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HomeMy WebLinkAbout2022_07_26 CC PKT - RevisedCity Council City of Brookings Meeting Agenda - Final Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, July 26, 2022 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Action to approve the agenda. 4. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed or to make a brief announcement or invitation. Items will be scheduled at the end of the meeting. Individuals are asked to state their name and address for the record. 5. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion. At the request of any one Council Member or the City Manager, an item may be removed from the Consent Agenda and placed on the regular agenda whenever additional discussion on an item is necessary. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. 5.A.ID 22-0295 Action to approve City Council meeting minutes. 7/12/2022 Minutes 7/19/2022 Minutes Attachments: Page 1 City of Brookings July 26, 2022City Council Meeting Agenda - Final 5.B.RES 22-056 Action on Resolution 22-056, a Resolution authorizing the City Manager to Sign Easement Documents for City Property Located in the East One-Half of Section Eight, Township 110 North, Range 49 West of the 5th P.M. Memo Resolution Transmission Line Easement Easement Map Current Easement Attachments: 5.C.RES 22-057 Action on Resolution 22-057, a Resolution Authorizing the City Manager to Sign and Submit an Application for a Bridge Improvement Grant for the Preliminary Engineering for the Replacement of a Bridge on Western Avenue. Memo Resolution Application Map Attachments: 6. Presentations/Reports: 6.A.ID 22-0242 Proclamation: Americans with Disabilities Act 32nd Anniversary Day ProclamationAttachments: 6.B.ID 22-0296 2021 Annual Comprehensive Financial Report and Audit Summary. Executive Summary Presentation Attachments: 7. Contracts/Change Orders: 8. Ordinance First Readings: No vote is required on the first reading of an Ordinance. The title of the Ordinance is read. Public Comment and Council discussion is permitted. The date for the second reading or public hearing is announced. 8.A.ORD 22-027 Introduction and First Reading on Ordinance 22-027, an Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to Residence R-3 Apartment District for the purpose of administration of the Zoning Ordinance. Public Hearing and Action: August 9, 2022. Page 2 City of Brookings July 26, 2022City Council Meeting Agenda - Final Memo Ordinance - Clean Ordinance - Marked Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Bufferyards Attachments: 8.B.ORD 22-028 Introduction and First Reading on Ordinance 22-028, an Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to Residence R-3A Apartment / Mobile Homes / Manufactured Housing District for the purpose of administration of the Zoning Ordinance. Public Hearing and Action: August 9, 2022. Memo Ordinance - Clean Ordinance - Marked Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Bufferyards Attachments: 9. Public Hearings and Second Readings: 9.A.ID 22-0292 Public Hearing and Action on an Initial Development Plan for Lot 2 in Block 13 of Morningside Addition. Memo Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Location Map Initial Development Plan - New Initial Development Plan - February 2022 Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9.B.ID 22-0293 Public Hearing and Action on a Commercial Corridor Design Review - Block 1 of Northern Plains Addition. Page 3 City of Brookings July 26, 2022City Council Meeting Agenda - Final Memo Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Location Map Site Plan Landscape Plan Elevations Floor Plan Commercial Corridor Design Review Application Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9.C.ORD 22-026 Public Hearing and Action on Ordinance 22-026, an Ordinance Amending Section 16(F) of Ordinance 21-028, and Pertaining to Prohibited Locations for Licensing as Medical Cannabis Establishments in the City of Brookings. Memo Ordinance - clean Ordinance - marked Legal Notice Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 7/12/22 City Council read into the record 9.D.ID 22-0291 Public Hearing and Action on a request to transfer an On-Off Sale Malt License for Old Sanctuary, to Rabbit Rentals, LLC, Daniel Bielfeldt, owner, from Old Sanctuary Associates, Dennis Bielfeldt, owner, 928 4th Street. Legal description: Lot 1, and East 23 feet of Lot 2, Block 5, Skinners Second Addition. Memo Legal Notice City Code and SDCL References Location Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9.E.RES 22-055 Public Hearing and Action on Resolution 22-055, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On-Off Sale Wine License with Rabbit Rentals, LLC, dba Old Sanctuary, Daniel Bielfeldt, owner. Page 4 City of Brookings July 26, 2022City Council Meeting Agenda - Final Memo Resolution Operating Agreement Legal Notice Location Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9.F.ID 22-0298 Action on an Agreement between Rabbit Rentals, LLC, dba Old Sanctuary, Daniel Bielfeldt, owner, and the City of Brookings pertaining to the sale of alcoholic beverages. Memo Agreement - clean Agreement - marked CC Minutes history excerpt Location Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 10. Other Business: 10.A.RES 22-058 Action on Resolution 22-058, a Resolution Authorizing the Transfer of Real Property for Economic Development Purposes. Memo Resolution South Dakota Housing Opportunity Fund Loan Commitment Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 11.ID 22-0299 City of Brookings Progress Report. July Progress ReportAttachments: 12. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any topic at a future meeting. Items cannot be added for action at this meeting. A motion and second is required which states the topic, requested outcome, and time frame. A majority vote is required. 13. Executive Session 13.A.ID 22-0302 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 and SDCL 1-25-2.5, for purposes of discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivision, when public discussion may be harmful to the competitive position of the business. Page 5 City of Brookings July 26, 2022City Council Meeting Agenda - Final Action: Motion to enter into Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote 14. Adjourn. 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 6 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0295,Version:1 Action to approve City Council meeting minutes. Attachments: 07/12/2022 City Council Minutes 07/19/2022 City Council Minutes City of Brookings Printed on 7/21/2022Page 1 of 1 powered by Legistar™ Brookings City Council July 12, 2022 (unapproved) The Brookings City Council held a meeting on Tuesday, July 12, 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 Joey Collins, Holly Tilton Byrne, Wayne Avery, Brianna Doran, and Bonny Specker. Absent: Council Member Nick Wendell. City Manager Paul Briseno, City Attorney Steve Britzman, and City Clerk Bonnie Foster were also present. Agenda. A motion was made by Mayor Tilton Byrne, seconded by Council Member Doran, that the agenda be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Collins, Tilton Byrne, Avery, Doran, and Specker; Absent: 1 – Wendell. Consent Agenda: A motion was made by Council Member Collins, seconded by Council Member Doran, to approve the Consent Agenda. The motion carried by the following vote: Yes: 6 - Niemeyer, Collins, Tilton Byrne, Avery, Doran, and Specker; Absent: 1 – Wendell. A. Action to approve the June 28, 2022 City Council Minutes. FIRST READING – Ordinance 22-026. Introduction and First Reading was held on Ordinance 22-026, an Ordinance Amendment Section 16(F) of Ordinance 21-028, and Pertaining to Prohibited Locations for Licensing as Medical Cannabis Establishments in the City of Brookings. Public Hearing and Action: July 26, 2022. Ordinance 22-023. A public hearing was held on Ordinance 22-023, an Ordinance to Rezone a portion of 3707 Main Avenue South from a Joint Jurisdiction B-3 to a Joint Jurisdiction R-3A. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that Ordinance 22-023 be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Collins, Tilton Byrne, Avery, Doran, and Specker; Absent: 1 – Wendell. Ordinance 22-024. A public hearing was held on Ordinance 22-024, an Ordinance to Permit by Conditional Use a Mixed Business / Residential Use on Lot 13A of Block 2 in Folsom’s Addition, also known as 129 Main Avenue South. A motion was made by Council Member Doran, seconded by Council Member Collins, that Ordinance 22 -024 be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Collins, Tilton Byrne, Avery, Doran, and Specker; Absent: 1 – Wendell. Ordinance 22-025. A public hearing was held on Ordinance 22-025, an Ordinance to Rezone Lots 1 - 8 in Block 4 of Hill Park Addition from a Residence R-2 Two-Family District to a Business B-2 District. A motion was made by Council Member Specker, seconded by Council Member Doran, that Ordinance 22-025 be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Collins, Tilton Byrne, Avery, Doran, and Specker; Absent: 1 – Wendell. Commercial Corridor Design Review Overlay District Site Plan. A public hearing was held on a Commercial Corridor Design Review Overlay District Site Plan for 129 and 133 Main Avenue South. A motion was made by Council Member Avery, seconded by Council Member Doran, that the Commercial Corridor Design Review for 129 and 133 Main Avenue South be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Collins, Tilton Byrne, Avery, Doran, and Specker; Absent: 1 – Wendell. Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council Member Collins, that this meeting be adjourned at 6:26 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: __________________________ Bonnie Foster, City Clerk Brookings City Council July 19, 2022 (unapproved) The Brookings City Council held a Study Session on Tuesday, July 19, 2022 at 5:30 PM, at the Brookings City & County Government Center Community Room with the following City Council members present: Mayor Oepke Niemeyer, Council Members Nick Wendell, Joey Collins, Holly Tilton Byrne, Wayne Avery, Brianna Doran, and Bonny Specker. City Manager Paul Briseno, City Attorney Steve Britzman, and City Clerk Bonnie Foster were also present. Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Avery, that the agenda be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. American Rescue Plan Act (ARPA) Funding. The City Council held a discussion on the City of Brookings’ American Rescue Plan Act (ARPA) funding allocation of $4.4 million. The City completed multiple COVID impact surveys by stakeholders, residents, and business owners to identify community needs and funding opportunities. Public Comment: Mary Beth Fishback, Ivy Center; Tim Reed, Brookings Economic Development Corporation; Rachel Busmann, Family Resource Network and Brookings Child Care Coalition; Dan McColley, Habitat for Humanity; Mike Anderson, Inter-Lakes Community Action Coalition; Carla Gatzke. Adjourn.A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that this meeting be adjourned at 7:51 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 22-056,Version:2 Action on Resolution 22-056, a Resolution authorizing the City Manager to Sign Easement Documents for City Property Located in the East One-Half of Section Eight, Township 110 North, Range 49 West of the 5th P.M. Summary: This resolution will authorize the City Manager to sign easement documents for the location of an electrical transmission line belonging to the East River Electric Power Cooperative, Inc. on the northern side of the City’s landfill parcel located in the East One-Half of Section Eight, Township 110 North, Range 49 West of the 5th P.M. Background: Currently, an existing electrical transmission line, which belongs to East River Electric Power Cooperative, Inc., bisects the City’s landfill parcel in an easement. Due to activity adjacent to these poles at the landfill, East River Electric Power Cooperative, Inc. felt relocating the poles to the northern side of the property would be beneficial to the cooperative and City for continued use. Once the relocation is completed the existing easement would be vacated after one year of non-use. Once signed by both parties, this permanent easement would be recorded at the Register of Deeds. Fiscal Impact: The City will receive $6,000 for this easement. Recommendation: Staff recommends approval. Attachments: Memo Resolution Transmission Line Easement Easement Map Current Easement City of Brookings Printed on 7/21/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Charles L. Richter, P.E, City Engineer Council Meeting: July 26, 2022 Subject: Landfill Easement Presenter: Charles L. Richter, P.E, City Engineer Summary: This resolution will authorize the City Manager to sign easement documents for the location of an electrical transmission line belonging to the East River Electric Power Cooperative, Inc. on the northern side of the City’s landfill parcel located in the East One-Half of Section Eight, Township 110 North, Range 49 West of the 5th P.M. Background: An existing easement with East River Electric Power Cooperative, Inc. for an electrical transmission line bisects the City’s landfill parcel. Due to activity adjacent to these transmission line poles at the landfill, East River Electric Power Cooperative, Inc. felt relocating the poles to the northern side of the property would be beneficial to the cooperative and City for continued use. Once the relocation is completed the existing easement would be vacated after one year of non-use. Item Details: Approval of the Easement will allow East River Electric Power Cooperative, Inc., to move their transmission line to the north side of the Landfill parcel where they will replace the existing poles utilized by Sioux Valley Electric and string both company’s transmission lines. Once the relocation is completed the existing easement would be vacated after one year of non-use. Once signed by both parties, this permanent easement would be recorded at the Register of Deeds. Legal Consideration: City Attorney Steve Britzman has been consulted on this item. Strategic Plan Consideration: Safe, Inclusive, Connected Community – moving the electrical transmission poles will create a safer environment at the Landfill. Financial Consideration: The City will receive $6,000 for this Easement. 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: Resolution Transmission Line Easement Easement Map Current Easement Resolution 22-056 A Resolution Authorizing the City Manager to Sign Easement Documents for City Property Located in the East One-Half of Section 8, Township 110 North, Range 49 West of the 5th P.M. Whereas, the City of Brookings and the East River Electric Power Cooperative, Inc. desire to relocate electrical transmission lines currently within the landfill property to the northern side of the landfill property; and Whereas, the City of Brookings is the owner of property in the East One-Half of Section 8, Township 110 North, Range 49 West of the 5th P.M., County of Brookings, South Dakota; and Whereas, a permanent easement is necessary to relocate the electrical transmission lines. Now, Therefore, Be It Resolved that the City Manager of the City of Brookings is authorized to sign easement documents for the relocation of electrical transmission lines to the northern side of City landfill property located in the East One-Half of Section 8, Township 110 North, Range 49 West of the 5th P.M., County of Brookings, South Dakota. Dated this 26th day of July, 2022. CITY OF BROOKINGS, SD _________________________ Oepke G. Niemeyer, Mayor ATTEST: ____________________________ Bonnie Foster, City Clerk This Instrument was Drafted by: East River Electric Power Cooperative, Inc. 121 SE First Street, Madison, SD 57042 605-256-4536 File No. 0203-05 TRANSMISSION LINE RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned CITY OF BROOKINGS, Grantors, for good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant unto East River Electric Power Cooperative, Inc., 121 SE First Street, Madison, South Dakota 57042, Grantee, a cooperative corporation (hereinafter called the "Cooperative") and to its successors or assigns a perpetual easement with the right of ingress and egress to the Easement Area, over the property described as: THE NORTH NINETY FEET (N 90'), INCLUDING ROAD RIGHT OF WAY, OF THE EAST HALF (E1/2) OF SECTION EIGHT (8), TOWNSHIP ONE HUNDRED TEN (110) NORTH, RANGE FORTY-NINE (49) WEST OF THE 5TH P.M. IN BROOKINGS COUNTY, SOUTH DAKOTA, EXCEPT LOT ONE (1) OF AAMOT ADDITION LOCATED THEREIN to construct, reconstruct, repair, operate and maintain on the above described lands and/or in or upon all streets, roads or highways abutting said lands, an electric transmission line or system, to cut, trim and control the growth by chemical means, machinery or otherwise of trees and shrubbery located within thirty feet of the center line of said line or system, or that may interfere with or threaten to endanger the operation and maintenance of said line or system, including any control of the growth of other vegetation in the right-of-way which may incidentally and necessarily result from the means of control employed, and to license, permit, or otherwise agree to the joint use or occupancy of the line or system by any other person, municipal corporation, association or corporation for electrification, telephone or other telecommunication applications within the Easement Area described above. The undersigned agree that all poles, wires and other facilities, installed on the above described lands at the Cooperative's expense, shall remain the property of the Cooperative or its assigns, removable at the option of the Cooperative. The Cooperative agrees to administer payment to the undersigned for the privileges herein granted, when said line or system has been completely constructed, the sum of: Six Thousand and 00/100 Dollars ($6,000.00) The Cooperative further agrees to reimburse the undersigned for any losses or damage to crops or property caused by the construction, reconstruction, repair, operation or maintenance of the transmission line on the above described lands. The undersigned covenant that it is the owner of the above described Easement area and that the said Easement area is free and clear of encumbrances and liens of whatsoever character. IN WITNESS WHEREOF, the undersigned have set their hands and seals this ____ day of _________________, in the year 2002. CITY OF BROOKINGS Its STATE OF SOUTH DAKOTA ) ) ss County of Brookings ) On this ___ day of , 2022, before me personally appeared _____________________, who acknowledged himself/herself to be the ____________________ of the CITY OF BROOKINGS, and that he/she, as such ____________________, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the CITY OF BROOKINGS himself/herself as ____________________. Notary Public My commission expires the ____ day of , 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 #:RES 22-057,Version:1 Action on Resolution 22-057, a Resolution Authorizing the City Manager to Sign and Submit an Application for a Bridge Improvement Grant for the Preliminary Engineering for the Replacement of a Bridge on Western Avenue. Summary: The resolution would authorize the City Manager to sign and submit a Bridge Improvement Grant Application to perform preliminary engineering to replace a bridge on Western Avenue. The preliminary engineering for the bridge replacement will make the City eligible for future state funds that can be used to replace the bridge. Recommendation: Staff recommends approval. Attachments: Memo Resolution Application Map City of Brookings Printed on 7/21/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Charles L. Richter, P.E, City Engineer Council Meeting: July 26, 2022 Subject: Bridge Improvement Grant Application Authorization Person(s) Responsible: Charles L. Richter, P.E., City Engineer Summary: The resolution would authorize the City Manager to sign and submit an application for a Bridge Improvement Grant for the Preliminary Engineering for the replacement of a Bridge on Western Avenue. Background: The City of Brookings inspects all City bridges and box culverts on a two -year rotation. The City has three bridges and one box culvert in the program which were recently inspected in 2021. The lowest rated bridge located on Western Avenue was identified to be in fair condition. While this bridge is not in immediate need of replacement, the City anticipates it will need to be replaced in the near future. Item Details: The Bridge Improvement Grant (BIG) is a state grant program administered by the South Dakota Department of Transportation (SDDOT) which provides grants to communities to assist with the design and construction of bridge replacements. The City is planning to utilize this program to obtain funding to provide preliminary engineering for the replacement of the lowest rated bridge within City limits. During our biennial bridge inspection in 2021, a bridge on Western Avenue was lowest ranked bridge in the City. While this bridge is not in immediate need of replacement, the City anticipates the bridge will need replacing in the near future. With the preliminary engineering provided by this grant, the City will be in a position to request additional grant money from the program for construction when the bridge is needed to be replaced. Legal Consideration: None. Strategic Plan Consideration: Fiscal Responsibility – The City will receive 80% of the engineering cost from the grant and will make the City eligible for a future grant for construction. Financial Consideration: The total cost for preliminary engineering for this project is $35,663.51 , of which the grant would cover $28,530.81 (80% of the total cost) and the City would be responsible for $7,132.70 (20% of the total cost). 