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HomeMy WebLinkAbout2022_08_09 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, August 9, 2022 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 22-0312 Action to approve City Council meeting minutes. 7/26/2022 MinutesAttachments: 5.B.RES 22-059 Action on Resolution 22-059, a Resolution authorizing the City Manager to sign an On-Sale Liquor Operating Agreement renewal for Cubby’s Sports Bar & Grill, GDT Inc., Gus Theodosopoulos, owner, 307 Main Avenue South, Brookings, South Dakota. Legal description: Lots 3-4, Block 3, Page 1 City of Brookings August 9, 2022City Council Meeting Agenda - Final Original Plat Addition. Memo Resolution Operating Agreement Map Attachments: 5.C.RES 22-060 Action on Resolution 22-060, a Resolution authorizing the City Manager to sign a Wine Operating Agreement renewal for New Sake, Inc., En Qin Lin, owner, 724 22nd Avenue South. Legal description: Restaurant: N 14.5' of S 542.8' and E 54.5' of W 309' incl. N 20' of S 528.3' and E 59' of W 313.5; Patio: N 14.5' of S 542.8' and E 24' of W 333' incl. N 20' of S 528.3' and E 19.5' of W 333', Lot 2, Brookings Mall Addition. Memo Resolution Operating Agreement Map Attachments: 5.D.RES 22-061 Action on Resolution 22-061, a Resolution authorizing the City Manager to sign a Wine Operating Agreement renewal for Pheasant Café & Lounge, Ron and Georgiana Olson, owners, 726 Main Avenue South. Legal description: Lot 2, Block 2, Grossman Heights Addition. Memo Resolution Operating Agreement Map Attachments: 6. Presentations/Reports: 6.A.ID 22-0313 Proclamation: A Day to Celebrate the Cultures of Our Community ProclamationAttachments: 6.B.ID 22-0314 Presentation: Special Achievement in Geographical Information System (GIS) Award 6.C.ID 22-0316 2nd Quarter CFO’s Report. ReportAttachments: 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. Page 2 City of Brookings August 9, 2022City Council Meeting Agenda - Final 8.A.ORD 22-029 Introduction and First Reading on Ordinance 22-029, an Ordinance Authorizing Budget Amendment No. 7 to the 2022 Budget. Second Reading: August 23, 2022. Memo Ordinance Attachments: 9. Public Hearings and Second Readings: 9.A.ORD 22-027 Public Hearing and Action 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. Memo Ordinance - Clean Ordinance - Marked Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Bufferyards Attachments: Action: Open & Close Public Hearing, Motion to Approve, Request Roll Call Legislative History 7/26/22 City Council read into the record 9.B.ORD 22-028 Public Hearing and Action 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. Memo Ordinance - Clean Ordinance - Marked Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Bufferyards Attachments: Action: Open & Close Public Hearing, Motion to Approve, Request Roll Call Legislative History 7/26/22 City Council read into the record 10. Other Business: 10.A.RES 22-062 Action on Resolution 22-062, a Resolution adopting the Special Assessment Policy. Page 3 City of Brookings August 9, 2022City Council Meeting Agenda - Final Memo Resolution Special Assessment Policy Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 10.B.RES 22-063 Action on Resolution 22-063, a Resolution authorizing the distribution of American Rescue Plan Act funds for the City of Brookings. Memo Resolution Project Outline - Brookings Area Habitat for Humanity Project Outline - Brookings Behavioral Health & Wellness Project Outline - Brookings Economic Development Corporation Child Care Coordinator Project Outline - Brookings Economic Development Corporation Child Care Facility Project Outline - Clark Drew Construction Workforce Housing Project Project Outline - Inter-Lakes Community Action Partnership Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 11. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any topic at a future meeting. Items cannot be added for action at this meeting. A motion and second is required which states the topic, requested outcome, and time frame. A majority vote is required. 12. Executive Session 12.A.ID 22-0320 Executive Session, pursuant to SDCL 1-25-2.3, for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters. Action: Motion to Enter into Executive Session, Voice Vote Action: Motion to Exit Executive Session, Voice Vote 13. 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 Page 4 City of Brookings August 9, 2022City Council Meeting Agenda - Final Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting. Page 5 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0312,Version:1 Action to approve City Council meeting minutes. Attachments: 07/26/2022 City Council Minutes City of Brookings Printed on 8/4/2022Page 1 of 1 powered by Legistar™ Brookings City Council July 26, 2022 (unapproved) The Brookings City Council held a meeting on Tuesday, July 26, 2022 at 6:00 PM, at the Brookings City & County Government Center, Chambers, with the following City Council members present: Mayor Oepke Niemeyer, Council Members 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 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 Tilton Byrne, 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 July 12 and July 19, 2022 City Council Minutes. B. 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. 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. C. 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. 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. Proclamation. Mayor Niemeyer presented a Proclamation recognizing the 32nd Anniversary of the Americans with Disabilities Act to members of the Brookings Disability Awareness Committee. Mayoral Proclamation 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. 2021 Annual Comprehensive Financial Report and Audit Summary. Jamie Fay, partner, Eide Bailly LLP, presented the 2021 Annual Comprehensive Financial Report and Audit Summary to the City Council and members of the public. (Council Member Wendell arrived at 6:30 p.m.) FIRST READING – Ordinance 22-027. Introduction and First Reading was held 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 FIRST READING – Ordinance 22-028. Introduction and First Reading was held 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. Initial Development Plan. A public hearing was held on an Initial Development Plan for Lot 2, Block 13, Morningside Addition. A motion was made by Council Member Wendell, seconded by Council Member Specker, that the Initial Development Plan for Lot 2, Block 13, Morningside Addition, be approved. Public Comment: Matt Wiese. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Commercial Corridor Design Review. A public hearing was held on a Commercial Corridor Design Review for Block 1 of Northern Plains Addition. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that the Commercial Corridor Design for Block 1, Northern Plains Addition, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Ordinance 22-026. A public hearing was held 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. A motion was made by Council Member Collins, seconded by Council Member Tilton Byrne, that Ordinance 22-026 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. On-Off Malt License Transfer. A public hearing was held 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. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, that the On-Off Sale Malt License transfer be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Resolution 22-055. A public hearing was held 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. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that Resolution 22-055 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. 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 Management 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. Alcohol Agreement – Old Sanctuary. A motion was made by Council Member Specker, seconded by Council Member Collins, that an Agreement between Rabbit Rentals, LLC, dba Old Sanctuary, Daniel Bielfeldt, owner, and the City of Brookings pertaining to the sale of alcoholic beverages, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Resolution 22-058. A motion was made by Council Member Tilton Byrne, seconded by Council Member Avery, that Resolution 22-058, a Resolution Authorizing the Transfer of Real Property for Economic Development Purposes, be approved. Public Comment: Tim Reed. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. 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. Progress Report. Jacob Meshke, Assistant City Manager, provided a progress report highlighting the City’s activities and projects to the City Council and public. Executive Session. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, to enter into Executive Session at 7:02 p.m., 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. Present: City Council, City Attorney, City Manager, City Clerk, Assistant City Manager Jacob Meshke, and Tim Reed, Executive Director of the Brookings Economic Development Corporation. The motion carried by a unanimous vote. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, to exit Executive Session at 8:00 p.m. The motion carried by a unanimous vote. Adjourn. A motion was made by Council Member Wendell, seconded by Council Member Collins, that this meeting be adjourned at 8:01 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 22-059,Version:1 Action on Resolution 22-059, a Resolution authorizing the City Manager to sign an On-Sale Liquor Operating Agreement renewal for Cubby’s Sports Bar & Grill, GDT Inc., Gus Theodosopoulos, owner, 307 Main Avenue South, Brookings, South Dakota. Legal description: Lots 3-4, Block 3, Original Plat Addition. Summary: The City of Brookings enters into On-Sale Liquor Operating Agreements for a 10-year period, with a mid-term renewal at five years. This Resolution would allow the City Manager to enter into a new 10- year agreement. Recommendation: Staff recommends approval Attachments: Memo Resolution Operating Agreement Map City of Brookings Printed on 8/4/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: August 9, 2022 Subject: On-Off Sale Liquor Operating Agreement renewal: Cubby’s Sports Bar & Grill Person(s) Presenting: Bonnie Foster, City Clerk Summary: GDT, Inc., dba Cubby’s Sports Bar & Grill has reached the end of the current 10-year Liquor Operating Agreement. This is for the renewal of the Liquor Operating Agreement for an additional 10-years, with a 5-year mid-term renewal. Address: 307 Main Avenue. Legal description: Lots 3-4, Block 3, Original Plat Addition. An operating agreement is required for all Liquor Licenses. This Resolution allows the City Manager to enter into a 10-year Operating Agreement renewal, effective through 2032, with a 5-year mid-term renewal in 2027. 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 depa rtment 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: None. 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 Location Map Resolution 22-059 On-Sale Liquor Operating Agreement – 10-year renewal GDT, Inc., dba Cubby’s Sports Bar & Grill Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement renewal for the On-Sale Operating Alcohol Management Agreement for Liquor between the City of Brookings and David Olson, Inc., dba Danny’s, David Olson, owner, for the purpose of a liquor manager to operate the on- sale establishment or business for and on behalf of the City of Brookings at 307 Main Avenue. Legal description: Lots 3-4, Block 3, Original Plat Addition. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement renewal on behalf of the City, which shall be for a period of five (5) years. Passed and approved this 9th day of August, 2022. