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Home My WebLink About2022_11_22 CC PKTCity Council City of Brookings Meeting Agenda - Final Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, November 22, 2022 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Action to approve the agenda. 4. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed or to make a brief announcement or invitation. Items will be scheduled at the end of the meeting. Individuals are asked to state their name and address for the record. 5. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion. At the request of any one Council Member or the City Manager, an item may be removed from the Consent Agenda and placed on the regular agenda whenever additional discussion on an item is necessary. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. 5.A.ID 22-0447 Action to approve City Council meeting minutes. 11/08/2022 Minutes 11/15/2022 Minutes Attachments: Page 1 City of Brookings November 22, 2022City Council Meeting Agenda - Final 5.B.ID 22-0423 Action on the 2023 City Council Meeting Calendar. 2023 CalendarAttachments: 6. Presentations/Reports: 6.A.ID 22-0456 Report: Hobo Days 2022 6.B.ID 22-0454 Report: SDSU Student Association. 7. Contracts/Change Orders: 8. Ordinance First Readings: No vote is required on the first reading of an Ordinance. The title of the Ordinance is read. Public Comment and Council discussion is permitted. The date for the second reading or public hearing is announced. 8.A.ORD 22-039 Introduction and First Reading on Ordinance 22-039, an Ordinance Authorizing Budget Amendment No. 10 to the 2022 Budget. Second Reading: December 13, 2022. Memo Ordinance Attachments: 8.B.ORD 22-040 Introduction and First Reading on Ordinance 22-040, an Ordinance to amend Chapter 94, Zoning of the City of Brookings pertaining to Sections 94-131, 94-132, 94-133, 94-134, 94-135, 94-135.5, 94-136, 94-137, 94-161, and 94-399.1 for the purposes of Amending the Maximum Allowable Heights in the B-1, B-2, B-2A, B-3, B-4, B-5, I-1, I-1R and I-2 Districts and Associated Bufferyard Requirements. Public Hearing and Action: December 13, 2022. Memo Ordinance - clean Ordinance - marked Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Attachments: 9. Public Hearings and Second Readings: 9.A.RES 22-090 Public Hearing and Action on Resolution 22-090, a Resolution to Amend the 2040 Comprehensive Plan’s Future Land Use Map. Page 2 City of Brookings November 22, 2022City Council Meeting Agenda - Final Memo Resolution Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Future Land Use Map Zoning Map High Density Residential Excerpt Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9.B.ID 22-0453 Public Hearing and Action on an Amended Initial Development Plan - Block 3B of Prairie Hills Addition. Memo Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Original IDP Amended IDP Parking Relocation Recommendation Future Land Use Map Zoning Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9.C.ID 22-0414 Public Hearing and Action on a Temporary Alcohol Application from St. Thomas More Catholic School, to operate within the City of Brookings, South Dakota, on February 4, 2023, for a Winter Gala and Grand Auction to be held at 1700 8th Street South. Memo Legal Notice SDCL Reference Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 10. Other Business: 10.A.RES 22-091 Action on Resolution 22-091, a Resolution to Annex the North 18.84 acres of Tract 1 of BMU WTP Addition (Formerly Tract 1 Hansen Addition) in the NW ¼, Section 20, Township 110 North, Range 49 West of the 5th PM, Brookings County, South Dakota. Page 3 City of Brookings November 22, 2022City Council Meeting Agenda - Final Memo Resolution Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Location Map Petition for Annexation Annexation Priority Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 10.B.RES 22-089 Action on Resolution 22-089, a Resolution Amending the Consolidated Fee Schedule. Memo Resolution Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 11.ID 22-0455 City of Brookings Progress Report. November Progress ReportAttachments: 12. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any topic at a future meeting. Items cannot be added for action at this meeting. A motion and second is required which states the topic, requested outcome, and time frame. A majority vote is required. 13. Adjourn. Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Joey Collins, Brianna Doran, Holly Tilton Byrne, Bonny Specker Brookings City Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk Public Comment is limited to a maximum of three minutes per person during the meeting. Individuals are asked to give their name and address for the record. Public Comment may be submitted prior to the meeting: 1) Email comments to the City Clerk (bfoster@cityofbrookings-sd.gov), 2) participate via Zoom, or 3) via eComment (https://cityofbrookings.legistar.com/Calendar.aspx ). Those who provide comments in any manner should understand their comments will become part of the official record and subject to review by all parties and the public. Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government Channel 9 Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting. Page 4 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 22-0447,Version:1 Action to approve City Council meeting minutes. Attachments: 11/08/2022 City Council Minutes 11/15/2022 City Council Minutes City of Brookings Printed on 11/17/2022Page 1 of 1 powered by Legistar™ Brookings City Council November 8, 2022 (unapproved) The Brookings City Council held a meeting on Tuesday, November 8, 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 Collins, seconded by Council Member Specker, that the agenda be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. 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: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. A. Action to approve the 10/25/2022 City Council Minutes. B. Action on annual Liquor and Wine License Renewals for 2023. Liquor (Off- Sale): Brookings Municipal Liquor Store, 780 22nd Ave. So.; Liquor (On-Sale): Applebee’s / Porter Apple Co. B Inc., 3001 LeFevre Dr.; Craft Fusion / Jesse Davis, LLC, 610 Medary Ave.; Cubby’s Sports Bar & Grill / GDT Inc., 307 Main Ave.; Danny’s / David Olson Inc., 703 Main Ave. So.; Elks Club Lodge #1490, 516 4 th St.; Jack’s Entertainment LLC / O’Hare’s, 327 Main Ave.; Jim’s Tap / Urquhart Ent., Inc., 309 Main Ave.; Main Street Pub, 408 Main Ave; 9 Bar Nightclub / Nine Inc., 303 Main Ave.; Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So.; Pints & Quarts / KR Hospitality, Inc., 313 Main Ave.; Ray’s Corner / Fergen Enterprises Inc., 401 Main Ave.; Skinner’s Pub, Inc., 300 Main Ave.; Sully’s Irish Pub / B&L Sullivan Inc., 421 Main Ave.; VFW GEO Dokken Post 2118, 520 Main Ave.; The Wild Hare / Wonder, Inc., 303 3 rd St. Restaurant (On-Sale): Whiskey Creek Wood Fire Grill / Brookings Steak Co., LLC, 621 32nd Ave.; The Lodge/Den Wil Hospitality Group Inc, 2515 6th St. Wine (On-Off Sale): Brookings Municipal Liquor Store, 780 22nd Ave. So.; BYG Backyard Grill, 1805 6th Street; Cenex Zip Trip #63 / CHS, Inc., 1005 6 th St.; Cenex Zip Trip #64 / CHS, Inc., 3045 LeFevre Dr.; Children’s Museum of South Dakota, 521 4th St.; Cottonwood Coffee, Inc, 1710 6th Street; Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105A; Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105B; Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105C; Flavor Indian & Asian Flare, 501 Main Avenue; Hy-Vee Food Store / Hy-Vee, Inc., 700 22nd Ave. So.; McCrory Gardens Educational & Visitors Center / Sodexo, 6th St. and 22nd Ave.; New Sake / Sake, Inc., 724 22nd Ave. So.; Old Sanctuary / Old Sanctuary Assoc., LLC, 928 4th St.; Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So.; Swiftel Center, 824 32nd Ave.; Wal-Mart Supercenter #1538 / Wal-Mart Stores, Inc., 2233 6th St.; Yessica’s Restaurant, 1300 Main Ave S. C. Action on Resolution 22-082, a Resolution declaring surplus property for the City of Brookings. Resolution 22-082 - Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Police Dept.; Bicycles: Black and Red Kent Abyss 1800, Serial #GS31826WMA; #3002 Blue and Gray Next PowerClimber; #3102 White and Black Kent FS20 Ambush; #1057 Black and Blue Huffy Cranbrook, Serial #SNHJJ20620458; #3088 Black and Blue Roadmaster Granite Peak, Serial #SNFSD20E13903; #1111 Yellow an d Red Trk TR20, Serial #RMHF801429; #1034 Blue and Black Raleigh, Serial #U64K23755; #3111 Gray Roadmaster Granite Peak, Serial #SNFSD16D71261; Black Mongoose, Serial #SNFSD19A64931; Green and Silver Huffy, Serial #SNHTJ15164140; #3109 Black Hyper Spinner, Serial #1G20D004329; #3084 Gray and Black Roadmaster Granite Peak, Serial #SNFSD16DH2790; #3063 Black Hyper Static, Serial #WFDM13H10959; #3034 Green Giant Yukon, Serial #GA9M7734; Black and Red Next; #2096 Pink FreeStyle – 2 Cool, Serial #G1602053003; #1078 Black and Blue Mongoose Excursion, Serial #SNFSD19F80869; #2011 Green Roadmaster Limited Edition, Serial #RAA216083; #2008 Black Shimano Next, Serial #LWCND32701; #2088 Red Schwinn Sidewinder, Serial #3NMNG05L20565; Black Huffy Rockt, Serial #AH20G081876; #2016 Red Mongoose, Serial #HNHK65079; #1094 Green and Blue Trek MT220, Serial #310000391J; #1105 Gray and Black Trek Navigator, Serial #1TK4J08554; #1003 Black and Red Next; #1002 Gold Bike, Serial #SNFSD06e88947; #1001 Black Mongoose Hotshot, Serial #SNFSD18ED5019; #2226 Gray and Chrome Genesis Saber 200; #2180 Gray Roadmaster Granite Peak; #2132 Red Huffy Rock Creek, Serial #AL13A039518; #2133 Purple Trek Mountain Track, Serial #BJ-0415; #21226 Black Hyper Havoc, Serial #TY19H012737; #2369 Black and Siler Mongoose Excursion; #2156 Blue and White Roadmaster Grand Peak, Serial #SNFSD14KL7348; #2210 Gray and Black Trek Alpha, Serial #WTU285C2104C; #2172 Purple Next Terra, Serial #LBH2452G; #2250 Orange and Black YBike