare and prosperity of the state through the promotion and advancement of industrial, commercial, manufacturing, agricultural, or natural resources development; b. Improvements to the District will significantly and substantially enhance the value of all property within the District; c. The aggregate assessed value of the District plus the tax incremental base of all other existing Districts in the city does not exceed Ten (10%) percent of the total assessed valuation in the City. 3. Findings of Maximum Percentage of Tax Increment Financing Districts. The aggregate assessed value of the taxable property in the District, plus all other tax incremental districts, does not exceed 10 percent of the total assessed valuation of the City of Brookings. 4. Creation of District. There is hereby created, pursuant to SDCL Chapter 11-9, Tax Increment Financing District Number 12, City of Brookings. The District is hereby created on the day this Resolution becomes effective, which shall be 20 days after publication of this Resolution. 5. Designation of District boundaries. The District shall be located with the boundaries of the following described real property: Lot 1, Front Street Addition and abutting roads rights-of-way, City of Brookings, Brookings County, State of South Dakota 6. Creation of Tax Incremental Fund. There is hereby created, pursuant to SDCL 11-9-31, a City of Brookings Tax Increment Financing District Number 12 Fund, which shall be a segregated asset account. All tax increments collected pursuant to Tax Incremental District Number 12 shall be deposited into the Tax Increment Financing District Number 12 Fund. All funds in the Tax Increment Financing District Number 12 Fund shall be used solely for those purposes expressly stated and reasonably inferred in SDCL Chapter 11-9. Passed and approved this 10th day of May, 2022. 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 PUBLIC HEARING OF THE CITY OF BROOKINGS CITY COUNCIL ON THE CREATION OF CITY OF BROOKINGS TAX INCREMENTAL DISTRICT NUMBER TWELVE Notice is hereby given pursuant to Section 11-9-3 of the South Dakota Codified Laws, that a public hearing shall be conducted at 6:00 PM on Tuesday, May 10, 2022, in the Chambers Room on third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota on the question of whether to recommend the formation of a Tax Incremental District to be located in the City of Brookings in the following location: Description: Lot 1, Front Street Addition and abutting road rights-of-way, City of Brookings, Brookings County, State of South Dakota The Tax Increment District would be created to assist in the development of public improvements in the District. At said time and place, the City Council shall give all parties who appear or submit written comments an opportunity to express their views with respect to the proposed creation of the District and its proposed location. ____________________________ Bonnie Foster, City Clerk 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 #6d – Action to Create Boundaries of Tax Increment District Number Twelve. (Aiken/Mills) Motion to approve the Boundaries of Tax Increment District Number Twelve. All present voted aye. MOTION CARRIED. Item #6e – Action to Adopt the Tax Increment District #12 Project Plan. (Solum/Schmeichel) Motion to adopt the Tax Increment District #12 Project Plan. All present voted aye. MOTION CARRIED. The meeting adjourned at 6:59 p.m. _______________________ _________________________________ Ryan Miller, City Planner Greg Fargen, Chairperson OFFICIAL SUMMARY Item #6d & Item #6e – Struck explained the area that is being discussed is currently City owned property where the armory is located. The City was looking for other opportunities for this property and requested plan submittals. City staff agreed that the plan provided to renovate the existing armory building for convention space, restaurant, and professional offices and west of the armory building would be a 3-story hotel with parking. The City agreed that a TIF district would be provided to assist with this project. Clint Powell, part owner of Linchpin, explained to the Commission how the financial side of a project like this works. The meeting adjourned at 6:59 p.m. 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 22-040,Version:1 Action on Resolution 22-040, a Resolution on Adoption of Tax Increment District #12 Project Plan. Summary: Adoption of a project plan detailing the proposed improvements, associated costs, and the plan for financing the improvements. Recommendation: The Planning Commission voted 7-0 recommending approval. Staff recommends approval. Attachments: Memo Resolution Planning Commission Minutes Project Plan City of Brookings Printed on 5/5/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Council Meeting: May 10, 2022 Subject: Tax Increment District #12 Project Plan Person(s) Responsible: Mike Struck, Community Development Director Summary: Adoption of a project plan detailing the proposed improvements, associated costs, and the plan for financing the improvements. Background: The City of Brookings is proposing the creation of Tax Increment District #12 to construct improvements in downtown Brookings. The City of Brookings is proposing to partner with a private developer and