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 Resolution Map Application Resolution 22-057 A Resolution Authorizing the City Manager to Sign and Submit an Application for a Bridge Improvement Grant for the Preliminary Engineering for the Replacement of a Bridge on Western Avenue Whereas, the City of Brookings has a bridge located on Western Avenue which was recently evaluated and will need to be replaced in the near future; and Whereas, preliminary engineering for this bridge replacement is necessary for the City to be eligible for future grants needed for the replacement of the bridge; and Whereas, this resolution authorizes the City Manager to sign and submit the Grant Application for a Bridge Improvement Grant for the preliminary engineering needed for the future replacement of a bridge on Western Avenue. Total estimate for the preliminary engineering for this project is $35,663.51. The grant would cover 80% of the total cost and the City would be obligated to pay 20% of the total cost; and Whereas, the City Manager would serve as the City’s Official for the purpose of signing grant agreements, contracts, correspondence, pay requests, and other required documents in connection with a grant and this project. Now, Therefore, Be It Resolved that the City Manager of the City of Brookings is authorized to sign and submit the Grant Application for a project totaling $35,663.51, and to sign agreements, contracts, correspondence, pay requests, and other required documents for this project. Passed and approved on the 26th day of July, 2022. CITY OF BROOKINGS, SD _____________________________ Oepke G. Niemeyer, Mayor ATTEST: ________________________________ Bonnie Foster, City Clerk SDDOT(6/14/22)update 2023 APPLICATION FOR BRIDGE IMPROVEMENT GRANT (BIG) PE FUNDS or LOCAL BRIDGE REPLACEMENT or REMOVAL FUNDS South Dakota Department of Transportation SUBMIT APPLICATION TO: Colton.Stahl@state.sd.us Identification Bridge ID # ___06-160-152________________________ Owner _____ City of Brookings___________________ Location __0.8 miles north of Sixth Street on Western Avenue_ Fed Functional Classification: 3333 Over: Unnamed Creek Road/Street/Avenue Name: Western Avenue BIG Score: 10.832 Mod. BIG Score: 10.832 Program Application for (check only one):  Federal Removal Project (Design & Construction)  Federal Replacement Project (Design & Construction)  Bridge Improvement Preliminary Engineering Grant (Survey & Hydraulics)  Both Federal Replacement Project & Bridge Improvement Preliminary Engineering Grant Grant (BIGs Only) Total Project Amount $35,663.51= Requested Grant Amount $28,530.81 + Local Match $7,132.70 (20% minimum) If Higher Percent Used Show Here___________% Eligibility (BIGs Only) All Projects: (Attach separate sheet with explanation if any of the following are False) Structure serves multiple residences, farms, ranches or a multi-lot development?  True  False Structure is located on a Full Maintenance Road?  True  False Roadway does not terminate into a field entrance, driveway, single residence, farm, or ranch?  True  False Local Public Agency (LPA) is in full compliance with Federal and State NBIS requirements?  True  False County Applicant: Amount of County Wheel Tax per wheel for >6000 lb classification: __N/A – City Applicant____ Is the structure listed in the Approved County 5-Year Plan or  Yes  No – N/A City Applicant Revised Plan (Attach with signed standard resolution)? Has general maintenance been performed on the structure? (Must attach maintenance records.)  Yes  No Preliminary Engineering: Attach cost proposal (DOT cost plus fixed fee format for the requested work; maximum allowable fixed fee = 13%) Prioritization Describe the economic importance of evaluating/replacing this bridge (attach additional sheets as needed): This structure is used by local businesses, industries, and residents that live and work along Western Avenue within the City of Brookings. One particular business, GCC Ready Mix, is located just east of this structure location and multiple trucks utilize this crossing daily coming and going from this business. This structure is vital to the local businesses and residences along and near Western Avenue. LPA Authorization ____ Charlie Richter, PE – City Engineer for the City of Brookings ________________________________________________ LPA Contact (print) Contact email and phone number: ___CRichter@cityofbrookings-sd.gov (605) 692-6629 ______________________ Attach resolution from Commission/Council authorizing application for grant(s). 2023 BIG PE/Federal Appl Page 1 of 3 BRIDGE IMPROVEMENT GRANT / LOCAL FEDERAL BRIDGE PROGRAMS RESOLUTION AUTHORIZING SUBMISSION OF APPLICATIONS WHEREAS, City of Brookings wishes to submit an application(s) for consideration of award for the Bridge Improvement Grant and/or Local Federal Bridge Programs: STRUCTURE NUMBER(S) AND LOCATION(S): Structure 06-160-152 Over Unnamed Creek Located 0.8 miles north of 6th Street on Western Avenue within City Limits and WHEREAS, N/A certifies that the project(s) are listed in the county’s Five-Year County Highway and Bridge Improvement Plan*; and WHEREAS, City of Brookings agrees to pay the 20% match on the Bridge Improvement Grant funds and/or 0.0% match on the Local Federal Bridge funds; and WHEREAS, City of Brookings hereby authorizes the Bridge Improvement Grant and Local Federal Bridge application(s) and any required funding commitments. NOW THEREFORE BE IT RESOLVED: That the South Dakota Department of Transportation be and hereby is requested to accept the attached Bridge Improvement Grant and/or Local Federal Bridge application(s). Vote of Commissioners/Council: Yes No Dated at , SD, this day of , . ATTEST: County Auditor/City Finance Officer Chairman/Mayor *NOTES: - not applicable for cities applying for the grant – simply mark ‘NA’ - not applicable if applying for ONLY the Local Federal Bridge Program – simply mark ‘NA’ Minimum required for Bridge Improvement Grant is 20%; must match percent shown on application. 2023 BIG PE/Federal Appl Page 2 of 3 Direct Labor Salary Cost: Estimated Hours Hourly Rate Estimated Cost Chris Brozik - Principal Engineer 40 $42.70 $1,708.00 Jason Peterson - Project Engineer 100 $41.55 $4,155.00 Cole Bungarden - Engineer in Training 140 $25.96 $3,634.40 Andrew Kangas - Land Surveyor 12 $42.70 $512.40 Tim Brezina - Technician III 40 $30.93 $1,237.20 John Schinkel - Technician III 20 $36.54 $730.80 Cade Marttinen - Technician I 40 $22.00 $880.00 Total Direct Labor Cost 392 $12,857.80 Labor Overhead Cost:145.38% $18,692.67 Fixed Fee - Max. Allowable for Structure Hyd/Survey 13.00%$4,101.56 Capital Cost of Money 0.0893% $11.48 Direct Expenses: Mileage $0.625 $0.00 Meals (Per Diem) Lodging Photocopies Postage Miscellaneous Total Direct Expenses $0.00 Subtotal $35,663.51 Subsurface Investigation (if contracting out)$0.00 Total Cost for Application $35,663.51 State 80%$28,530.81 Local 20%$7,132.70 $5,500.00 * INFO ONLY IF SDDOT TO DO - NOT part of the cap & State pays match (NO bill to local) * Estimate for Subsurface Investigation (Min. of $5,500 assuming a box will be selected / Min. of $11,500 assuming a 1-span bridge OR $15,000 assuming a multi-span bridge will be selected.) KG 8/19 Engineering Opinion of Probable Cost (Str. 06-160-152) Civil Design Inc. BIG Project: BR_ NNNN(00)NN-N PCN: NNNN City of Brookings Agreement Number: ____________________ Work Order Number: LG-____-___ 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 22-0242,Version:1 Proclamation: Americans with Disabilities Act 32nd Anniversary Day Summary: Members of the Brookings Disability Awareness Committee will be present to accept this Proclamation from Mayor Niemeyer. Attachments: Proclamation City of Brookings Printed on 7/21/2022Page 1 of 1 powered by Legistar™ Mayoral Proclamation CITY OF BROOKINGS, SOUTH DAKOTA WHEREAS, the Americans with Disabilities Act (ADA) was passed on July 26, 1990, as the first comprehensive declaration of equality for disabled people and protects rights in all aspects of employment, in accessing public services, and guaranteeing access to private establishments; and WHEREAS, the goals of the community align with providing disabled people with the opportunities and support to achieve full integration and inclusion in society, in an individualized manner; and WHEREAS, disability is a natural part of the human experience that does not diminish the right to enjoy the opportunity to live independently, enjoy self- determination, make choices, contribute to society, and experience full integration and inclusion with necessary services and supports. NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim July 26, 2022 as: AMERICANS WITH DISABILITIES ACT 32ND ANNIVERSARY DAY And call upon the people of Brookings to: 1. Recognize and celebrate the progress that has been made by reaffirming the principals of equality and inclusion and recommitting our efforts to reach full ADA compliance for disabled people in the City of Brookings. 2. Continue advocating for full inclusion and equity of individuals with disabilities in all aspects of society. IN WITNESS WHEREOF, I have hereunto set my hand, and caused to be affixed the Great Seal of the City of Brookings, this 26th day of July, 2022. ____________________________ Oepke G. Niemeyer, Mayor City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0296,Version:1 2021 Annual Comprehensive Financial Report and Audit Summary. Summary: Ashley Rentsch, Deputy Finance Manager, will present the 2021 Annual Comprehensive Financial Report and Audit Summary to the City Council and members of the public. Attachments: Executive Summary Presentation City of Brookings Printed on 7/21/2022Page 1 of 1 powered by Legistar™ CITY OF BROOKINGS, SOUTH DAKOTAExecutive Summary – December 31, 2021 AUDIT RECAP AUDIT RECAP•Performed in accordance with generally accepted auditing standards, Government Auditing Standards, and Title 2 U.S. Code of Federal Regulations (CFR)*•Obtain reasonable, not absolute, assurance about whether the financial statements are free of material misstatement•Audit procedures:•Include examining, on a test basis, evidence supporting amounts and disclosures•Discussions with management•Assess quality of accounting principles and significant estimates•Net Pension Liability•Other Post-Employment Benefits (OPEB)OBJECTIVES* The audit over federal funds is ongoing AUDIT RECAP•Planning and Pre-Work –November through April•Year-End Testing –May and June•Team was onsite the week of 5/9/2022•Reporting –June•Issued the audit opinion on 6/27/2022TIMELINE AUDIT RESULTS AUDIT RESULTS•The City received a “clean” audit opinion•Unmodified opinion – financial statements are prepared using accounting principles generally accepted in the U.S. (GAAP)•Financial statements do not contain material misstatements and are fairly presented•Opinion is merely the auditor’s professional opinion, based on audit work, on whether the financial statements were prepared in accordance with GAAP, free from material misstatement, and fairly presentedFinancial Statements AUDIT RESULTS•Material Weakness•None reported•Significant Deficiency•None reportedFinancial Statement Findings CASH AND INVESTMENTS TOTAL CASHThe total cash for the past ten years (in thousands) is as follows:2012 2013 2014 2015 2016 2017 2018 2019 2020 2021Proprietary$46,825 $47,075 $65,971 $81,733 $52,504 $64,303 $71,027 $32,762 $82,690 $93,631Governmental$6,693 $7,344 $7,579 $13,821 $16,598 $17,129 $20,359 $20,986 $27,560 $36,872 $- $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 LIQUIDITY RATIOThe liquidity ratio is calculated by dividing cash and cash equivalents by accounts payable, other current liabilities, and long-term liabilities due within one year. The liquidity ratio for the past ten years is as follows: - 0.50 1.00 1.50 2.00 2.50 3.00 3.50 4.00 4.50 5.002012 2013 2014 2015 2016 2017 2018 2019 2020 2021 TOTAL CASH AND INVESTMENTSThe total cash and investments for the past ten years (in thousands) is as follows:2012 2013 2014 2015 2016 2017 2018 2019 2020 2021Investments$23,110 $24,055 $24,599 $12,690 $26,011 $25,546 $29,836 $92,539 $64,874 $97,254Cash$53,518 $54,419 $73,550 $95,554 $69,102 $81,432 $91,386 $53,748 $110,250 $130,503 $- $50,000 $100,000 $150,000 $200,000 $250,000 GENERAL FUND REVENUESGeneral fund revenues are primarily from taxes, charges for services, and intergovernmental sources. Revenues for the previous ten years (in thousands) are as follows:2012 2013 2014 2015 2016 2017 2018 2019 2020 2021Other$859 $654 $1,612 $1,624 $1,918 $1,692 $1,732 $1,933 $1,510 $1,741Charges for services$413 $413 $398 $403 $457 $439 $418 $349 $182 $469Intergovernmental$796 $787 $1,101 $1,652 $820 $825 $789 $868 $4,482 $1,021Licenses and permits$416 $278 $239 $279 $304 $269 $346 $270 $273 $165Taxes$7,884 $8,645 $8,914 $9,167 $9,567 $9,659 $10,016 $10,539 $10,534 $11,288 $- $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 $16,000 $18,000 EXPENDITURESExpenditures for the previous ten years (in thousands) are as follows:2012 2013 2014 2015 2016 2017 2018 2019 2020 2021Capital outlay$3,140 $1,618 $2,601 $3,290 $2,799 $1,762 $1,868 $1,198 $239 $479Other$1,228 $210 $157 $158 $- $- $- $- $- $-Culture and recreation$3,187 $3,182 $3,735 $3,489 $3,530 $3,765 $4,053 $3,803 $3,312 $3,981Health and welfare$83 $96 $98 $94 $96 $96 $101 $154 $152 $138Public works$2,746 $2,978 $3,137 $3,237 $3,374 $2,609 $2,777 $3,512 $3,213 $3,476Public safety$3,239 $3,437 $3,539 $3,718 $3,933 $4,021 $4,029 $4,480 $4,611 $4,763General government$1,913 $2,024 $2,585 $2,593 $2,695 $2,625 $2,640 $2,849 $3,463 $3,536 $- $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 $16,000 $18,000 A POSITIVE FUND BALANCE:Contributes to a favorable bond ratingProduces investment income and provides a source of working capital to meet cash flow needsOffers a cushion for unexpected expenditures or revenue shortfalls123 FUND BALANCE CATEGORIESNonspendableRepresents amounts that cannot be spent Not in spendable formInventory, prepaid expensesRestrictedLegally restricted by outside partiesCannot be appropriated for other spendingCommittedIntended for a specific activityImposed by formal action of the board but is not legally restrictedAssignedIntended for a specific activity by board or designated individualsNot legally restrictedUnassignedReservesAvailable funds TOTAL FUND BALANCESTotal fund balances of the General Fund for the past 10 years (in thousands): 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021Nonspendable$2,635 $2,528 $3,907 $3,607 $3,221 $3,263 $2,744 $2,729 $2,239 $2,055Restricted$59 $71 $68 $849 $83 $60 $57 $43 $37 $2,219Committed$3,445 $3,496 $3,610 $3,610 $3,919 $3,973 $4,023 $3,919 $3,677 $2,821Assigned$1,543 $1,238 $1,328 $1,529 $1,629 $2,112 $1,868 $1,656 $4,306 $5,430Unassigned$3,662 $5,387 $7,391 $5,242 $5,820 $6,333 $8,072 $9,800 $11,887 $8,733 $- $5,000 $10,000 $15,000 $20,000 $25,000 FUND BALANCEThe City’s unassigned fund balance as a percentage of expenditures in the General Fund for the last 10 years:23.6%39.8%46.6%31.6%35.4%42.6%52.2%61.3%79.3%53.3%0.0%10.0%20.0%30.0%40.0%50.0%60.0%70.0%80.0%90.0%2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2NDPENNY SALES AND USE TAX FUND REVENUESSales and use tax collections and other revenues for the previous ten years (in thousands) are as follows:2012 2013 2014 2015 2016 2017 2018 2019 2020 2021Other$86 $605 $48 $18 $44 $389 $366 $2,380 $373 $14Sales and use taxes$5,324 $5,999 $6,149 $6,296 $6,595 $6,607 $6,869 $7,329 $7,111 $7,700 $- $1,000 $2,000 $3,000 $4,000 $5,000 $6,000 $7,000 $8,000 $9,000 $10,000 FUND BALANCEThe ending fund balance for the last ten years (in thousands): $- $2,000 $4,000 $6,000 $8,000 $10,000 $12,0002012 2013 2014 2015 2016 2017 2018 2019 2020 2021 OTHER ITEMS PAYROLL DATA ANALYTICS•Offered as a complimentary value-added service in year one of the audit relationship•Analyzed payroll for all of 2021•Seven tests performed to identify anomalies1. Employee total pay analysis2.Employee hours paid analysis3. Employee pay date analysis4. Payment type analysis5. Pay rate analysis6. Deduction analysis7. Departmental pay and deduction analysis•No significant anomalies noted WHAT’S NEXT AND OTHER TOPICS•Federal grant programs•American Rescue Plan Act•Infrastructure Investment and Jobs Act•GASB No. 87, Leases(2022)•GASB No. 96, Subscription-Based Information Technology Arrangements(2023)•Ongoing Communication – throughout the year•Online publications•Webinars•Access to specialists This presentation is presented with the understanding that the information contained does not constitute legal, accounting or other professional advice. It is not intended to be responsive to any individual situation or concerns, as the contents of this presentation are intended for general information purposes only. Viewers are urged not to act upon the information contained in this presentation without first consulting competent legal, accounting or other professional advice regarding implications of a particular factual situation. Questions and additional information can be submitted to your Eide Bailly representative, or to the presenter of this session. QUESTIONS? THANK YOUJamie Fay, CPAPartnerjfay@eidebailly.com507.304.6944Brian Stavenger, CPAPartnerbstavenger@eidebailly.com701.239.8518 CITY OF BROOKINGS, SOUTH DAKOTA Executive Summary –December 31, 2021 AUDIT RECAP AUDIT RECAP •Performed in accordance with generally accepted auditing standards, Government Auditing Standards, and Title 2 U.S. Code of Federal Regulations (CFR)* •Obtain reasonable, not absolute, assurance about whether the financial statements are free of material misstatement •Audit procedures: •Include examining, on a test basis, evidence supporting amounts and disclosures •Discussions with management •Assess quality of accounting principles and significant estimates •Net Pension Liability •Other Post-Employment Benefits (OPEB) OBJECTIVES * The audit over federal funds is ongoing AUDIT RECAP •Planning and Pre-Work –November through April •Year-End Testing –May and June •Team was onsite the week of 5/9/2022 •Reporting –June •Issued the audit opinion on 6/27/2022 TIMELINE AUDIT RESULTS AUDIT RESULTS •The City received a “clean” audit opinion •Unmodified opinion –financial statements are prepared using accounting principles generally accepted in the U.S. (GAAP) •Financial statements do not contain material misstatements and are fairly presented •Opinion is merely the auditor’s professional opinion, based on audit work, on whether the financial statements were prepared in accordance with GAAP, free from material misstatement, and fairly presented Financial Statements AUDIT RESULTS •Material Weakness •None reported •Significant Deficiency •None reported Financial Statement Findings CASH AND INVESTMENTS TOTAL CASH The total cash for the past ten years (in thousands) is as follows: 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Proprietary $46,825 $47,075 $65,971 $81,733 $52,504 $64,303 $71,027 $32,762 $82,690 $93,631 Governmental $6,693 $7,344 $7,579 $13,821 $16,598 $17,129 $20,359 $20,986 $27,560 $36,872 $- $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 LIQUIDITY RATIO The liquidity ratio is calculated by dividing cash and cash equivalents by accounts payable, other current liabilities, and long-term liabilities due within one year. The liquidity ratio for the past ten years is as follows: - 0.50 1.00 1.50 2.00 2.50 3.00 3.50 4.00 4.50 5.00 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 TOTAL CASH AND INVESTMENTS The total cash and investments for the past ten years (in thousands) is as follows: 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Investments $23,110 $24,055 $24,599 $12,690 $26,011 $25,546 $29,836 $92,539 $64,874 $97,254 Cash $53,518 $54,419 $73,550 $95,554 $69,102 $81,432 $91,386 $53,748 $110,250 $130,503 $- $50,000 $100,000 $150,000 $200,000 $250,000 GENERAL FUND REVENUES General fund revenues are primarily from taxes, charges for services, and intergovernmental sources. Revenues for the previous ten years (in thousands) are as follows: 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Other $859 $654 $1,612 $1,624 $1,918 $1,692 $1,732 $1,933 $1,510 $1,741 Charges for services $413 $413 $398 $403 $457 $439 $418 $349 $182 $469 Intergovernmental $796 $787 $1,101 $1,652 $820 $825 $789 $868 $4,482 $1,021 Licenses and permits $416 $278 $239 $279 $304 $269 $346 $270 $273 $165 Taxes $7,884 $8,645 $8,914 $9,167 $9,567 $9,659 $10,016 $10,539 $10,534 $11,288 $- $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 $16,000 $18,000 EXPENDITURES Expenditures for the previous ten years (in thousands) are as follows: 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Capital outlay $3,140 $1,618 $2,601 $3,290 $2,799 $1,762 $1,868 $1,198 $239 $479 Other $1,228 $210 $157 $158 $-$-$-$-$-$- Culture and recreation $3,187 $3,182 $3,735 $3,489 $3,530 $3,765 $4,053 $3,803 $3,312 $3,981 Health and welfare $83 $96 $98 $94 $96 $96 $101 $154 $152 $138 Public works $2,746 $2,978 $3,137 $3,237 $3,374 $2,609 $2,777 $3,512 $3,213 $3,476 Public safety $3,239 $3,437 $3,539 $3,718 $3,933 $4,021 $4,029 $4,480 $4,611 $4,763 General government $1,913 $2,024 $2,585 $2,593 $2,695 $2,625 $2,640 $2,849 $3,463 $3,536 $- $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 $16,000 $18,000 A POSITIVE FUND BALANCE: Contributes to a favorable bond rating Produces investment income and provides a source of working capital to meet cash flow needs Offers a cushion for unexpected expenditures or revenue shortfalls 1 2 3 FUND BALANCE CATEGORIES Nonspendable Represents amounts that cannot be spent Not in spendable