Extreme; #2343 Green Raleigh Grand Touring, Serial #65W0068; #2346 Blue and Pink Huffy Tundra, Serial #26612G016; #2362 Black and Blue Roadmaster Grand Peak, Serial #SNFSD21AK1563; #2200 Black and Gray Roadmaster Granite Peak, Serial #SNFSDA6FJ1752; #2222Turquoise Roadmaster Granite Peak; #2323 Green Schwinn Transit, Serial #F96115778; #2128 Black and Blue Roadmaster Peak, Serial #SNFSD18DD6413; #2388 Blue and Pink Schwinn Delmar, Serial #SNFSD13CG7199; #2353 Red and White Giordano RS700, Serial #1161201439; #2178 Black and Blue Roadmaster; #2325 Yellow and Red Schwinn Mesa, Serial #M8L126628; #2238 Pink and Blue Big Wheel Powder Puff; #2148 Black Next PX4.0, Serial #LWCN101072; Blue Thruster PRO20FS; #2261 Purple and Silver Roadmaster Sport, Serial #K2GK011202; #2314 White and Purplse Huffy Storm; #2136 Gray and Black Roadmaster Ground Assault; #2361 Teal Genesis Next Serial #DJJB106132. Whereas, in the best financial interest, it is the desire of the City of Brookings to dispose of as surplus property; and Whereas, the City Manager is hereby authorized to sell or dispose of said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6 -13. D. Action on Resolution 22-086, a Resolution authorizing the City Manager to sign an On-Sale Liquor Operating Agreement renewal for Park Place, Inc., Lance Park, owner, 2500 6th Street, Brookings, South Dakota. Legal description: Lot X -1 and all of Lot 1, excluding west 20-feet thereof; Lot F excluding north 60-feet, and all Lot G of Lot 2, all in Block 1, Holibrook Addition. Resolution 22-086 - On-Sale Liquor Operating Agreement – 10-year renewal; Park Place, Inc. 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 Park Place, Inc., Lance Park, 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 2600 6th Street. Legal description: Lot X-1 and all of Lot 1, excluding west 20-feet thereof; Lot F excluding north 60-feet, and all Lot G of Lot 2, all in Block 1, Holibrook 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 10 years, with a mid-term renewal in five years. Introduction: new Public Information Officer. City Manager Paul Briseno introduced Sherry Fuller Bordewyk as the City's new Public Information Officer. Proclamation. Mayor Niemeyer presented a Proclamation recognizing November 26th as Small Business Saturday to Kelsey Doom, Brookings Area Chamber of Commerce President/CEO. MAYORAL PROCLAMATION Whereas, Brookings celebrates local businesses that create jobs, boost our local economy, and preserve our community; and Whereas, 79% of consumers understand the importance of supporting the small businesses in their community on Small Business Saturday; and Whereas, 70% of consumers report that Small Business Saturday makes them want to encourage others to Shop Small, independently-owned retailers; and Whereas, 66% of consumers report that Small Business Saturday makes them want to Shop Small all year long; and Whereas, the Saturday after Thanksgiving is Small Business Saturday in communities across the country. Now, Therefore, Be It Resolved that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim Saturday, November 26, 2022 as Small Business Saturday, and urge residents to support small businesses and merchants in Brookings on Small Business Saturday and throughout the year. Proclamation. Mayor Niemeyer presented a Proclamation recognizing November 16th as First-Generation College Celebration Day to Tina Birgen, Coordinator for Student Success and Opportunity at the Wintrode Student Success and Opportunity Center at South Dakota State University. MAYORAL PROCLAMATION Whereas, the Higher Education Act of 1965 expanded opportunities for low-income and first-generation populations; and Whereas, since 2017, the Council for Opportunity in Education has declared an annual First-Generation College Celebration in November to celebrate the success of first-generation college students and the passing of the Higher Education Act of 1965; and Whereas, first-generation students exhibit resilience on their paths to earning a degree; and Whereas, first-generation students and alumni are working, living and impacting Brookings through their important contributions. Now, Therefore, Be It Resolved that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim Wednesday, November 16, 2022 as First-Generation College Celebration Day. CFO Report. Chief Financial Officer, Erick Rangel, presented the 3rd Quarter Financial Report to the City Council and members of the public. Ordinance 22-038. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Ordinance 22-038, 2023 Budget Ordinance, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Wendell, Tilton Byrne, Avery, Doran, and Specker; No: 1 – Collins. Ordinance 22-035. A public hearing was held on Ordinance 22-035, an Ordinance amending Chapter 94, Article VI, Division 5, Pertaining to Sections 94-467, 94-469, 94- 470, and 94-473 for the Purposes of Amending Sign Ordinances. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that Ordinance 22-035 be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Wendell, Tilton Byrne, Avery, Doran, and Specker; No: 1 – Collins. Ordinance 22-036. A public hearing was held on Ordinance 22-036, an Ordinance Pertaining to an Application for a Conditional Use to Establish a Hot Mix Asphalt Plant in an Agriculture District. A motion was made by Council Member Doran, seconded by Mayor Niemeyer, that Ordinance 22-036 be approved. Public Comment: Jason Bowes, and Miranda Peterson. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Liquor & Wine License Renewals. A public hearing was held on Annual Liquor and Wine Alcohol License Renewals for: Liquor (on-sale): Buffalo Wild Wings Bar & Grill, 1801 6th Street; The Lanes / MG Oil Co., 722 Western Avenue; Park Hospitality Inc., / La Cantina, 2500 6th Street; Wilbert’s / Comfort Suites / Den Wil Hospitality Group, Inc., 2515 E. 6th Street. Wine (on-off sale): The Depot / MG Oil Co., 921 20th Street South; Guadalajara, Village Square Mall, Suite F, 1715 6th Street; Mosaic Wine Bar, 225 Main Avenue; Schoon’s Pump N Pack South / Schoon’s Property, Inc., 1205 Main Avenue South; Wooden Legs Brewing Co., 309 5th Street, Suite 100. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that the licenses be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Resolution 22-087. A motion was made by Council Member Wendell, seconded by Council Member Collins, that Resolution 22-087, a Resolution Adopting the Consolidated Fee Schedule, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Resolution 22-087 - Resolution Adopting the Consolidated Fee Schedule Whereas, the adopted Municipal Code and City Policies make references to fees charged; and Whereas, it is prudent that the fees be reviewed for cost effectiveness. Now, Therefore, Be It Resolved, that the City of Brookings hereby adopts the following Consolidated Fee Schedule as defined in the attached schedule. 10-Year Capital Improvement Plan (CIP). A motion was made by Council Member Specker, seconded by Council Member Wendell, that the 10-Year Capital Improvement Plan (CIP) be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Rubric Prioritization for 2023 Social Service Outside Agencies. A motion was made by Council Member Wendell, seconded by Council Member Specker, that the Rubric Prioritization for 2023 Social Service Outside Agencies be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Executive Session. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, to enter into Executive Session at 7:36 p.m., pursuant to SDCL 1-25-2.3, for 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 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. The motion carried by a unanimous vote. Present: City Council, City Manager, and City Attorney. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, to exit Executive Session at 7:36 p.m. The motion carried by a unanimous vote. Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that this meeting be adjourned at 8:29 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Brookings City Council November 15, 2022 (unapproved) The Brookings City Council held a joint meeting with the County Commission on Tuesday, November 15, 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. County Commission Members present: Lee Ann Pierce, Mike Bartley, Ryan Krogman, and Larry Jensen. Absent: County Commissioner Angela Boersma. 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 Specker, that the agenda be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Public Hearing - Resolution 22-088. A motion was made by Council Member Tilton Byrne, seconded by Council Member Collins, that Resolution 22-088, a Resolution Adopting the Area of Joint Zoning Authority Land Use Plan for Brookings County and the City of Brookings, South Dakota, as provided for in SDCL 11-2, 11-4, and 11-6, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Resolution 22-088 - A Resolution Adopting the Area of Joint Zoning Authority Land Use Plan for Brookings County and the City of Brookings, South Dakota, as provided for in SDCL 11-2, 11-4, and 11-6. Whereas, Chapter 11-6 of South Dakota Codified Law has empowered the City of Brookings, South Dakota to prepare and adopt a Comprehensive Land Use Plan for the development of the municipality and the surrounding area; and Whereas, Chapter 11-2 of South Dakota Codified Law has empowered Brookings County, South Dakota to prepare and adopt a Comprehensive Land Use Plan for the development of the unincorporated areas of the county; and Whereas, South Dakota Codified Law 11-6-12 and 11-6-12.1 empower the City of Brookings and Brookings County, South Dakota to prepare and adopt a Comprehensive Land Use Plan for the development of land within a prescribed area of Joint Zoning Authority in the unincorporated areas of the county surrounding the City of Brookings; and Whereas, the Planning Commissions of the City of Brookings and Brookings County have developed