transfer Lot 1, Front Street Addition to the developer for the construction of a hotel and parking structure as well as renovation and remodeling of the Armory. State Law (SDCL 11-9-13) requires the Planning Commission adopt a project plan for each tax increment district and submit the plan to the governing body. The plan must contain specific information as stated in SDCL Chapter 11. The Developer is responsible to front the costs of the project improvements and will only be reimbursed property tax increment generated from development occurring within the district. The aggregate assessed value of the taxable property in Tax Increment District #12 plus the tax increment base of all other existing districts is 1.5% of the total assessed value of all taxable property in the City. State law restricts the maximum percentage to 10 percent. Item Details: Tax Increment District #12 proposes to remediate and renovate the historic Armory structure, relocated utilities, construct a two-level parking structure, and a 74-room hotel on the site. The creation of Tax Increment District #12 is a public/private partnership as the developer will renovate the existing Armory into an adaptive reuse of the historic structure for convention space, restaurant, professional offices, and add a hotel to the west of the Armory with two levels of parking. The developer is respo nsible for fronting the project costs and will be reimbursed only to the extent positive tax increment is generated. The total project costs are estimated in excess of $4.5 million. The proposed improvements lie within the proposed boundaries of the district. The legal description of the district is as follows: Lot 1, Front Street Addition and abutting roads rights-of-way, City of Brookings, Brookings County, State of South Dakota The Planning Commission must provide a recommendation on the project plan to the City Council for creation of a TIF District. Legal Consideration: None Strategic Plan Consideration: Creation of Tax Increment District #12 is consistent with three goals of the City Council Strategic Plan: 1) Fiscal Responsibility – Tax Increment Financing is a mechanism to utilize property tax increment to assist in funding infrastructure improvements benefitting the economic well-being of the City. 2) Sustainability – The renovation of the Armory structure provides an adaptive reuse of a former public facility. 3) Economic Growth – Infrastructure improvements allow development to proceed on an under-utilized property in Downtown Brookings, expanding the economic base of the City. Financial Consideration: The City has agreed to contribute the cost of the roof repairs, estimated at one hundred thirty thousand dollars ($130,000). These costs are eligible expenses from the Tax Increment revenue. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Approve as amended 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table The Planning Commission voted 7 – 0 recommending approval. Staff recommends approval of the resolution creating the boundaries for Tax Increment District # 12. Supporting Documentation: Memo Resolution Planning Commission Minutes Project Plan Resolution 22-040 Resolution Approving Tax Increment Financing District Number 12 Whereas, the Brookings Planning Commission has recommended the approval of the Tax Increment Financing District Number 12 Project Plan, City of Brookings; And Whereas, the City Council finds that all requirements have been met in order to approve said Tax Increment Plan. Now Therefore, Be It Resolved by the City Council 1. Approval of Project Plan. The Project Plan, a copy of which is on file with the City Finance Office is hereby approved. 2. Findings. The City Council finds that the Project Plan is feasible and that it conforms to the City’s Master Plan. All findings made in the Tax Increment Financing Project Plan are included herein by reference. 3. Effective 20 Days after Publication. This resolution shall become effective 20 days after publication and absent any challenge at law all findings and conclusions in the Tax Increment Financing Project Plan for Tax Increment Financing District Number 12, City of Brookings shall be final. Passed this 10th day of May, 2022. CITY OF BROOKINGS, SD _____________________________ Oepke G. Niemeyer, Mayor ATTEST: _____________________________ Bonnie Foster, City Clerk 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 #6d – Action to Create Boundaries of Tax Increment District Number Twelve. (Aiken/Mills) Motion to approve the Boundaries of Tax Increment District Number Twelve. All present voted aye. MOTION CARRIED. Item #6e – Action to Adopt the Tax Increment District #12 Project Plan. (Solum/Schmeichel) Motion to adopt the Tax Increment District #12 Project Plan. All present voted aye. MOTION CARRIED. The meeting adjourned at 6:59 p.m. _______________________ _________________________________ Ryan Miller, City Planner Greg Fargen, Chairperson OFFICIAL SUMMARY Item #6d & Item #6e – Struck explained the area that is being discussed is currently City owned property where the armory is located. The City was looking for other opportunities for this property and requested plan submittals. City staff agreed that the plan provided to renovate the existing armory building for convention space, restaurant, and professional offices and west of the armory building would be a 3-story hotel with parking. The City agreed that a TIF district would be provided to assist with this project. Clint Powell, part owner of Linchpin, explained to the Commission how the financial side of a project like this works. The meeting adjourned at 6:59 p.m. TAX INCREMENTAL DISTRICT NUMBER TWELVE CITY OF BROOKINGS TAX INCREMENTAL PROJECT PLAN Table of Contents INTRODUCTION AND PURPOSE ....................................................................................................................................... 