form Inventory, prepaid expenses Restricted Legally restricted by outside parties Cannot be appropriated for other spending Committed Intended for a specific activity Imposed by formal action of the board but is not legally restricted Assigned Intended for a specific activity by board or designated individuals Not legally restricted Unassigned Reserves Available funds TOTAL FUND BALANCES Total fund balances of the General Fund for the past 10 years (in thousands): 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Nonspendable $2,635 $2,528 $3,907 $3,607 $3,221 $3,263 $2,744 $2,729 $2,239 $2,055 Restricted $59 $71 $68 $849 $83 $60 $57 $43 $37 $2,219 Committed $3,445 $3,496 $3,610 $3,610 $3,919 $3,973 $4,023 $3,919 $3,677 $2,821 Assigned $1,543 $1,238 $1,328 $1,529 $1,629 $2,112 $1,868 $1,656 $4,306 $5,430 Unassigned $3,662 $5,387 $7,391 $5,242 $5,820 $6,333 $8,072 $9,800 $11,887 $8,733 $- $5,000 $10,000 $15,000 $20,000 $25,000 FUND BALANCE The City’s unassigned fund balance as a percentage of expenditures in the General Fund for the last 10 years: 23.6% 39.8% 46.6% 31.6% 35.4% 42.6% 52.2% 61.3% 79.3% 53.3% 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% 90.0% 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2ND PENNY SALES AND USE TAX FUND REVENUES Sales and use tax collections and other revenues for the previous ten years (in thousands) are as follows: 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Other $86 $605 $48 $18 $44 $389 $366 $2,380 $373 $14 Sales and use taxes $5,324 $5,999 $6,149 $6,296 $6,595 $6,607 $6,869 $7,329 $7,111 $7,700 $- $1,000 $2,000 $3,000 $4,000 $5,000 $6,000 $7,000 $8,000 $9,000 $10,000 FUND BALANCE The ending fund balance for the last ten years (in thousands): $- $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 OTHER ITEMS PAYROLL DATA ANALYTICS •Offered as a complimentary value-added service in year one of the audit relationship •Analyzed payroll for all of 2021 •Seven tests performed to identify anomalies 1.Employee total pay analysis 2.Employee hours paid analysis 3.Employee pay date analysis 4.Payment type analysis 5.Pay rate analysis 6.Deduction analysis 7.Departmental pay and deduction analysis •No significant anomalies noted WHAT’S NEXT AND OTHER TOPICS •Federal grant programs •American Rescue Plan Act •Infrastructure Investment and Jobs Act •GASB No. 87, Leases (2022) •GASB No. 96, Subscription-Based Information Technology Arrangements (2023) •Ongoing Communication –throughout the year •Online publications •Webinars •Access to specialists This presentation is presented with the understanding that the information contained does not constitute legal, accounting or other professional advice. It is not intended to be responsive to any individual situation or concerns, as the contents of this presentation are intende d for general information purposes only. Viewers are urged not to act upon the information contained in this presentation without first consulting comp etent legal, accounting or other professional advice regarding implications of a particular factual situation. Questions and additional information can be submitted to your Eide Bailly representative, or to the presenter of this session. QUESTIONS? THANK YOU Jamie Fay, CPA Partner jfay@eidebailly.com 507.304.6944 Brian Stavenger, CPA Partner bstavenger@eidebailly.com 701.239.8518 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 22-027,Version:1 Introduction and First Reading on Ordinance 22-027, an Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to Residence R-3 Apartment District for the purpose of administration of the Zoning Ordinance. Public Hearing and Action: August 9, 2022. Summary: Proposed amendments to the Residence R-3 Apartment District to eliminate the per unity density requirement, increase the maximum height allowed, and clarify additional setbacks. Recommendation: The Planning Commission vote 7 - 0 recommending approval of the amendment. The Development Review Team and Staff recommend approval of the proposed R-3 District amendments. Attachments: Memo Ordinance - Clean Ordinance - Marked Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Bufferyards City of Brookings Printed on 7/21/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Meeting: July 26, 2022 Subject: Residence R-3 Apartment District Amendments Person(s) Responsible: Mike Struck, Community Development Director Summary: Proposed amendments to the Residence R-3 Apartment District to eliminate the per unity density requirement, increase the maximum height allowed, and clarify additional setbacks. Background: The Residence R-3 Apartment District is a high density zoning district offering a variety of residential uses, including single-family, two-family, apartments, condominiums, townhouses, fraternities and sororities and community facilities such as schools, parks, churches, and community and public buildings. The R-3 District regulations includes per unit density square foot requirements; minimum lot area; minimum lot width; minimum front yard, side yard and rear yard requirements; and a maximum height allowance. The housing market has changed over time with the market adjusting towards smaller dwelling units in apartment projects as well as incorporating underground parking into projects where feasible. In addition, the Comprehensive Plan promotes contiguous and compact development along with the creation of diverse housing options. The City encourages efficient utilization of available land and resources to build housing capacity for additional housing units and options. One of the areas to assist in achieving capacity is reviewing existing codes to ensure they are still relevant and necessary. Item Details: The proposed ordinance amendments modify the intent of the Residence R-3 Apartment District by acknowledging the zoning district a s one for the highest density of multi-family residences. Additional amendments are proposed to remove the per unit density requirement and increase the maximum height allowance. The per unit density square foot requirement is only applicable to apartment s, condominiums, and townhouses of three or more units in the R -3 District. The per unit density is not applicable to any other uses allowed in the R -3 District. Trends in the multi-family residential construction has been moving towards smaller units, f ocusing more on efficiency and one bedroom apartments. The smaller square foot dwelling units allow for more units within a building footprint; however, the current per unit density regulations can unduly restrict the number of units even though all other regulations are met (i.e. setbacks, landscaping, parking, bufferyards, etc.). The second part of the amendment is increasing the maximum height allowance from forty-five (45) feet to sixty (60) feet. The forty-five (45) foot height allowance was acceptable for a four-story apartment if the apartment contained eight-foot finished interior ceiling heights. Market conditions have trended towards interior ceiling heights of nine- feet with two- foot floor trusses to accommodate HVAC systems causing developments to seek variance requests to the height allowance. The third part of the amendment is clarifying conditional requirements by making reference to the Bufferyard standards when an R-3 zoned property is adjacent to any residential zoned property. In particular, the Bufferyards require an increased separation distance when a structure exceeds 30-feet in height, where the current language would require the side yard setback to increase from seven -feet to 10-feet if the proposed structure was three or more stories in height. Legal Consideration: None Strategic Plan Consideration: Sustainability – Review and analysis of the Zoning Regulations is part of the Comprehensive Plan Implementation strategies and the proposed amendments are consistent with recommendations of Comprehensive Plan to eliminate and/or reduce barriers for housing development. Economic Growth – The proposed amendments will help the economic growth of the community by providing the ability to create more capacity for housing units within the community through the elimination of per unit density requirements and increasing the maximum height requirements. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table The Development Review Team and Staff recommend approval of the proposed R-3 District amendments. The Planning Commission voted 7 – 0 recommending approval. Supporting Documentation: Memo Ordinance – Clean Ordinance – Marked Legal Notice – City Council Legal Notice – Planning Commission Planning Commission Minutes Bufferyards 1 Ordinance 22-027 An Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to Residence R-3 Apartment District for the purpose of administration of the Zoning Ordinance Be It Ordained by the City Council of the City of Brookings, State of South Dakota: that Chapter 94, Zoning, Section 94-127 Subsection (a) and (f) thereto, shall be amended as follows: I. Section 1. Sec. 94-127. – Residence R-3 apartment district. (a) Intent. This district is intended to provide for areas of the highest density of multi - family residential. This district provides for single-family, two-family, apartments, condominiums, townhouses, fraternities and sororities and supportive community facilities such as schools, parks, churches and community and public buildings. (f) Area, yard and height regulations. The R-3 District regulations are as follows: Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height Single-family dwelling 6,000 50 feet 20 feet 7 feet 25 feet 35 feet Two dwelling units 8,400 65 feet 20 feet 7 feet 25 feet 35 feet Single-family attached 0 feet side yard 2 units 9,600 75 feet 20 feet 0 feet or 7 feet on nonparty wall 25 feet 35 feet 3 units 12,000 90 feet 20 feet 0 feet or 7 feet on nonparty wall 25 feet 35 feet 4 units 14,000 105 feet 20 feet 0 feet or 7 feet on nonparty wall 25 feet 35 feet Apts., condominiums, townhouses* (3 or more units) 10,000 75 feet 20 feet 7 feet** 25 feet 60 feet ** Other allowable uses 6,000 50 feet 20 feet 7 feet** 25 feet 60 feet ** 2 *Parking lots shall be screened from single-family and two-family residential uses according to section 94-401. **94-399.1 Bufferyards applicable. II. Any and all ordinances in conflict herewith are hereby repealed. First Reading: July 26, 2022 Second Reading: August 9, 2022 Published: CITY OF BROOKINGS, SD ATTEST: Oepke G. Niemeyer, Mayor Bonnie Foster, City Clerk Created: 2022-02-16 15:44:08 [EST] (Supp. No. 13) Page 1 of 3 Sec. 94-127. Residence R-3 apartment district. (a) Intent. This district is intended to provide for areas of the highest density of multi-family residential use with a gross density of seven to twenty-four dwelling units per acre. This district provides for single-family, two- family, apartments, condominiums, townhouses, fraternities and sororities and supportive community facilities such as schools, parks, churches and community and public buildings. (b) Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Residence R -3 apartment district. (c) Permitted uses. (1) Single-family dwelling including accessory uses incidental thereto, such as private garages, parking areas, etc. (2) Two-family dwelling including accessory uses incidental thereto, such as private garages, parking areas, etc. (3) Single-family zero-feet side yard dwelling. (4) Apartment or condominium. (5) Townhouse. (6) Fraternity and sorority. (7) Family day care. (d) Permitted special uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein: (1) All permitted special uses and conditions as stated in section 94-124(d) (R-1A). (2) All permitted special uses and conditions as stated in section 94-126 (R-2), excluding single-family zero- feet side yard dwelling . (3) Day care facility. a. A four-foot high transparent fence shall be constructed between the play area and the street if the play area is adjacent to any arterial or collector street. b. A safe pick-up and drop-off area shall be provided. (4) Retirement or nursing home. a. Parking areas shall be screened from adjacent residential properties by a four-foot high fence or equivalent landscaping. (5) Group home. a. Applicants shall provide statements as to the type of supervision the home will have. (6) Domestic abuse shelter. a. All parking shall be provided on the premises. (e) Conditional uses. (1) Public recreation facility. (2) Nonmunicipal library, museum, art gallery, community center, private club or lodge. (3) Major home occupation. Created: 2022-02-16 15:44:08 [EST] (Supp. No. 13) Page 2 of 3 (4) Vocational or trade school. (5) Office. (6) Bed and breakfast. (f) Density, Area, yard and height regulations. The R-3 district regulations are as follows: Per Unit Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height Single-family dwelling 6,000 50 feet 20 feet 7 feet 25 feet 35 feet Two dwelling units 8,400 65 feet 20 feet 7 feet 25 feet 35 feet Single-family attached 0 feet side yard 2 units 9,600 75 feet 20 feet 0 feet or 7 feet on nonparty wall 25 feet 35 feet 3 units 12,000 90 feet 20 feet 0 feet or 7 feet on nonparty wall 25 feet 35 feet 4 units 14,000 105 feet 20 feet 0 feet or 7 feet on nonparty wall 25 feet 35 feet Apts., condominiums, townhouses* (3 or more units) 1,815** 10,000 75 feet 20 feet 7 feet** 25 feet 45 60 feet ** Other allowable uses 6,000 50 feet 20 feet 7 feet** 25 feet 45 60 feet ** *Parking lots shall be screened from single-family and two-family residential uses according to section 94-401. **A maximum of 24 dwelling units per acre shall be allowed. **94-399.1 Bufferyards applicable. ***The side yard will be required to be increased to ten feet if the building is three or more stories in height. Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no facilities are provided in individual rooms. (g) Accessory uses. Accessory uses and building permitted in the R-3 district are buildings and uses customarily incidental to any of the permitted uses in the district. ;:::::::::::; I I I I r I r --1 I I I I I I I I I I 1--_ Created: 2022-02-16 15:44:08 [EST] (Supp. No. 13) Page 3 of 3 (h) Parking regulations. Parking, loading and stacking within the R-3 district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. (i) Sign regulations. Signs within the R-3 district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. (j) Other regulations. Development within the R-3 district shall be in conformance with the regulations set forth in article II of this chapter. (Ord. No. 21-03, 8-26-2003; Ord. No. 01-08, § I, 2-12-2008; Ord. No. 17-034 , § 2, 1-9-2018) If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to Sec. 94-127(a) and Sec. 94-127 (f) related to standards for density and height in the Residence R-3 apartment district. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00 PM on Tuesday, August 9, 2022, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 29th day of July, 2022. ____________________________ Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to Sec. 94-127(a) and Sec. 94-127 (f) related to standards for density and height in the Residence R-3 apartment district. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:3 0 PM on Tuesday, July 5, 2022, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 24th day of June, 2022. ____________________________ Ryan Miller City Planner Planning Commission Brookings, South Dakota July 5, 2022 OFFICIAL MINUTES Item #11- The City of Brookings submitted amendments to Chapter 94, Zoning, pertaining to Section 94-127(a) and Section 94-127(f) related to standards for density and height in the Residence R-3 apartment district. (Aiken/Mills) Motion to approve the amendments. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #11 – Struck explained that staff has reviewed some of the ordinances that appear to be “road blocks” for some of the developers. Staff would like to eliminate the per unity density requirement due to developers moving towards smaller units and focusing more on efficiency and one bedroo m apartments, allowing for more units within a building footprint. Increasing the maximum height allowed for 9 foot ceilings heights would increase the height of a 4-story building from 45 feet to 60 feet. This also would allow for 2-foot trusses to accommodate HVAC systems. And the third part of the amendment is to clarify conditional requirements regarding bufferyards when buildings of more than 30 feet in height when adjacent to any residential zoned property. Table 1.1 *Applicable only to structures over 30 feet in height. Zoning of Abutting Land Proposed Buildings over 30' in Height Solid Fence/Wall or Continuous Shrubs Zoning of Proposed Development R-1, R-1A, R-1B, R-1C, R-1D, R-2, R-3, R-3A, RMH R-1, R-1A, R-1B, R-1C, R- 1D, R-2, R-3, R-3A, RMH R-1, R-1A, R-1B, R-1C, R-1D, R-2, R-3, R-3A, RMH B-1 Type A or type E Type B or type E N/A B-2 Type B or type F Type C or type F N/A B-2A Type A or type D Type C or type F N/A R-B4 Type A or type D Type C or type F N/A B-3 Type C or type G Type C or type G 6' required B-4 Type C or type F Type C or type F 6' required B-5 Type C or type F Type C or type F N/A I-1, I-1R Type C or type G Type C or type G 6' required I-2 Type C or type G Type C or type G 6' required *R-3, R-3A, R-B4 Type B or type F N/A Table 1.2 Bufferyard Types Minimum Buffer from Parking Lot Minimum Buffer to Structure Plantings per 100 lineal feet or fraction thereof per Bufferyard Type A 10' 20' 3 trees and 10 shrubs Type B 15' 25' 5 trees and 10 shrubs Type C 20' 30' 6 trees and 14 shrubs Type D 25' 25' greenspace Type E 30' 30' greenspace Type F 40' 40' greenspace Type G 50' 50' greenspace 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 22-028,Version:1 Introduction and First Reading on Ordinance 22-028, an Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to Residence R-3A Apartment / Mobile Homes / Manufactured Housing District for the purpose of administration of the Zoning Ordinance. Public Hearing and Action: August 9, 2022. Summary: Proposed amendments to the Residence R-3A Apartments / Mobile Homes / Manufactured Housing District to eliminate the per unity density requirement, increase the maximum height allowed, and clarify additional setbacks. Recommendation: The Development Review Team and Staff recommend approval of the proposed R-3A District amendments. Attachments: Memo Ordinance - Clean Ordinance - Marked Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Bufferyards City of Brookings Printed on 7/21/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Meeting: July 26, 2022 / August 9, 2022 Subject: Residence R-3A Apartment / Mobile Homes / Manufactured Housing District Amendments Person(s) Responsible: Mike Struck, Community Development Director Summary: Proposed amendments to the Residence R-3A Apartment / Mobile Homes / Manufactured Housing District to eliminate the per unity density requirement, increase the maximum height allowed, and clarify additional setbacks. Background: The Residence R-3A Apartment / Mobile Homes / Manufactured Housing District is a High Density Zoning District offering a variety of residential uses, including single-family, two-family, apartments, condominiums, townhouses, fraternities, sororities, mobile homes, manufactured homes, mobile home parks, and support facilities such as schools, parks, churches, and community and public buildings. The R-3A District regulations includes per unit density square foot requirements; minimum lot area; minimum lot width; minimum front yard, side yard and rear yard requirements; and a maximum height allowance. The housing market has changed over time with the market adjusting towards smaller dwelling units in apartment projects as well as incorporating underground parking into projects where feasible. In addition, the Comprehensive Plan promotes contiguous and compact development along with the creation of diverse housing options. The City encourages efficient utilization of available land and resources to build housing capacity for additional housing units and options. One of the areas to assist in achieving capacity is reviewing existing codes to ensure they are still relevant and necessary. Item Details: The proposed ordinance amendments modify the intent of the Residence R-3A Apartment / Mobile Homes / Manufactured Housing District by acknowledging the zoning district as one for the highest density of multi-family residences. Additional amendments are proposed to remove the per unit density requirement and increase the maximum height allowance. The per unit density square foot requirement is only applicable to apartmen ts, condominiums, and townhouses of three or more units in the R -3A District. The per unit density is not applicable to any other uses allowed in the R -3A District. Trends in the multi-family residential construction has been moving towards smaller units, focusing more on efficiency and one bedroom apartments. The smaller square foot dwelling units allow for more units within a building footprint, however, the current per unit density regulations can unduly restrict the number of units even though all ot her regulations are met (i.e. setbacks, landscaping, parking, bufferyards, etc.). The second part of the amendment is increasing the maximum he ight allowance from 45-feet to 60-feet. The 45-foot height allowance was acceptable for a four story apartment if the apartment contained eight-foot finished interior ceiling heights. Market conditions have trended towards interior ceiling heights of nine-feet with two-foot floor trusses to accommodate HVAC systems causing developments to seek variance requests to the height allowance. The third part of the amendment is clarifying conditional requirements by making reference to the Bufferyard standards when an R-3A zoned property is adjacent to any residential zoned property. In particular, the Bufferyards require an increased separation distance when a structure exceeds 30-feet in height, where the current language would require the side yard setback to increase from seven-feet to 10-feet if the proposed structure was three or more stories in height. Legal Consideration: None Strategic Plan Consideration: Sustainability – Review and analysis of the Zoning Regulations is part of the Comprehensive Plan Implementation strategies and the proposed amendments are consistent with recommendations of Comprehensive P lan to eliminate and/or reduce barriers for housing development. Economic Growth – The proposed amendments will help the economic growth of the community by providing the ability to create more capacity for housing units within the community through the elimination of per unit density requirements and increasing the maximum height requirements. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table The Development Review Team and Staff recommend approval of the proposed R-3 District amendments. The Planning Commission voted 7 – 0 recommending approval. Supporting Documentation: Memo Ordinance – Clean Ordinance – Marked Legal Notice – City Council Legal Notice – Planning Commission Planning Commission Minutes 1 Ordinance 22-028 An Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to Residence R-3A Apartment / Mobile Homes / Manufactured Housing District for the purpose of administration of the Zoning Ordinance Be It Ordained by the City Council of the City of Brookings, State of South Dakota: that Chapter 94, Zoning, Section 94-128 Subsection (a) and (f) thereto, shall be amended as follows: I. Section 1. Sec. 94-128. – Residence R-3A apartment/mobile homes/manufactured housing district. (a) Intent. This district is intended to provide for areas of the highest density of multi - family residential. This district provides for single-family, two-family, apartments, condominiums, townhouses, fraternities and sororities and supportive community facilities such as schools, parks, churches and community and public buildings. (f) Area, yard and height regulations. The R-3A District regulations are as follows: Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height Single-family dwelling 6,000 50 feet 20 feet 7 feet 25 feet 35 feet Two dwelling units 8,400 65 feet 20 feet 7 feet 25 feet 35 feet Single-family attached 0 feet side yard 2 units 9,600 75 feet 20 feet 0 feet or 7 feet on nonparty wall 25 feet 35 feet 3 units 12,000 90 feet 20 feet 0 feet or 7 feet on nonparty wall 25 feet 35 feet 4 units 14,000 105 feet 20 feet 0 feet or 7 feet on nonparty wall 25 feet 35 feet Apts., condominiums, townhouses* (3 or more units) 10,000 75 feet 20 feet 7 feet** 25 feet 60 feet ** Other allowable uses 6,000 50 feet 20 feet 7 feet** 25 feet 60 feet ** 2 *Parking lots shall be screened from single-family and two-family residential uses according to section 94-401. **94-399.1 Bufferyards applicable. II. Any and all ordinances in conflict herewith are hereby repealed. First Reading: July 26, 2022 Second Reading: August 9, 2022 Published: CITY OF BROOKINGS, SD ATTEST: Oepke G. Niemeyer, Mayor Bonnie Foster, City Clerk Created: 2022-02-16 15:44:08 [EST] (Supp. No. 13) Page 1 of 3 Sec. 94-128. Residence R-3A apartments/mobile homes/manufactured housing district. (a) Intent. This district is intended to provide for areas of the highest density of multi-family residential. use with a gross density of seven to 24 dwelling units per acre. This district provides for single-family, two-family, apartments, condominiums, townhouses, fraternities, sororities, mobile homes, manufactured homes, mobile home parks plus support facilities such as schools, parks, churches and community and publi c buildings. (b) Scope of regulations. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations of the Residence R -3A apartment/mobile homes/manufactured housing district. (c) Permitted uses. (1) Single-family dwelling including accessory uses incidental thereto, such as private garages, parking areas, etc. (2) Two-family dwelling including accessory uses incidental thereto, such as private garages, parking areas, etc. (3) Single-family zero-feet side yard dwelling. (4) Apartment or condominium. (5) Townhouse. (6) Fraternity and sorority. (7) Family day care. (8) Single mobile home/manufactured home with not less than 720 square feet of gross floor area including accessory uses incidental thereto, such as private garages, parking areas, etc. (d) Permitted special uses. (1) All permitted special uses and conditions as stated in section 94-124(d) (R-1A) and section 94-127(d) (R-3). (2) All permitted special uses and conditions as stated in section 94-125(d) (R-1B). (3) All permitted special uses and conditions as stated in section 94-126(d) (R-2), excluding single-family zero-feet side yard dwellings. (e) Conditional uses. (1) Public recreation facility. (2) Nonmunicipal library, museum, art gallery, community center, private club or lodge. (3) Major home occupation. (4) Vocational or trade school. (5) Office. (6) Mobile home/manufactured housing park. (7) Bed and breakfast establishment. (f) Density, Area, yard and height regulations. The R-3A district regulations are as follows: Created: 2022-02-16 15:44:08 [EST] (Supp. No. 13) Page 2 of 3 Per Unit Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height Single-family dwelling 6,000 50 feet 20 feet 7 feet 25 feet 35 feet Two dwelling units 8,400 65 feet 20 feet 7 feet 25 feet 35 feet Single-family attached 0 feet side yard 2 units 9,600 75 feet 20 feet 0 feet or 7 feet on nonparty wall 25 feet 35 feet 3 units 12,000 90 feet 20 feet 0 feet or 7 feet on nonparty wall 25 feet 35 feet 4 units 14,000 105 feet 20 feet 0 feet or 7 feet on nonparty wall 25 feet 35 feet Apts., condominiums, townhouses* (3 or more units) 1,815** 10,000 75 feet 20 feet 7 feet** 25 feet 45 60 feet ** Other allowable uses 6,000 50 feet 20 feet 7 feet** 25 feet 45 60 feet ** *Parking lots shall be screened from single-family and two-family residential uses according to section 94-401. **A maximum of 24 dwelling units per acre shall be allowed. **94-399.1 Bufferyards applicable. ***The side yard will be required to be increased to ten feet if the building is three or more stories in height. Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms. (g) Accessory uses. Accessory uses and building permitted in the R-3A district are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking regulations. Parking, loading and stacking within the R-3A district shall be in conformance with the regulations set forth in division 4 of article VI of this chapter.. (i) Sign regulations. Signs within the R-3A district shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. (j) Other regulations. Development within the R-3A district shall be in conformance with the regulations set forth in article II of this chapter. Created: 2022-02-16 15:44:08 [EST] (Supp. No. 13) Page 3 of 3 (Ord. No. 21-03, 8-26-2003; Ord. No. 17-034 , § 2, 1-9-2018) If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to Sec. 94-128 (a) and Sec. 94-128 (f) related to standards for density and height in the Residence R-3A apartments/mobile homes/manufactured housing district. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00 PM on Tuesday, August 9, 2022, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 29th day of June, 2022. ____________________________ Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to Sec. 94-128 (a) and Sec. 94-128 (f) related to standards for density and height in the Residence R-3A apartments/mobile homes/manufactured housing district. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:3 0 PM on Tuesday, July 5, 2022, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 24th day of June, 2022. ____________________________ Ryan Miller City Planner Planning Commission Brookings, South Dakota July 5, 2022 OFFICIAL MINUTES Item #12- The City of Brookings submitted amendments to Chapter 94, Zoning, pertaining to Section 94-128(a) and Section 94-128(f) related to standards for density and height in the Residence R-3A apartments/mobile homes/manufactured housing district. (Schmeichel/M ills) Motion to approve the amendments. All present voted aye. MOTION CARRIED. Item #12 – Struck explained that staff has reviewed some of the ordinances that appear to be “road blocks” for some of the developers. Staff would like to eliminate the per unity density requirement due to developers moving towards smaller units and focusing more on efficiency and one bedroom apartments, allowing for more units within a building footprint. Increasing the maximum height allowed for 9 foot ceilings heights would increase the height of a 4-story building from 45 feet to 60 feet. This also would allow for 2-foot trusses to accommodate HVAC systems. And the third part of the amendment is to clarify conditional requirements regarding bufferyards when buildings of more than 30 feet in height when adjacent to any residential zoned property. Table 1.1 *Applicable only to structures over 30 feet in height. Zoning of Abutting Land Proposed Buildings over 30' in Height Solid Fence/Wall or Continuous Shrubs Zoning of Proposed Development R-1, R-1A, R-1B, R-1C, R-1D, R-2, R-3, R-3A, RMH R-1, R-1A, R-1B, R-1C, R- 1D, R-2, R-3, R-3A, RMH R-1, R-1A, R-1B, R-1C, R-1D, R-2, R-3, R-3A, RMH B-1 Type A or type E Type B or type E N/A B-2 Type B or type F Type C or type F N/A B-2A Type A or type D Type C or type F N/A R-B4 Type A or type D Type C or type F N/A B-3 Type C or type G Type C or type G 6' required B-4 Type C or type F Type C or type F 6' required B-5 Type C or type F Type C or type F N/A I-1, I-1R Type C or type G Type C or type G 6' required I-2 Type C or type G Type C or type G 6' required *R-3, R-3A, R-B4 Type B or type F N/A Table 1.2 Bufferyard Types Minimum Buffer from Parking Lot Minimum Buffer to Structure Plantings per 100 lineal feet or fraction thereof per Bufferyard Type A 10' 20' 3 trees and 10 shrubs Type B 15' 25' 5 trees and 10 shrubs Type C 20' 30' 6 trees and 14 shrubs Type D 25' 25' greenspace Type E 30' 30' greenspace Type F 40' 40' greenspace Type G 50' 50' greenspace 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 22-0292,Version:1 Public Hearing and Action on an Initial Development Plan for Lot 2 in Block 13 of Morningside Addition. Summary: Seth Skogen has submitted an Initial Development Plan within a Planned Development District on Lot 2 in Block 13 of Morningside Addition. Recommendation: DRT and Staff recommend approval with the following conditions: 1)An exception to the 15 foot bufferyard parking setback to the north (Previously approved by the Planning Commission). The Planning Commission voted 7-0 recommending approval of the Initial Development Plan. Attachments: Memo Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Location Map Initial Development Plan - New Initial Development Plan - February, 2022 City of Brookings Printed on 7/21/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: July 26, 2022 Subject: Initial Development Plan: Lot 2, Block 13, Morningside Addition Person(s) Responsible: Mike Struck, Community Development Director Summary: Seth Skogen has submitted an Initial Development Plan (IDP) within a Planned Development District (PDD) on Lot 2 in Block 13 of Morningside Addition. Background: The applicant has been considering options for a development at this location over the past year or more. A petition to rezone the property from R-1B to B-2 was defeated in 2021, while a subsequent request to rezone the property to a Planned Development District with B-2 underlying was approved. In March 2022, the City Council approved the rezoning to PDD but denied the Initial Development Plan component of the proposal. A new Initial Development Plan has been submitted for review. Item Details: The new site plan includes a number of changes. The site plan outlines the proposed commercial de velopment which includes a four-suite, approximately 4,000 square foot commercial building with a drive -through lane in the front between the building and 22nd Avenue and a parking lot in the rear. An access drive from 22 nd Avenue is proposed along the northern portion of the lot. The previous site plan included a three-suite building with parking in the front and drive thru in the rear. Required bufferyards to the west, north and southwest would require a minimum 15- foot buffer to parking lot areas and 25-foot buffer to structures with five trees and 10 shrubs per 100 lineal feet located within the bufferyard. A minimum 10-foot landscape area along 22nd Avenue, five -foot landscape areas along the side lot lines (north and south) and three-foot foundatio n plantings would also be required facing the right -of- way. An exception was recommended by the Planning Commission on February 1, 2022 and again on July 5, 2022 . The new site plan meets all bufferyard and landscape standards, with the exception of the 15-foot bufferyard to the north. Developments within a PDD are exempt from the Commercial Corridor Design Review Overlay District; however, staff recommends that the IDP align as closely to the overlay district standards as possible. The new site plan flips the building and parking lot locations with the building now located near 22nd Avenue. At its closest, the building has a 23-foot front setback and an average of roughly 25-feet. With its location in the overlay district, the building can encroach the front yard setback by up to 10-feet. The location of the drive thru lane prevents the building from locating closer to the frontage. The new site plan shows no parking spaces located beyond the closest point of the building, with the exception of the drive thru lane , which is considered stacking. Additional review of conformance with commercial corridor standards will be performed at the final development plan review, which will include elevation drawings and building plans. Legal Consideration: None. Strategic Plan Consideration: Economic Growth – the proposed project would add additional commercial space. Financial Consideration: None Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table DRT and Staff recommend approval with the following conditions: 1) An exception to the 15-foot buffeyard parking setback to the north (Previously approved by the Planning Commission). The Planning Commission voted 7 – 0 recommending approval of the Initial Development Plan. Supporting Documentation: Legal Notice – City Council Legal Notice – Planning Commission Planning Commission Minutes Location Map Initial Development Plan – New Initial Development Plan – February 2022 If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. NOTICE OF HEARING UPON AN INITIAL DEVELOPMENT PLAN TO A PLANNED DEVELOPMENT DISTRICT NOTICE IS HEREBY GIVEN That Seth Skogen has submitted an Initial Development Plan within a Planned Development District on the following described real estate: Lot 2 of Block 13 in Morningside Addition NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00 PM on Tuesday, July 26, 2022 in the Chamber Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard in this matter. Dated this 15th day of July, 2022. Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. NOTICE OF HEARING UPON AN INITIAL DEVELOPMENT PLAN TO A PLANNED DEVELOPMENT DISTRICT NOTICE IS HEREBY GIVEN That Seth Skogen has submitted an Initial Development Plan within a Planned Development District on the following described real estate: Lot 2 of Block 13 in Morningside Addition NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, July 5, 2022 in the Chamber Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 24th day of June, 2022. Ryan Miller City Planner Planning Commission Brookings, South Dakota July 5, 2022 OFFICIAL MINUTES Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday, June 7, 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, James Drew, Jacob Mills, Lee Ann Pierce, Nick Schmeichel, Roger Solum, and Fargen. Absent were Justin Borns and Gregg Jorgenson. Also present were Community Development Director Mike Struck, Brian Ardry, Eric Rasmussen, Seth Skogen via-telephone, Matthew Weiss-design Arc Group, and Kyle Rausch-Dakota Land Design. Item #9 – Seth Skogen has submitted an Initial Development Plan within a Planned Development District on Lot 2 of Block 13 in Morningside Addition. (Pierce/Solum) Motion to approve the Initial Development Plan with an exception to the fifteen-foot bufferyard parking setback to the north. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #9 – This development area was recently rezoned to a Planned Development District with a B-2 underlying district. The Planning Commission approved the rezone, the City Council approved the rezone but the City Council denied the Initial Development Plan that was submitted. The developer provided a new site plan for this development. The access point remains in the same place at the north end of the property. The building has been moved closer to the street (22nd Avenue) and the drive-thru is still being planned. The bufferyards to the residential area will be achieved and the landscaping along 22nd Avenue will be achieved. The planned parking is acceptable and sufficient for this design. Weiss explained that safety was the biggest concern they dealt with when designing this building, along with the small size of the lot. Loca tion Ma p 77 ft 164.26'2.00°SE171.35' 88.00°SW 164.26'2.00°NW141.85' 88.00°SW 29.50' 88.00°SW 0.65 acres BLK 13, LOT 2 MORNI N G SI D E ADDITI O N U.E. 7' - 0"U.E.10' - 0"U.E.7' - 0"ADJ. L O T: A B U N D A N T LI F E C H U R C H R-1B Zoning District LOT 1 R-1B Zoning District BLK 4, L O T 12 B-2A Zoning District BLK 3, L O T 2 R-1B Zoning District BLK 3, L O T 1 R-1B Zoning DistrictSETBACK5' - 0"FRONT SETBACK (PDD) 10' - 0"SETBACK5' - 0"REAR SETBACK 20' - 0"LEVEL B B U F F E R Y D.15' (5 trees + 10 shrubs)LEVEL B B U F F E R Y D.15' (5 trees + 10 shrubs)LEVEL B B U F F E R Y D.15' (5 trees + 10 shrubs) 6'H Privacy Fence 6'H Privacy Fence U.E. 10' - 0" 16x10 Billboard 15' - 6"53' - 10"5' - 0"7' - 0"19' - 0"26' - 0"19' - 0" 1410 BUFFER YD.15' - 0"617 SF COFFEE 114 1086 SF SUITE 1 115 1000 SF SUITE 2 116 1269 SF SUITE 3 117 15' - 6" 6SS 4" 6 2 2 5 3 3 47' - 6"26' - 0"10' - 6"3' - 9 1/8"93' - 6"13' - 0"CONCRETE LANDSCAPING ROCK PATIO HATCHED AREA INDICATES SITE RETENTION AREA 8 OUTDOOR SEATING 222 2 MENU BOARD 1 1 A4.11 A4.1 4 A4.1 2 A4.13 LAN-A LAN-C LAN-B LAN-B LAN-A LAN-A LAN-C LAN-B LAN-B LAN-C LAN-C LAN-B LAN-C LAN-B LAN-C LAN-B LAN-C LAN-B LAN-A LAN-ATyp.9' - 0"ASPHALT 920' - 2"36' - 6" 7 LAN-C LAN-B LAN-A LAN-A LAN-A LAN-A LAN-C LAN-A LAN-C LAN-BLAN-B LAN-C LAN-C LAN-B LAN-C LAN-B LAN-C LAN-B 10 11 1111 11 11 11 11 11 LTG-1 LTG-1 LTG-2 LTG-2 LTG-2 LTG-2 LTG-2 LTG-2 LTG-2 LTG-2 2 HOUSE MECH 107 LOT 2 OF BLOCK 13 OF MORNINGSIDE ADDN. ZONING: PDD WITH UNDERLYING B-2 DISTRICT VARIANCES REQUESTED: 7'-0" SIDE YARD SETBACK FROM NORTH PROPERTY NO REQUIRED BUFFER YARD FROM NORTH PROPERTY PROPOSED USES: DRIVE-THRU FOOD SERVICE COFFEE HOUSE RETAIL PERSONAL SERVICE STORE PERSONAL HEALTH SERVICE FINANCIAL INSTITUTION OFFICE BUILDING GROCERY SUPERMARKET FUNERAL HOME OR MORTUARY COMMUNITY CENTER INITIAL DEVELOPMENT PLAN DUE DILIGENCE REPORT: LOCAL ORDINANCE CHECK: VERIFY LOCAL ADOPTED CODES: BUILDING CODE:2018 INTERNATIONAL BUILDING CODE ACCESSIBILITY:2010 ADA and ANSI A117.1 (2009) PLUMBING CODE:2015 UNIFORM PLUMBING CODE MECHANICAL CODE:2018 INTERNATIONAL MECHANICAL CODE ELECTRICAL CODE:2017 NATIONAL ELECTRIC CODE ENERGY CODE:NO ADOPTION OF IECC FIRE CODE:2018 INTERNATIONAL FIRE CODE REVIEW APPLICABLE IBC AMENDMENTS, BROOKINGS, SD N/A REVIEW APPLICABLE ZONING REQUIREMENTS, BROOKINGS, SD (SECTION 94) • • • • 94.132(C); PERMITTED USES: B-2 DISTRICT RETAIL OFFICE DRINKING ESTABLISHMENT 94.132(F); BULK REGULATIONS: B-2 DISTRICT FRONT YARD:25 FEET SIDE YARD:5 FEET REAR YARD:20 FEET MAX. HEIGHT:45 FEET 94-165. COMMERCIAL CORRIDOR DESIGN OVERLAY DISTRICT 94-165.2.(B) PARKING LOT DESIGN AND STANDARDS ; NO PARKING STALL MAY BE CLOSER TO THE STREET THAAN THE BUILDING SETBACK LINE OR THE PRIMARY BUILDING LOCATED ON THE PARCEL, WHICHEVER IS FURTHER FROM STREET. 94-165.2.(B) BICYCLE PARKING; BICYCLE PARKING USING BIKE RACKS SPECIFICALLY DESIGNED FOR BIKE PARKING SHALL BE PROVIDED, MIN OF ONE SPACE PER TEN AUTOMOBILE PARKING. 94-165.4.(A)(2) WALLS AND FENCES SHALL PROVIDE VARIETY AND ARTICULATION AT 25' INTERVALS MAX. 94-165.7.(D). MIN 20% OF TOTAL STREET-FACING FACADE SHALL BE WINDOWS/DOORS. 94-165.9. - EXTERIOR MATERIALS; VINYL,PLYWOOD,CLIPBOARD, T1-11, ASPHALT SIDING, NON-ARCHITECTURAL METAL SIDIN AND SMOOTH-FACED CONCRETE BLOCK ARE PROHIBITED. 94.399(C); LANDSCAPE STANDARDS: 1 TREE FOR THE FIRST 4,000 SQ.FT. OF SURFACE AREA. 1 TREE FOR EACH ADDITIONAL 3,000 SQ.FT. OF SURFACE AREA. INTERIOR PARKING LOT LANDSCAPING NOT REQ. (LESS THAN 20,00 SQ.FT. OF PARKING SURFACING) A MIN. 5' PF PLANTING STRIP ALONG FOUNDATIONS FACING A PUBLIC RIGHT-OF- WAY. 94.399.1(D); BUFFERYARDS B-2 ABUTTING R-1B - TYPE B - 15' MIN BUFFER FROM PARKING LOT, 25' MIN BUFFER TO STRUCTURE 5 TREES AND 10 SHRUBS 94.400; SURFACE PARKING SPACES IN BUSINESS AND INDUSTRIAL DISTRICTS SHALL BE PERMITTED UP TO ALL PROPERTY LINES. 