Comprehensive Land Use Plans, have held the required Public Hearing, and have made a recommendation for adoption of the Area of Joint Zoning Authority Land use Plan for Brookings County and the City of Brookings, South Dakota to the Board of County Commissioners and City Council which consists of the following:  2018 City of Brookings Comprehensive Plan and Amendments thereto  2016 Brookings County Comprehensive Land Use Plan and Amendments thereto; and Whereas, the City Council of the City of Brookings and the Brookings County Board of County Commissioners have received the recommendation of each respective Planning Commission and has held the required Public Hearing; and Whereas, the adoption of the Area of Joint Zoning Authority Land use Plan for Brookings County and the City of Brookings, South Dakota would enhance the responsible and orderly development of Brookings County, and the City of Brookings. Now, Therefore, Be It Resolved, by the City Council of the City of Brookings and the Brookings County Board of County Commissioners, that the Area of Joint Zoning Authority Land Use Plan for Brookings County and the City of Brookings, South Dakota be hereby adopted and effective upon 20 days after publication of this resolution and will thereafter be available for inspection and review during regular business hours at the City of Brookings City Clerk Office and the Brookings County Auditor’s Office. County Commission Public Hearing – Resolution 22-52. A motion was made by County Commission Member Bartley, seconded by County Commission Member Jensen, that Resolution 22-52, a Resolution adopting the Area of Joint Zoning Authority Land Use Plan for Brookings County and the City of Brookings, South Dakota, as provided for in SDCL 11-2, 11-4, and 11-6, be approved. The motion carried by the following vote: Yes: 4 – Pierce, Bartley, Krogman, and Jensen. Absent: 1 – Boersma. Resolution #22-52 A Resolution Adopting the Area of Joint Zoning Authority Land Use Plan for Brookings County and the City of Brookings, South Dakota, as provided for in SDCL 11-2, 11-4, and 11-6. Whereas, Chapter 11-6 of South Dakota Codified Law has empowered the City of Brookings, South Dakota to prepare and adopt a Comprehensive Land Use Plan for the development of the municipality and the surrounding area; and Whereas, Chapter 11-2 of South Dakota Codified Law has empowered Brookings County, South Dakota to prepare and adopt a Comprehensive Land Use Plan for the development of the unincorporated areas of the county; and Whereas, South Dakota Codified Law 11-6-12 and 11-6-12.1 empower the City of Brookings and Brookings County, South Dakota to prepare and adopt a Comprehensive Land Use Plan for the development of land within a prescribed area of Joint Zoning Authority in the unincorporated areas of the county surrounding the City of Brookings; and Whereas, the Planning Commissions of the City of Brookings and Brookings County have developed Comprehensive Land Use Plans, have held the required Public Hearing, and have made a recommendation for adoption of the Area of Joint Zoning Authority Land Use Plan for Brookings County and the City of Brookings, South Dakota to the Board of County Commissioners and City Council which consists of the following:  Brookings City 2018 Comprehensive Plan and amendments thereto  Brookings County 2016 Comprehensive Land Use Plan and the amendments thereto Whereas, the City Council of the City of Brookings and the Brookings County Board of County Commissioners have received the recommendation of each respective Planning Commission and they have held their required Public Hearing; and Whereas, the adoption of the Area of Joint Zoning Authority Land Use Plan for Brookings County and the City of Brookings, South Dakota would enhance the responsible and orderly development of Brookings County, and the City of Brookings. Now, Therefore, Be It Resolved, by the City Council of the City of Brookings and the Brookings County Board of County Commissioners, that the Area of Joint Zoning Authority Land Use Plan for Brookings County and the City of Brookings, South Dakota be hereby adopted and effective upon 20 days after publication of this resolution and will thereafter be available for inspection and review during regular business hours at the City of Brookings Finance Office and the Brookings County Finance Office. FIRST READING – Ordinance 22-037. An introduction and first reading was held on City Council Ordinance 22-037 and Brookings County Commission Ordinance 22-05, Ordinances adopting the Joint Jurisdiction Zoning Ordinance for the City of Brookings and Brookings County. Public Hearing and Action: December 20, 2022. (A brief recess began at 6:10 p.m. to end the joint portion of the meeting, dismissing the County Commission. The City Council reconvened at 6:33 p.m.) Presentation. Mayor Niemeyer, Officer Vukovich, and Officer Assmus recognized and presented certificates to the graduates of the 2022 Citizen Police Academy: Kelby Hicks, Nieema Thasing, Riley Mounsdon, Aricia Hovelson , Kasey Kirkham, Ashley Johnson, Stephanie Harms, Nick Castillo, Hillary Bjordahl, Jerry Waltman, Deb Waltman, Eric Trombley, Jen Kuck, Kayla Hovelson, and Wenfeng An. Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council Member Collins, that this meeting be adjourned at 6:44 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 #:ID 22-0423,Version:1 Action on the 2023 City Council Meeting Calendar. Summary: This will approve 2023 Calendar Year regularly scheduled City Council meetings.This provides public notice of the 2023 City Council meeting calendar. Recommendation: Staff recommends approval. Attachments: 2023 Calendar City of Brookings Printed on 11/17/2022Page 1 of 1 powered by Legistar™ J ANUAR Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Jan. 1 – New Year’s Holiday (observed Jan. 2) Jan. 18 – Brookings Day in Pierre Jan. 16 – Martin Luther King, Jr. Birthday F EBRUARY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Feb. 20 – President’s Day TBD – Municipal Government Day & Rib Dinner with Your Legislator M ARCH S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 March 20-24 – Board of Equalization TBD - NLC Congressional City Conference (Washington DC) A PRIL S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 April 11 – Election Day April 18 – deadline to hold Election Canvass M AY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 May 29 – Memorial Day J UNE S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 June 19 – Juneteenth 2023 City Council Calendar Regular Meetings 6:00 p.m. start time / 2nd & 4th Tuesdays Study Sessions 5:30 p.m. start time / 3rd Tuesday No Study Sessions in June-July-August Holidays Election / Board of Equalization Conferences J ULY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 July 4 – Independence Day A UGUST S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S EPTEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Sept. 4 – Labor Day O CTOBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 TBD – SDML Conference Oct. 9 – Columbus/Native American Day N OVEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Nov. 11 - Veteran’s Day (observed 11/10) Nov. 23 – Thanksgiving Holiday TBD - NLC City Summit (Kansas City, MO) D ECEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Dec. 25 – Christmas Holiday 2023 City Council Calendar Regular Meetings 6:00 p.m. start time / 2nd & 4th Tuesdays Study Sessions 5:30 p.m. start time / 3rd Tuesday No Study Sessions in June-July-August Holidays Election / Board of Equalization Conferences 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 22-0456,Version:1 Report: Hobo Days 2022 Summary: The Hobo Day Committee has time on the agenda to express their thanks to the City. They are appreciative of the City and the ways in which SDSU’s earns support from the community and want to share the impact Hobo Day has and why it is such an important connector in the University and community. City of Brookings Printed on 11/17/2022Page 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 22-0454,Version:1 Report: SDSU Student Association. Summary: SDSU SA Government Affairs Chair, Erika Van Nieuwenhuyse, will provide an update on SDSU happenings to the City Council and members of the public. Erika is a Senior Political Science Major with minors in Legal Studies and Philosophy. She plans to attend law school following graduation from SDSU in May 2023. She has always enjoyed learning about government and has been involved in state government since her freshman year at SDSU by interning for both the SD House of Representatives, and most recently, Governor Noem. The Students' Association is comprised of all General Activity Fee-paying students at South Dakota State University. The Students' Association Senate is the official student government organization at SDSU, consisting of 26 senators representing each of the academic colleges and the student body president and vice president. The Students' Association Senate serves as a representative body to bring the voice of SDSU students to university administration, faculty, staff, state legislators and the South Dakota Board of Regents of Higher Education. The Students' Association also allocates student fee funds to support various campus entities, facilities and many student organizations. SDSU SA Website:<https://www.sdstate.edu/students-association> City of Brookings Printed on 11/17/2022Page 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 #:ORD 22-039,Version:1 Introduction and First Reading on Ordinance 22-039, an Ordinance Authorizing Budget Amendment No. 10 to the 2022 Budget. Second Reading: December 13, 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 two-part budget amendment increases budget authority for the final Brookings Food Pantry construction costs and transfers budget authority in the CIP Fund to accommodate necessary repairs at Larson Ice