1 GENERAL DEFINITIONS AS USED IN THIS PLAN ................................................................................................................ 1 PROPERTY WITHIN THE TAX INCREMENT DISTRICT ......................................................................................................... 4 LISTING OF KIND, NUMBER, LOCATION AND DETAILED COSTS OF PROPOSED PUBLIC WORK AND IMPROVEMENTS ... 4 EXPENDITURES EXCEEDING ESTIMATED COST .............................................................................................................. 6 DETAILED LIST OF ESTIMATED PROJECT COSTS ............................................................................................................. 7 FEASIBILITY STUDY ......................................................................................................................................................... 7 ECONOMIC DEVELOPMENT STUDY ................................................................................................................................ 7 FISCAL IMPACT STATEMENT .......................................................................................................................................... 7 METHOD OF FINANCING, TIMING OF COSTS AND MONETARY OBLIGATIONS .............................................................. 7 MAXIMUM AMOUNT OF TAX INCREMENTAL REVENUE ................................................................................................ 7 DURATION OF TAX INCREMENTAL PLAN ....................................................................................................................... 7 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 ..................................................................................................................... 8 STATEMENT OF DISPLACEMENT AND RELOCATION PLAN ............................................................................................ 8 PERFORMANCE BOND SURETY BOND OR OTHER GUARANTY ...................................................................................... 8 LIST OF SCHEDULES ................................................................................................................................................................ 9 ATTACHMENTS ....................................................................................................................................................................... 9 SCHEDULE 1 ‐ "DETAIL OF PROJECT COSTS"… ................................................................................................................ 10 SCHEDULE 2 – "ECONOMIC FEASIBILITY STUDY" ........................................................................................................... 12 SCHEDULE 3 ‐ “ECONOMIC DEVELOPMENT STUDY” ..................................................................................................... 14 SCHEDULE 4 – “FISCAL IMPACT STATEMENT” ............................................................................................................... 16 SCHEDULE 5 – “ESTIMATED CAPTURED TAXABLE VALUES” ........................................................................................... 18 ATTACHMENT 1 ............................................................................................................................................................. 19 ATTACHMENT 2 ............................................................................................................................................................. 20 ATTACHMENT 3 ............................................................................................................................................................. 21 1 INTRODUCTION AND PURPOSE The purpose of this Plan, to be implemented by the City of Brookings, Brookings County, South Dakota, is to satisfy the requirements for a Tax Incremental District Plan Number 12, City of Brookings, Brookings County 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 in an eligible area of the City. This Plan was prepared for adoption by the Planning Commission and the City Council in recognition that the area requires a coordinated, cooperative strategy, with financing possibilities, to promote economic development through the new construction of a two‐story parking garage (one‐level above grade), a three‐story hotel above the parking facility, adaptive reuse of the Armory as an cillary hotel space and commercial office space, as well as associated facilities to attract new business or facilitate the relocation and expansion of existing business (the “Project”). This development will promote economic development through the Projec t area and the City of Brookings. The Project shall consist of one (1) Phase. It is anticipated that a total of seventy four (74) hotel rooms, associated public and hotel parking, a restaurant, and other professional businesses will be built in the Project . The intent of the Project is to create new economic development within the Downtown business district as well as preserve the historic Armory. 