94.433(C)(11): RETAIL; ONE SPACE FOR EACH 200 SQ.FT OF GROSS FLOOR AREA 94.434(1) STACKING 120' FOR THE FIRST SERVICE WINDOW/ DEVICE 94.470. SIGNAGE RELULATION PERMITED SIGNS BY ZONING DISTRICT BILLBOARD BUILDING ALLOWABLE MAX. TOTAL SIGN AREA (B-2A) 200 TOTAL MAX. SF/ 2 SF. PER LINEAR SF OF FRONTAGE CALCULATION: BUILDING LINEAR FEET OF STREET FRONTAGE - 93.5 FT ALLOWABLE MAX FRONTAGE - 93.5 X 2 = 187SF PROVIDED; 11 SIGNAGES ON SITE; EACH 17 SF.DATE PRINTED:SHEET NAME:PROJECT NO. PROJECT MANAGER: DATE: SHEET: P.O. BOX 2553 STAMP: Sioux Falls, SD 57101 | P: 605.692.4008 REVISIONS:PRELIMINARY PLANS NOT FOR CONSTRUCTION FULL-SCALE: 24x36HALF-SCALE: 12x18DRAWING MAY NOT BE PRINTED TO SCALE434 5th Street, Suite 1 Brookings, SD 57006 | P: 605.692.4008 Architecture | Planning | Interiors 6/28/2022 11:05:31 AMARCHITECTURAL SITEPLANAC1.1 BROOKINGS, SD DA22_032 MATTHEW WEISS 06/28/2022 MACKENZIE BUILDING INITIAL DEVELOPMENT PLAN - NOT FOR CONSTRUCTION GENERAL NOTES - ARCH. SITE PLAN A. B. C. D. IMPORTANT: ARCHITECTURAL SITE PLAN SHOWN FOR REFERENCE AND DESIGN INTENT ONLY, AND NOT TO BE USED FOR CONSTRUCTION. REFER TO CIVIL FOR ALL DIMENSIONING, SLOPING & GRADING, SPOT ELEVATIONS & ADDITIONAL REQUIREMENTS. CONTRACTOR TO VERIFY ALL EXISTING SITE CONDITIONS PRIOR TO SITE PREP. REPORT ANY DISCREPANCIES TO ARCHITECT AND CIVIL ENGINEER IMMEDIATELY. CONTRACTOR TO VERIFY ANY CRITICAL DIMENSIONS WITH REGARDS TO EXISTING CONSTRUCTION, IF ANY. SEE SHEET A4.1. FOR LIGHTING AND LANDSCAPE SPECS.NORTHNO.DESCRIPTION:DATE: 3/32" = 1'-0"1ARCHITECTURAL SITE PLAN PARKING COUNT REQUIRED STALLS : RETAIL (4,372/200)24 STALLS PROVIDED:22 ACCESSIBLE STALLS (9'-0"x19'-0"):2 BUILDING AREA TOTAL AREA = 4,372 SQ. FT. OVERALL BLDG LENGTH =93' 6" (ROOFLINE NOT INCLUDED) OVERALL BLDG WIDTH =53' 10" OVERALL BLDG HEIGHT =16' 4" (TO TOP OF ROOF PEAK) NUMBER OF STORIES =1 BUILDING SUMMARY KEYNOTES - ARCH. SITE PLAN 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. DESIGNATED ADA PARKING STALL LOCATION, SEE CIVIL FOR STRIPING AND SIGNAGE REQUIREMENTS. BOLLARD, SEE TYPICAL DETAIL THIS SHEET. SITE POLE LIGHTING (SEE SHEET A4.1. FOR LIGHTING SPECS.). ACCESSIBLE CURB CUT, SEE CIVIL FOR REQUIREMENTS. DUMPSTER ENCLOSURE W/ MIN. 6'H SCREENING FENCE (DUMPSTER(S) BY OWNER). DESIGNATED TRANSFORMER LOCATION (SEE ELEC.). BIKE PARKING. SITE SIGNAGE BY OTHERS, SHOWN ON PLAN FOR GENERAL PLACEMENT ONLY. METER BANK LOCATION. GREASE INTERCEPTOR LOCATION. EXTERIOR WALL LIGHTING. (SEE SHEET A4.1. FOR LIGHTING SPECS.) FINISH FLOOR 1 100' - 0" T.O. PARAPET A 112' - 0" T.O. PARAPET B 116' - 4"15' - 0" 10' - 0" 3' - 0" 16' - 4"15' - 0" 9' - 0" 19' - 10" 2' - 8" 11' - 0" 9' - 2" STREET FACING FACADE AREA - 1604 SF ; 20% (321 SF OF GLAZING REQUIRED) 162 SF OPENING 162 SF OPENING 14 SF OPENING 76 SF OPENING 23 SF OPENING 195 SF OPENING EIFS-1 TR-2 EIFS-1 SD-1 EIFS-1 BRK-2 SD-1 SD-1 EIFS-1 BRK-2 WD-1 5 5 5 2 4 333 3 1 6 WD-2 TR-2 7 77 SD-1 EIFS-1 EIFS-1 WD-2 EQEQ2' - 0"12' - 4"12' - 4"14' - 4"EQEQ 11' - 6"FINISH FLOOR 1 100' - 0" T.O. PARAPET A 112' - 0" T.O. PARAPET B 116' - 4" 19' - 10" 2' - 8" 15' - 0" SD-1 BRK-2 TR-2 EIFS-1 BRK-2 TR-2 EIFS-1 SD-1 EIFS-1 TR-1 4 1 6 4 SD-1 TR-1 715' - 2"1' - 6"9' - 2"1' - 6" 5 5 FINISH FLOOR 1 100' - 0" T.O. PARAPET A 112' - 0" T.O. PARAPET B 116' - 4" 19' - 10" 9' - 9" 3' - 0" 12' - 0" 13' - 11" 15' - 0" 9' - 5" 19' - 10" EIFS-1 BRK-2 SD-1 EIFS-1 BRK-2 EIFS-1 WD-1 BRK-1 SD-1 EIFS-1 BRK-2 BRK-2 EIFS-1 SD-1 TR-1 10' - 0" 3' - 0" 5 4 3 34 2 11 EIFS-1 BRK-2 EIFS-1 WD-2 EIFS-1 4 2 WD-2 7711' - 6"3' - 8" 6 11' - 4"EQEQ 9' - 6"EQ EQ 11' - 4"FINISH FLOOR 1 100' - 0" T.O. PARAPET A 112' - 0" T.O. PARAPET B 116' - 4" 7' - 10 1/2" 15' - 1" 10' - 0" 3' - 0" 10' - 0" 19' - 10" 16' - 4" 4 2 3 3 1 EIFS-1 EIFS-1 BRK-1 EIFS-1 WD-1 WD-2 WD-211' - 4"TR-1 SD-1 DATE PRINTED:SHEET NAME:PROJECT NO. PROJECT MANAGER: DATE: SHEET: P.O. BOX 2553 STAMP: Sioux Falls, SD 57101 | P: 605.692.4008 REVISIONS:PRELIMINARY PLANS NOT FOR CONSTRUCTION FULL-SCALE: 24x36HALF-SCALE: 12x18DRAWING MAY NOT BE PRINTED TO SCALE434 5th Street, Suite 1 Brookings, SD 57006 | P: 605.692.4008 Architecture | Planning | Interiors 6/28/2022 11:05:14 AMBUILDING ELEVATIONSA4.1 BROOKINGS, SD DA22_032 MATTHEW WEISS 06/28/2022 MACKENZIE BUILDING INITIAL DEVELOPMENT PLAN - NOT FOR CONSTRUCTION NO.DESCRIPTION:DATE:GENERAL NOTES - BUILDING ELEVATIONS A. B. C. EXTERIOR LIGHTING INDICATED FOR PLACEMENT ONLY. SEE ELEC. FOR LIGHTING SPECIFICATIONS. SEE SPECIFICATIONS FOR FULL REQUIREMENTS FOR EXTERIOR BUILDING MATERIALS. MATERIALS INDICATED GENERICALLY ON PLANS FOR CLARITY. INSTALL ALL EXTERIOR BUILDING PRODUCTS PER MANUFACTURER'S RECOMMENDATIONS. REPORT ANY DISCREPANCIES TO ARCHITECT IMMEDIATELY. KEYNOTES - BUILDING ELEVATIONS 1. 2. 3. 4. 5. 6. 7. PREFINISHED METAL PARAPET CAP FLASHING. 8" TRIM BOARD. EIFS 3/4" V-GROOVE CONTROL JOINT. CAST-STONE BELT COURSE / SILL CAP, SEE TYPICAL DETAILS. 17SQ.FT. (EA.) BUILDING SIGNAGE, SHOWN ON DRAWINGS FOR LOCATION REFERENCE ONLY, DESIGN BY OTHERS. SEE AC1.1. FOR SIGNAGE REQ. AND CALCULATIONS. STEEL STRUCTURE CANOPY. EXTERIOR WALL LIGHTING. 3/16" = 1'-0"1EAST ELEVATION 3/16" = 1'-0"2NORTH ELEVATION 3/16" = 1'-0"3WEST ELEVATION 3/16" = 1'-0"4SOUTH ELEVATION PLANTING SCHEDULE TAG COUNT DESCRIPTION LAN-A LAN-B LAN-C 7 8 14 PINK DOGWOOD. (TREES) BOXWOOD (SHRUBS) JUNIPER (SHRUBS) EXTERIOR MATERIALS LEGEND MATERIAL ABBREVIATION MATERIAL DESCRIPTION BRK-1 BRICK VENEER EIFS-1 EIFS FINIS SD-1 WOOD SIDING TR-1 WOOD TRIM WD-1 WOOD PANELS WD-2 WOOD TRIM LIGHTING SCHEDULE TAG COUNT DESCRIPTION LTG-1 LTG-2 2 8 LED POLE LIGHT; COOPER PRV-XL- PA3A-740-U-T3-BX OR EQUAL LED EXTERIOR CYLINDER FLOOD LIGHT; LANTERRA 9002 OR EQUAL DATE PRINTED:SHEET NAME:PROJECT NO. PROJECT MANAGER: DATE: SHEET: P.O. BOX 2553 STAMP: Sioux Falls, SD 57101 | P: 605.692.4008 REVISIONS:PRELIMINARY PLANS NOT FOR CONSTRUCTION FULL-SCALE: 24x36HALF-SCALE: 12x18DRAWING MAY NOT BE PRINTED TO SCALE434 5th Street, Suite 1 Brookings, SD 57006 | P: 605.692.4008 Architecture | Planning | Interiors 6/28/2022 11:05:27 AM3D PRESPECTIVESA4.2 BROOKINGS, SD DA22_032 MATTHEW WEISS 06/28/2022 MACKENZIE BUILDING INITIAL DEVELOPMENT PLAN - NOT FOR CONSTRUCTION NO.DESCRIPTION:DATE:13D View 4 23D View 5 33D View 6 12" = 1'-0"4 NEARBY BUILDINGS - A 12" = 1'-0"5 NEARBY BUILDINGS - B 12" = 1'-0"6 NEARBY BUILDINGS - C 12" = 1'-0"7 NEARBY BUILDINGS - D N 3'8'23'24'-11 5/16"15'24' 12' 9' 9'19'27'-7 3/16"19'3'5' 17'-8" 10' UTILITY EASEMENT 10' UTILITY EASEMENT7' UTILITY EASEMENT7' UTILITY EASEMENT 800 SQ-FT UNIT2400 SQ-FT UNIT 1340 SQ-FT UNIT MENU 6' TALL PRIVACY FENCE THIS PROPERTY LINE DUMPSTER www.hamlinbc.comLOT 2 OF BLOCK 13 OF MORNINGSIDE ADDITION THE MACKENZIE BUILDING INITIAL DEVELOPMENT PLAN ZONING: PDD WITH UNDERLYING B-2 DISTRICT SETBACKS: 10' ALONG 22ND' AVE HEIGHT: 18' PROPOSED USES: DRIVE-IN FOOD SERVICE RETAIL OR SERVICE STORE PERSONAL SERVICE STORE PERSONAL HEALTH SERVICE FINANCIAL INSTITUTION OFFICE BUILDING GROCERY SUPERMARKET FUNERAL HOME OR MORTUARY COMMUNITY CENTER PROPOSED SITE LAYOUTSHEET #: SCALE: DATE:PAGE TITLE:2/11/2022 1/8"=1'-0" 1/1 DRAWN BY: CWBUILDING PLANS FOR:THE MACKENZIE BUILDINGBROOKINGS, SD, 57006 LN | 605-785-3381EXTERIOR ELEVATIONS ARE AN ARTISTIC INTERPRETATION OF OVERALL DESIGN. THEY ARE NOT MEANT TO BE AN EXACT RENDITION OF THE PROJECT. SOME ITEMS MAY NOT BE STANDARD AND/OR REPRESENT THE FINISHED PROJECT. EXACT SITE GRADING MAY DIFFER © HAMLIN BUILDING CENTER ALL RIGHTS RESERVED, DUPLICATION AND DISTRIBUTION OF THIS PLAN WITHOUT WRITTEN PERMISSION IS PROHIBITED HAMLIN BUILDING CENTER 45002 SD HWY 28 LAKE NORDEN , SD 57248BKG | 605-692-3381HAMLIN BUILDING CENTER, INC. HAS NOARCHITECTURAL OR ENGINEERINGDEGREE OR LICENSE. HAMLIN BUILDINGCENTER, INC. HAS PROVIDED A DRAFTINGSERVICE TO THE OWNER AND/ORCONTRACTOR PER THEIR SPECIFICATIONS.ALL DIMENSIONS AND ENGINEERING ARETHE RESPONSIBILITY OF THE OWNER AND/OR CONTRACTOR.SETH SKOGEN 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 22-0293,Version:1 Public Hearing and Action on a Commercial Corridor Design Review - Block 1 of Northern Plains Addition. Summary: Dakota Land Design, LLC, has submitted an application for approval of a Commercial Corridor Design Review Overlay District Site Plan on Block 1 of Northern Plains Addition. Recommendation: The Development Review Team and Staff recommend approval. The Planning Commission voted 7 - 0 recommending approval. Attachments: Memo Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Location Map Site Plan Landscape Plan Elevations Floor Plan Commercial Corridor Design Review Application City of Brookings Printed on 7/21/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: July 26, 2022 Subject: Commercial Corridor Design Review: Block 1, Northern Plains Addition Person(s) Responsible: Mike Struck, Community Development Director Summary: Dakota Land Design, LLC, has submitted an application for approval of a Commercial Corridor Design Review Overlay District Site Plan on Block 1 of Northern Plains Addition. Background: Northern Plains Addition is a recently preliminary platted subdivision located along Main Avenue South. The Planning Commission approved the Preliminary Plat in April 2022. The applicant has prepared a development proposal for a new office building on th e southern portion of the subdivision, known as Block 1. The proposal is for a 14,000 square foot professional dentistry / orthodontist office building. Because of the location fronting Main Avenue South, the development is subject to the Commercial Corr idor Design Review Overlay District Site Plan Review. Item Details: Dakota Land Design, LLC, has prepared plans for the Northern Plains Addition Development. The plans call for a one-story, 14,000 square foot building. The one- story building will utilize the allowance to exceed the front yard setback when located in the Overlay District. The building setback will be 17 feet instead of the otherwise required 25 feet. Bufferyard setbacks will be required to the south and east due to borders with residential districts. For a B-2A Zoning Development, the bufferyard setbacks are 10 feet to a parking lot and 20 feet to a structure. The setbacks for each are met according to the proposed site plan. The building design meets the requirements of the Overlay District. The primary entrance will be on the north façade of the building and will have a direct pedestrian connection to the sidewalk along Main Avenue South. The north façade includes a heavy mix of finish materials along with variations in building height, including a prominent entryway. The Main Avenue facing façade will also include a heavy mix of finish materials as well as height variations. A minimum of 20 percent of the Main Avenue façade will be covered with window openings. The south and east façades feature less accents and window openings; however, these facades are not facing the Main Avenue right-of-way. The remaining requirements of the Commercial Corridor Design Review Overlay District, as well as standard zoning requirements, are met with the proposed site plan. An updated landscape plan will be required prior to issuing building permits. Legal Consideration: None. Strategic Plan Consideration: Economic Growth – the proposed project would add additional space for offices and services. Financial Consideration: None Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table DRT and Staff recommend approval. The Planning Commission voted 7 – 0 recommending approval. Supporting Documentation: Legal Notice – City Council Legal Notice – Planning Commission Planning Commission Location Map Site Plan Landscape Plan Elevations Floor Plans Commercial Corridor Design Review Application If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON AN APPLICATION FOR APPROVAL OF COMMERCIAL CORRIDOR DESIGN REVIEW OVERLAY DISTRICT NOTICE IS HEREBY GIVEN that Dakota Land Design, LLC has submitted an application for approval of a Commercial Corridor Design Review Overlay District site plan on the following described real estate: Block 1 of Northern Plains Addition as described in the Preliminary Plat of Blocks 1 – 3 in Northern Plains Addition. NOTICE IS FURTHER GIVEN that said application will be acted on by the City Council at 6:00 PM on Tuesday, July 26, 2022, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, SD. Any person interested may appear and be heard in this matter. Dated this 15th day of July, 2022. ____________________________ Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON AN APPLICATION FOR APPROVAL OF COMMERCIAL CORRIDOR DESIGN REVIEW OVERLAY DISTRICT NOTICE IS HEREBY GIVEN that Dakota Land Design, LLC has submitted an application for approval of a Commercial Corridor Design Review Overlay District site plan on the following described real estate: Block 1 of Northern Plains Addition as described in the Preliminary Plat of Blocks 1 – 3 in Northern Plains Addition. NOTICE IS FURTHER GIVEN that said application will be acted on by the Planning Commission at 5:30 PM on Tuesday, July 5, 2022, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, SD. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 24th day of June, 2022. ____________________________ Ryan Miller City Planner Planning Commission Brookings, South Dakota July 5, 2022 OFFICIAL MINUTES Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday, June 7, 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, James Drew, Jacob Mills, Lee Ann Pierce, Nick Schmeichel, Roger Solum, and Fargen. Absent were Justin Borns and Gregg Jorgenson. Also present were Community Development Director Mike Struck, Brian Ardry, Eric Rasmussen, Seth Skogen via-telephone, Matthew Weiss-design Arc Group, and Kyle Rausch-Dakota Land Design. Item #10- Dakota Land Design LLC submitted an application for approval of a Commercial Corridor Design Review Overlay District site plan on Block 1 of Northern Plains Addition. (Solum/Mills) Motion to approve the site plan review as presented. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #10 – This project is located on Main Avenue South. The developer is proposing a 1 story structure that will be used for specialty medical/dental services. Initially the developer planned for parking which included some spots in the front yard, but staff is recommending removal of these spots to move the parking and then the parking lot will be behind the front plain of the building. The southeast portion of this development does abut residential but the developer has moved the parking lot and building further away from that district that required by ordinance. Loca tion Ma p 154 ft RENDERING VIEWS NORTH NORTHEAST SOUTH WEST Please email completed form to rmiller@cityofbrookings-sd.gov COMMERCIAL CORRIDOR DESIGN REVIEW OVERLAY APPLICATION & CHECKLIST Owner: __________________________________________________ Applicant: __________________________________________________ Phone Number: __________________________________________________ Email: __________________________________________________ Address & Legal Description: __________________________________________________ Zoning District & Use: __________________________________________________ Structure Square Footage: __________________________________________________ Structure Height: __________________________________________________ Site Plan Criteria (show on site plan) Name of the project, owner, developer information: Scale, north arrow, property lines/dimensions, legal description, address if known: Location of existing and proposed structures: Setbacks & dimensions to property lines at the closest point: Required greenspace areas/buffers: Show and label easements: Access/driveway locations and dimensions, drive aisle dimensions, sidewalks, drive thru stacking areas: Location of trash containers and enclosures: Parking ratio, parking spaces, and dimensions: Square footage of surfaced area not including building (used for required tree plantings): Square footage of parking area: Location of any docks or garage doors: Locations, identification, and sizes of existing and proposed trees, shrubs and other vegetation: Foundation planting along building facing right-of-way: Location, width, and height of all earth berms, retaining walls/fencing, and signage: Soil mix and depth for if parking lot islands are required: Planting schedule: Location of bicycle parking: Location of outdoor seating areas: Location of mechanical equipment: Location of fences and/or walls: Location of exterior lighting: Architectural/Engineered Plan Criteria Wall elevations: Exterior materials: Building mechanicals: Street-facing façade window/door glazing (20%): Garages and accessory structures: *Signage requires separate permit Applicant Signature Date _________________________ ___________ 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 22-026,Version:2 Public Hearing and Action on Ordinance 22-026, an Ordinance Amending Section 16(F) of Ordinance 21-028, and Pertaining to Prohibited Locations for Licensing as Medical Cannabis Establishments in the City of Brookings. Summary: Ordinance amendment permitting licensed medical cannabis dispensaries to be located within a mixed business/residential structure. Attachments: Memo Legal Notice Ordinance Ordinance - Marked City of Brookings Printed on 7/21/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Steve Britzman, City Attorney Council Meeting: July 12, 2022 / July 26, 2022 Subject: Ordinance 22-026: Proposed Amendment of Section 16(f) of Medical Cannabis Dispensary Ordinance 21-028 Presenter: Mike Struck, Community Development Director Steve Britzman, City Attorney Summary: On August 24, 2021, the City of Brookings adopted Ordinance 21 -028, entitled “An Ordinance Establishing Procedures for the Licensing of Medical Cannabis Dispensaries in the City of Brookings, SD.” Ordinance 21-028 contains comprehensive city regulations as a supplement to South Dakota Codified Law Chapter 34-20G pertaining to medical cannabis dispensaries licensed in the City of Brookings. Section 16(f) of Ordinance 21-028 provides that licensed medical cannabis dispensaries shall not be located within any building containing a dwelling unit, a pediatrician’s office, hotel, motel or lodging facility. The current ordinance, Ordinance 21-028, therefore precludes the location of a medical cannabis dispensary within any mixed business/residential structure, such as the 6th Street Centre, Lofts at Parkhill, and a majority of the downtown buildings which have apartments located above, as well as the Lofts on Main. The proposed ordinance continues to prohibit medical cannabis dispensaries within a dwelling unit, but permits licensed medical cannabis dispensaries to be located within a mixed business/residential structure. Background: The City of Brookings received an application for a medical cannabis dispensary to be located within a mixed business/residential structure. The City Attorney reviewed our Medical Cannabis Dispensary Ordinance, Ordinance 21-028, and determined that the application was not eligible for licensing in the proposed location as the building contains dwelling units on the second floor. Accordingly, the application was not accepted for processing. This circumstance prompted a review of State law and the City’s ordinance and it was determined that State law would not preclude a revision of the City’s ordinance to permit the location of medical cannabis dispensaries within mixed commercial/residential buildings. It is important to note medical cannabis cannot be utilized within the licensed premises. A revision of the ordinance, as proposed, would allow this applicant to re-submit an application for licensing within a mixed commercial/residential building. A “Dwelling Unit” would remain ineligible as a location for a medical cannabis dispensary. Item Details: The current ordinance reads as follows: “Section 16 f.: The licensed premises shall not be located within any building containing a dwelling unit, a pediatrician’s office, hotel, motel or lodging facility.” As a result, if the building contains both dwelling units and commercial space, as the 6th Street Centre and Lofts on Main do, for example, the current ordinance would preclude leasing to a medical cannabis dispensary because of the dwelling units located on upper floors. The proposed change would allow the owners of mixed use structures to lease space to a medical cannabis dispensary, provided the licensed dispensary is located within the commercial space of the structure and not within a dwelling unit. Legal Consideration: The City Attorney has reviewed the State medical cannabis law, SDCL 34-20G, and the State Medical Cannabis Administrative Rules. The State medical cannabis laws and regulations do not prohibit locating a medical cannabis dispensary within a mixed business/residential structure. This is largely because State law allows the local licensing authority to determine the time, place, and manner of operation of medical cannabis establishments, including medical cannabis dispensaries. Strategic Plan Consideration: Sustainability – The proposed ordinance change will allow greater flexibility in the location of medical cannabis dispensaries, while continuing to prohibit medical cannabis dispensaries within dwelling units. Financial Considerations: A revision of the ordinance will allow the private sector to lease commercial space within a building which includes both commercial space and dwelling units, as exemplified above, to a medical cannabis dispensary. 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 ordinance as presented. Supporting Documentation: Memo Ordinance – clean Ordinance – marked Legal Notice Ordinance 22-026 An Ordinance Amending Section 16(F) of Ordinance 21-028, and Pertaining to Prohibited Locations for Licensing as Medical Cannabis Establishments in the City of Brookings Be It Ordained and Enacted by the City Council of the City of Broo kings, State of South Dakota, as follows: I. That Section 16, Subsection (f) of Ordinance 21-028 of the City of Brookings is hereby amended to read as follows: f. The licensed premises shall not be located within a dwelling unit or any building containing a pediatrician’s office, hotel or motel or lodging facility. A licensed premises may be located within a mixed business/residential structure, provided the licensed premises is not located within a dwelling unit. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: July 12, 2022 Second Reading: July 26, 2022 Published: CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Created: 2022-02-16 15:43:51 [EST] (Supp. No. 13) Page 1 of 1 Sec. 26-476. Requirements of medical cannabis licensees. A medical cannabis dispensary licensee is subject to the following requirements: a. A licensee shall be prohibited from employing any employee under 21 years of age; b. In accordance with SDCL 34-20G-67, a medical cannabis dispensary shall not share office space with or refer a patient to a practitioner; c. In accordance with SDCL 34-20G-68, a medical cannabis dispensary shall not permit any person to consume cannabis upon the property of the licensed premises; d. A licensed premises may only be located within a zoning district which permits a medical cannabis dispensary as a permitted use; e. The licensed premises shall be located no less than 1,000 feet from a public or private school existing before the date of the medical cannabis dispensary application and no less than 300 feet from the nearest property line of any religious institution, detention facility, or any other facility identified in this ordinance or in state law that requires a distance separation from a licensed medical cannabis dispensary. No cannabis dispensary shall operate within 300 feet of another cannabis dispensary. Distances shall be measured from the closest point of the property lines including public rights-of-way; f. The licensed premises shall not be located within a dwelling unit or any building containing a dwelling unit, a pediatrician's office, hotel, motel or lodging facility; . A licensed premises may be located within a mixed business/residential structure, provided the licensed premise is not located within a dwelling unit. ( Ord. No. 21-028 , § I, 8-24-2021) NOTICE OF PUBLIC HEARING Ordinance 22-026 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, July 25, 2022, in the Brookings City & County Government Center Chambers, 520 Third Street, to consider adoption of a revision to the City Code of Ordinances, entitled Ordinance 22-026, an Ordinance amending Section 16(F) of Ordinance 21-028, and pertaining to Prohibited Locations for Licensing as Medical Cannabis Establishments in the City of Brookings. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 15th day of July, 2022. CITY OF BROOKINGS Bonnie Foster, City Clerk Published one time 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 #:ID 22-0291,Version:1 Public Hearing and Action on a request to transfer an On-Off Sale Malt License for Old Sanctuary, to Rabbit Rentals, LLC, Daniel Bielfeldt, owner, from Old Sanctuary Associates, Dennis Bielfeldt, owner, 928 4th Street. Legal description: Lot 1, and East 23 feet of Lot 2, Block 5, Skinners Second Addition. Summary: The City of Brookings has received an application to transfer the On-Off Sale Malt License for Old Sanctuary from Old Sanctuary Associates, Dennis Bielfeldt, owner, to Rabbit Rentals, LLC, Daniel Bielfeldt, owner. Legal description: Lot 1, and East 23 feet of Lot 2, Block 5, Skinners Second Addition. All required documents have been submitted for this application. Recommendation: Staff recommends approval. Attachments: Memo Legal Notice City Code and SDCL References Location Map City of Brookings Printed on 7/21/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: July 26, 2022 Subject: On-Off Sale Malt License Transfer Person(s) Responsible: Bonnie Foster, City Clerk Summary: The City of Brookings has received an application to transfer the On-Off Sale Malt License for the Old Sanctuary from Old Sanctuary Associates, Dennis Bielfeldt, owner, to Rabbit Rentals, LLC, Daniel Bielfeldt, owner. Legal description: Lot 1, and East 23’ of Lot 2, Block 5, Skinners Second Addition. All required documents have been submitted for this application. Background: A public hearing and action by the local governing body is required to approve all alcohol licenses. The On-Off Sale Malt License would be effective 2022, and would be subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and transfer of the license. This location does not have Video Lottery. If Video Lottery is requested, a public hearing and action by the City Council is required. Item Details: Rabbit Rentals, LLC, Daniel Bielfeldt, owner, has purchased Old Sanctuary from Old Sanctuary Associates, Dennis Bielfeldt, owner, effective August 1, 2022. Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in accordance with SDCL Chapter 35 -2 (SDCL 35-2-1 et seq.) and in accordance with the following factors: 1) Type of business which applicant proposes to operate; 2) The manner in which the business is operated; 3) The extent to which minors are employed in such a place of business; 4) Adequacy of the police facilities to properly police the proposed location; 5) Other factors: The hours that business is conducted. (Code 1996, § 5-20) State Law reference - Local license approval, SDCL 35-2-1.2. SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or disapproval. Any applicant ….. the transfer of an existing license shall submit an application to the governing body of the municipality in which the applicant intends to operate, ….. The applicant shall submit the required fee with the application. The governing body may approve ….. the transfer of an existing license if the governing body considers the applicant suitable to hold the license and the proposed location is suitable. The governing body may disapprove an application for ….. the transfer of an existing license issued under subdivision 35-4-2(4), (6), or (13) if: 1) The approval of the application permits a person, corporation, or business entity to possess more than one-third of the licenses available to be issued in the jurisdiction; and 2) The governing body determines that possession of more than one -third of licenses available is not in the public interest. Complete City Code and SDCL References are in the attached document. Legal Consideration: City Attorney Steve Britzman has reviewed this alcohol license transfer. Strategic Plan Consideration: Economic Growth – opportunity for a local business transfer to continue operations as have previously offered the community. Financial Consideration: The On-Off Sale Malt License would be effective 2022. There is a $75 license transfer fee. The License would then be subject to annual renewal with a $150 fee. 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: Legal Notice City Code and SDCL References Location Map NOTICE OF PUBLIC HEARING On-Off Sale Malt License and On-Off Sale Wine License Transfer Old Sanctuary NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on July 26, 2022, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application to transfer the On-Off Sale Malt License and the On-Off Sale Wine License from, Old Sanctuary Associates, dba Old Sanctuary, Dennis Bielfeldt, owner, to Rabbit Rentals, LLC, dba Old Sanctuary, Daniel Bielfeldt, owner. Address: 928 4th Street, Brookings, SD. Legal description: Lot 1, and East 23’ of Lot 2, Block 5, Skinners Second Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 15th day of July, 2022. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . Brookings City Code and SD Codified Law References: Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in accordance with SDCL Chapter 35-2 (SDCL 35-2-1 et seq.) and in accordance with the following factors: 1) Type of business which applicant proposes to operate: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. 2) The manner in which the business is operated: on-sale alcoholic beverage operating agreements and alcoholic beverage licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. 3) The extent to which minors are employed in such a place of business: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. 4) Adequacy of the police facilities to properly police the proposed location: The city council shall inquire of the city manager whether the police department can adequately police the proposed location. 5) Other factors: The hours that business is conducted shall be considered by the city council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses. (Code 1996, § 5-20) State Law reference - Local license approval, SDCL 35-2-1.2. SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or disapproval. Any applicant for a new retail license, except as set forth in § 35-2-1.1, or the transfer of an existing license shall submit an application to the governing body of the municipality in which the applicant intends to operate, or if outside the corporate limits of a municipality, to the governing body of the county in which the applicant intends to operate. The applicant shall submit the required fee with the application. The governing body may approve the application for a new retail license or the transfer of an existing license if the governing body considers the applicant suitable to hold the license and the proposed location is suitable. The governing body may disapprove an application for a new retail license or the transfer of an existing license issued under subdivision 35-4-2(4), (6), or (13) if: 1) The approval of the application permits a person, corporation, or business entity to possess more than one-third of the licenses available to be issued in the jurisdiction; and 2) The governing body determines that possession of more than one-third of licenses available is not in the public interest. Any application for the reissuance of a retail license may be approved by the municipal or county governing body without a hearing unless in the past year the licensee or one or more of the licensee's employees have been subjected to a criminal penalty for violation of the alcoholic beverage control law or the license has been suspended. Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp 1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§ 35-4-32, 35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1; SL 2017, ch 164, § 1; SL 2018, ch 213, § 12. SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees: “Any license under this title…must be a person of good moral character, never convicted of a felony, and, if a corporation, the managing officers thereof must have like qualifications.” Procedurally, SDCL 35-2-3 provides that “no license for the on or off-sale at retail of alcoholic beverages…shall be granted to an applicant for any such license, except after public hearing, upon notice.” SDCL 35-2-5 provides the procedure for the time and place of hearing and for publication of notice. If an application for a license is refused, “no further application may be received from a person until after the expiration of one year from the date of a refused application.” SDCL 42-7A-64 provides criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. “…An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section…” B rook ings County, SD Developed by Par cel ID 405700050000700 Sec/T wp/Rng -- Pr oper ty Address Alter nate ID n/a Class R Acr eage n/a O w ner Addr ess RABBIT RENTAL S LLC 928 7TH AVE BRO OKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption SKINNERS SEC O ND L 7-8, BL 5 100X165 - P AVED LOT (Note: Not to be used on leg a l documents) Date created: 7/20/2022 Last Data Uploa ded: 7/20/2022 8:10:38 AM 228 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 22-055,Version:1 Public Hearing and Action on Resolution 22-055, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On-Off Sale Wine License with Rabbit Rentals, LLC, dba Old Sanctuary, Daniel Bielfeldt, owner. Summary: The City of Brookings has received an application for an On-Off Sale Wine License for Rabbit Rentals, LLC, dba Old Sanctuary, Daniel Bielfeldt, owner. An operating agreement is required for Wine Licenses. This Resolution allows the City Manager to enter into the first five years of the 10- year agreement, effective through 2027. Location: 928 4th Street. Legal Description:Lot 1, and East 23 feet of Lot 2, Block 5, Skinners Second Addition. Background: A public hearing and action by the local governing body is required for all alcohol licenses. This license would be effective through December 31, 2022 and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Recommendation: Staff recommends approval. Attachments: Memo Resolution Operating Agreement Legal Notice Location Map City of Brookings Printed on 7/21/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: July 26, 2022 Subject: On-Off Sale Wine Operating Agreement: Rabbit Rentals, LLC, Old Sanctuary, Daniel Bielfeldt, owner Person(s) Presenting: Bonnie Foster, City Clerk Summary: The City of Brookings has received an application for an On -Off Sale Wine License for Rabbit Rentals, LLC, Old Sanctuary, Daniel Bielfeldt, owner. Legal description: Lot 1, and East 23’ of Lot 2, Block 5, Skinners Second Addition. An operating agreement is required for Wine Licenses. This Resolution allows the City Manager to enter into the first five years of the 10-year agreement, effective through 2027. This location does not have Video Lottery. If Video Lottery is requested, a public hearing and action by the City Council is required. Background: A public hearing and action by the local governing body is required for all alcohol licenses. This license would be effective through December 31, 2022 and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Item Details: Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in accordance with SDCL 35-2 and in accordance with the following factors: 1) Type of business which applicant proposes to operate: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. 2) The manner in which the business is operated: on-sale alcoholic beverage operating agreements and alcoholic beverage licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. 3) The extent to which minors are employed in such a place of business: on -sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. 4) Adequacy of the police facilities to properly police the proposed location: The city council shall inquire of the city manager whether the police department can adequately police the proposed location. 5) Other factors: The hours that business is conducted shall be considered by the city council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses. Legal Consideration: City Attorney Steve Britzman has been consulted on this alcohol license transfer. Strategic Plan Consideration: Economic Growth – opportunity for a local business transfer to continue operations as have previously offered the community. Financial Consideration: This license would be effective through December 31, 2022 and then subject to an annual renewal. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move to a Study Session 5. Discuss / take no action / table Staff recommends approval. Supporting Documentation: Resolution Operating Agreement Legal Notice Location Map Resolution 22-055 On-Off Sale Wine Operating Agreement - New Rabbit Rentals, LLC, dba Old Sanctuary Now, Therefore, Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Manageme nt Agreement for Wine between the City of Brookings and Rabbit Rentals, LLC, dba Old Sanctuary, Daniel Bielfeldt, owner, for the purpose of a manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 928 4th Street Legal description: Lot 1, and East 23 feet of Lot 2, Block 5, Skinners Second Addition. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of ten (10) years, with a renewal at the five (5) year mid-term. Passed and approved this 26th day of July, 2022. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk WINE OPERATING AGREEMENT Rabbit Rentals, LLC, dba Old Sanctuary THIS AGREEMENT made and entered into by and between the CITY OF BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and Rabbit Rentals, LLC, dba Old Sanctuary, Daniel Bielfeldt, owner, hereinafter referred to as “Manager.” The City and Manager are referred to as the “parties” herein. WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on-sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: I. This Agreement is made and entered into on a limited basis between the parties hereto to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement in accordance with all State laws and City Ordinances now in effect and as may be enacte d in the future. II. The Manager shall be individually responsible for all operating expenses of said on -sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. III. The on-sale establishment shall be located upon real property in the City of Brookings, South Dakota, described as: Lot 1, and East 23 feet of Lot 2, Block 5, Skinners Second Addition, City of Brookings, Brookings County, South Dakota IV. The Manager shall dispense only alcoholic beverages supplied by the Municipal Off- Sale establishment. V. This Agreement shall be in full force and effect for a period of five (5) years, with the Manager having the option and privilege of a five (5) year extension, subject to the approval of the governing body of the City of Brookings. VI. Either the Manager or the City may terminate this Agreement without cause upon ninety (90) days written notice served by either party upon the other. The City reserves the right to immediately suspend or revoke this Agreement without ninety (90) days written notice for alcohol related violations in accordance with the provisions of Resolution No. 25-88 or any amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal Off-Sale Establishment to be sold on the premises of Manager. VII. The Manager shall receive as full compensation for its services rendered, the net profit from the on-sale establishment under its management, and the sole profit to be derived by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the Manager for the purposes of resale on the premises as above described. VIII. The Manager shall pay to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; th e Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price a nd transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supercede the markup percentages provided herein. The Manager further agrees that if either of the markup percentages shall be increased at any time by the City, the Manager shall pay the markup as so increased. IX. A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoice shall bear the signature of the authorized representative of the on -sale Manager or its authorized representative. One copy thereof shall be retained by the Municipal off -sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. X. In consideration of the covenants herein contained, the Manager agrees to pay the CITY OF BROOKINGS, Five Hundred, and no/100 Dollars ($500.00), constituting the Annual License Fee on or by the 1st day of November of each year thereafter as long as this agreement shall remain in force and effect. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided therein. The Manager further agrees that if the annual fee shall be increased at any time by the legislature, the Manager shall pay the amount of any such increase. XI. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. XII. The Manager shall have the right to return, at any time, alcoholic beverages received from the City which are eligible to be returned and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the cost of such alcoholic beverages. XIII. The Manager agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. XIV. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and the Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including taxes. XV. The Manager agrees to observe all Federal and State laws and ordinances of the City of Brookings. XVI. The City covenants and agrees to furnish the on -sale license to Manager pursuant to the terms and conditions of this Operating Agreement and the terms and conditions of the on-sale license. XVII. The City has the right to make inspections and investigations of the premises during the hours of operation, and make audits and examinations of the records of the Manager relating to the on-sale establishment. XVIII. It is further specifically understood and agreed that the waiver of the rights of the City under this Agreement shall not constitute a continuous waiver, and any violation or breach of the terms of this Agreement by the Manager shall constitute a separate and distinct offense and grounds for immediate termination and revocation of this Agreement. XIX. This agreement shall not be assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is effective this 26th day of July, 2022. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST: Paul Briseno, City Manager Bonnie Foster, City Clerk MANAGER By: By: NOTICE OF PUBLIC HEARING On-Off Sale Malt License and On-Off Sale Wine License Transfer Old Sanctuary NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on July 26, 2022, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application to transfer the On-Off Sale Malt License and the On-Off Sale Wine License from, Old Sanctuary Associates, dba Old Sanctuary, Dennis Bielfeldt, owner, to Rabbit Rentals, LLC, dba Old Sanctuary, Daniel Bielfeldt, owner. Address: 928 4th Street, Brookings, SD. Legal description: Lot 1, and East 23’ of Lot 2, Block 5, Skinners Second Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 15th day of July, 2022. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . B rook ings County, SD Developed by Par cel ID 405700050000700 Sec/T wp/Rng -- Pr oper ty Address Alter nate ID n/a Class R Acr eage n/a O w ner Addr ess RABBIT RENTAL S LLC 928 7TH AVE BRO OKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption SKINNERS SEC O ND L 7-8, BL 5 100X165 - P AVED LOT (Note: Not to be used on leg a l documents) Date created: 7/20/2022 Last Data Uploa ded: 7/20/2022 8:10:38 AM 228 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0298,Version:1 Action on an Agreement between Rabbit Rentals, LLC, dba Old Sanctuary, Daniel Bielfeldt, owner, and the City of Brookings pertaining to the sale of alcoholic beverages. Summary: This Agreement is a guiding document for the use of an On-Off Sale Malt Beverage License and an On-Off Sale Wine License for Old Sanctuary, located at 928 4th Street. Recommendation: Staff recommends approval. Attachments: Memo Agreement - marked Agreement - clean Location Map City of Brookings Printed on 7/21/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: July 26, 2022 Subject: Agreement: Alcohol Sales Presenter: Bonnie Foster, City Clerk Summary: This Agreement is a guiding document for the use of an On -Off Sale Malt Beverage License and an On-Off Sale Wine License for Old Sanctuary, located at 928 4th Street. Background: This agreement is separate from the alcohol licenses and operating agreement, and identifies specified additional requirements of the alcoholic license holder. The City of Brookings and Old Sanctuary Associates, LLC, dba Old Sanctuary, Dennis Bielfeldt, owner, entered into an Agreement in October 2003 for the use of an On -Off Sale Malt Beverage License and an On-Sale Wine License for the location at 928 4th Street, known as Old Sanctuary. This agreement was entered into following neighborhood concerns regarding noise levels, alcohol consumption, and loitering. Mr. Bielfeldt has worked hard to establish a good rapport with this neighborhood. The original Agreement was Amended in June 2006. The 2003 Agreement and 2006 Amendment are attached as supporting documents. This agreement has come under review and amendment due to the ownership change for Old Sanctuary from Old Sanctuary Associates, Dennis Bielfeldt, owner, to Rabbit Rentals, LLC, Daniel Bielfeldt, owner. The Police Department has no reported calls or concerns from the neighborhood regarding the Old Sanctuary in the last 3 years. A periodic review of impact upon the residential neighborhood will be completed. Item Details: Approval of this Agreement will provide owner Daniel Bielfeldt a guiding document of for management of the On-Off Sale Malt Beverage License and the On-Off Sale Wine License at the Old Sanctuary. Legal Consideration: City Attorney Steve Britzman has reviewed the Agreement. Strategic Plan Consideration: Economic Growth – provides guidance for the operation of an event business which holds an alcohol license and is located in a residential neighborhood. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval. Supporting Documentation: Agreement – marked Agreement – clean City Council Minutes excerpts from 2003 and 2006 Location Map AGREEMENT For Use Of On-Off Sale Malt Beverage License And On-Sale Wine License Rabbit Rentals LLC, dba. Old Sanctuary, L.L.C. This Agreement for Use of On-Off Sale Malt Beverage License and On-Sale Wine License (the “Agreement”) is entered into by and between the CITY OF BROOKINGS, SOUTH DAKOTA, a municipal corporation (the “City”) and Rabbit Rentals, LLC, dba. Old Sanctuary Associates, L.L.C. (hereinafter referred to as “Old Sanctuary”). RECITALS A. Rabbit Rentals LLC owns and operates the “Old Sanctuary”, located at 928 Fourth Street, Brookings, South Dakota 57006, and has applied for an On-Off Sale Malt Beverage License and an On-Sale Wine License for the Old Sanctuary. B. The City of Brookings has considered the application of Old Sanctuary for an On- Off Sale Malt Beverage License and On-Sale Wine License, and has considered the public concerns expressed at a public hearing on the license applications of Old Sanctuary. C. The City Council desires to avoid any adverse impact upon the residential neighborhood surrounding the Old Sanctuary as a result of the operation of an On-Off Sale Malt Beverage License and On-Sale Wine License. Due to the excellent management of Old Sanctuary, the residential neighborhood has not been adversely impacted during the many years the Old Sanctuary has been operating. Accordingly, a periodic review of impact upon the residential neighborhood at the time of renewal is now adequate. D. The City and Old Sanctuary agree that on-sale malt beverages and on-sale wine may be sold and served only during special events and according to the conditions set forth in this Agreement. 2 E. The City and Old Sanctuary understand and agree that use of the On-Sale Malt Beverage License and On-Sale Wine License for the Old Sanctuary shall be reviewed at the time the Operating Agreement held by Old Sanctuary Associates, L.L.C. is subject to renewal in order to determine that the neighborhood is not adversely affected by the use of these On-Sale Licenses, and that notwithstanding this Agreement, the City may review this Agreement as necessary or terminate the use of the licenses, in a manner consistent with law, if necessary to avoid adverse impacts upon the surrounding neighborhood. NOW THEREFORE, in consideration of the foregoing and the mutual covenants and agreements contained herein, the City and Old Sanctuary agree to the foregoing Recitals and as follows: 1. The following conditions shall govern the use of the On-Off Sale Malt Beverage License and the On-Sale Wine License at the Old Sanctuary: a. The sale of off-sale malt beverages at the Old Sanctuary is prohibited. The parties to this Agreement understand and agree that the Old Sanctuary location is not suitable for off-sale. b. The On-Sale Malt Beverage License and On-Sale Wine License shall be used only for special events. A special event is a scheduled event in which the use of the Old Sanctuary is provided to an individual or group for a specific event during a specific time period. c. Times when sales and events are permitted: (i) The sale of malt beverages and wine shall cease at 10:00 o’clock p.m. Sunday through Thursday. Events during which malt beverages and wine are sold and consumed shall conclude by 11:00 o’clock p.m. Sunday through Thursday. (ii) The sale of malt beverages and wine shall cease at 11:00 o’clock p.m. on Friday and Saturday. Events during which malt beverages and wine are sold and consumed shall conclude by 12:00 o’clock a.m. for events held on Friday and Saturday. However, the Old Sanctuary may clean up, take-down and set- up upon the premises after the time the event ends. 3 d. Any outdoor mess will be cleaned up immediately following the special event. e. Malt beverage and wine sales and consumption shall be restricted to the interior of the Old Sanctuary. f. Failure to abide by this Agreement shall be cause for revocation of the On-Off Sale Malt Beverage License and Wine License. g. The Old Sanctuary shall have adequate staffing whenever malt beverages and wine are sold and consumed. h. There shall not be signage of any kind on the exterior of the Old Sanctuary that would indicate that malt beverages and wine are available for sale on the premises. i. This Agreement shall exclude the Old Sanctuary from applying for a video lottery license. j. This Agreement shall be reviewed when the Operating Agreement is scheduled for renewal. 2. This Agreement is not transferable and may be modified only by the mutual written agreement of the parties hereto, except the City may terminate this Agreement in its sole discretion if it terminates the On-Off Sale Malt Beverage and Wine Licenses referred to herein. 3. Each party agrees to reasonably collaborate, cooperate and mutually support the other party concerning the operation of this Agreement. 4. The City and Old Sanctuary each represent and warrant to the other that it has full power and authority to enter into this Agreement and to undertake the actions contemplated by this Agreement. 5. This Agreement shall be binding upon and inure to the benefit of the parties hereto. 4 6. This Agreement shall become effective (the "Effective Date") upon the date it is executed by the last party. IN WITNESS WHEREOF, this Agreement has been entered into by the parties hereto. Dated this ___ day of July, 2022. CITY OF BROOKINGS By: ________________________________ Paul Briseno, City Manager ATTEST: ________________________________ Bonnie Foster, City Clerk Dated this ___ day of July, 2022. RABBIT RENTALS LLC, dba. OLD SANCTUARY ASSOCIATES, L.L.C. ____________________________________ Daniel Bielfeldt, Member 5 Exhibit “A” Scheduled Events The previous scheduled events are set forth as follows: AGREEMENT For Use Of On-Off Sale Malt Beverage License And On-Sale Wine License Rabbit Rentals LLC, dba. Old Sanctuary, L.L.C. This Agreement for Use of On-Off Sale Malt Beverage License and On-Sale Wine License (the “Agreement”) is entered into by and between the CITY OF BROOKINGS, SOUTH DAKOTA, a municipal corporation (the “City”) and Rabbit Rentals, LLC, dba. Old Sanctuary Associates, L.L.C. (hereinafter referred to as “Old Sanctuary”). RECITALS A. Rabbit Rentals LLC Old Sanctuary Associates, L.L.C. owns and operates the “Old Sanctuary”, located at 928 Fourth Street, Brookings, South Dakota 57006, and has applied for an On-Off Sale Malt Beverage License and an On-Sale Wine License for the Old Sanctuary. B. The City of Brookings has considered the application of Old Sanctuary for an On- Off Sale Malt Beverage License and On-Sale Wine License, and has considered the public concerns expressed at a public hearing on the license applications of Old Sanctuary. C. The City Council desires to avoid any adverse impact upon is concerned that the residential neighborhood surrounding the Old Sanctuary as a result of the operation of may be adversely affected if an On-Off Sale Malt Beverage License and On-Sale Wine License are operated without restriction. Due to the excellent management of Old Sanctuary, the residential neighborhood has not been adversely impacted during the many years the Old Sanctuary has been operating. Accordingly, a periodic review of impact upon the residential neighborhood at the time of renewal is now adequate. D. The City and Old Sanctuary agree that on-sale malt beverages and on-sale wine may be sold and served only during special events and according to the conditions set forth in this Agreement. 2 E. The City and Old Sanctuary understand and agree that use of the On-Sale Malt Beverage License and On-Sale Wine License for the Old Sanctuary shall be reviewed at the time the Operating Agreement held by Old Sanctuary Associates, L.L.C. is subject to renewal in order to determine that the neighborhood is not adversely affected by the use of these On-Sale Licenses, and that notwithstanding this Agreement, the City may review this Agreement as necessary or terminate the use of the licenses, in a manner consistent with law, if necessary to avoid adverse impacts upon the surrounding neighborhood. NOW THEREFORE, in consideration of the foregoing and the mutual covenants and agreements contained herein, the City and Old Sanctuary agree to the foregoing Recitals and as follows: 1. The following conditions shall govern the use of the On-Off Sale Malt Beverage License and the On-Sale Wine License at the Old Sanctuary: a. The sale of off-sale malt beverages at the Old Sanctuary is prohibited. The parties to this Agreement understand and agree that the Old Sanctuary location is not suitable for off-sale. b. The On-Sale Malt Beverage License and On-Sale Wine License shall be used only for special events. A special event is a scheduled event in which the use of the Old Sanctuary is provided to an individual or group for a specific event during a specific time period. c. Prior to City Council action on October 28, 2003, the Old Sanctuary had special events which were previously booked. A list showing the dates of these events is attached hereto and marked Exhibit “A”. For the special events set forth upon Exhibit “A”, the sale of malt beverages and wine shall cease at 12:00 o’clock a.m. and events during which malt beverages and wine are sold and consumed shall conclude by 1:00 o’clock a.m. However, Old Sanctuary may clean up, take-down and set-up upon the premises after the time the event ends. In the event of a cancellation of any of the events listed in Exhibit “A” which involve the sale of malt beverages and/or wine, the Old Sanctuary agrees to notify the City Clerk prior to the event and agrees that with respect to any special event which is scheduled in place of a cancelled special event where malt beverages and/or wine were to have been sold, the 3 hours of sale and event conclusion of the replacement event shall be as set forth in Section 1 d. below. c. Except for the special events set forth on Exhibit “A”, which shall conclude as provided in Schedule 1 c. above Times when sales and events are permitted: (i) The sale of malt beverages and wine shall cease at 10:00 o’clock p.m. Monday Sunday through Thursday. and Events during which malt beverages and wine are sold and consumed shall conclude by 11:00 o’clock p.m. Monday Sunday through Thursday. and (ii) The sale of malt beverages and wine shall cease at 11:00 o’clock p.m. on Friday and Saturday. and Events during which malt beverages and wine are sold and consumed shall conclude by 12:00 o’clock a.m. for events held on Friday and Saturday. However, the Old Sanctuary may clean up, take-down and set- up upon the premises after the time the event ends. d. Any outdoor mess will be cleaned up immediately following the special event. e. Malt beverage and wine sales and consumption shall be restricted to the interior of the Old Sanctuary. f. Failure to abide by this Agreement shall be cause for revocation of the On-Off Sale Malt Beverage License and Wine License. g. The Old Sanctuary shall have adequate staffing whenever malt beverages and wine are sold and consumed. h. There shall not be signage of any kind on the exterior of the Old Sanctuary that would indicate that malt beverages and wine are available for sale on the premises. i. This Agreement shall exclude the Old Sanctuary from applying for a video lottery license. j. The sale of malt beverages and wine on Sunday is prohibited. k. This Agreement shall be reviewed when the Operating Agreement is scheduled for renewal. 2. This Agreement is not transferable and may be modified only by the mutual written agreement of the parties hereto, except the City may terminate this Agreement in 4 its sole discretion if it terminates the On-Off Sale Malt Beverage and Wine Licenses referred to herein. 3. Each party agrees to reasonably collaborate, cooperate and mutually support the other party concerning the operation of this Agreement. 4. The City and Old Sanctuary each represent and warrant to the other that it has full power and authority to enter into this Agreement and to undertake the actions contemplated by this Agreement. 5. This Agreement shall be binding upon and inure to the benefit of the parties hereto. 6. This Agreement shall become effective (the "Effective Date") upon the date it is executed by the last party. IN WITNESS WHEREOF, this Agreement has been entered into by the parties hereto. Dated this ___ day of July, 2022. CITY OF BROOKINGS By: ________________________________ Paul Briseno, City Manager ATTEST: ________________________________ Bonnie Foster, City Clerk Dated this ___ day of July, 2022. RABBIT RENTALS LLC, dba. OLD SANCTUARY ASSOCIATES, L.L.C. ____________________________________ Daniel Bielfeldt, Member 5 Exhibit “A” Scheduled Events The previous scheduled events are set forth as follows: Research Topic: Old Sanctuary City Council Meeting excerpts. *************************************************************************************************** Brookings City Council Tuesday, October 28, 2003 The Brookings City Council held an action meeting on Tuesday, October 28, 2003 at 5:30 p.m. at City Hall with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek, Tom Bozied (left at 8:29 p.m.), Tim Reed, Julie Whaley, Doris Roden, and Mike McClemans. City Manager Mike Williams, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Agreement – Old Sanctuary. A motion was made by Munsterman, seconded by Whaley, to approve the Agreement for Use of an On-Off Sale Malt Beverage License and On-Sale Wine License with the stipulations as outlined by the Bielfeldt’s, that the sale of alcohol for the current 20 event contracts would conclude at 12:00 midnight and the events would conclude by 1:00 a.m.; all new contracts and events would quit serving alcohol by 11:00 p.m. on Friday and Saturday and the events would conclude by 12:00 midnight, and those held Monday through Thursday would quit serving at 10:00 p.m. and the events conclude at 11:00 p.m. A mot ion was made by Bozied, seconded by McClemans, to amend the weekend hours to 10:00 p.m. and 11:00 p.m. All present voted no, except Bozied, motion to amend failed. On the original motion, all present voted yes; except Bozied; motion carried. AGREEMENT For Use of On-Off Sale Malt Beverage License and On-Sale Wine License Old Sanctuary, L.L.C. This Agreement for Use of On-Off Sale Malt Beverage License and On-Sale Wine License (the "Agreement") is entered into by and between the CITY OF BROOKINGS, SOUTH DAKOTA, a municipal corporation (the "City") and Old Sanctuary Associates, L.L.C. (hereinafter referred to as "Old Sanctuary"). RECITALS A. Old Sanctuary Associates, L.L.C. owns and operates the "Old Sanctuary", located at 928 Fourth Street, Brookings, South Dakota 57006, and has applied for an On -Off Sale Malt Beverage License and an On-Sale Wine License for the Old Sanctuary. B. The City of Brookings has considered the application of Old Sanctuary for an On -Off Sale Malt Beverage License and On-Sale Wine License, and has considered the public concerns expressed at a public hearing on the license applications of Old Sanctuary. C. The City Council is concerned that the residential neighborhood surrounding the Old Sanctuary may be adversely affected if an On -Off Sale Malt Beverage License and On-Sale Wine License are operated without restriction. D. The City and Old Sanctuary agree that on-sale malt beverages and on-sale wine may be sold and served only during special events and according to the conditions set forth in this Agreement. E. (The original document does not contain an E subset). F. The City and Old Sanctuary understand and agree that use of the O n-Sale Malt Beverage License and On-Sale Wine License for the Old Sanctuary shall be reviewed annually in order to determine that the neighborhood is not adversely affected by the use of these On-Sale Licenses, and that notwithstanding this Agreement, the City may review this Agreement as necessary or terminate the use of the licenses, in a manner consistent with law, if necessary to avoid adverse impacts upon the surrounding neighborhood. NOW THEREFORE, in consideration of the foregoing and the mutual covenants and agreements contained herein, the City and Old Sanctuary agree to the foregoing Recitals and as follows: 1. The following conditions shall govern the use of the On -Off Sale Malt Beverage License and the On-Sale Wine License at the Old Sanctuary: a. The sale of off-sale malt beverages at the Old Sanctuary is prohibited. The parties to this Agreement understand and agree that the Old Sanctuary location is not suitable for off-sale. b. The On-Sale Malt Beverage License and On-Sale Wine License shall be used only for special events. A special event is a scheduled event in which the use of the Old Sanctuary is provided to an individual or group for a specific event during a specific time period. c. Prior to City Council action on October 28, 2003, the Old Sanctuary had special events which were previously booked. A list showing the dates of these events is attached hereto and marked Exhibit "A". For the special events set forth upon Exhibit "A", the sale of malt beverages and wine shall cease at 12:00 o'clock a.m. and events during which malt beverages and wine are sold and consumed shall conclude by 1 :00 o'clock a.m. However, Old Sanctuary may clean up, take-down and set-up upon the premises after the time the event ends. In the event of a cancellation of any of the events listed in Exhibit "A" which involve the sale of malt beverages and/or wine, the Old Sanctuary agrees to notify the City Clerk prior to the event and agrees that with respect to any special event which is scheduled in place of a cancelled special event where malt beverages and/or wine were to have been sold, the hours of sale and event conclusion of the replacement event shall be as set forth in Section 1 d. below. d. Except for the special events set forth on Exhibit "A", which shall conclude as provided in Schedule 1 c. above, the sale of malt beverages and wine shall cease at 10:00 o'clock p.m. Monday through Thursday and events during which malt beverages and wine are sold and consumed shall conclude by 11 :00 o'clock p.m. Monday through Thursday, and the sale of malt beverages and wine shall cease at 11 :00 o'clock p.m. on Friday and Saturday and events during which malt beverages and wine are sold and consumed shall conclude by 12:00 o'clock a.m. for events held on Friday and Saturday. However, the Old Sanctuary may clean up, take- down and set-up upon the premises after the time the event ends. e. Any outdoor mess will be cleaned up immediately following the special event. f. Malt beverage and wine sales and consumption shall be restricted to the interior of the Old Sanctuary. g. Failure to abide by this Agreement shall be cause for revocation of the On-Off Sale Malt Beverage License and Wine License. h. The Old Sanctuary shall have adequate staffing whenever malt beverages and wine are sold and consumed. i. There shall not be signage of any kind on the exterior of the Old Sanctuary that would indicate that malt beverages and wine are available for sale on the premises. j. This Agreement shall exclude the Old Sanctuary from applying for a video lottery license. k. The sale of malt beverages and wine on Sunday is prohibited. l. This Agreement shall be reviewed when the On -Off Sale Malt Beverage License is scheduled for renewal. 