Center. Recommendation: Staff recommends approval. Attachments: Memo Ordinance City of Brookings Printed on 11/17/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Erick Rangel, Chief Financial Officer Council Meeting: November 22, 2022 / December 13, 2022 Subject: Ordinance 22-039: Budget Amendment No. 10 to the 2022 Budget 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 two-part budget amendment increases budget authority for the final Brookings Food Pantry construction costs and transfers budget authority in the CIP Fund to accommodate necessary repairs at Larson Ice Center. Background: At the beginning of 2022, construction began on the Brookings Food Pantry, a partnership between the City of Brookings, Brookings County, Brookings Area United Way, and a Community Development Block Grant from the State of South Dakota. This project is in the final stages of construction. Project cost savings in other areas has allowed the opportunity to transfer budget authority to complete the repairs r ather than increase the budget. Item Details: PART 1 Dept. / Fund Budgetary Account Increase / (Decrease) Amount Description Brookings Food Pantry Expenditure $175,000 Final Facility Construction Costs Brookings Food Pantry Revenue $175,000 United Way / Brookings County Contribution  This ordinance provides spending authority to finalize the new non-profit building. The additional funds needed will be provided by the United Way/Brookings County. The City’s financial commitment to this project remains $300,000. PART 2 Dept. / Fund Budgetary Account Increase / (Decrease) Amount Description CIP Fund Expenditure $ (20,000) LIC Boiler Replacement CIP Fund Expenditure $20,000 LIC Boiler Replacement  There have been maintenance issues with the dehumidification system, a boiler, and tube heaters at the Larson Ice Center. While it is anticipated that the dehumidification and tube heaters can be addressed through the Larson Ice Center budget, project savings at the Activity Center have been identified as a source for the boiler replacement. Legal Consideration: None. Strategic Plan Consideration: This action supports fiscal responsibility by increasing budget authority for anticipated expenditures and increasing transparency regarding transfers of budget authority. Financial Consideration: Part 1 is budget neutral. It increases miscellaneous revenues for contributions from Brookings County and the United Way to account for the increase in expenditures. Part 2 is budget neutral, transferring existing budget authority from one account to another to meet operational needs. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval. Supporting Documentation: Memo Ordinance Ordinance 22-039 An Ordinance Authorizing Budget Amendment No. 10 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 Dept. / Fund Budgetary Account Account Name Increase / (Decrease) Amount Description Brookings Food Pantry 533-000-5-911-00 Buildings and Structures $175,000 Final Facility Construction Costs Brookings Food Pantry 533-000-4-669-02 Miscellaneous Revenue $175,000 United Way / Brookings County Contribution PART 2 Dept. / Fund Budgetary Account Account Name Increase / (Decrease) Amount Description CIP Fund 213-000-5-940-10 Activity Center Capital Exp. $ (20,000) LIC Boiler Replacement CIP Fund 213-000-5-940-04 Park & Rec Improvements $20,000 LIC Boiler Replacement All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: November 22, 2022 Second Reading: December 13, 2022 Published: December 16, 2022 CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 22-040,Version:1 Introduction and First Reading on Ordinance 22-040, an Ordinance to amend Chapter 94, Zoning of the City of Brookings pertaining to Sections 94-131, 94-132, 94-133, 94-134, 94-135, 94-135.5, 94- 136, 94-137, 94-161, and 94-399.1 for the purposes of Amending the Maximum Allowable Heights in the B-1, B-2, B-2A, B-3, B-4, B-5, I-1, I-1R and I-2 Districts and Associated Bufferyard Requirements. Public Hearing and Action: December 13, 2022. Summary: The City of Brookings is proposing amendments to the City’s Zoning Ordinances located in Chapter 94, Article IV, Division 1 and Division 2. The amendments would increase the maximum height allowed in the B-1, B-2, B-2A and B-3 Zoning Districts and eliminate the height maximum in the B-4, B-5, I-1, I-2 and I-1R Districts. Recommendation: Staff recommends approval. The Planning Commission voted 6 - 1 to recommend approval. Attachments: City Council Memo Ordinance - clean Ordinance - marked Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes City of Brookings Printed on 11/17/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: November 22, 2022 / December 13, 2022 Subject: Ordinance 22-040: Amendments to Chapter 94, Article IV, Division 1 and Division 2 related to height maximums Person(s) Responsible: Mike Struck, Community Development Director Summary: The City of Brookings is proposing amendments to the City’s Zoning Ordinances located in Chapter 94, Article IV, Division 1 and Division 2. The amendments would increase the maximum height allowed in the B-1, B-2, B-2A and B-3 Zoning Districts and eliminate the height maximum in the B-4, B-5, I-1, I-2 and I-1R Districts. Background: Staff has been exploring changes to the maximum height allowances in the Business and Industrial Districts. Staff has discussed the height maximums with the Development Review Team and feel the current regulations are antiquated and increases could promote more efficient development practices. Item Details: The changes would impact the maximum allowed height in each of the Business and Industrial Districts. For the B-1, B-2, B-2A and B-3 Zoning Districts, the maximum height would be increased to 60 feet. The proposed changes are as follows: Current Height Max Proposed Height Max B-1 Central District 50 feet 60 feet B-2 District 45 feet 60 feet B-2A Office District 35 feet 60 feet B-3 Heavy District 45 feet 60 feet For the B-4, B-5, I-1, I-2 and I-1R Districts, the maximum height is eliminated; however, additional bufferyard setbacks will apply for structures over 60-feet in height. When a structure is proposed over 60-feet in height, bufferyards as required in Section 94- 399.1. will be increased by 1.5 times. The proposed changes are as follows: Current Height Max Proposed Height Max B-4 Highway District 50 feet N/A* B-5 Research District 60 feet N/A* I-1 Light District 50 feet N/A* I-2 Heavy District 50 feet N/A* I-1R Restricted District 50 feet N/A* *When a structure exceeds 60 feet in height, the required bufferyard increases x 1.5 For the proposed bufferyard increase, staff is proposing using the required bufferyard for structures greater than 30 feet in height as the base bufferyard. An increase of one and a half times would be added if a structure is over 60 feet in height. Landscaped Bufferyards (with required tree and shrub plantings) Bufferyard for buildings over 30 feet 1.5x Increase To Parking To Structure To Parking To Structure B-4 20 feet 30 feet 30 feet 45 feet B-5 20 feet 30 feet 30 feet 45 feet I-1 20 feet 30 feet 30 feet 45 feet I-2 20 feet 30 feet 30 feet 45 feet I-1R 20 feet 30 feet 30 feet 45 feet Standard Bufferyard (greenspace only) Bufferyard for buildings over 30 feet 1.5x Increase To Parking To Structure To Parking To Structure B-4 40 feet 40 feet 60 feet 60 feet B-5 40 feet 40 feet 60 feet 60 feet I-1 50 feet 50 feet 75 feet 75 feet I-2 50 feet 50 feet 75 feet 75 feet I-1R 50 feet 50 feet 75 feet 75 feet For development in B-1, B-2, B-2A and B-3, the standard bufferyards and enhanced bufferyards for structures over 30 feet in height would remain in use. No additional bufferyard standards would be added for those zoning districts since the max height is proposed to be capped at 60 feet. Legal Consideration: None Strategic Plan Consideration: Sustainability – the amendments propose changes to the zoning code, which could support higher density development. Financial Consideration: None Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table The Development Review Team recommends approval. The Planning Commission voted 6 – 1 recommending approval. Supporting Documentation: Ordinance – clean Ordinance – marked Legal Notice – City Council Legal Notice – Planning Commission Planning Commission Minutes Ordinance 22-040 An Ordinance to amend Chapter 94, Zoning of the City of Brookings pertaining to Sections 94-131, 94-132, 94-133, 94-134, 94-135, 94-135.5, 94-136, 94- 137, 94-161, and 94-399.1 for the purposes of Amending the Maximum Allowable Heights in the B-1, B-2, B-2A, B-3, B-4, B-5, I-1, I-1R and I-2 Districts and Associated Bufferyard Requirements. Be It Ordained by the Governing Body of the City of Brookings, South Dakota that the Subdivision Regulations be amended as follows: I. ARTICLE IV. – DISTRICT REGULATIONS That the following sections of Article IV of the Zoning Regulations shall be amended to read as follows: Sec. 94-131. Business B-1 central district. (f) Density, area, yard and height regulations. The B-1 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses * 20 feet* 60 feet *Refer to section 94-399.1 bufferyards. Sec. 94-132. Business B-2 district. (f) Density, area, yard and height regulations. The density, area, yard and height regulations in the B-2 district are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height Commercial uses 15,000 100 feet 25 feet 5 feet* 20 feet* 60 feet Other allowable uses 15,000 100 feet 25 feet 7 feet** 20 feet 60 feet *Refer to section 94-399.1 bufferyards. **The side yard will be required to be increased to ten feet if the building is three or more stories in height. Sec. 94-133. Business B-2A office district. (f) Density, area, yard and height regulations. The B-2A district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 25 feet 5 feet* 20 feet* 60 feet *Refer to section 94-399.1 bufferyards. Sec. 94-134. Business B-3 heavy district. (f) Density, area, yard and height