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 to provide and to promote economic development throughout the TIF District and the City of Brookings. 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. 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; 2 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 1; 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, substantially impair s 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. "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 City of Brookings. "Generally Applicable Taxes" shall have the same meaning as set forth in 26 CFR § 1.141‐4(e). "Governing body" means City of Brookings City Council. "Grant" means the transfer for a governmental purpose of money or property to a transferee that is not a related party to or an agent of the municipality; 1 SDCL § 11‐9‐9 2 SDCL § 11‐9‐10 3 SDCL § 11‐9‐11 3 "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" means any incorporated city or county in this state. "Planning Commission" means City of Brookings Planning Commission. “Plan” means this Project Plan. “Project Costs” means any expenditure or monetary obligations by Developer, whether made, estimated to be made, incurred or estimated to be incurred, which are listed as Project Costs her ein 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 Developer 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 Infrastructure Improvements, 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 Town and Project Costs. "Taxable Property" means all real taxable property located in a Tax Incremental District. "Tax Incremental District" means a contiguous geographic area within the City defined and created by resolution of the governing body and named City of Brookings Tax Incremental District #12. "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. 4 PROPERTY WITHIN THE TAX INCREMENT DISTRICT The real property to be located within the Tax Increment District consist s of a tract of land described as:  Lot 1, Front Street Addition, City of Brookings, Brookings County, South Dakota The area making up Tax Increment District #12 is shown on the Boundary Map in Figure 1. Figure 1. TID 12 Boundary LISTING OF KIND, NUMBER, LOCATION AND DETAILED COSTS OF PROPOSED PUBLIC WORKS AND IMPROVEMENTS4 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 Developer. The Project Costs may, by South Dakota law, include capital costs, financing costs, real property assembly costs, professional fee costs, imputed administration costs, relocation costs, organizational costs, discr etionary costs and grants, 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 and Developer are working to develop an economic and competitive base to benefit the City and the State as a whole. All project costs are found to be necessary and convenient to the creation of the Tax Incremental District and its implementation. The project is a commercial development consisting of a hotel, public and private parking, and adaptive reuse of the Armory and is a proper public purpose of the City. The City exercises the powers expressly 5 stated in and reasonably inferred by SDCL §11‐9‐15 and Chapter 9‐54. The Developer or its assignee shall enter into all contracts in accordance with South Dakota law. A combination of private investment and tax increment financing will assist progress toward the following additional objectives:  To address and remedy conditions in the area that impair or arrest the sound growth ofthe 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;  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 construction of businesses, improvements, and conditions;  To watch for market and/or project opportunities to promote economic development, and when such opportunities exist, to take action within the financial, legal and political limits of the City to a cquire land, pursue redevelopment, improvement and construction projects; and  To improve areas that are likely to significantly enhance the value of substantially all property in the district. 4 SDCL §11‐9‐13(1) 6 Costs of Public Works or Improvements In accordance with SDCL § 11‐9‐14 the following is the kind, number, location and dollar amount of estimated Project Costs, costs of public works and improvements. The following are listed as estimated costs of the Project. Kind of Project Location1 Amount Reference2 Capital Costs (Street, Water & Sewer) (Cleaning & grading of land & associated costs) District 11-9-15(1) Financing Costs District 11-9-15(2) Real Property Assembly District 11-9-15(3) Professional Fees District 11-9-15(4) Administrative Costs District 11-9-15(5) Relocation Costs District 11-9-15(6) Organizational Costs District 11-9-15(7) Discretionary Costs and Grants District $4,500,000* 11-9-15(8) Eligible Project Costs $4,500,000 *Eligible Project Costs may be reallocated during the five years from creation of the TIF. The above total represents eligible Project Costs. 