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk ON-SALE LIQUOR OPERATING AGREEMENT – 10-year renewal Cubby’s Sports Bar & Grill, GDT Inc. THIS AGREEMENT is made and entered into by and between the CITY OF BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and Gus Theodosopoulos, owner, GDT, Inc., dba Cubby’s Sports Bar & Grill, hereinafter referred to as “Manager.” The City and Manager are referred to as the “parties” herein. WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on -sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: I. This Agreement is made and entered into on a limited basis between the parties to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement, and in accordance with all State laws and City Ordinances now in effect and as may be enacted in the future. II. The Manager shall be individually responsible for all operating expenses of said on -sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. III. The on-sale establishment shall be located upon real property in the City of Brookings, South Dakota, described as: Lots 3-4, Block 3, Original Plat 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 constitutes a renewal of the current Operating Agreement and shall be in full force and effect for a period of five (5) years. VI. Either the Manager or the City may terminate this Agreement without cause upon ninety (90) days written notice served by either party upon the other. The City reserves the right to immediately suspend or revoke this Agreement without ninety (90) days written notice for alcohol-related violations in accordance with the provisions of Resolution No. 25-88 or any amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal Off -Sale Establishment to be sold on the premises of Manager. VII. The Manager shall receive as full compensation for its services rendered, the net profit from the on-sale establishment under its management, and the sole profit to be derived by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the Manager for the purposes of resale on the premises as above described. VIII. The Manager shall pay in a timely manner to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall 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, One Thousand Five Hundred, and no/100 Dollars ($1,500.00), constituting the Annual License Fee on or by the 1st day of November of each year thereafter as long as this agreement shall remain in force and effe ct. 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 shal l 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 9th day of August, 2022. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST: Paul Briseno, City Manager Bonnie Foster, City Clerk MANAGER By: B rook ings County, SD Developed by Par cel ID 404050030000400 Sec/T wp/Rng -- Pr oper ty Address 305 MAIN AVE BROOKINGS Alter nate ID n/a Class NADC Acr eage n/a O w ner Addr ess THEODOSOPOULOS, GUS 307 MAIN AVE BRO O KINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption O RIGINAL PL AT ADDN, L OTS 3 & 4, BL K 3 50 X 165 (Note: Not to be used on leg a l documents) Date created: 7/29/2022 Last Data Uploa ded: 7/29/2022 8:57:07 AM 73 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 22-060,Version:1 Action on Resolution 22-060, a Resolution authorizing the City Manager to sign a Wine Operating Agreement renewal for New Sake, Inc., En Qin Lin, owner, 724 22 nd Avenue South. Legal description: Restaurant: N 14.5' of S 542.8' and E 54.5' of W 309' incl. N 20' of S 528.3' and E 59' of W 313.5; Patio: N 14.5' of S 542.8' and E 24' of W 333' incl. N 20' of S 528.3' and E 19.5' of W 333', Lot 2, Brookings Mall Addition. Summary: The City of Brookings enters into Wine Operating Agreements for a 10-year period with a mid-term renewal at five years. This Resolution would allow the City Manager to enter into a new 10-year agreement. Recommendation: Staff recommends approval. Attachments: Memo Resolution Operating Agreement Map City of Brookings Printed on 8/4/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: August 9, 2022 Subject: On-Off Sale Wine Operating Agreement renewal: New Sake, Inc. Person(s) Presenting: Bonnie Foster, City Clerk Summary: New Sake, Inc., has reached the end of the current 10-year Wine Operating Agreement. This is for the renewal of the Wine Operating Agreement for an additional 10-years, with a 5-year mid-term renewal. Address: 724 22nd Avenue South. Legal description: Restaurant: N 14.5' of S 542.8' and E 54.5' of W 309' incl. N 20' of S 528.3' and E 59' of W 313.5; Patio: N 14.5' of S 542.8' and E 24' of W 333' incl. N 20' of S 528.3' and E 19.5' of W 333', Lot 2, Brookings Mall Addition. An operating agreement is required for all Wine Licenses. This Resolution allows the City Manager to enter into a 10-year Operating Agreement renewal, effective through 2032, with a 5-year mid-term renewal in 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: None. 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 Location Map Resolution 22-060 Wine Operating Agreement – 10-year renewal New Sake, Inc. Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal for the Wine Operating Management Agreement between the City of Brookings and New Sake, Inc., En Qin Lin, 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 724 22nd Avenue South. Legal Description: Restaurant: N 14.5' of S 542.8' and E 54.5' of W 309' incl. N 20' of S 528.3' and E 59' of W 313.5; Patio: N 14.5' of S 542.8' and E 24' of W 333' incl. N 20' of S 528.3' and E 19.5' of W 333', Lot 2, Brookings Mall Addition. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of ten (10) years , with a mid-term renewal in five (5) years. Passed and approved this 9th day of August, 2022. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk WINE OPERATING AGREEMENT – 10-year renewal New Sake, Inc. 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 New Sake, Inc., En Qin Lin, owner, hereinafter referred to as “Manager.” The City and Manager are referred to as the “parties” herein. WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on-sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: I. This Agreement is made and entered into on a limited basis between the parties to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement and in accordance with all State laws and City Ordinances now in effect and as may be enacted in the future. II. The Manager shall be individually responsible for all operating expenses of said on -sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. III. The on-sale establishment shall be located upon real estate in the City of Brookings, South Dakota, described as: Restaurant: N 14.5' of S 542.8' and E 54.5' of W 309' incl. N 20' of S 528.3' and E 59' of W 313.5; Patio: N 14.5' of S 542.8' and E 24' of W 333' incl. N 20' of S 528.3' and E 19.5' of W 333', Lot 2, Brookings Mall Addition, City of Brookings, Brooking County, South Dakota. IV. The Manager shall dispense only alcoholic beverages supplied by the Municipal off-sale establishment. V. This Agreement shall be in full force and effect for a period of five (5) years, with the Manager having the option and privilege of a five (5) year extension, subject to the approval of the governing body of the City of Brookings. VI. Either the Manager or the City may terminate this Agreement without cause upon ninety (90) days written notice served by either party upon the other. 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 in a timely manner to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supersede the markup percentages provided herein. The Manager further agrees that if either of the markup percentages shall be increased at any time by the City, the Manager shall pay the markup as so increased. IX. A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoice shall bear the signature of the authorized representative of the on -sale Manager or its authorized representative. One copy thereof shall be retained by the Municipal off -sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. X. In consideration of the covenants herein contained, the Manager agrees to pay the CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00), constituting the Annual License Fee on or by the 1st day of November of each year thereafter as long as this agreement shall remain in force and effect. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided therein. The Manager further agrees that if the annual fee shall be increased at any time by the legislature, the Manager shall pay the amount of any such increase. XI. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. XII. The Manager shall have the right to return, at any time, alcoholic beverages received from the City which are eligible to be returned, and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the of such alcoholic beverages. XIII. The Manager agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. XIV. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and the Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including taxes. XV. The Manager agrees to observe all Federal and State laws and ordinances of the City of Brookings. XVI. The City covenants and agrees to furnish the on -sale license to Manager pursuant to the terms and conditions of this Operating Agreement and the terms and conditions of the on-sale license. XVII. The City has the right to make inspections and investigations of the premises during the hours of operation, and make audits and examinations of the records of the Manager relating to the on-sale establishment. XVIII. It is further specifically understood and agreed that the waiver of the rights of the City under this Agreement shall not constitute a continuous waiver, and any violation or breach of the terms of this Agreement by the Manager shall constitute a separate and distinct offense and grounds for immediate termination and revocation of this Agreement. XIX. This agreement shall not be assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is effective this 9th day of August, 2022. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST: Paul Briseno, City Manager Bonnie Foster, City Clerk MANAGER By: By: B rook ings County, SD Developed by Par cel ID 400750000000200 Sec/T wp/Rng -- Pr oper ty Address 700 22ND AVE S BROOKINGS Alter nate ID n/a Class NADC Acr eage n/a Ow ner Address BURGER, ANDREW J REVO C ABLE TRUST 4665 AL TA RIC A DR L A MESA C A 91941 Distr ict 4001 Br ief T ax Descr iption BROOKINGS MAL L ADDN, L OT 2 13.65 AC (Note: Not to be used on leg a l documents) Date created: 7/29/2022 Last Data Uploa ded: 7/29/2022 8:57:07 AM 390 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 22-061,Version:1 Action on Resolution 22-061, a Resolution authorizing the City Manager to sign a Wine Operating Agreement renewal for Pheasant Café & Lounge, Ron and Georgiana Olson, owners, 726 Main Avenue South. Legal description: Lot 2, Block 2, Grossman Heights Addition. Summary: The City of Brookings enters into Wine Operating Agreements for a 10-year period with a mid-term renewal at five years. This Resolution would allow the City Manager to enter into a new 10-year agreement. Recommendation: Staff recommends approval. Attachments: Memo Resolution Operating Agreement Map City of Brookings Printed on 8/4/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: August 9, 2022 Subject: On-Off Sale Wine Operating Agreement renewal: Pheasant Café & Lounge Person(s) Presenting: Bonnie Foster, City Clerk Summary: RGO, Inc., dba Pheasant Café & Lounge has reached the end of the current 10 -year Wine Operating Agreement. This is for the renewal of the Wine Operating Agreement for an additional 10-years, with a 5-year mid-term renewal. Address: 726 Main Avenue South. Legal description: Lot 2, Block 2, Grossman Heights Addition. An operating agreement is required for all Wine Licenses. This Resolution allows the City Manager to enter into a 10-year Operating Agreement renewal, effective through 2032, with a 5-year mid-term renewal in 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: None. 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 Location Map Resolution 22-061 Wine Operating Agreement – 10-year renewal RGO, Inc., dba Pheasant Café & Lounge Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal for the Wine Operating Management Agreement between the City of Brookings and RGO, Inc., dba Pheasant Café & Lounge, Ron and Georgiana Olson, 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 726 Main Avenue South. Legal Description: Lot 2, Block 2, Grossman Heights Addition. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of ten (10) years , with a mid-term renewal in five (5) years. Passed and approved this 9th day of August, 2022. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk WINE OPERATING AGREEMENT – 10-year renewal RGO, Inc., dba Pheasant Cafe & Lounge 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 RGO, Inc., dba Pheasant Café & Lounge, Ron and Georgiana Olson, owners, hereinafter referred to as “Manager.” The City and Manager are referred to as the “parties” herein. WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on -sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: I. This Agreement is made and entered into on a limited basis between the parties to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement and in accordance with all State laws and City Ordinances now in effect and as may be enacted in the future. II. The Manager shall be individually responsible for all operating expenses of said on -sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. III. The on-sale establishment shall be located upon real estate in the City of Brookings, South Dakota, described as: Lot 2, Block 2, Grossman Heights Addition City of Brookings, Brooking County, South Dakota. IV. The Manager shall dispense only alcoholic beverages supplied by the Municipal off-sale establishment. V. This Agreement shall be in full force and effect for a period of five (5) years, with the Manager having the option and privilege of a five (5) year extension, subject to the approval of the governing body of the City of Brookings. VI. Either the Manager or the City may terminate this Agreement without cause upon ninety (90) days written notice served by either party u pon 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 in a timely manner to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supersede the markup percentages provided herein. The Manager further agrees that if either of the markup percentages shall be increased at any time by the City, the Manager shall pay the markup as so increased. IX. A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoice shall bear the signature of the authorized representative of the on -sale Manager or its authorized representative. One copy thereof shall be retained by the Municipal off -sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. X. In consideration of the covenants herein contained, the Manager agrees to pay the CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00), constituting the Annual License Fee on or by the 1st day of November of each year thereafter as long as this agreement shall remain in force and effect. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided therein. The Manager further agrees that if the annua l fee shall be increased at any time by the legislature, the Manager shall pay the amount of any such increase. XI. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. XII. The Manager shall have the right to return, at any time, alcoholic beverages received from the City which are eligible to be returned, and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the of such alcoholic be verages. 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 9th day of August, 2022. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST: Paul Briseno, City Manager Bonnie Foster, City Clerk MANAGER By: B rook ings County, SD Developed by Par cel ID 402050020000200 Sec/T wp/Rng -- Pr oper ty Address 726 MAIN AVE S BROOKINGS A lter nate ID n/a Cla ss NADC A cr eage n/a Owner Addr ess O LSON, GEO RGIANA R 1301 LAUREL L N BROOKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption GROSSMAN HEIGHTS ADDN, LOT 2 BLK 2 .92 AC RE 225 X 179 (40,275 SF) (Note: Not to be used on leg a l documents) Date created: 7/29/2022 Last Data Uploa ded: 7/29/2022 8:57:07 AM 195 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 22-0313,Version:1 Proclamation: A Day to Celebrate the Cultures of Our Community Summary: Mayor Niemeyer will present a Proclamation to representatives from the Brookings Economic Development Corporation, South Dakota State University, and Brookings Multicultural Center to celebrate the Cultures of our Community. Attachments: Proclamation City of Brookings Printed on 8/4/2022Page 1 of 1 powered by Legistar™ Mayoral Proclamation CITY OF BROOKINGS, SOUTH DAKOTA WHEREAS, Brookings’ thriving international community contributes to our community’s high quality of life and provides a vital economic impact to the Brookings area; and WHEREAS, Brookings has greatly benefited from having hundreds of international students from over 80 countries enrolled at South Dakota State University; and WHEREAS, the Brookings Multicultural Center, the Brookings Economic Development Corporation, and the South Dakota State University Office of International Affairs will hold its 1st Annual International Ice Cream Social and Community Fair to welcome International Faculty and Graduate Students and their families to our community. NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim Wednesday, August 17, 2022 as: A DAY TO CELEBRATE THE CULTURES OF OUR COMMUNITY IN WITNESS WHEREOF, I have hereunto set my hand, and caused to be affixed the Great Seal of the City of Brookings, this 9th day of August, 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 22-0314,Version:1 Presentation: Special Achievement in Geographical Information System (GIS) Award Summary: In 2020, the City of Brookings implemented a Geographical Information System (GIS) and partnered with Brookings Municipal Utilities and Brookings County on a small governmental agency agreement with ESRI for the geospatial software. The City’s goal was to give internal and external users a better and more complete experience with geospatial data. By fully utilizing the ArcGIS Hub and Web App Builder, a more user friendly geospatial product is available to the public via the City of Brookings GIS Portal webpage. Internally, communication across departments and sharing of geospatial data has increased efficiencies, led to more detailed analysis and better decisions based upon the data. The City of Brookings and Brookings Municipal Utilities has migrated data from CAD to GIS as well as incorporated data from water, sanitary sewer, streets, rental properties, zoning, recreation, storm sewer and much more. In particular, the use of GIS for density analysis and site suitability studies have helped create a more sustainable and resilient community. At the ESRI Conference in July, Aaron Karl accepted the Special Achievement in GIS award on behalf of the City of Brookings and Brookings Municipal Utilities. Evan Henningsen and Marshall Beynon from Brookings Municipal Utilities and Aaron Karl with the City of Brookings are the primary GIS staff working behind the scenes to help staff and members of the community gain a better geospatial understanding. <https://brookingsopendata-brookingscosd.hub.arcgis.com/> City of Brookings Printed on 8/4/2022Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0316,Version:1 2nd Quarter CFO’s Report. Summary: Chief Financial Officer, Erick Rangel, will present the 2nd Quarter Financial Report to the City Council and members of the public. Attachments: 2nd Quarter Financial Report City of Brookings Printed on 8/4/2022Page 1 of 1 powered by Legistar™ CFO’s Report Q2 2022 City of Brookings REVENUES FY2022 B Prorated YTD 2022 B 2022 YTD A Δ $ F/(U)Δ% Sales Tax: 1st Penny $7,305,390 $3,495,380 $4,179,935 $684,555 19.6% 2nd Penny $7,305,390 $3,495,316 $4,179,935 $684,619 19.6% 3rd Penny $922,162 $425,986 $560,101 $134,115 31.5% BID (Pillow Tax)$242,000 $94,268 $110,424 $16,156 17.1% Total $15,774,942 $7,510,950 $9,030,394 $1,519,444 20.2% Property Tax:$3,666,001 $1,880,401 $1,968,282 $87,881 4.7% Grand Total $19,440,943 $9,391,351 $10,998,676 $1,607,326 17.1% 2 2022 Jan –June Tax Revenue Revenue Tax Collected vs LY vs Budget Total tax collected is 17.1% above budget or $1.6M Sales driven tax revenue is 15.4% higher than last year and 20.2% above budget or $1.5M Growth in Q2 2021 was +18% vs last year Hospitality Industry driven taxes —3rd Penny or “Tourism” + 18.4% growth —BID or “Hotel” + 18% growth A Actuals Δ Variance B Budget 2022 2Q Tax Revenue & Other Income Notes -Proration of tax revenue is based on average monthly historical timing of collections -The sales tax reported period is for the previous month’s actual activity; thus, the reported numbers represent De cember’21 to May’22 economic activity +20.2%+15.4% Year over Year (YoY) increases are across the board with material gains in the Manufacturing, Retail Trade and Services sectors. 3 2022 Jan –June Sales Tax Revenue by Industry Additional sales tax information can be found in the City’s Performance Management Dashboard through the following link —City of Brookings, SD -Performance Analytics -Envisio Category YTD 22 YoY 21 YoY 20 YoY A Agriculture, Forestry and Fishing 94,399 15.4%13.3%2.0% C Construction 140,952 13.6%-31.2%-15.1% D Manufacturing 642,429 97.5%-16.6%-41.7% E Transportation, Communications, Electric, Gas, and Sanitary Services 641,538 9.6%-14.3%-8.4% F Wholesale Trade 810,020 7.2%12.3%54.1% G Retail Trade 5,220,544 10.4%13.3%1.0% H Finance, Insurance & Real Estate 121,074 9.9%11.4%3.7% I Services 1,330,416 21.7%2.6%-7.6% O Other 2,535 82.2%-65.5%-37.8% T Total 9,003,907 15.4%6.4%-2.9% EXPENDITURES:FY2022 B Prorated YTD 2022 B 2022YTD A Δ $ F/(U)% Used Δ Revenue $ F/(U) Net Surplus/ (Deficit) Animal Control $159,181 63,729$ $33,890 $29,839 21.3%$1,987 $31,826 Aquatic Center $452,619 132,798$ $113,985 $18,813 25.2%$43,888 $62,701 City Attorney $136,000 68,000$ $51,734 $16,266 38.0%$0 $16,266 City Clerk $271,250 147,085$ $143,306 $3,779 52.8%$8,681 $12,460 City Manager $602,280 297,209$ $285,138 $12,071 47.3%$30 $12,101 Community Development $931,577 474,434$ $392,588 $81,846 42.1%$31,921 $113,767 County Reimbursement $405,400 202,700$ $107,742 $94,958 26.6%($23,220)$71,738 Finance $640,146 326,339$ $327,072 ($733)51.1%($5,514)($6,247) Fire Department $798,931 399,561$ $388,575 $10,986 48.6%($2,484)$8,502 Forestry $402,786 225,287$ $163,562 $61,725 40.6%($2,457)$59,268 Government Buildings $200,449 100,225$ $132,394 ($32,170)66.0%$3,375 ($28,795) Human Resources $579,722 263,340$ $190,192 $73,148 32.8%$479 $73,627 Hydrant Rental $102,000 42,500$ $34,615 $7,885 33.9%$0 $7,885 Ice Arena $477,678 213,307$ $191,380 $21,927 40.1%$8,995 $30,923 IT $340,771 143,516$ $165,007 ($21,491)48.4%$285 ($21,206) Library $1,262,683 563,184$ $545,118 $18,066 43.2%$9,203 $27,269 Mayor & Council $115,932 39,912$ $48,264 ($8,352)41.6%$0 ($8,352) Parks Department $1,608,937 742,305$ $697,110 $45,195 43.3%$60,016 $105,212 Police Department $4,137,979 1,909,868$ $1,942,233 ($32,365)46.9%$20,412 ($11,953) Public Works $372,449 189,870$ $132,564 $57,306 35.6%$0 $57,306 Recreation Department $502,850 238,905$ $209,281 $29,624 41.6%($42,460)($12,837) Street Department $2,536,145 1,307,397$ $1,035,965 $271,433 40.8%$18,699 $290,131 Subsidies/Appropriation $1,200,558 821,177$ $615,741 $205,436 51.3%$12 $205,448 Non Departamental $595,180 275,698$ $138,150 $137,547 23.2%$836,751 $974,299 Reserves Used $3,332,826 3,332,826$ $2,642,826 $690,000 79.3%$0 $690,000 Total $22,166,329 $12,521,172 $10,728,432 $1,792,740 48.4%$968,598 $2,761,338 General Fund 4 2022 Jan –June Budget vs Actuals –General Fund Total General Fund expense is at 48.4% of total budget, which represents a $1.8M surplus vs the prorated budget ̶Excluding reserves used, expense is at 43% of budget with a $1.1M surplus A large part of this surplus is attributed to staff vacancies and timing of expenses Departments that show a deficit is mostly due to timing of expenses ̶However, fuel and utilities expenses increased ~20% over last year, staff will continue monitoring Total non tax revenues are $960 K higher mainly driven by a $350K insurance payment for the May 12th storm A Actuals Δ Variance B Budget Notes -Proration of expenses and revenue are based on a 2yr monthly historical timing average 5 2022 Jan –June CIP and Other Funds Budget vs Actuals Excluding all non capital project expenses1, CIP fund is at 12% of budget with a total spend of $1.1M. —Main initiatives funded to date are upgrades to the Library and Park and Rec facilities and the first payment for the Fire Department’s training tower Overall City spending is at 33.5% of budget A Actuals Δ Variance B Budget Capital Improvement Projects & Other *All Other –Other Government , Special, Capital Projects and Enterprise Funds managed by the City. Excludes Swiftel Center 2Q Operational Expenses EXPENDITURES:FY2022 B Prorated YTD 2022 B 2022YTD A Δ $ F/(U)% Used CIP $12,780,625 $2,432,955 $1,893,585 $539,369 14.8% All Other*$29,794,709 $11,741,182 $9,056,617 $2,684,565 30.4% Grand Total $64,741,663 $26,695,309 $21,678,635 $5,016,674 33.5% Capital Improvement Spend by Project 1 Non Capital project expenses include transfers, debt payments and sinking fund Bond Payments, $774,278 , 45% Library, $214,117 , 13% Parks & Rec Improvements, $167,741 , 10% Fire Dep , $123,393 , 7% Vehicles and Equip, $89,961 , 5% Street & Sidewalk Improvements, $102,239 , 6% Other, $233,255 , 14% 6 City Council Priority Project List (CCPPF) Secondary Projects (IN priority order)Cost Golf - Upgrade Irrigation System 1,200,000$ Library - Overall Upgrade 1,500,000$ Pay Down Debt -$ Total Unapproved Secondary Projects 2,700,000$ *Please refer to Appendix for additional desired projects detail General Fund Reserves Secondary Projects (IN priority order) Total City Council Priority Funding Available Balance 12,540,000$ Priority Funding Available Balance After Approved 9,350,000$ Primary Projects (IN priority order)Cost Public Safety Center - $8.5M 7,977,800$ Indoor Rec Facility 850,000$ Total Unapproved Primary Projects 8,827,800$ City Council Approved Projects*Cost 2022 Facility Improvements (Budget appropriation)1,100,000$ HVAC Swiftel Center Ord 22-013 1,500,000$ FD