2. This Agreement is not transferable and may be modified only by the mutual written agreement of the parties hereto, except the City may terminate this Agreement in its sole discretion if it terminates the On-Off Sale Malt Beverage and Wine Licenses referred to herein. 3. Each party agrees to reasonably collaborate, cooperate and mutually support the other party concerning the operation of this Agreement. 4. The City and Old Sanctuary each represent and warrant to the other that it has full power and authority to enter into this Agreement and to undertake the actions contemplated by this Agreement. 5. This Agreement shall be binding upon and inure to the benefit of the parties hereto. 6. This Agreement shall become effective (the "Effective Date") upon the date it is executed by the last party. IN WITNESS WHEREOF, this Agreement has been entered into by the parties hereto. Dated this 28th day of October, 2003. CITY OF BROOKINGS By: Michael Williams, City Manager ATTEST: Shari Thornes, City Clerk Dated this 28th day of October, 2003. OLD SANCTUARY ASSOCIATES, L.L.C. Dennis Bielfeldt Darla Bielfeldt Wine Operating Agreement – Old Sanctuary. A motion was made by Roden, seconded by Bezdichek, to approve Resolution No. 60 -03, authorizing the City Manager to enter into a wine license operating agreement with Dennis and Darla Bielfeldt, owners, Old Sanctuary, 928 4th Street, East 23’ of Lot 1, Lot 2, Block 5, Skinner’s Second Addition. All present voted yes; except Bozied, motion carried. Resolution 60-03 Old Sanctuary Wine Operating Agreement BE IT RESOLVED by the city of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for a Wine Operating Management Agreement between the City of Brookings and the Old Sanctuary, Dennis and Darla Bielfeldt, owners, for the purpose of a manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at the Old Sanctuary. BE IT FURTHER RESOLVED that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of ten years with a renewal in five (5) years. On-Off Sale Malt Beverage License – Old Sanctuary. A public hearing was held on action for an on-off malt beverage license for Dennis and Darla Bielfeldt, owners, Old Sanctuary, 928 4th Street, East 23’ of Lot 1, Lot 2, Block 5, Skinner’s Second Addition. All present were given an opportunity to be heard. A motion was made by Bezdichek, seconded by Reed, to approve the license. All members voted yes; except B ozied, motion carried. *************************************************************************************************** Brookings City Council June 13, 2006 The Brookings City Council held a special meeting on Tuesday, June 13, 2006, at 3:30 p.m. in City Hall with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek (arrived 3:37 p.m.), Julie Whaley, Tim Reed, Ginger Thomson, Mike Bartley and Michael Reitz. City Manager Alan Lanning and City Clerk Shari Thornes were also present. City of Brookings & Old Sanctuary Agreement. A motion was made by Bartley, seconded by Reed, to approve an amended agreement between the City of Brooki ngs and Old Sanctuary. All present voted yes; motion carried. AMENDMENT TO AGREEMENT For Use of On-Off Sale Malt Beverage License and On-Sale Wine License Old Sanctuary, L.L.C. THIS AMENDMENT TO AGREEMENT is made and entered into this 13th day of June, 2006, by and between the CITY OF BROOKINGS, SOUTH DAKOTA, hereinafter sometimes referred to as "CITY", a Municipal Corporation, of Brookings, South Dakota; and OLD SANCTUARY ASSOCIATES, L.L.C., hereinafter sometimes referred to as the "OLD SANCTUARY", WITNESSETH: WHEREAS, the parties heretofore entered into an Agreement entitled Agreement For Use Of On-Off Sale Malt Beverage License And On-Sale Wine License, dated as of October 28, 2003; and WHEREAS, the City has determined that less frequent review of this Agreement is warranted and therefore the parties now desire to modify the above -referenced Agreement dated October 28, 2003, by making the amendment as hereinafter provided, now therefore, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: Section F. of the Recitals is amended to provide as follows: F. The City and Old Sanctuary understand and agree that use of the On-Sale Malt Beverage License and On-Sale Wine License for the Old Sanctuary shall be reviewed at the time the Operating Agreement held by Old Sanctuary Associates, L.L.C. is subject to renewal in order to determine that the neighborhood is not adversely affected by the use of these On-Sale Licenses, and that notwithstanding this Agreement, the City may review this Agreement as necessary or terminate the use of the licenses, in a manner consistent with law, if necessary to avoid adverse impacts upon the surrounding neighborhood. Section 1. l. of the Agreement is amended to provide as follows: 1. l. This Agreement shall be reviewed when the Operating Agreement is scheduled for renewal. The parties hereby ratify and confirm all other provisions of the original Agreement For Use Of On-Off Sale Malt Beverage License And On-Sale Wine License, dated as of October 28, 2003, not modified by this Amendment, and hereby affirm their intent to have said Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and date first above indicated. CITY OF BROOKINGS By: Alan D. Lanning, City Manager ATTEST: Shari Thornes, City Clerk OLD SANCTUARY ASSOCIATES, L.L.C. Dennis Bielfeldt Darla Bielfeldt B rook ings County, SD Developed by Par cel ID 405700050000700 Sec/T wp/Rng -- Pr oper ty Address Alter nate ID n/a Class R Acr eage n/a O w ner Addr ess RABBIT RENTAL S LLC 928 7TH AVE BRO OKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption SKINNERS SEC O ND L 7-8, BL 5 100X165 - P AVED LOT (Note: Not to be used on leg a l documents) Date created: 7/20/2022 Last Data Uploa ded: 7/20/2022 8:10:38 AM 228 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels Roa ds City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 22-058,Version:1 Action on Resolution 22-058, a Resolution Authorizing the Transfer of Real Property for Economic Development Purposes. Summary: This agenda item is a proposed Resolution Authorizing the Transfer of Real Property for the City of Brookings’ Workforce Housing Project on 15th Street South and 7th Avenue South. The Developer, CD Properties, LLC (James Drew is a Member), received approval of its Application for South Dakota Housing Opportunity Fund Program funds, and received funding in the amount of $160,000 to construct eight housing units starting in 2022. A second allocation of Housing Opportunity Funds will be requested for the remaining 12 units for this Workforce Housing Project. CD Properties, LLC, proposes to utilize these South Dakota Housing Opportunity Fund Program funds, along with matching funds from the City of Brookings and approximately 2.3 acres of land conveyed by the City at no cost to reduce the sale price of each unit. This project was presented to the City Council on May 24, 2022, and approval from the City Council was received for City funding. The proposed Resolution will authorize the transfer of real property for no consideration to CD Properties, LLC; however, the property will be subject to restrictive covenants which generally provide CD Properties, LLC, will comply with any covenants required by the South Dakota Housing Opportunity Fund, and will provide affordable workforce housing consisting of not less than 20 single- family units, with a maximum sales price of $225,000 each. In addition, each housing unit must be owner-occupied (the primary residence of the owner) for a period of 10-years from the original purchase date of each housing unit. Accordingly, sales and subsequent sales of each unit must be sold subject to the requirement the Buyer actually occupy the unit as a primary residence. The legal description of the land proposed to be transferred pursuant to the Resolution is as follows: Block Four (4) of D and D Addition in the Southeast Quarter (SE¼) of Section Thirty-five (35), Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., City of Brookings, County of Brookings, State of South Dakota. Recommendation: Staff supports funding workforce housing development with a financial commitment of $10,000 per housing unit plus free land. Attachments: Memo Resolution South Dakota Housing Opportunity Fund Loan Commitment City of Brookings Printed on 7/21/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Council Meeting: July 26, 2022 Subject: Resolution 22-058: Transfer of Real Property for Workforce Housing – 15th Street South and 7th Avenue South Presenter: Mike Struck, Community Development Director Summary: This agenda item is a proposed Resolution Authorizing the Transfer of Real Property (described below) for the City of Brookings’ Workforce Housing Project located at 15th Street South and 7th Avenue South. The Developer, CD Properties, LLC (James Drew is a Member), received approval of its Application for South Dakota Housing Opportunity Fund program funds, and received funding in the amount of $160,000 to construct eight housing units starting in 2022. A second allocation of Housing Opportunity Funds will be requested for the remaining 12 units for this Workforce Housing Project. CD Properties, LLC, proposes to utilize these South Dakota Housing Opportunity Fund program funds, along with matching funds from the City of Brookings and approximately 2.3 acres of land conveyed by the City at no cost to reduce the sale price of each unit. This project was presented to the City Council on May 24, 2022, and approval from the City Council was received for City funding. The proposed Resolution will authorize the transfer of real property for no consideration to CD Properties, LLC; however, the property will be subject to restrictive covenants which generally provide that CD Properties, LLC, will comply with any covenants required by the South Dakota Housing Opportunity Fund, and will provide affordable workforce housing consisting of not less than 20 single-family units, with a maximum sales price of $225,000 each. In addition, each housing unit must be owner- occupied (the primary residence of the owner) for a period of 10-years from the original purchase date of each housing unit. Accordingly, sales and subsequent sales of each unit must be sold subject to the requirement the Buyer actuall y occupy the unit as a primary residence. The legal description of the land proposed to be transferred pursuant to the Resolution is as follows: Block 4 of D and D Addition in the Southeast Quarter of Section 35, Township 110 North, Range 50 West of the 5th P.M., City of Brookings, County of Brookings, State of South Dakota. Background: The City of Brookings acquired approximately 8 acres of property in the D & D Addition for drainage improvements and future street improvements of 15 th Street South and 7th Avenue South. A small 2.3-acre parcel was not needed to complete the public improvements, and the City identified an opportunity of expanding housing opportunities in this area. The City initiated a comprehensive process of Letters of Interest, Requests for Qualifications, and Requests for Proposals to develop workforce housing on the 2.3 - acre site. During the subsequent submittal, review, and interview process, CD Properties, LLC’s proposal was selected to move forward with the Workforce Housing Project. In the summer of 2021, the City began construction of the drainage, water, and sanitary sewer improvements for the future streets of 15th Street South and 7th Avenue South. These infrastructure improvements were necessary for the workforce housing project to move forward. A Tax Increment Financing District was created to assist the City in recovering the costs associated with the public improvements. CD Properties, LLC, has been working with the South Dakota Housing Development Authority on funding opportunities and submitted an application for funding assistance from the South Dakota Housing Opportunity Fund. The Housing Opportunity Fund is a competitive application process whereby the applicant is awarded points based upon selected criteria. On May 24, 2022, the City Council approved funding in an amount between $180,000 and $200,000 for this project, contingent on the SD Housing Opportunity award, which has now been received. On June 28, 2022, CD Properties, LLC, received notice of Housing Opportunity Funding (HOF) funding in a not to exceed amount of $160,000 to construct the eight initial housing units, starting in 2022. Item Details: The Developer proposed a shovel-ready site and the City covered the soft costs of the project to minimize the Developer’s risk, while maintaining the proposed price points allowed by the South Dakota Housing Opportunity Fund. Rising construction costs associated with materials and labor have pushed the price points in the project to a range of $225,000 to $265,000. The original price points proposed for the Workforce Housing Project were in the $150,000 to $180,000 range. The Developer submitted an application for South Dakota Housing Opportunity funding and the application scoring criteria provides additional points for municipal support/ participation in the project. The South Dakota Housing Development Authority provided Notification of Approval of program funds in the amount of $160,000 subject to numerous covenants and project requirements. The City’s goal is to assist with providing housing stock in the community for working professionals, with a maximum sales price of $225,000. The Developer is proposing 20 housing units in the development. A City financial commitment of $10,000 per housing unit, along with free land would bring the housing units back to a range of approximately $185,000 to $225,000. The South Dakota Housing Opportunity Fund is providing an initial per unit investment of $20,000. City staff recommend any covenants and restrictions considered for the project, mirror those restrictions imposed by the Housing Opportunity Fund Program administered by the South Dakota Housing Development Authority. One of the requirements is the homes are targeted to individuals at or below 115% of Area Median Income. An additional requirement of the Housing Opportunity Fund is a deed restriction placed upon the property at the time of acquisition, which requires the property to be maintained for a 10-year period of affordability while being owner-occupied. Legal Consideration: City Staff and City Attorney Steve Britzman will finalize administrative documents based on City Council’s action. State law, including SDCL 9-27-36, 9-27-37 and 9-54-1, provide the authority for the land transfer for this economic development project. City staff and the City Attorney have collaborated in the preparation of Purchase Agreements and Restrictive Covenants consistent with the project requirements. Strategic Plan Consideration: The Workforce Housing Project is consistent with the City Council Strategic Plan, specifically with item #2 providing a Safe, Inclusive, Connected Community, and #5 Economic Growth by providing workforce housing opportunities meeting the needs of our business and industry labor force. Financial Consideration: $180,000 to $200,000 plus land at no cost to the Developer. The financial consideration was based on the successful award from the South Dakota Housing Opportunity Fund, which has now been received. Council can determine the appropriate matching fund in the future. Funds are available in multiple reserves related to this economic endeavor. 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 supports funding workforce housing development with a financial commitment of $10,000 per housing unit plus free land. Supporting Documentation: Memo Resolution South Dakota Housing Opportunity Fund Loan Commitment Resolution 22-058 Resolution Authorizing the Transfer of Real Property for Economic Development Purposes Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, in response to a Request for Proposals for Workforce Housing projects, the City of Brookings received an exceptional proposal from CD Properties, LLC, for the purchase of the following described property: Block Four (4) of D and D Addition in the Southeast Quarter (SE¼) of Section Thirty-five (35), Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., City of Brookings, County of Brookings, State of South Dakota, and Whereas, for the express purpose of furthering economic growth and development of the City of Brookings, South Dakota, the City of Brookings has accepted the proposal from CD Properties, LLC, in response to the City’s Request for Proposals for a Workforce Housing Opportunity, and the City agrees to convey the above-described property for no cash consideration, but with restrictive covenants to promote workforce housing, to CD Properties, LLC, in accordance with applicable law; and Whereas, the City of Brookings has determined that the proposal submitted by CD Properties, LLC, will provide economic growth by providing approximately 2.3 acres of land, as described herein, to facilitate the creation of owner-occupied workforce housing units which will be sold at prices consistent with the needs of the Brookings workforce and the requirements of the South Dakota Housing Development Authority Housing Opportunity Fund program requirements, thereby furthering economic development in the City of Brookings; and Whereas, the City is authorized to enter into this transaction as an economic development activity under the laws of the State of South Dakota; Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota, as follows: A. That the City convey title to the above-described property to the Brookings Economic Development Corporation, Inc. for the transfer of the above-described property to CD Properties, LLC, for the purposes set forth herein; and B. That the Mayor, City Clerk, City Manager and City Attorney are authorized to execute the required documents in accordance with this Resolution. Passed and approved on the 26th day of July, 2022. CITY OF BROOKINGS: ATTEST: Oepke G. Niemeyer, Mayor Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0299,Version:1 City of Brookings Progress Report. Summary: Jacob Meshke, Assistant City Manager, will provide a progress report highlighting the City’s activities/projects. Attachments: Presentation City of Brookings Printed on 7/21/2022Page 1 of 1 powered by Legistar™ Progress ReportJuly 2022 Food Insecurity Facility •Administrative Processes Complete •Work in Progress/Look Ahead •Surfacing prep/site work •Northwestern gas line install •BMU power/transformer install •Site concrete/asphalt/black dirt •Upcoming Work/Long Range •Framing (2nd Week of August) •Roofing/Windows/Doors (early September) •Masonry (mid-September) •Siding (Late September/Early October) •Estimated Completion: January 2023 Interchange •Recent Updates •Work over the past month included: •Bridge west abutment, and east girders installed. Decking started to be poured. •The eastern and western approaches along with ramps have had significant progress •Water main installation on eastern side is continuing with closure of 34th Ave •Next Steps •Girders to be installed on western side of bridge •Work at the intersection of 20th St S and 22nd Ave to possibly start in August •Substantial completion: July 2023 15th St and 7th Ave Project •Work performed over last month: •Installed asphalt surface on 15th St S and 7th Ave from 12th St S to 15th St S •Finished curb and gutter •Line painting •Most sidewalk installed •Storm sewer installed on Phase 2 •Next Steps •Install remaining ramps •Finish sidewalk, topsoil, seed •Install finish asphalt for Phase 2 •Expected Completion: August 2022 •Work performed over last month: •New water and sewer services installed •Installation of gravel base •Concrete surface pouring started •Next Steps •Finish concrete surface, curb and gutter •Line painting •Asphalt patching and pave 8th St S from Main Ave to Medary Ave •Expected Completion: Early August 2022 Main Avenue and 8th Street South Annual Overlay Project •Work Performed over last month •Jack Rabbit reclaimed and manholes adjusted •Next Steps •14th Avenue –Reclaim roadway, install water main •Medary Ave(11th St to 7th St) –Ramps and mill and overlay •8th St (Medary Ave to 14th Ave) –Mill and overlay •Jack Rabbit –Install ramps, pave •Expected Completion: Fall 2022 Chip Seal Project •Planning to start early August •Press release coming soon •Residents expect parking prohibitions and requests to limit lawn watering/using sprinklers •http://www.cityofbrookings- sd.gov/projects Household Hazardous Waste Event •2nd Annual Event •Dispose of unwanted waste in a safe and environmentally-responsible manner •August 27, Swiftel Center Lot •8am to 12pm •Free event –request non-perishable food item for Brookings Food Pantry •Visit City website for more information Library •Transportation Fair •June 29 •491 attendees •Pet Parade •30 pets •172 attendees Parks and Recreation •Community Games •4 Teams •90 attendees •51st Annual Brookings Arts Festival •July 9/10 •Buffalo Wild Wings Baseball Tournament •63 youth teams •Fishback Classic Soccer Tournament •90 youth teams 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 22-0302,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 and SDCL 1-25-2.5, for purposes of discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivision, when public discussion may be harmful to the competitive position of the business. 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 7/25/2022Page 1 of 1 powered by Legistar™