1 District shall mean the Tax Increment District. 2 SDCL §11 -9-15 (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 fixture s; the acquisition of equipment; the clearing and grading of land; and the amount of interest payable on tax incremental bonds or no tes 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 pri ncipal of and interest on such obligations in an amount determined by the governing body to be reasonably req uired 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 legal 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 and grants 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 project plans. 7 Expenditures Exceeding Estimated Cost Any expenditures which in sum would exceed the total amount stated in Eligible Project Costs will require an amendment of this Plan. All amendments would be undertaken pursuant to SDCL §11‐9‐23. If the expenditures within the Plan are increased in excess of the total Eligible Project Costs, the Department of Revenue will be required to reset the base, in accordance with SDCL §11‐9‐23. Detailed List of Estimated Project Costs Attached as Schedule 1 is a detailed list of estimated Project Costs as per SDCL § 11‐9‐13(3). No expenditure for Project Costs is provided for more than five years after the District is created. Feasibility Study An economic feasibility study per SDCL § 11‐9‐13(2) is attached as Schedule 2. Economic Development Study Not less than 50% of the area within the proposed district will stimulate and develop the general economic welfare and prosperity of the state through commercial, manufacturing and agricultural development as evidenced by the Economic Development Study attached as Schedule 3. Fiscal Impact Statement Attached as Schedule 4 is a Fiscal Impact Statement showing the impact of the Tax Increment District, until and after the bonds are repaid, upon all entities levying property taxes in the district. Required as per SDCL § 11‐9‐13(4). Method of Financing, Timing of Costs and Monetary Obligations The payment of Project Costs is anticipated to be made by the City to Developer from the special fund of the Tax Incremental District. SDCL § 11‐9‐13(5). Pursuant to the Developer's Agreement, the City will pay to the Developer all available tax increment funds it receives from the District. Maximum Amount of Tax Incremental Revenue The maximum amount of tax incremental revenue bonds or monetary obligations to be paid through Tax Increment District #12 shall be the amount sufficient to reimburse the Developer for the payments made for Project Costs and pay all tax increment bonds or monetary obligations in an amount not to exceed $4,500,000 principal and interest or such lesser amount as may be feasible with the estimated revenue generated by the Tax Increment District. Duration of Tax Incremental Plan The duration of the Plan will extend to the number of years it will take for the reimbursement of the extinguishment of bonds and the monetary obligation except that the Plan duration shall not exceed 20 calendar 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 value of the Base. All taxing districts shall receive that base which was established in 2022. The tax increment will be available to the taxing jurisdictions at or before twenty (20) years after the creation of the District. Schedule 5 details the tax capture implications to each 8 of the local taxing jurisdictions. After the repayment of the project costs, taxing entities will receive their proportionate share of tax dollars for the base value and the tax incremental values. Conditions Map, Improvements Map, Zoning Change Map The Conditions Map, SDCL § 11‐9‐16(1), is included as Attachment 2. The Improvements Map, SDCL § 11‐9‐16(2), is included as Attachment 3. The Zoning Change Map, SDCL § 11‐9‐16(3), is included as Attachment 4. Changes to the City of Brookings Comprehensive/Master Plan/Map, Building Codes & City Ordinances per SDCL § 11‐9‐16(4) No changes to the City's Master Plan, Building Cod es, or Ordinances are requested. List of Estimated Non‐Project Costs The following is a list of the Non‐Project Costs per SDCL § 11‐9‐16(5). All costs are listed as taxable value; actual non‐ project costs will exceed the following amounts. Item Amount Commercial Construction $26,110,404 TOTAL $26,110,404 Statement of Displacement and Relocation Plan No residents or families will be displaced by the Project. SDCL § 11‐9‐16(6) Performance Bond Surety Bond or other Guaranty As security for its fulfillment of the agreement with the governing body, a purchaser or lessee of redevelopment property may furnish a performance bond, with such surety and in such form and amount as the governing body may approve or make such other guaranty as the governing body may deem necessary in the public interest. 