Training Tower Ord 22-017 590,000$ Total CC Approved Projects 3,190,000$ *Formally Adopted Priority Funding after Unapproved Primary Projects 522,200$ Priority Funding after Unapproved Secondary Projects (2,177,800)$ 7 2022 Economic Update The Conference Board forecasts that US economic growth will slow over the course of this year and that a shallow recession wi ll occur in late 2022 and early 2023. —This outlook is associated with persistent inflation and rising interest rates by the Federal Reserve —They forecast that 2022 Real GDP growth will come in at 1.7 % percent year-over-year and that 2023 growth will slow to 0.5% percent year-over-year Locally, the Midwest inflation Increased 1.6% in June with an annual increase of 9.5% —Even though the City’s tax and overall revenues have been strong so far, we remain cautious of our region’s economic outlook growth due to three main factors: tight labor market, supply chain constrains and a potential COVID wave Sources: https://www.conference-board.org/research/us-forecast PCE (Personal Consumption Expenses, includes food and Energy) https://dlr.sd.gov/lmic/lbtables/citylf.aspx THE CONFERENCE BOARD US ECONOMIC OUTLOOK Percentage Change Annual Rates 2020 2021 2022 2023 Real GDP -3.4 5.7 1.7 0.5 Unemployment Rate (%)8.1 5.4 3.6 3.7 PCE Inflation (%Y/Y)1.2 3.9 5.9 3.0 8 Questions or Comments? Erick Rangel CFO 605-697-8640 erangel@cityofbrookings-sd.gov https://cityofbrookings-sd.gov/200/Finance-Department Please contact the City of Brooking’s Chief Financial Officer : 9 Appendix 10 City Council Priority Project List (CCPPF) –Desired Projects Desired Projects (NOT in priority order)Cost Year Parks - Bridge to East Pond - Dakota Nature Park 30,000$ 2022 Parks - Dog Park - Sexauer 100,000$ 2030 Parks - Floor Replacement - Larson Ice Arena 96,000$ 2022 Parks - Larson Park Fountain 100,000$ 2028 Parks - Larson Park Shelter 200,000$ 2030 Parks - Outdoor Offices 30,000$ 2030 Parks - Parks Shop Addition 600,000$ 2029 Parks - Pickleball Courts 250,000$ 2030 Parks - Splashpark 250,000$ 2030 Parks - Trails 3,460,000$ 2023-2027 Police - Marked Vehicle 62,000$ 2022 Police - Training Simulator 300,000$ 2023 Streets - 3rd Street Sweeper 215,000$ 2028 Streets - Motorgrade 330,000$ 2022 Sustainability - Sustainability Council - Climate Action Plan 130,000$ 2023 Swiftel Center - East Lot 320,000$ 2023 Total Unapproved Desired Projects 6,473,000$ 11 City Council Priority Project List –Facility Improvements Detail 2022 Facility Improvements -$1.1M Library (Air Chiller, Windows, Ceiling Tiles) -$525k PD (Carpeting, Electrical Upgrade, Lighting (may be reduced)) -$210k Activity Center (Electrical Upgrades) -$145k Fire (East Station Remodel, Lighting (may go away with LED conversion energy savings project)) -$110k Swiftel (Doors, Restroom Upgrades), Nature Park (Resealing Building), Airport (Shed Doors/Frames ) -$110k 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 22-029,Version:1 Introduction and First Reading on Ordinance 22-029, an Ordinance Authorizing Budget Amendment No. 7 to the 2022 Budget. Second Reading: August 23, 2022. Summary:City of Brookings Staff continually monitors departmental budgets and brings amendments to the City Council as necessary to account for circumstances not anticipated in the originally adopted appropriation ordinance. This ensures compliance with state and local laws and maintains transparency regarding the City’s operational needs. This five-part budget amendment includes a transfer from the City Manager’s Contingency Fund and increases revenue and expenditure authority for priority items that have been identified since the previous amendment. Recommendation: Staff recommends approval. Attachments: Memo Ordinance City of Brookings Printed on 8/4/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Erick Rangel, Chief Financial Officer Council Meeting: August 9, 2022 Subject: Ordinance 22-029: Budget Amendment No. 7 Presenter: Ashley Rentsch, Senior Finance Manager Summary: City of Brookings Staff continually monitors departmental budgets and brings amendments to the City Council as necessary to account for circumstances not anticipated in the originally adopted appropriation ordinance. This ensures compliance with state and local laws and maintains transparency regarding the City’s operational needs. This five-part budget amendment includes a transfer from the City Manager’s Contingency Fund and increases revenue and expenditure authority for priority items that have been identified since the previous amendment. Background: Necessary changes to the 2022 budget have been identified recently, to include accounting for insurance reimbursements and expenditures related to the M ay 12 storm event, authorizing funds for a salary survey and cyber insurance, increases related to personnel changes, and cleaning up our Economic Development, Special Assessment, TIF, and Capital Project budgets. Item Details: Part 1  The City wanted to show appreciation for staff who responded to the May 12 storm event by providing a luncheon.  The City’s salary survey consultant is booking projects 6-8 months out. As the City desires to have an updated salary survey completed around the end of Q1 2023 for the 2024 budget process, it is pertinent to move forward and get on the salary survey consultant’s schedule. Dept./Fund Increase/(Decrease) Amount Description Human Resources 3,000 Employee Appreciation Lunch - May 12 Storm Recovery Human Resources 12,000 Salary Survey Community Development 2,300 Community Development Office Manager City Clerk 7,300 Deputy City Clerk Non-Departmental Expenditure (24,600) Contingency Transfer for salary survey, employee appreciation lunch, and personnel changes  Personnel changes in the Community Development Office Manager and Deputy City Clerk positions require adjustments to the 2022 budget, which will be covered by a transfer of City Manager’s Contingency Funds. Part 2  Per Ordinance 22-001, the City Council authorized $100,000 of economic development reserves for the Economic Development Master Plan. This Ordinance transfers the budget authority for the reserves to be taken from the CIP Fund’s economic development reserves rather than the General Fund.  Per Ordinance 22-008, the City Council authorized $20,000 of economic development reserves for exploration of opportunities to develop the Marketplace property. This ordinance increases the transfer budget in the CIP Fund to utilize these reserves. Part 3  The City is underinsured with its current cyber insurance coverage level limit of $500,000 coverage. The City received a quote from Coalition for cyber insurance for one year with a $2,000,000 coverage limit.  The requested funds will be used to pay for the cyber insurance coverage with Coalition. The City can use the savings from the worker’s compensation audit premium refund to offset the cost of this additional cyber insurance coverage. Part 4  The City has received insurance reimbursements less the deductible for structural damage caused by the May 12 storm event.  Uninsured costs include contracted tree removal and hauling, as well as other miscellaneous expenditures related to the storm. FEMA funding is anticipated to cover a portion of this, however an estimate is not available at this time. Dept./Fund Increase/(Decrease) Amount Description General Fund (100,000) Move budget authority to CIP Fund for use of Economic Development Reserves CIP Fund 100,000 Transfer of budget authority from General Fund to CIP Fund for use of Economic Development Reserves CIP Fund 20,000 Additional CIP Fund transfer of Economic Development reserves to General Fund for Marketplace exploration. General Fund 20,000 Additional CIP Fund transfer of Economic Development reserves to General Fund for Marketplace exploration. Dept./Fund Increase/(Decrease) Amount Description Information Technology 26,454 Cyber insurance coverage increase Non-Departmental Revenue 34,928 Worker's Compensation Audit Premium Refund Dept./Fund Increase/(Decrease) Amount Description Non-Departmental Revenue 982,432 Insurance Reimbursement Net of Deductible Non-Departmental Expenditure 1,300,000 Estimate of total expenditures for May 12 Storm Recovery Part 5  Part A: In 2021, the annual street and sidewalk special assessment project bids were rejected, as they came in higher than expected. This amendment authorizes an additional $121,000 to the street and sidewalk improvements budget to account for the additional improvements planned for this year . A resolution will be presented at the next Council meeting for an interfund advance from the CIP fund, which will cover the up-front costs of these additional improvements. This will be paid back as special assessment revenue is received.  Part B: This amendment adds TIF1 revenues and the State Revolving Fund loan payment amounts to the budget that were not included in the original 2022 appropriation ordinance.  Part C: Resolution 22-034 authorized a loan from the General Fund to the TIF 1 Capital Project Fund. This amendment simply adds those totals to the budget for presentation purposes.  Part D: The final pay request for the S. Main and 34th Avenue Project Fund was received at the beginning of this year. The transfer of $7,500 to this fund will close the project.  Part E: The expenditure budget for the 20th Street interchange was included in the original 2022 appropriation ordinance. This amendment adds the expected contributions from Brookings County and a private donor, as well as expected reimbursements from the South Dakota Department of Transportation.  Part F: This amendment recognizes the Community Development Block Grant funds and related construction expenditures for the Brookings Food Pantry project. Legal Consideration: None. Strategic Plan Consideration: This action supports fiscal responsibility by increasing budget authority for anticipated expenditures and increasing transparency regarding City operational needs. Dept./Fund Increase/(Decrease) Amount Description A Special Assessments Fund 121,000 Additional street and sidewalk improvements B TIF 1 - Innovation Campus 544,891 Anticipated TIF Revenues B TIF 1 - Innovation Campus 33,509 SRF Loan Payment B TIF 1 - Innovation Campus 11,168 SRF Loan Payment C General Fund 1,752,140 Transfer to Innovation Campus Project C TIF 1 - Innovation Campus - Project 1,752,140 Innovation Campus Project Budget C TIF 1 - Innovation Campus - Project 170,000 Innovation Campus Project Budget C TIF 1 - Innovation Campus - Project 1,582,140 Innovation Campus Project Budget D S. Main & 34th Ave. Project 7,500 Final pay request D S. Main & 34th Ave. Project 7,500 Final pay request D CIP Fund 7,500 Final pay request E 20th Street Interchange 2,498,280 Anticipated County & Private Contributions & DOT Reimbursements F Brookings Food Pantry Project 1,613,500 Grant funds awarded for project F Brookings Food Pantry Project 1,613,500 Estimated construction costs Financial Consideration:  Part 1 transfers budget authority from the City Manager’s Contingency account to accounts in the Human Resources, Community Development, and City Clerk departments, resulting in zero impact to the overall budget.  Part 2 balances the fund transfer budgets for economic development reserves. The related expenditures were budgeted in previous ordinances, meaning these transactions have zero impact to the overall budget.  Part 3 increases expenditure budget authority in the Information Technology Department, which is offset by the Worker’s Compensation Audit Premium Refund. This impacts the budget favorably by $8,474.  Part 4 increases the expenditure budget in the Emergency Event Expenditure account, which is partially offset by insurance reimbursements, resulting in a net increase to the expenditure budget of $317,568. The majority of these additional expenditures are expected to be recovered with FEMA funding, as an emergency declaration was signed on June 29, 2022.  Part 5A: $121,000 additional budget authority to be funded by an interfund advance from the CIP Fund and paid back as special assessment revenue is received.  Part 5B: Expected 2022 TIF 1 Revenues exceed State Revolving Fund loan payment by $500,215.  Part 5C: TIF1 Capital Project expenditures of $1,752,140 are being covered by a loan from the General Fund per Resolution 22-034.  Part 5D: The Final Pay Request for the S. Main & 34th Avenue Project is being covered by a transfer from the CIP Fund of $7,500.  Part 5E: Accounts for expected revenues from the Brookings County and private donor portions of the 20th Street Interchange project, which are expected to be $2,498,280, and will offset expenditures initially paid by the City.  Part 5F: Accounts for the grant revenues of $1,613,500 and construction expenditures in the same amount, resulting in no budget impact. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Memo Ordinance Ordinance 22-029 An Ordinance Authorizing Budget Amendment No. 7 to the 2022 Budget Be It Ordained by the City of Brookings, South Dakota: Whereas, State Law (SDCL 9-21-7) and the City Charter (4.06 (a)) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it becomes due. Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following budget adjustments to the 2022 budget: PART 1: Contingency Transfer for Employee Appreciation Lunch and Salary Survey, and personnel changes in the Community Development and City Clerk departments. Dept. / Fund Budgetary Account Account Name Increase/(Decrease) Amount Description Human Resources 101-414-5-856.45 Employee Recognition $3,000 Employee Appreciation Lunch: May 12th Storm Recovery Human Resources 101-414-5-422-03 Consulting & Engineering $12,000 Salary Survey Community Development 101-418-5-101-00 Regular Pay $2,300 Community Development Office Manager City Clerk 101-403-5-101-00 Regular Pay $7,300 Deputy City Clerk Non-Depart. Expenditure 101-405-5-856-97 City Manager’s Contingency ($24,600) Contingency Transfer for salary survey, employee appreciation lunch, and personnel changes Part 2: Balance transfer budgets for use of economic development reserves Dept. / Fund Budgetary Account Account Name Increase/(Decrease) Amount Description General Fund 101-000-7-899-05 Transfer Out ($100,000) Move budget authority to CIP Fund for use of Economic Development Reserves CIP Fund 213-000-7-899-05 Transfer Out $100,000 Transfer of budget authority from General Fund to CIP Fund for use of Economic Development Reserves CIP Fund 213-000-7-899-05 Transfer Out $20,000 Additional CIP Fund transfer of Economic Development reserves to General Fund for Marketplace exploration General Fund 101-000-6-700-03 Transfer in from CIP Fund $20,000 Additional CIP Fund transfer of Economic Development reserves to General Fund for Marketplace exploration PART 3: Increase budget for Cyber Insurance Coverage and Worker’s Comp Refund Dept. / Fund Budgetary Account Account Name Increase/(Decrease) Amount Description Information Technology 101-416-5-421-00 Insurance $26,454 Cyber insurance coverage increase Non- Departmental Revenue 101-000-4-669-08 Workers Compensation Refund $34,928 Worker’s Compensation Audit Premium Refund PART 4: Increase budget for May 12 storm recovery expenditures and insurance reimbursements. Dept. / Fund Budgetary Account Account Name Increase/(Decrease) Amount Description Non- Departmental Revenue 101-405-4-441-08 Reimbursed Expense $982,432 Insurance Reimbursement Net of Deductible Non- Departmental Expenditure 101-405-5-429-03 Emergency Event Expense $1,300,000 Estimate of total expenditures for May 12 Storm Recovery PART 5: Add budget authority for Special Assessments, TIF 1 and Capital Project Funds Dept. / Fund Budgetary Account Account Name Increase/(Decrease) Amount Description A Special Assessments Fund 280-000-5-960-00 Street & Sidewalk Improvements $121,000 Additional Street and sidewalk improvements B TIF 1 – Innovation Campus 314-000-4-111-04 Current TIF Taxes $544,891 Anticipated TIF Revenues B TIF 1 – Innovation Campus 314-000-5-601-00 Principal Payment $33,509 SRF Loan Payment B TIF 1 – Innovation Campus 314-000-5-602-00 Interest Payment $11,168 SRF Loan Payment C General Fund 101-000-7-899-05 Transfer Out $1,752,140 Transfer to Innovation Campus Project C TIF 1 – Innovation Campus - Project 514-000-6-700-00 Transfer in from General Fund $1,752,140 Innovation Campus Project Budget C TIF 1 – Innovation Campus - Project 514-000-5-450-08 Designing Fees $170,000 Innovation Campus Project Budget C TIF 1 – Innovation Campus - Project 514-000-5-429-09 Other Project Expenses $1,582,140 Innovation Campus Project Budget D S. Main & 34th Ave. Project 523-000-5-940-00 Other Capital $7,500 Final pay request D S. Main & 34th Ave. Project 523-000-6-700-04 Transfer in from CIP Fund $7,500 Final pay request D CIP Fund 213-000-7-899-25 Transfer Out – Main Ave S $7,500 Final pay request E 20th Street Interchange 528-000-4-441-08 Reimbursed Expense $2,498,280 Anticipated County & Private Contributions & DOT Reimbursements F Brookings Food Pantry Project 533-000-4-334-07 Grants $1,613,500 Grant funds awarded for project F Brookings Food Pantry Project 533-000-5-911-00 Buildings & Structures $1,613,500 Estimated construction costs All ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: August 9, 2022 Second Reading: August 16, 2022 Published: CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 22-027,Version:2 Public Hearing and Action 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. 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 8/4/2022Page 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:2 Public Hearing and Action 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. 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 8/4/2022Page 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 #:RES 22-062,Version:1 Action on Resolution 22-062, a Resolution adopting the Special Assessment Policy. Summary: The special assessment policy will address financial terms for all special assessments not addressed by state statute. Recommendation: Staff recommends approval. Attachments: Memo Resolution Policy City of Brookings Printed on 8/4/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Charlie Richter, City Engineer Council Meeting: August 9, 2022 Subject: Special Assessment Policy Person(s) Responsible: Charlie Richter, City Engineer Summary: The special assessment policy will address financial terms for all special assessments not addressed by state statute. Background: South Dakota state statute details the procedure on how to establish a special assessment but leaves cities to determine the financia l terms for those assessments. Historically, the City charged 10% for utilizing the municipal financing of assessed projects. This policy would define those terms for projects moving forward in a more equitable fashion. This item was brought to City Council for discussion at a study session in May 2022. Item Details: The Special Assessment Policy shall be applied to all special assessments. The State of South Dakota clearly defines the procedure on how to establish a special assessment, but leaves cities to determine the financial terms for those assessments. This policy will define the financial terms of the assessment, including the number of years an assessment can be paid over, interest rate, and the minimum assessment which can be paid in installments. The financial terms for assessments defined in the policy are:  Term of financing shall depend on the type of project being assessed i. Sidewalks and Alleys: 5 Years ii. Roadways and Utility Work: 10 years  Annual interest rate charged shall be calculated by the following formula = FHLBank Chicago 10-year Fixed Rate (%) + 3.5%  Any assessment under $300 would be assessed in one payment. The term of financing is consistent with what has been used for similar projects in the past. The typical interest rate used in the past has been 10%, but it was never linked to a standard. Linking the interest rate to a well-known standard promotes consistency and equity while considering market conditions. This rate was discussed at a previous study session and has been revised based on those comments. The minimum dollar threshold for financing over multiple yearly installments will be $300. A higher threshold was proposed at a previous study session, but it was felt that the threshold proposed in this policy was more equitable. $300 has been the threshold used for sidewalk assessments for many years and is consistent with past assessments. These terms will be included in the Resolution of Necessity to inform residents of what is being proposed. Legal Consideration: State statute allows cities to set the financial terms for special assessments on a case by case scenario or by policy. Strategic Plan Consideration: Fiscal Responsibility – This policy will provide financial transparency to residents being assessed for Special Assessment projects. Financial Consideration: The City will finance these projects consistent with terms that have been used for past Resolution of Necessities with a revised interest rate that is linked to a well-known interest rate standard. Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Policy Resolution 22-062 A Resolution Adopting the City of Brookings Street Assessment Policy Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, the City of Brookings recognizes the need to have a consistent policy for establishing the financing terms in the resolution of necessity and in the collection of special assessments. Now, Therefore, Be It Resolved that the City Council of the City of Brookings adopts the following Special Assessment Policy A. The City shall follow SDCL 9-43-75 through 9-43-101, and SDCL 9-46-1 through 9-46-11 when determining a project for special assessment. B. The proposed Resolution of Necessity shall also include whether the special assessments are payable under Plan One (Collection by the County Finance Office) or under Plan Two (Collection by the City’s Finance Office). In addition, the proposed Resolution of Necessity shall also include the number of annual installments and interest rate payable on the unpaid balance of special assessments. C. Once a project has been completed after a Resolution of Necessity has been approved by the City Council, the project shall be assessed in accordance to SDCL 9-43-102 through 9-43-139. D. If the City chooses to assess under Plan One-Collection by County Treasurer specified in SDCL 9-43-102, the following financing terms shall apply if the assessment is not paid in full within 30 days of the assessment roll adopted by City Council: a. Term of the financing shall depend on the type of project being assessed: i. Sidewalks and Alleys: 5 Years ii. Roadways and Utility Work: 10 years b. Annual interest rate charged shall be calculated by the following formula = FHLBank Chicago 10-year Fixed Rate(%) + 3.5% c. Any assessment under $300 would be assessed in one payment. Passed and approved this 9th day of August, 2022. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk 1 | P a g e City of Brookings Policy: Title: Special Assessment Policy – Collection of Assessments Issue Date: TBD Updated: July 21, 2022 Section: TBD Policy Source: Public Works Department Policy Audience: City Council, Staff and public Total Pages: 2 I. PURPOSE To establish a written policy for setting the financing terms in the resolution of necessity and for collecting special assessments. II. POLICY The City recognizes the need to have a consistent policy for establishing the financing terms in the resolution of necessity and in the collection of special assessments. This policy outlines the City’s financial terms for special assessment projects. III. DEFINITIONS A. Resolution of Necessity: As defined by SDCL 9-43-82, is a resolution approved by City Council deeming it necessary that a local improvement be financed by a special assessment. B. SDCL: South Dakota Codified Laws. C. Federal Home Loan Bank (FHLBank) Chicago 10-year Fixed Rate: The 10 year fixed rate for residential single-family homes as calculated by the FHLBank Chicago(www.fhlbc.com). The rate will be determined two weeks prior to the Resolution of Necessity is heard at City Council. D. Special Assessment: A financing instrument that allows payment for improvements by those who benefit. IV. ADMINISTRATION A. The City shall follow SDCL 9-43-75 through 9-43-101, and SDCL 9-46-1 through 9- 46-11 when determining a project for special assessment. B. The proposed Resolution of Necessity shall also include whether the special assessments are payable under Plan One (Collection by the County Finance Office) or under Plan Two (Collection by the City’s Finance Office). In addition, the proposed Resolution of Necessity shall also include the number of annual 2 | P a g e installments and interest rate payable on the unpaid balance of special assessments. C. Once a project has been completed after a Resolution of Necessity has been approved by the City Council, the project shall be assessed in accordance to SDCL 9-43-102 through 9-43-139. D. If the City chooses to assess under Plan One-Collection by County Treasurer specified in SDCL 9-43-102, the following financing terms shall apply if the assessment is not paid in full within 30 days of the assessment roll adopted by City Council: a. Term of the financing shall depend on the type of project being assessed: i. Sidewalks and Alleys: 5 Years ii. Roadways and Utility Work: 10 years b. Annual interest rate charged shall be calculated by the following formula = FHLBank Chicago 10-year Fixed Rate (%) + 3.5% c. Any assessment under $300 would be assessed in one payment. Approved: Paul Briseno, City Manager 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 #:RES 22-063,Version:1 Action on Resolution 22-063, a Resolution authorizing the distribution of American Rescue Plan Act funds for the City of Brookings. Summary: The distribution of City ARPA funds was discussed at the July 19th Work Session. Based on City Council’s discussion, staff recommends approval of a resolution which assists multiple partner agencies to address issues identified from surveys. If approved, approximately $2.2 million will be distributed for the Ivy Center expansion ($1.2 million), BEDC Child Care facility and coordinator ($580,000), Brookings Area Habitat for Humanity ($110,000), Inter-Lakes Community Action Partnership ($110,000), and a Workforce Housing Project ($200,000). Recommendation: Staff recommends approval of the resolution as presented. Attachments: Memo Resolution Project Outline - Brookings Area Habitat for Humanity Project Outline - Brookings Behavioral Health & Wellness Project Outline - Brookings Economic Development Corporation Child Care Coordinator Project Outline - Brookings Economic Development Corporation Child Care Facility Project Outline - Clark Drew Construction Workforce Housing Project Project Outline - Inter-Lakes Community Action Partnership City of Brookings Printed on 8/4/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul M. Briseno, City Manager Council Meeting: August 9, 2022 Subject: ARPA Distribution of Funds Presenter: Paul M. Briseno, City Manager Summary: The distribution of the City’s American Rescue Plan Act (ARPA) funds was discussed at the July 19th City Council Study Session. Based on City Council’s discussion, staff recommends approval of a resolution that assists multiple partner agencies to address issues identified from surveys. If approved, approximately $2.2 million will be distributed for the Ivy Center expansion ($1.2 million), Childcare facility and administration ($580,000), Habitat for Humanity ($110,000), ICAP ($110,000) and City Workforce Housing Project ($200,000). Background: The City of Brookings’ allocation from ARPA is $4.4 million. The City’s first deposit of $2.2 million was received in September 2021, and the second deposit will be received in September 2022. To better understand the community’s needs, the City engaged Baker Tilly and Polco to conduct surveys of targeted community stakeholders, business owners, and residents. Polco administered two (2) surveys on behalf of the City. The top funding priorities for residents were: behavioral healthcare, housing, and healthy childhood environments. The top funding priorities for businesses were: behavioral healthcare, healthy childhood environments, and economic aid to households for housing, food, or other financial hardships. The Baker Tilly survey targeted key community stakeholders, including non-profits, economic development, and City partners. The stakeholders responded and indicated funding priorities of child care, stormwater, affordable housing, mental health, cybersecurity, and broadband. At the July 19th Study Session, Council discussed the distribution of $2.2 million to partner agencies to address needs identified within the surveys. Agencies were given the opportunity to provide insight into specific projects. Staff requested each agency provide an outline of their projects, requests, and outcomes. Item Details: Based on the July 19th Study Session, staff recommends the passage of a resolution that distributes ARPA funds based on the following: Brookings Community $1,200,000 Behavioral Health (Ivy Center) $ 500,000 Childcare (BEDC) $ 80,000 Childcare Coordinator (BEDC) $ 110,000 Housing (Habitat) $ 110,000 Housing (ICAP) $ 200,000 Workforce Housing (City Project) $2,200,000 Brookings Community The ARPA funds can assist partner agencies that serve the community. The survey identified behavioral health, childcare, housing, and infrastructure as the top need within the community. Agencies should adhere to the following:  Funds should be used for capital or one-time purchases o Should not create an ongoing unfunded obligation/liability  Organization/program must be financially sustainable after city funds expire  Partner agencies will provide an annual report identifying the impact of stated outcomes to the Council for the next two years beginning August 2023  All funded projects must adhere to the City’s vision and policies Based on the July 19th Study Session, entities provided a brief outline of each project, request, and outcome. If approved staff will construct agreements for funding distribution based on each project outline. Legal Consideration: Funds will be utilized by legislative requirements and guidance. Strategic Plan Consideration: Fiscal Responsibility – ARPA funds will be utilized in a manner determined to best benefit and meet the community’s needs. Financial Consideration: The City of Brookings’ American Rescue Plan Act funding allocation is $4.4 million. Staff recommends utilizing $2.2 million for infrastructure and COVID needs and focusing the remaining funds on addressing the needs communicated within the surveys. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Project Outline - Brookings Area Habitat for Humanity Project Outline - Brookings Behavioral Health & Wellness Project Outline - Brookings Economic Development Corporation Child Care Coordinator Project Outline - Brookings Economic Development Corporation Child Care Facility Project Outline - Clark Drew Construction Workforce Housing Project Project Outline - Inter-Lakes Community Action Partnership Resolution 22-063 A Resolution Authorizing the Distribution of American Rescue Plan Act Funds Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, in response to the impacts of COVID the federal government passed the American Rescue Plan Act that allocated funds to local governments to address community needs; and Whereas, the City of Brookings conducted two surveys of the public, businesses, and community partners to identify the impact and needs of COVID with in the Brookings Community; and Whereas, the City of Brookings held multiple public discussions of survey outcomes and funding requests; and Whereas, Agencies who receive City of Brookings ARPA dollars will adhere to requirements including the utilization of funds for capital or one-time purchases, projects will not create an ongoing unfunded obligation/liability of the city, projects or programs will be financially sustainable after city funds expire, an annual report identifying the impact of stated outcomes to will reported for two years commencing August 2023 and all funded projects must adhere to the City’s vision and policies; and Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota, as follows: A. That the City of Brookings will distribute $2.2 million in APRA funds to the following for purposes set forth within project outlines; and Ivy Center for an Expansion Project $1,200,000 Brookings Economic Development Corporation for a Child Care Facility $ 500,000 Brookings Economic Development Corporation for a Child Care Coordinator $ 80,000 Habitat for Humanity for Affordable Housing Development in Brookings $ 110,000 ICAP for Affordable Housing Projects in Brookings $ 110,000 City of Brookings Workforce Housing Project $ 200,000 B. That the City Manager is authorized to execute the required agreements and details to satisfy the direction of this Resolution. Passed and approved on the 9th day of August, 2022. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Brookings Area Habitat for Humanity Request for Support Overview Let’s build impact together. The need for affordable housing never has been more urgent. The COVID -19 pandemic has lain bare what we have known for many years: decent housing is essential for all families. One in 11 of South Dakota’s families are paying more than half their income for housing; in Brookings, that means 800 of our neighbors. Additionally, over 2,500 families are paying in excess of 30% of their gross monthly income for housing. That should be socially, politically and morally unacceptable. We must do more. We must do it faster. We must do it with more impact, and we must work with others to expand our reach and depth. Our methods will vary, but all of effort must drive us closer to the day when everyone has a decent place to live. Our Mission Vision Vision Our Vision A world where everyone has a decent place to live. Our Principles 1. Demonstrate the love of Jesus Christ 2. Focus on shelter 3. Advocate for affordable housing 4. Promote dignity and hope 5. Support sustainable and transformational development Motivated by the belief that each of us is called to act justly, love mercifully and walk humbly with our God, we seek to be a partner and catalyst in building communities where everyone has the opportunity to thrive. We believe that no one lives in dignity until everyone lives in dignity. When the broad community is engaged in addressing the urgent need for adequate, affordable shelter, we all become less vulnerable and more resilient. In bringing people together, we practice a philosophy of “a hand up, not a hand out,” and build on existing community assets: financial, physical, natural, human, social, and spiritual. In seeking truly transformed communities, we view bringing people together not only as a way to deliver a product – improved housing – but as an essential process for building hope and the belief that healthier communi ties are achievable and beneficial for all. When we work together, statistics become faces with names, stereotypes are broken, and everyone has the opportunity both to give and receive. Seeking to put God’s love into action Habitat for Humanity brings people together + = to build homes, communities, and hope. OUR MOTIVATION OUR METHOD OUR IMPACT Our mission, vision and principles are central to our theory of personal and community change. We view our work as successful when lives are transformed and when positive and lasting social, economic and spiritual change is promoted within a community. Authentic transformation changes the lives of all who participate: tho se who need housing, volunteers, advocates, donors and, development practitioners. Housing as both a process and a product is necessary to create lasting family and community impact. Housing as a product improves household health and well-being, leading to increased time on the job and in school, and thus contributing to family income and education, both essential to breaking the cycle of poverty. Housing as a process focuses on building community cohesion that in turn can lead to systemic change, more br oadly reducing vulnerability to the cycle of poverty. Opportunities for Support We are humbling asking for the City of Brookings to allocate $110,000 to support our work. This investment will return dividends in perpetuity and have immediate effect on one family who will move into their home before 8/1/2024. Since our founding we have partnered with families over 80 families in Brookings, Brookings County, Madison and Lake County. Our work in Brookings includes the removal of four blighted properties, 924 3rd Avenue, 723 3rd Street, 311 8th Avenue, and a twin home on what use to be 919 6th Avenue. Three families are now living where blight existed before, and two more families will soon be moving into their very own homes. Our work involves the creation of Pactola Cove where 15 families live within walking distance of the Camelot school and we have just begun on our largest project, River Run. This investment will be turned into mortgages that families will repay. Those mortgage payments will be turned into new mortgages that will be invested into even more families who will, in turn repay their mortgages making it possible for even for families to live in safe and durable shelter. Should you have questions, please contact: Dan McColley Lead Mission Officer Brookings Area Habitat for Humanity dan.mccolley@brookingshabitat.org (605) 697-2540 August 1, 2022 Mr. Paul Briseno City Manager City of Brookings 520 Third Street, Suite 230 Brookings, SD 57006 RE: Brookings Behavioral Health & Wellness Funding Request – One Time ARPA Funds This letter is submitted to your attention to request that the City Council of Brookings approve an allocation of $1.2 million for one-time capital needs to Brookings Behavioral Health & Wellness from the available ARPA funds. BBHW is a private, not-for-profit corporation registered in the State of South Dakota and founded in 1971. BBHW is recognized as a 501(c)(3) organization