9 LIST OF SCHEDULES SCHEDULE 1 Detail of Project Costs SCHEDULE 2 Economic Feasibility Study SCHEDULE 3 Economic Development Study SCHEDULE 4 Fiscal Impact Statement SCHEDULE 5 Estimated Captured Taxable Values LIST OF ATTACHMENTS Attachment 1. Map and Legal Description and existing uses and conditions Attachment 2. Map of Real property/Improvement Attachment 3. List of proposed changes in zoning ordinances 10 SCHEDULE 1 – "DETAIL OF PROJECT COSTS" The project contains the rehabilitations and restoration of the historic Armory facility, construction of a hotel, and public/private parking ramp. Site improvements include excavation, relocation of water, sanitary sewer, storm sewer, electric, and natural gas utilities. Additional improvements include the remediation and abatement of hazardous materials in the historic Armory building. Kind of Project Cost Number of Projects Location5 Amount Reference6 Capital Costs District $0 11‐9‐15(1) Financing Costs District $0 11‐9‐15(2) Real Property Assembly District $0 11‐9‐15(3) Professional Fees District $0 11‐9‐15(4) Administrative Costs District $0 11‐9‐15(5) Relocation Costs District $0 11‐9‐15(6) Organizational Costs District $0 11‐9‐15(7) Discretionary Costs and Grants 1 District $4,500,000 11‐9‐15(8) Eligible Project Costs $4,500,000 The above total represents eligible Project Costs. 5 District shall mean the Tax Increment District. 6 SDCL §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 obligations in an amount determined by the governi ng 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 legal 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 and grants 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 project plans. 11 TIF ELIGIBLE EXPENSES/RESPONSIBLE DEVELOPER SDCL 11‐9‐15 Kind of Project Cost Estimate Infrastructure and Other Project Costs* $7,781,106 Land Acquisition $0 Professional Fees/Engineering, Design & Legal $3,109,000 Interest Expense $1,432,932 TOTAL COSTS $12,323,038 *An estimate of infrastructure costs is attached to this Schedule. 12 SCHEDULE 2 – “ECONOMIC FEASIBILITY STUDY” The City of Brookings has entered into a development agreement with Linchpin Corporation (“Developer”) concerning the creation of a tax increment district to be located within the City of Brookings, Brookings County, South Dakota, on certain real property known as Lot 1, Front Street Addition, City of Brookings. The project is a commercial development consisting of a hotel, public and private parking, and adaptive reuse of the Armory. The land is currently characterized by the historical Brookings Armory and a municipal parking lot. The Developer has indicated that the project is not feasible without the assistance of the Tax Increment District. This is a “but for” type of tax increment district financing. The project will not proceed “but for” the assistance from the City through the creation of a tax increment district for the project. The City has made it clear that funding for public improvements, remediation of blight, remodeling and reconditioning of existing historical buildings, and environmental remediation 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 through 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 tools 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 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 over the base value is set aside and committed by the City to the reimbursement of approved project costs. Tax increment financing is permitted only in connection with a “Project Plan” duly adopted by the City. The estimated increment resulting from the improvements would be $1,719,110 as evidenced by the Table on page 14. Since the Developer is funding the improvements and being reimbursed through collected tax increment, the plan is feasible. The estimated captured taxable values are only an estimate and will be subject to actual collections. This document represents the feasiblity study required under Tax Increment District Law 11-9-13 (Subsections, 2, 4, and 5). Tax Increment District #12 has no taxable base value and as such, will not contribute to the ten percent (10%) limitation on the total taxable value in the City of Brookings. The study concludes that the proposed project in the project area is feasible. 13 “ESTIMATED CAPTURED TAXABLE VALUES” BASE - ESTIMATED TAXES THAT WILL GO TO TAXING DISTRICTS DURING TIF INCREMENT – ESTIMATED TAXES THAT WILL GO TO TAX INCREMENT FUND DURING TIF TIF Creation Date 2022 First Year Assessed 2024 First Year Collected 2025 Base $0 Year TIF Year Assessed Collected Assessed Valuation Taxes City County School District Water District 1 2022 2023 2024 $0 2 2023 2024 2025 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 3 2024 2025 2026 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 4 2025 2026 2027 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 5 2026 2027 2028 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 6 2027 2028 2029 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 7 2028 2029 2030 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 8 2029 2030 2031 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 9 2030 2031 2032 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 10 2031 2032 2033 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 11 2032 2033 2034 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 12 2033 2034 2035 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 13 2034 2035 2036 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 14 2035 2036 2037 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 15 2036 2037 2038 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 16 2037 2038 2039 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 17 2038 2039 2040 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 18 2039 2040 2041 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 19 2040 2041 2042 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 20 2041 2042 2043 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 Note: These numbers are for projection purposes only and do not reflect what the actual number(s) may be. These numbers are based on the following assumptions. Assumptions: 1. Land values exempt at time base value determined. 