by the Internal Revenue Service and is accredited as both a community mental health center and community substance abuse treatment center. BBHW is one of eleven community mental health centers in the State and is the designated center for Brookings County. BBHW contracts with the State of South Dakota (on a “fee-for-service” based) to serve the special needs of the State’s most critically, behaviorally, challenged individuals; including adults diagnosed as “Severely Mentally Ill” (SMI) and children/adolescents diagnosed as “Severely Emotionally Disturbed” (SED). BBHW also provides a full range of community-based individual, couple and family therapy, mental health and substance use disorder services to Brookings County residents. In addition to state contracts, BBHW receives revenue from Medicare, Medicaid, Private Insurance, and Private Pay billing. These additional funding sources have continued to increase over the last several years as our agency profile has risen and the reputation of our clinicians and services have improved. This has allowed us to serve a broader base of Brookings County residents. Proposed project Brookings Behavioral Health & Wellness (BBHW) is planning a building renovation and expansion to support the growth of the organization. The current building housing BBHW was built in 1976 and is roughly 6000 square feet. At an estimated 400 sq ft per clinical staff member, this was an appropriate size for the organization at 15 staff members. We currently have 20 clinical staff and 5 administrative staff. We are proposing to add 14,000 sq ft with new construction and renovation of our existing structure. This would get us to 20,000 sq ft which would accommodate continued growth of clinical staff as well as provide appropriate space for groups, community education events, staff training, etc. This project will take place in two phases. Phase I will include the building of a new structure to the north and west and include a main floor and basement. Phase II will include renovation of the existing structure and expansion to the west. Completing the work in the proposed two phases will allow for operations to continue on-site with minimal disruption to staff and clients of BBHW. The goal is to initiate construction in Q2 of 2023 with project completion by Q2 of 2024. The estimated project cost is $3.6 million which is consistent with current construction costs of $180 - $200/sq ft. Funding request Given a total project cost of $3.6 million, BBHW is asking the City of Brookings to contribute $1.2 million toward this project in the form of a one-time allocation from available ARPA funds. BBHW has also requested $1.2 million from Brookings County as well as initiated a private capital campaign for the remaining $1.2 million. Outcomes as it relates to the priority areas As the designated Community Behavioral Health Center for all of Brookings County, we have a direct impact on the identified priority area of mental health care. BBHW is distinguished from private mental health providers and other organizations by the public assistance and support role it fulfills. Professional behavioral health services are provided to everyone regardless of ability to pay for those services. This means that the comprehensive array of services offered by BBHW are available to the residents of Brookings County who would not otherwise have the financial means to access necessary behavioral health services. The BBHW professional multi-disciplinary staff offer a broad array of services to meet the special needs of individuals, families, the Brookings County schools, the county, circuit and state correctional systems, courts, and other community agencies. Metrics that can be measured over the next two years BBHW is accredited by the State of South Dakota Division of Behavioral Health to provide both mental health and substance use services. Because of this, we have strict clinical and administrative outcomes that are measured on a monthly, quarterly, and annual basis. Additionally, we undergo an accreditation site visit every two years. Examples of these outcomes includes a review of access to services, clinical documentation, quality of service provision, client recidivism, and client reported improvement in symptoms or functioning. Assurance guidelines can be met or reasons why they cannot The members of the BBHW leadership team have combined experience of more than 75 years in behavioral health service provision, program development and management, and non-profit management. Additionally, the teams Associate Director and Clinical Director have 23 years and 11 years respectively, of tenure with the organization. Under the leadership of this team over the last 4 years alone, BBHW has more than doubled its annual budget, improved partnerships within the community, expanded programs, and served more individuals in Brookings. BBHW continues to assess our efforts in the community and make changes accordingly to improve the quality and quantity of services provided. This project directly supports that effort in allowing us the space to meet the service needs of this community. Any additional information In addition to the comprehensive behavioral health services offered by our clinicians, BBHW also provides 24/7/365 emergency services to Brookings County. At all times, there is a behavioral health professional available to provide emergency services. These professionals all work as full-time clinicians at BBHW, then rotate in providing evening, weekend, and holiday emergency coverage. Emergency services are provided anywhere needed at any time of day or night and regardless of whether the emergency involves mental health, drug, alcohol, or any other problem identified by the caller as an emergency. To address challenges encountered during crisis intervention in our community, BBHW has led a quarterly stakeholder meeting to ensure open communication, partnership, and problem solving when it comes to managing mental health or substance abuse crisis in the community. BBHW clinical and administrative leadership is actively involved with community initiatives to support the improvement of crisis care. These include assisting in the planning, implementation, and execution of Crisis Intervention Team (CIT) training for law enforcement and first responders, participation in the pilot eCare program in Brookings County, and having trained individuals participate on the CISM (Critical Incident Stress Management) team to support law enforcement and first responders following a traumatic event. As described in previous presentations, the number of referrals for service and calls for crisis service have gone up exponentially over the last year. Below is a summary of data of emergency calls from January 1 – December 31, 2021. Total # of Calls # of Individuals Served Contact Hours 408 573 241 hours Below is a summary of data of emergency calls from January 1 – June 30, 2022 Total # of Calls # of Individuals Served Contact Hours 382 499 217 hours This project will have a direct and significant impact on our ability to provide the quantity and quality of services to Brookings residents who need it and allow us to continue meeting our mission: to provide comprehensive, integrated behavioral health services that promote personal well-being and quality of life for all. The vision of BBHW is to inspire confidence and respect as a leader and partner in the delivery of comprehensive behavioral health services and to collaborate with community partners to actively fulfill the mission. We greatly appreciate the support and partnership the City of Brookings has provided, and we look forward to continuing this partnership as we strive to provide Brookings residents with access to quality behavioral health care. Sincerely, Mary Beth Fishback, MSPAS, MPH Executive Director Brookings Behavioral Health & Wellness Child Care Coordinator Grant Request The BEDC is requesting $80,000 grant from the City of Brookings American Rescue Plan Act (ARPA) allocation to fund a 3 year program to increase the number of available licensed, child care slots in Brookings County. The Child Care Coordinator will be collaborating with the Department of Social Services, the Child and Family Resource Network, Brookings Area United Way, and other stakeholders to create and execute capacity building strategies. Engaging with the Brookings Early Care and Education Collaborative, the Coordinator will be working towards the goal of addressing child care accessibility issues within the community by researching and strategizing ways to support Brookings’ child care supply. Fulfilling A Community Need The Brookings Early Care and Education (BECEC), and the BEDC in coordination with First Children’s Finance completed a Brookings County Child Care Supply Plan. The plan’s need analysis shows a shortage of 915 slots for children under the age of five with all parents in the workforce. There are 628 registered and licensed child care slots with an estimated need of 1,544. The report states that a portion of the need is currently supported through unregistered care, work force under-employment, and parents working different shifts. In the 2020 Brookings County Child Care Survey, respondents shared that many families would prefer licensed child care. In that same survey, respondents stated the concern of not having enough child care options and available slots. The City of Brookings surveyed organizations and citizens on the use of the ARPA funds provided to the City. Child care was on one of the top three priorities. The Program will: • Engage with Brookings business leaders to address the challenges of child care, such as Early Childhood Education workforce issues and family friendly work practices • Partner with the BECEC to promote licensed care and to address barriers for child care providers within the registration process as well as assisting licensed child care programs expanded or starting new programs. • Conduct recruitment and marketing strategies to identify new possible licensed and registered child care opportunities, including connecting with South Dakota State University’s Early Childhood Education and Human Development programs. • Develop partnerships with current registered and licensed child care programs to support the challenges they face and look to developing programs to assist with situations, such as workforce issues. • Research at a localized level to gather the needs and challenges the Brookings area is facing. This research will include specifics of what employers consider a priority with the issue of low child care, the challenges facing child care programs and their staff, and the needs of families. This program will be assisting families in making informed decisions on child care needs. Partnerships The BEDC will work with community organizations to match the funds. Before the funds from the City are released commitments of matching funds at the level of 2:1 will be secured. The program will be delivered by an partner organization with the capability and talents required for success. Outcome and Metrics of Success The goal of the program is to add registered and licensed child care slots by 40. Licensed slots can be subsidized by the State based on an income sliding scale. Data is not available on the need for subsidized slots but the number of subsidized slots will be measured and reported. Child Care Facility Grant Request The BEDC is requesting $500,000 grant from the City of Brookings American Rescue Plan Act (ARPA) allocation to complete a $1.5M Child Care Facility. The facility will be constructed in the City of Brookings to increase the number of available licensed, birth to 5-year-old child care slots. This facility would be leased to an organization or individual at a discounted rate to operate a child care center. Fulfilling A Community Need The Brookings Early Care and Education (BECEC), and the BEDC in coordination with First Children’s Finance completed a Brookings County Child Care Supply Plan. The plan’s need analysis shows a shortage of 915 slots for children under the age of five with all parents in the workforce. There are 628 registered and licensed child care slots with an estimated need of 1,544. The report states that a portion of the need is currently supported through unregistered care, work force under-employment, and parents working different shifts. In the 2020 Brookings County Child Care Survey, respondents shared that many families would prefer licensed child care. In that same survey, respondents stated the concern of not having enough child care options and available slots. The City of Brookings surveyed organizations and citizens on the use of the ARPA funds provided to the City. Child care was on one of the top three priorities. Partnerships The BEDC will work with community organizations to build and operate the center. Before the funds from the City are released commitments of matching funds at the level of 2:1 will be secured. Also, an organization to build and own the building will be identified and presented to the City for approval. The building organization will follow the City of Brookings, Green Building Practices per Resolution 22-010 and American Disability Act Policies. Detailed plans for the facility will be shared with the City for review. Outcome and Metrics of Success The goal of the facility is to add licensed child care slots for birth to 5-years-old by 80. Licensed slots can be subsidized by the State based on an income sliding scale. Data is not available on the need for subsidized slots but the number of subsidized slots will be measured and reported. 302 32nd Ave S Brookings, SD 57006 605-692-9063 Fax 605-692-1418 www.clarkdrewconstruction.com July 27th, 2022 City of Brookings City Council RE: Workforce Housing 15th Street Brookings Workforce housing was identified as a need in the 2022 City of Brookings Housing Study. Thank you for your consideration of ARPA funds for this project. The project consists of 7 buildings with 20 living units total. They will be a mix of du-plex, tri- plex, and quad designs ranging from 1,146 to 1,516 SF per living unit. Each home will be marketed for sale with the assistance of SDHDA and the city of Brookings from $189,700 to $224,800 Each building will have a mix of the following living unit options: 2-bed - 1-story design 1,146 SF $189,700 3-bed - 1-story design 1,336 SF $224,800 2-bed – 2-story design 1,269 SF $194,700 3-bed – 2-story design 1,516 SF $221,700 These homes are marketed to families that are gainfully employed, making less than 115% of area median income for Brookings County. The living unit must be the homeowner’s principal residence. The assistance from SDHDA and the City of Brookings will help homebuyers who have a steady income make monthly payments, but don’t have the means for the upfront costs of purchasing a home, or homebuyers that have a steady income that is insufficient to cover the total monthly payments in the competitive open market. The sale prices of each living unit meet the SDHDA definition of Affordable Housing. Meaning, the total housing cost, which includes rent, utilities, mortgage, and related expenses, represents no more than 30% of gross household income of 115% AMI. The homeowners will be qualified through income verification using the most recent tax returns adjusted gross income. The realtors and lending agents will be made aware of the income and deed restrictions for the properties. 302 32nd Ave S Brookings, SD 57006 605-692-9063 Fax 605-692-1418 www.clarkdrewconstruction.com Each living unit will be deed restricted to be affordable for a period of 10 years. This deed restriction will be filed with the register of deeds office and this deed restriction will come up during a title search of the property. If the property is sold during the deed restricted affordability period, the initial and subsequent owner of the property is entitled to receive a fair return on investment. Fair return on investment shall be defined as a sale price no greater than the increase or decrease in the value of the property bases on Federal Housing Finance Agency’s House Price Index and any capital improvements made to the property. SDHDA has committed $20,000 per living unit as a forgivable loan after 10 years. City of Brookings funding of $200,000 will fund $10,000 per unit and will be forgivable after 10 years. The land value of $360,000 will be deeded over from the City of Brookings to the developer and will equate to $20,000 per unit reduction in each living unit price. Market value of each living unit would be a total of $48,000 more if not for the assistance of SDHDA and the City of Brookings. This type of home development needs funds to reduce the entry level price for workforce housing considering escalating construction costs. Workforce housing needs can not be met without some government assistance to partner with developers. This project maximizes the land and infrastructure to reduce each living unit cost. Respectfully, James Drew Inter-Lakes Community Action Partnership (ICAP) is a community action agency serving 14 counties in East-Central South Dakota providing services to low-income and older participants since its inception in 1966. Using federal, state, local and private funds, the agency assists the residents of the service area to achieve and maintain their optimal level of economic and social self-sufficiency. The thrust of the Economic Opportunity Act of 1965, which established community action agencies, was that residents should have the ability to be involved in the design, implementation and delivery of programs and services aimed at helping them to move toward self-sufficiency.  Proposed project ICAP conducted an in-depth COVID impact community needs assessment in the Spring of 2021. The need for affordable housing, rental assistance, utility assistance and other basic needs were increasing. Further justifying the need exacerbated by COVID-19, and in coordination with South Dakota Housing Development Authority, ICAP assists with the SD CARES funding and has processed over 2,100 applications for rent, mortgage, and utility assistance in our service area alone. Homeowners in the City of Brookings are experiencing financial hardships due to the COVID-19 pandemic ravaging our entire nation. Many individuals and families have lost employment due to layoffs or massive reductions in the workforce or may have gotten ill themselves missing significant time away from work. While there are programs supporting rent and utility assistance, there are few offering temporary relief assisting with mortgage payments. Inflation caused by COVID-19 and other events affects ICAP’s clients, as it does everyone. Food prices continue to climb but the SNAP benefit formula for assistance has not changed. Price hikes at the gas pumps make it more difficult to fill up tanks to get to work and school. Landlords are also increasing their monthly rent which is increasing the likelihood that low- income clients will not be able to afford a good quality home or apartment, even for those clients that are on programs because of the FMR’s. Our programs cannot exceed FMR which makes it more difficult to house our clients. ICAP has experienced labor shortages as well. In response to the COVID-19 pandemic, ICAP is experiencing an increase in the volume of low- income families who need assistance with essential services such as emergency rent, mortgage, and utility payment assistance. Many of the low-income families we assist are employed in service-oriented trades such as restaurants, bars, hotels, etc. who have been hit especially hard by this outbreak. Many have been forced to close their business, resulting in workforce layoffs. Other business sectors have or will be impacted by this unprecedented event as well. ICAP aims to maintain stability of these families by assisting with housing stabilization and on-going education/referrals to other mainstream resources provided by our community partners. ICAP has identified a significant increase in financial needs for our clients since the COVID- 19 pandemic began. To address these needs, ICAP received COVID-19 emergency funding to help offset the cost of basic living. Those resources have since been depleted. Our funding amount has returned to pre-pandemic levels although the community need remains high. This additional funding from the city of Brookings would help meet the need for Rental Assistance, Security Deposits, Housing, and Weatherization Projects in the city of Brookings for our clients that don’t qualify for CSBG or Emergency Rental Assistance (ERA) support through South Dakota Housing Development Authority. ICAP is looking to enhance its Weatherization Assistance Program in Brookings to serve more low-income clients. COVID-19 has played a heavy hand in many areas including the costs of properly maintaining a home. Energy efficient improvements have come to the forefront in order to reduce the costs of operating and maintaining a home. Our Weatherization staff have seen an influx in clientele since the pandemic started. With the money received, ICAP would expand its services within the City of Brookings in order to reach more people who are in need of our services.  Funding request With the increased costs to administer our programs, ICAP continues to seek opportunities to maintain adequate funding to serve our low-income clientele. Any additional funding ICAP has received is directed towards client services instead of agency capacity building. The requested $110,000 ARPA funds from the City of Brookings would go towards our Rental Assistance, Housing, and Weatherization Programs to help ensure that ICAP remains in place so that the low-income residents in Brookings have the opportunity to continue their pursuit of self- sufficiency through our programs. Traditionally ICAP will weatherize approximately 7 homes and provide rental assistance to more than 34 families in the city of Brookings. The additional ARPA funds requested, could help provide weatherization for approximately 8 additional homes and 50 additional rental assistant services.  Outcomes as it relates to the priority areas ICAP is the administrative entity for all these programs. As such, the agency verifies eligibility, tracks data, collects fees as appropriate, and if necessary, removes participants from the programs. Thus, ICAP has the experienced management capacity and experience within affordable housing programs, along with new construction or purchase/rehab, in all locations within the service area.  Metrics that can be measured over the next two years ICAP uses a web-based client tracking program, CAP60, to maintain clientele data. Within this software program there are several reports that help ICAP measure our successful program outcomes depending on the services each individual family receives.  Assurance guidelines can be met or reasons why they cannot The members of ICAP’s management team have nearly 40 years of collective experience in the planning, development and operation of programs and services dealing with the diverse needs of low-income persons in eastern South Dakota. Under their guidance, ICAP has assisted several hundred homeless families in their movement toward economic and social self-sufficiency through the various programs offered at ICAP. The HOME Rehab and USDA Self-Help Rehab programs has assisted over 350 homeowners to provide needed repairs to their homes, thus preserving their property value and allowing the owners to continue to reside in their home communities. The Self-Help Housing program has allowed over 170 families in Aurora, Brookings, Flandreau, Valley Springs, Volga, and Watertown to construct their new homes, with a very conservative estimated value of over $30,000,000.  Any additional information As part of our most recent Needs Assessment that was completed in March 2022, we included data from the most recent US Census. According to the census, Brookings County has a population of 31,112 people. Of that population, 9,271 people or 29.80% of the population is at or below the 200% poverty level. This indicator is relevant because poverty creates barriers to access including health services, healthy food, and other necessities that contribute to poor health status. 3,985 of the total population is 65 and older and 4.3% of the elderly population is at or below the poverty level as well. ICAP’s service area has a population of 357,725 with 25.49% or 91,196 people below 200% poverty level. Brookings County has a higher poverty percentage than our agency average and that low-income population makes up 10.16% of the low-income population in our service area. 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 22-0320,Version:1 Executive Session, pursuant to SDCL 1-25-2.3, for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters. SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1.Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; 2.Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3.Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4.Preparing for contract negotiations or negotiating with employees or employee representatives; 5.Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or 6.Discussing information listed in subdivisions 1-27-1.5(8) and 1-27-1.5(17). However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1. City of Brookings Printed on 8/5/2022Page 1 of 1 powered by Legistar™