2. Calculations based upon two year commercial build out schedule with $0 assessed value during year 1. 3. Discretionary formula is waived by developer. 14 SCHEDULE 3 – “ECONOMIC DEVELOPMENT STUDY” SECTION 1‐ INTRODUCTION The City has been approached concerning the creation of a tax increment district located within the City of Brookings, Brookings County, South Dakota. In order to determine whether a tax increment district (TID) may be created, the governing body must make a finding that not less than 50%, by area, of the real property within the district will stimulate and develop the general economic welfare and prosperity of the State through the promotion and advancement of industrial, commercial, manufacturing, agricultural and natural resources, and the improvement of the area is likely to enhance significantly the value of substantially all of the other real property in the distric t. This Schedule will address Economic Development through the development of a commercial development consisting of a hotel, public and private parking, and adaptive reuse of the Armory within the city limits of the City of Brookings. SECTION 2 – STUDY AREA BOUNDARY The Study area is described as the area depicted on the map attached to this Project Plan as Attachment 2 and includes the legal descriptions set forth within this Project Plan. SECTION 3 – ESTABLISHING TIF ELIGIBLE Developer has entered into a development agreement for Lot 1, Front Street Addition, City of Brookings. Developer plans on the real estate being developed into a commercial development consisting of a hotel, public and private parking, and adaptive reuse of the Armory. The Project will consist of up to 75 hotel rooms, as well as a restaurant and convention space. Section 4 – Finding That the Improvements to the Area are Likely to Enhance Significantly the Value of Substantially All of the Other Real Property in the District The primary goal of the TID is to provide commercial business and redevelop the historical Brookings Armory upon real property located within the TID boundaries, to complete site preparation, public infrastructure, and historical building reconstruction necessary to serve the real property located within the TID boundaries to include parking. The TID area consists of a municipal parking lot and the municipally owned Brookings Armory within the corporate limits of the City. The completion of the commercial development will allow for the creation of new jobs and the retention of existing jobs and develop not only the general economic welfare and prosperity of the City of Brookings, but also of the State of South Dakota through promotion and advancement of commerc ial and industrial business. It is specifically found that once the improvements set forth within City of Brookings TIF #12 Project Plan are completed, this Project will significantly enhance the value of substantially all of the other real property in th e TID District. It is anticipated that the Project will provide additional development and employment opportunities in the Brookings and Brookings County area through providing new business and tourist dollars to downtown Brookings, South Dakota. 15 Section 5 – Conditions within the Study Area; Land Use and Planning Comprehensive Plan The Development is consistent with the City's Comprehensive Plan and existing planning and zoning requirements. SECTION 6 – FINDINGS WITHIN THE STUDY AREA ANALYSIS In accordance with state law, it is found that not less than fifty percent (50%) by area of the real property within the District will stimulate and develop the general economic welfare and prosperity of the State of South Dakota through the promotion and advancement of industrial, commercial, manufacturing, agricultural, and natural resources by increasing the number of businesses and visitor days in downtown Brookings, Brookings County, as well as creating new employment opportunities, and it is found that t he improvement of the area is likely to enhance significantly the value of substantially all of the other real property in the District in accord with SDCL 11‐9‐8(1) and (2). 16 SCHEDULE 4 – “FISCAL IMPACT STATEMENT” FISCAL IMPACT STATEMENT – TAX INCREMENT DISTRICT NUMBER 12 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 § 11‐9‐16(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 bonds or obligations are repaid, upon all entities levying taxes upon property in the district. DEFINITIONS “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 12. “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 a minimum of $5,000,000. 2. The average tax levy of all taxing districts will be $20.146 per thousand dollars of taxable valuation (2022) for non‐ag other commerical. 3. Tax increment will start to be collected in 2025 and end in or prior to 2042. 4. The discretionary formula will be waived by the Developer as well as any property owner located within the TIF District. 5. Interest: The loan obligations may be capitalized. 17 FISCAL IMPACT The total fiscal impact upon the taxing entities during the term of the Tax Increment District is as follows: Tax District will not receive any new increment generated until the expiration of the Tax Increment D istrict. TIF Creation Date 2022 First Year Assessed 2024 First Year Collected 2025 Base $0 Year TIF Year Assessed Collected Assessed Valuation Taxes City County School District Water District 1 2022 2023 2024 $0 2 2023 2024 2025 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 3 2024 2025 2026 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 4 2025 2026 2027 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 5 2026 2027 2028 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 6 2027 2028 2029 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 7 2028 2029 2030 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 8 2029 2030 2031 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 9 2030 2031 2032 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 10 2031 2032 2033 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 11 2032 2033 2034 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 12 2033 2034 2035 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 13 2034 2035 2036 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 14 2035 2036 2037 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 15 2036 2037 2038 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 16 2037 2038 2039 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 17 2038 2039 2040 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 18 2039 2040 2041 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 19 2040 2041 2042 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 20 2041 2042 2043 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 Note: These numbers are for projection purposes only and do not reflect what the actual number(s) may be. These numbers are based on the following assumptions. Assumptions: 1. Land values exempt at time base value determined. 2. Calculations based upon two year commercial build out schedule with $0 assessed value during year 1. 3. Discretionary formula is waived by developer. 18 SCHEDULE 5 – “ESTIMATED CAPTURED TAXABLE VALUES” It is assumed, for purposes of this Plan, that a commercial development consisting of a hotel, public and private parking, and adaptive reuse of the Armory will be constructed during Year 1 and Year 2 of the TIF. Actual valuation shall depend upon the value determined by the Brookings County Director of Equalization when assessed, with the application of dollars‐per‐thousand from local taxes. All tax increment revenues shall be from Generally Applicable Taxes attributable to the improvements to be constructed in the TID. The potential for total increment collections are estimated to be at the maximum range of $4,500,000 covering a span of captured tax years not to exceed twenty (20). Collection is anticipated to begin in 2024, and the schedule carries out the tax captured 20 years from the date of Plan adoption. “ESTIMATED CAPTURED TAXABLE VALUES” BASE - ESTIMATED TAXES THAT WILL GO TO TAXING DISTRICTS DURING TIF INCREMENT – ESTIMATED TAXES THAT WILL GO TO TAX INCREMENT FUND DURING TIF TIF Creation Date 2022 First Year Assessed 2024 First Year Collected 2025 Base $0 Year TIF Year Assessed Collected Assessed Valuation Taxes City County School District Water District 1 2022 2023 2024 $0 2 2023 2024 2025 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 3 2024 2025 2026 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 4 2025 2026 2027 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 5 2026 2027 2028 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 6 2027 2028 2029 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 7 2028 2029 2030 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 8 2029 2030 2031 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 9 2030 2031 2032 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 10 2031 2032 2033 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 11 2032 2033 2034 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 12 2033 2034 2035 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 13 2034 2035 2036 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 14 2035 2036 2037 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 15 2036 2037 2038 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 16 2037 2038 2039 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 17 2038 2039 2040 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 18 2039 2040 2041 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 19 2040 2041 2042 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 20 2041 2042 2043 $4,630,000 $90,479.46 $11,709.27 $19,455.26 $59,208.44 $106.49 19 ATTACHMENT 1 LEGAL DESCRIPTION OF REAL PROPERTY  Lot 1 of the Front Street Addition, City of Brookings, Brookings County, South Dakota. 20 ATTACHMENT 2 MAP OF REAL PROPERTY/IMPROVEMENTS 21 ATTACHMENT 3 LIST OF PROPOSED CHANGES IN ZONING ORDINANCES No zoning ordinance changes are required.