regulations. The B-3 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 20 feet 5 feet* 20 feet* 60 feet *Refer to section 94-399.1 bufferyards. Sec. 94-135. Business B-4 highway district. (f) Density, area, yard and height regulations. The B-4 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 40,000* 200 feet** 50 feet 25 feet*** 30 feet*** N/A*** *A lot fronting on a service road or non-arterial right-of-way must have a minimum lot area of 30,000 square feet. **A lot fronting on a service road or non-arterial right-of-way must have a minimum lot width of 150 feet. ***Refer to section 94-399.1 bufferyards. Sec. 94-135.5. Business B-5 planned research and business district. (f) Density, area, yard and height regulations. The density, area, yard and height regulations in the B-5 district are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard* Min. Side Yard Min. Rear Yard Max. Height All uses 40 feet 25 feet** 30 feet** N/A** *The yard abutting Interstate 29 shall be considered a front yard. **Refer to section 94-399.1 bufferyards. Sec. 94-136. Industrial I-1 light district. (f) Density, area, yard and height regulations. The I-1 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 20 feet 20 feet* 20 feet* N/A* *Refer to section 94-399.1 bufferyards. Sec. 94-137. Industrial I-2 heavy district. (f) Density, area, yard and height regulations. The I-2 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 40 feet 20 feet* 20 feet* N/A* *Refer to section 94-399.1 bufferyards. Sec. 94-161. Industrial I-1R restricted district. (f) Density, area, yard and height regulations. The I-1R district regulations are as follows: Lot Coverage Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 35%* 60 feet*** 50 feet** 50 feet** N/A** *Buildings used solely for storage and/or warehousing operations may occupy no more than 50 percent of the area of the lot. **Refer to section 94-399.1 bufferyards. ***The yard area abutting Interstate 29 shall be considered a rear yard. II. ARTICLE VI. – SUPPLEMENTAL REGULATIONS That the following sections of Article VI of the Zoning Regulations shall be amended to read as follows: Sec. 94-399.1. Bufferyards. (d) Bufferyard requirements. (1) Bufferyards are required in accordance with the following table. Table 1.1 Zoning of Abutting Land Proposed Buildings over 30' in Height Proposed Buildings over 60’ 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 F Type B or type F N/A N/A B-2 Type B or type G Type C or type G N/A N/A B-2A Type A or type E Type C or type G N/A N/A R-B4 Type A or type E Type C or type G N/A N/A B-3 Type C or type H Type C or type H N/A 6' required B-4 Type C or type G Type C or type G Type D or type I 6' required B-5 Type C or type G Type C or type G Type D or type I N/A I-1, I-1R Type C or type H Type C or type H Type D or type J 6' required I-2 Type C or type H Type C or type H Type D or type J 6' required *R-3, R-3A, R-B4 Type B or type G N/A N/A *Applicable only to structures over 30 feet in height. (2) Bufferyard types. The following bufferyard types are hereby established and shall provide the requirements for each type of bufferyard referenced in table 1.1. The table prescribes the minimum widths and landscaping for bufferyards. 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 30’ 45’ 6 trees and 14 shrubs Type E 25' 25' greenspace Type F 30' 30' greenspace Type G 40' 40' greenspace Type H 50' 50' greenspace Type I 60’ 60’ greenspace Type J 75’ 75’ greenspace III. All ordinances and parts of ordinances in conflict herewith are hereby repealed. First Reading: November 22, 2022 Second Reading: December 13, 2022 Published: December 16, 2022 CITY OF BROOKINGS, SD _______________________________ Oepke “Ope” Niemeyer, Mayor ATTEST: ___________________________________ Bonnie Foster, City Clerk Ordinance 22-040 An Ordinance amending Chapter 94, Zoning of the City of Brookings pertaining to Sections 94-131, 94-132, 94-133, 94-134, 94-135, 94-135.5, 94-136, 94- 137, 94-161, and 94-399.1 for the purposes of Amending the Maximum Allowable Heights in the B-1, B-2, B-2A, B-3, B-4, B-5, I-1, I-1R and I-2 Districts and Associated Bufferyard Requirements. Be It Ordained by the Governing Body of the City of Brookings, South Dakota that the Subdivision Regulations be amended as follows: I. ARTICLE IV. – DISTRICT REGULATIONS That the following sections of Article IV of the Zoning Regulations shall be amended to read as follows: Sec. 94-131. Business B-1 central district. (f) Density, area, yard and height regulations. The B-1 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses * 20 feet* 50 feet 60 feet *Refer to section 94-399.1 bufferyards. Sec. 94-132. Business B-2 district. (f) Density, area, yard and height regulations. The density, area, yard and height regulations in the B-2 district are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height Commercial uses 15,000 100 feet 25 feet 5 feet* 20 feet* 45 feet 60 feet Other allowable uses 15,000 100 feet 25 feet 7 feet** 20 feet 45 feet 60 feet *Refer to section 94-399.1 bufferyards. **The side yard will be required to be increased to ten feet if the building is three or more stories in height. Sec. 94-133. Business B-2A office district. (f) Density, area, yard and height regulations. The B-2A district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 25 feet 5 feet* 20 feet* 35 feet 60 feet *Refer to section 94-399.1 bufferyards. Sec. 94-134. Business B-3 heavy district. (f) Density, area, yard and height regulations. The B-3 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 20 feet 5 feet* 20 feet* 45 feet 60 feet *Refer to section 94-399.1 bufferyards. Sec. 94-135. Business B-4 highway district. (f) Density, area, yard and height regulations. The B-4 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 40,000* 200 feet** 50 feet 25 feet*** 30 feet*** 50 feet N/A*** *A lot fronting on a service road or non-arterial right-of-way must have a minimum lot area of 30,000 square feet. **A lot fronting on a service road or non-arterial right-of-way must have a minimum lot width of 150 feet. ***Refer to section 94-399.1 bufferyards. Sec. 94-135.5. Business B-5 planned research and business district. (f) Density, area, yard and height regulations. The density, area, yard and height regulations in the B-5 district are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard* Min. Side Yard Min. Rear Yard Max. Height All uses 40 feet 25 feet** 30 feet** 60 feet N/A** *The yard abutting Interstate 29 shall be considered a front yard. **Refer to section 94-399.1 bufferyards. Sec. 94-136. Industrial I-1 light district. (f) Density, area, yard and height regulations. The I-1 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 20 feet 20 feet* 20 feet* 50 feet N/A* *Refer to section 94-399.1 bufferyards. Sec. 94-137. Industrial I-2 heavy district. (f) Density, area, yard and height regulations. The I-2 district regulations are as follows: Density Sq. Ft. Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 40 feet 20 feet* 20 feet* 50 feet N/A* *Refer to section 94-399.1 bufferyards. Sec. 94-161. Industrial I-1R restricted district. (f) Density, area, yard and height regulations. The I-1R district regulations are as follows: Lot Coverage Min. Lot Area Sq. Ft. Min. Lot Width Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height All uses 35%* 60 feet*** 50 feet** 50 feet** 50 feet N/A** *Buildings used solely for storage and/or warehousing operations may occupy no more than 50 percent of the area of the lot. **Refer to section 94-399.1 bufferyards. ***The yard area abutting Interstate 29 shall be considered a rear yard. II. ARTICLE VI. – SUPPLEMENTAL REGULATIONS That the following sections of Article VI of the Zoning Regulations shall be amended to read as follows: Sec. 94-399.1. Bufferyards. (d) Bufferyard requirements. (1) Bufferyards are required in accordance with the following table. Table 1.1 Zoning of Abutting Land Proposed Buildings over 30' in Height Proposed Buildings over 60’ 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 F Type B or type E F N/A N/A B-2 Type B or type F G Type C or type F G N/A N/A B-2A Type A or type D E Type C or type F G N/A N/A R-B4 Type A or type D E Type C or type F G N/A N/A B-3 Type C or type G H Type C or type G H N/A 6' required B-4 Type C or type F G Type C or type F G Type D or type I 6' required B-5 Type C or type F G Type C or type F G Type D or type I N/A I-1, I-1R Type C or type G H Type C or type G H Type D or type J 6' required I-2 Type C or type G H Type C or type G H Type D or type J 6' required *R-3, R-3A, R-B4 Type B or type F G N/A N/A *Applicable only to structures over 30 feet in height. (2) Bufferyard types. The following bufferyard types are hereby established and shall provide the requirements for each type of bufferyard referenced in table 1.1. The table prescribes the minimum widths and landscaping for bufferyards. 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 30’ 45’ 6 trees and 14 shrubs Type D E 25' 25' greenspace Type E F 30' 30' greenspace Type F G 40' 40' greenspace Type G H 50' 50' greenspace Type I 60’ 60’ greenspace Type J 75’ 75’ greenspace III. All ordinances and parts of ordinances in conflict herewith are hereby repealed. First Reading: November 22, 2022 Second Reading: December 13, 2022 Published: December 16, 2022 CITY OF BROOKINGS, SD _______________________________ Oepke “Ope” Niemeyer, Mayor ATTEST: ___________________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to Sec. 94-131, Sec. 94-132, Sec. 94-133, Sec. 94-134, Sec. 94-135, Sec. 94-135.5, Sec. 94-136, Sec. 94-137, Sec. 94-161, and Sec. 94-399.1 related to the maximum allowable heights in the B-1, B-2, B-2A, B-3, B-4, B-5, I-1, I-1R and I-2 districts and associated bufferyard requirements. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00 PM on Tuesday, December 13, 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 person interested may appear and be heard in this matter. Dated this 2nd day of December, 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, Article IV, Division 1 and Chapter 94, Article IV, Division 2 related to the maximum allowable heights in the B-1, B-2, B-2A, B-3, B-4, B-5, I-1, I-1R and I-2 districts. NOTICE IS FURTHER GIVEN That said request will be acted on by the Planning Commission at 5:3 0 PM on Tuesday, November 1st, 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 Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 21st day of October, 2022. ____________________________ Ryan Miller City Planner Planning Commission Brookings, South Dakota November 1, 2022 OFFICIAL MINUTES Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday, November 1, 2022, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Kyle Jamison, Gregg Jorgenson, Jacob Mills, Lee Ann Pierce, Roger Solum, and Fargen. Absent were James Drew and Nick Schmiechel. Also present were City Planner Ryan Miller, Community Development Director Mike Struck, Angie Boersma, and Lane Worzeka with HME. Item #6d – The City of Brookings submitted amendments to Chapter 94, Article IV, Division 2 related to the maximum allowable heights in the B-1, B-2, B-2A, B-3, B-4, B-5, I-1, I-1R and I-2 Districts. (Solum/Mills) Motion to approve the amendments. Pierce voted no. All others voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6d– This amendment pertains to the maximum height allowed. Previously the Planning Commission had amended the height restrictions in the residential districts. These amendments would increase the maximum height allowed in the B-1, B-2, B-2A and B-3 zoning districts to 60’ which would match what is allowed in the R-3 and R-3A Districts. These amendments would eliminate the height maximum in the B-4, B-5, I-1, I-2 and I-1R districts as they would be required to follow the bufferyard requirements being proposed. Pierce is not in favor of these amendments for the downtown area. Miller explained that the downtown area is zoned B-1 but they would still need to complete the historic review process and be approved. Pierce feels that these amendments could affect the historic nature of downtown. Aiken asked how the required number of trees and shrubs in the landscape requirements would be calculated and would these requirements increase the required number. Miller explained that each district has different bufferyard requirements. The number stated in the requirements would not be increasing the requirements in the district. 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 22-090,Version:1 Public Hearing and Action on Resolution 22-090, a Resolution to Amend the 2040 Comprehensive Plan’s Future Land Use Map. Summary: HME Management is proposing a comprehensive map amendment pertaining to the Future Land Use Map. The request is for a revision to the Future Land Use Map for a parcel of land located along 20th Street South from Urban Low Intensity (ULI) and Open Wetlands (OW) to High Density Residential (HDR). Recommendation: The Development Review Team and staff recommend approval of the amendment. The Planning Commission voted 6 - 0 recommending approval. Attachments: Memo Resolution Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Future Land Use Map Zoning Map High Density Residential Excerpt City of Brookings Printed on 11/17/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: November 22, 2022 Subject: Resolution 22-090: Amend the Future Land Use Map – 20th Street South Person(s) Responsible: Mike Struck, Community Development Director Summary: HME Management is proposing a comprehensive map amendment pertaining to the Future Land Use Map. The request is for a revision to the Future Land Use Map for a parcel of land located along 20th Street South from Urban Low Intensity (ULI) and Open Wetlands (OW) to High Density Residential (HDR). Background: The 2040 Comprehensive Plan identifies the City’s vision for future land use policies and establishes a Future Land Use Map to define this vision. The Future Land Use Map is created using information known at the time: such as development constraints, land owner development intent, historic land use, and future growth plans. The area proposed for the Future Land Use Map revision includes a 4.97-acre portion of Block 3B in Prairie Hills Addition. Item Details: The proposed amendment to the Future Land Use Map is being requested for a potential senior housing project, which would require an amendment to a Planned Development District (PDD) for the purposes of adding senior housing into a PDD with underlying B-2 Zoning. Specifically, a retirement or nursing home along with senior apartments are being requested as permitted uses in the amended PDD. These uses are only allowed as permitted or special permitted uses in the R-3 Zoning District. The proposed density of the development is roughly 21.3 units per acre. An Urban Low Area would support 2 - 7 units per acre, while a High Density Residential area would support 12+ units per acre. R-3 uses and zoning districts would be supported in Urban Medium, Urban High or High Density Residential Future Land Use Categories. The development is being proposed in the Prairie Hills Landing area with nearby R-3 Zoning and a High Density Residential Future Land Use on the Future Land Use Map. A revision of the proposed area to High Density Residential would fit within nearby zoning and future land use categories. Portions of the 4.97-acre area of land also include High Density Residential and Open Wetland. The intent would be to reclassify the entire parcel as HDR. Development constraints are limited in this area when considering the potential for future land use. The lot is located along and will have access to 20th Street South, an arterial street. Utilities along 20th Street are sufficient for the development. Currently, the site is located outside of the floodplain; however, potential upcoming revisions to the floodplain may impact the site. The original future land use category of Urban Low Intensity was identified for the potential for less intense commercial uses along 20th Street in proximity to residential uses to the north and south. As development trends and needs have changed, the land is now being proposed for use as a nursing home with assisted living, independent living and memory care. A portion of the area is also within an Open Wetlands future land use category. Currently, the area is located outside of the floodplain; however, the area has a tendency to be wet and is located near water detentions areas located in Prairie Hills and Reserve Addition. Future changes to the floodplain map may bring the floodplain to the site. Development at the site would need to satisfy floodplain development requirements, if any, at the time of construction. Legal Consideration: None Strategic Plan Consideration: Economic Growth – the project will provide needed senior care facility options including assisted living, memory care and senior independent living units. Financial Consideration: None Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table The Development Review Team and staff recommend approval of the amendment. The Planning Commission voted 6 – 0 recommending approval. Supporting Documentation: Resolution Legal Notice – City Council Legal Notice – Planning Commission Planning Commission Minutes Future Land Use Map Zoning Map High Density Residential Excerpt Resolution 22-090 A Resolution to Amend the Brookings, South Dakota Comprehensive Plan 2040 Whereas, the Comprehensive Plan provides a Major Street Plan Map, identifies a Future Land Use Map, projects population figures for the planning period, and describes an integrated land use vision for the City; and Whereas, the owner of property legally described as the East Six-Hundred and Twenty Feet (E 620’) of Block 3B, Excluding Platted Areas, in Prairie Hills Addition, an addition to the City of Brookings, Brookings County, South Dakota wishes to amend the Future Land Use Map for the area described from and Urban-Low Intensity (U-L) and Open/Wetlands (O/W ) to Medium Density Residential (MDR); and Whereas, the City Council of the City of Brookings, SD held a public hearing in accordance with SDCL 11-6-18 on the proposed amendment to the Future Land Use Map of the Brookings, South Dakota Comprehensive Plan 2040; and Whereas, the City Planning Commission of the City of Brookings, SD has recommended approval of the amendment to the Future Land Use Map of the Brookings, South Dakota Comprehensive Plan 2040 in accordance with SDCL 11-6-17. Now, Therefore, Be It Resolved that said amendment to the Future Land Use Map of the Brookings South Dakota Comprehensive Plan 2040 is hereby adopted by the City of Brookings. Dated this 22nd day of November, 2022. CITY OF BROOKINGS, SD ___________________________ Oepke G. Niemeyer, Mayor ATTEST: _______________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON AN AMENDMENT TO THE 2040 COMPREHENSIVE PLAN FOR THE CITY OF BROOKINGS NOTICE IS HEREBY GIVEN That the City Council will hold a public hearing on an amendment to the 2040 Comprehensive Plan for the City of Brookings pertaining to the future land use plan. NOTICE IS FURTHER GIVEN That said public hearing will be at 6:00 PM on Tuesday, November 22, 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 person interested may appear and be heard in this matter. Dated this 10th day of November, 2022. ____________________________ Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON AN AMENDMENT TO THE 2040 COMPREHENSIVE PLAN FOR THE CITY OF BROOKINGS NOTICE IS HEREBY GIVEN That the Planning Commission will hold a public hearing on an amendment to the 2040 Comprehensive Plan for the City of Brookings pertaining to the future land use plan. NOTICE IS FURTHER GIVEN That said public hearing will be at 5:30 PM on Tuesday, November 1, 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 Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 21st day of October, 2022. ____________________________ Ryan Miller City Planner Planning Commission Brookings, South Dakota November 1, 2022 OFFICIAL MINUTES Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday, November 1, 2022, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Kyle Jamison, Gregg Jorgenson, Jacob Mills, Lee Ann Pierce, Roger Solum, and Fargen. Absent were James Drew and Nick Schmiechel. Also present were City Planner Ryan Miller, Community Development Director Mike Struck, Angie Boersma, and Lane Warzecha with HME. Mills recused himself. Item #6b – Amendment to the Future Land Use Map. (Solum/Jorgenson) Motion to approve the amendment. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6b – This amendment is for an area along 20th Street South in the Prairie Hills Addition. Currently this land is zoned PDD with a B-2 underlying uses. The applicant is requesting the revision to the future land use map from Urban Low Intensity to High Density Residential on this parcel. Warzecha explained that they are proposing independent living, memory care and assisted living proposed for this site. Pierce questioned what would happen to this property if the commission approves this request and then they decide to build apartments instead. Miller explained that since this property is in a PDD with an underlying B-2, apartments would not be allowed. Because of the PDD, the applicants are still restricted as to what they can do. 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 22-0453,Version:1 Public Hearing and Action on an Amended Initial Development Plan - Block 3B of Prairie Hills Addition. Summary: HME Management has submitted an amended Initial Development Plan (IDP) for a portion of Block 3B in Prairie Hills Addition. The amended IDP is being proposed for a planned senior living community which will include assisted living, independent living and memory care. Recommendation: The Development Review Team recommends approval with the following conditions and exceptions: ·Allowing assisted living, memory care and apartments as allowable uses. ·An exception granted for including eight detached garage stalls towards the required off-street parking minimum. ·A condition that the western portion of the front parking lot be moved to an alternate location, such as to the south of the memory care units. The Planning Commission voted 6 - 0 recommending approval with the following conditions and exceptions: ·Allowing assisted living, memory care and apartments as allowable uses. ·An exception granted for including eight detached garage stalls towards the required off-street parking minimum. ·Allow parking in the front to remain as proposed and increase/improve the landscaping between the parking lot and street with a double row of trees. Attachments: Memo Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Original IDP Amended IDP DRT Parking Recommendation Future Land Use Map Zoning Map City of Brookings Printed on 11/17/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: November 22, 2022 Subject: Amended Initial Development Plan – Block 3B of Prairie Hills Addition Person(s) Responsible: Mike Struck, Community Development Director Summary: HME Management has submitted an amended Initial Development Plan (IDP) for a portion of Block 3B in Prairie Hills Addition. The amended IDP is being proposed for a planned senior living community which will include assisted living, independent living and memory care. Background: An Initial Development Plan was submitted by Prairie Hills LLC in August of 2013 and approved by the City Council in October 2013. The original plan called for a Planned Development District (PDD) with B-2 and B-2A, along with an additional permitted use of temporary personal storage. The IDP proposed the additional use along with proposed building locations for commercial / office space and community storage. The following changes to an IDP require an amendment, which follows the same process as a rezone request.  Any change in the proposed use(s) of the land or buildings which results in a 20 percent net increase in the balance of residential or commercial square footage.  A major change in the street plan.  An increase of 20 percent or more in the total density of the development.  Any decrease to the setbacks or buffer zones.  An increase of 10 percent or greater in the building height. Item Details: The Initial Development Plan must include the project name, legal description, a preliminary subdivision plan and the proposed development scheme with details related to the intended uses, development density, maximum proposed height, proposed design features to support compatibility with the surrounding neighborhood, anticipated sub-area development sequence and the proposed setbacks and bufferyards. The IDP includes a proposed site plan for the Senior Living Center @ Prairie Hills, a 106-unit senior living community on a 4.97-acre parcel with 40 independent living units, 39 assisted living units, and 27 memory care units. The overall density of the development would be roughly 21.3 units per acre. The development will include a proposed maximum height of 36 feet for the multi-story independent living portion of the development. In order to allow for the assisted living, independent living, and memory care uses, the PDD is requesting to add assisted living, memory care, and apartments as allowable uses. The PDD is requesting an exception to the minimum parking requirements to allow eight detached parking garage stalls to count towards the required parking. Section 94-433 would exclude detached garages from being counted towards the required off -street parking. The development is planning 68 parking stalls, including the 8 detached garage stalls. Sixty-eight parking spaces would be required for the anticipated number of units and projected 12 employees. The parking area includes a primary parking lot in front of the center with access to 20th Street South. The proposed site plan confirms standard setbacks and bufferyards, including an enhanced bufferyard for the planned 36-foot tall independent living apartment, will be met. Additionally, the site plan shows conformance with landscaping and access drive standards. The development is located within the Commercial Corridor Design Review Overlay District. Planned Development Districts are exempt from the standards applied within the overlay district; however, staff recommends meeting these standards to the greatest extent possible in order to achieve development which meets the intent of the Commercial Corridor Overlay District to the greatest extent possible. The intent and process for Planned Development Districts should encourage well-planned efficient urban development. Legal Consideration: None Strategic Plan Consideration: Economic Growth – the project will provide needed senior care facility options including assisted living, memory care, and senior independent living units. Financial Consideration: None Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table The Development Review Team recommends approval with the following conditions and exceptions:  Allowing assisted living, memory care, and apartments as allowable uses.  An exception granted for including eight detached garage stalls towards the required off-street parking minimum.  A condition that the western portion of the front parking lot be moved to an alternate location, such as to the south of the memory care units. The Planning Commission voted 6 - 0 recommending approval with the following conditions and exceptions:  Allowing assisted living, memory care, and apartments as allowable uses.  An exception granted for including eight detached garage stalls towards the required off-street parking minimum.  Allow parking in the front to remain as proposed and increase/improve the landscaping between the parking lot and street with a double row of trees. Supporting Documentation: Legal Notice – City Council Legal Notice – Planning Commission Planning Commission Minutes Original IDP Amended IDP DRT Parking Recommendation Future Land Use Map Zoning Map If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. NOTICE OF HEARING UPON AN INITIAL DEVELOPMENT PLAN TO A PLANNED DEVELOPMENT DISTRICT NOTICE IS HEREBY GIVEN That HME Management has submitted an Initial Development Plan within a Planned Development District on the following described real estate: Block 3B of Prairie Hills Addition NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00 PM on Tuesday, November 22, 2022 in the Chamber Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard in this matter. Dated this 10th day of November, 2022. _________________________ Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. NOTICE OF HEARING UPON AN INITIAL DEVELOPMENT PLAN TO A PLANNED DEVELOPMENT DISTRICT NOTICE IS HEREBY GIVEN That HME Management has submitted an Initial Development Plan within a Planned Development District on the following described real estate : Block 3B of Prairie Hills Addition NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, November 1, 2022 in the Chamber Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 21st day of October, 2022. Ryan Miller City Planner Planning Commission Brookings, South Dakota November 1, 2022 OFFICIAL MINUTES Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday, November 1, 2022, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Kyle Jamison, Gregg Jorgenson, Jacob Mills, Lee Ann Pierce, Roger Solum, and Fargen. Absent were James Drew and Nick Schmiechel. Also present were City Planner Ryan Miller, Community Development Director Mike Struck, Angie Boersma, and Lane Worzeka with HME. Mills recused himself. Item #6c – HME Management submitted an Initial Development Plan within a Planned Development District on Block 3B of Prairie Hills Addition (Aiken/Jorgenson) Motion to approve the amended Initial Development Plan with the following conditions and exceptions: 1.) Allowing assisted living, memory care and apartments as allowable uses., 2.) An exception granted for including eight detached garage stalls towards the required off-street parking minimum., 3.) A condition that the western portion of the front parking lot be moved to an alternate location, such as to the south of the memory care units. (Pierce/Solum) Amendment to the motion to keep the parking at the front of the building (as originally proposed by the applicant) and to increase/improve the landscaping between the parking lot and the street with a double row of trees. Amendment was voted on. All present voted aye. MOTION CARRIED. Motion as amended was voted on. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6c – This parcel is currently zoned as PPD with B-2 underlying. The applicant is requesting to add assisted living, memory care and apartments to the allowed uses under this PDD. The applicant is requesting an exception to the minimum parking requirements to allow eight detached parking garage stalls to count towards the required parking. The plan is for an access drive to the north and a shared access drive at the north west corner of the lot. The site plan shows conformance with landscaping and access drive standards. Staff recommends approval with conditions and exceptions. Worzeka explained more of the business plan and the purpose for the layout of the buildings as is. They would like to leave the parking plan as presented originally to help with employee entrance and delivery services. Jorgenson inquired as to why staff is recommending that they move the parking on the west side. Miller explained that they would like to reduce the amount of parking that would be viewed from the Commercial Corridor. They would like to see the buildings front the road, in the Commercial Corridor District, so this is their intent. Pierce feels that the parking should be left as the applicants requested. Fargen agrees with Pierce and also thinks they should beef up their landscaping rather than rearrange the functioning of the building. Aiken agrees with leaving the parking as proposed by the applicant. Drawing History No. Description Date N PLAN NORTH N TRUE NORTH Structural | name Mechanical | name Electrical | name Civil | name SheetSLH HOLDINGSSenior Living Center @ Prairie Hills20th Avenue SouthBrookings, SD 57006NOT FOR CONSTRUCTION #: 05-22 RISE DESIGN GROUP 2 North 3rd Street Grand Forks, ND 58203 701 740 -5160 Brookings, SD , 57006 605-655-2269 Initial Development Plan 10-19-22WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW W SS SSSSSS SS SS SSSSSSSSSSSSSSSSS S S S S S S S S S S S S S S S S S S S S S S S S S S S S S 1 S01 GASGASGASGAS GAS GAS GAS GAS GAS GAS GAS GASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGAS E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E EEES01 Master Site Plan Overall 14,124.37 sf 19,730.45 sf 20,398.73 sf 25,053.98 sf 2,378.28 sf 81,784 37.8 95,546 44.2 38,950 18.0 120,734 55.8 MEMORY CARE LIVING (27 UNITS) ASSISTED LIVING (39 UNITS) INDEPENDENT LIVING (40 UNITS) LANDSCAPING MINIMUM NUMBER OF TREES REQUIREMENTS PER SECTION 94-399 SURFACE AREA = 120,734 SF ONE TREE FOR FIRST 4,000 SF OF SURFACED AREA = (1) TREE ONE TREE FOR EACH ADDITIONAL 3,000 SF OF SURFACED AREA = (39) TREES TOTAL = (40) TREES 20% OF TREES SHALL BE PLANTED IN PARKING LOT ISLANDS (8) ANTICIPATED TREES PROVIDED EXISTING HEALTHY TREES = (12) TREES NEW TREES PER SECTION 94-399 = (56) TREES TOTAL = (68) TREES MINIMUM PLANTING STRIP OF THREE FEET SHALL BE INSTALLED ALONG ALL BUILDING FOUNDATIONS PER SECTION 94-399 13 (27) 68 10 1 12 13 25 26 34 41 42 54 55 62 PPD request is to add assisted living and memory care facility, apartments as allowable uses within the PDD. PPD request is to provide exemption to allow detached garage parking spaces towards totalrequired parking spaces on site. 1631 13 68 68 63 3323'-9"30'-0"25'-0" Drawing History No. Description Date N PLAN NORTH N TRUE NORTH Structural | name Mechanical | name Electrical | name Civil | name SheetSLH HOLDINGSSenior Living Center @ Prairie Hills20th Avenue SouthBrookings, SD 57006NOT FOR CONSTRUCTION #: 05-22 RISE DESIGN GROUP 2 North 3rd Street Grand Forks, ND 58203 701 740 -5160 Brookings, SD , 57006 605-655-2269 Initial Development Plan 10-19-22WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW W SS SSSSSS SS SS SSSSSSSSSSSSSSSSS S S S S S S S S S S S S S S S S S S S S S S S S S S S S S 1 S01 GASGASGASGAS GAS GAS GAS GAS GAS GAS GAS GASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGAS E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E EEES01 Master Site Plan Overall 14,124.37 sf 19,730.45 sf 20,398.73 sf 25,053.98 sf 2,378.28 sf 81,784 37.8 95,546 44.2 38,950 18.0 120,734 55.8 MEMORY CARE LIVING (27 UNITS) ASSISTED LIVING (39 UNITS) INDEPENDENT LIVING (40 UNITS) LANDSCAPING MINIMUM NUMBER OF TREES REQUIREMENTS PER SECTION 94-399 SURFACE AREA = 120,734 SF ONE TREE FOR FIRST 4,000 SF OF SURFACED AREA = (1) TREE ONE TREE FOR EACH ADDITIONAL 3,000 SF OF SURFACED AREA = (39) TREES TOTAL = (40) TREES 20% OF TREES SHALL BE PLANTED IN PARKING LOT ISLANDS (8) ANTICIPATED TREES PROVIDED EXISTING HEALTHY TREES = (12) TREES NEW TREES PER SECTION 94-399 = (56) TREES TOTAL = (68) TREES MINIMUM PLANTING STRIP OF THREE FEET SHALL BE INSTALLED ALONG ALL BUILDING FOUNDATIONS PER SECTION 94-399 13 (27) 68 10 1 12 13 25 26 34 41 42 54 55 62 PPD request is to add assisted living and memory care facility, apartments as allowable uses within the PDD. PPD request is to provide exemption to allow detached garage parking spaces towards totalrequired parking spaces on site. 1631 13 68 68 63 3323'-9"30'-0"25'-0" 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 22-0414,Version:1 Public Hearing and Action on a Temporary Alcohol Application from St. Thomas More Catholic School, to operate within the City of Brookings, South Dakota, on February 4, 2023, for a Winter Gala and Grand Auction to be held at 1700 8th Street South. Summary: St. Thomas More has applied for a temporary alcohol license to hold a fundraising event on February 4, 2022 at their facility located at 1700 8th Street South. All temporary alcohol licenses must be approved by the City Council through use of a public hearing. Recommendation: Staff recommends approval. Attachments: Memo Legal Notice SDCL References City of Brookings Printed on 11/17/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: November 22, 2022 Subject: Temporary Alcohol License Presenter: Bonnie Foster, City Clerk Summary: A Temporary Alcohol Application has been received from St. Thomas More Catholic School, for the Annual Winter Gala and Grand Auction. This fundraising event will be held on February 4, 2023 at 1700 8th Street South. This will be the 3rd year for this event holding a Temporary Alcohol License. Background: A public hearing and City Council action is required on all Temporary Alcohol Applications in which the person applying does not hold an on -sale alcoholic beverage license. Item Details: St. Thomas More Catholic School Annual Winter Gala and Grand Auction to be held on February 4, 2023 at 1700 8th Street South. Legal Consideration: All required documentation has been reviewed by City Attorney Steve Britzman. Strategic Plan Consideration: Service and Innovation Excellence – This temporary alcohol application allows for excellence in operations. Financial Consideration: As this is a Special Event Alcoholic Beverage License for an educational and charitable event, the $50 fee is waived as per Resolution 15-066. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a work session 5. Discuss / take no action / table Staff recommends approval. Supporting Documentation: Legal Notice SDCL References Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, November 22, 2022, in the Brookings City & County Government Center, 520 Third Street, to consider a Temporary Alcohol License Application from St. Thomas More Catholic School, to operate within the City of Brookings, South Dakota, on February 4, 2023, for a Winter Gala and Grand Auction to be held at 1700 8th Street South. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 15th day of November, 2022. Bonnie Foster, City Clerk Published time(s) at an approximate cost: $ . SD State Codified Law Reference SDCL 35-4-124. Special alcoholic beverage licenses--Special events. Any municipality or county may issue: 1) A special malt beverage retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license applicant; 2) A special on-sale wine retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4), (6), or (12) or any farm winery licensee in addition to any other licenses held by the special events license applicant; 3) A special on-sale license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4- 2(4) or (6) in addition to any other licenses held by the special events license applicant; 4) A special off-sale package wine dealers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), or (12) or any farm winery licensee in addition to any other licenses held by the special events license applicant. A special off-sale package wine dealers licensee may only sell wine manufactured by a farm winery licensee; 5) A special off-sale package wine dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization; 6) A special off-sale package malt beverage dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization; or 7) A special off-sale package dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization. The municipality or county may issue a license under this section for a time not to exceed fifteen consecutive days. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the license holds an on-sale alcoholic beverage license or a retail malt beverage license in the municipality or county or holds an operating agreement for a municipal on-sale alcoholic beverage license, and the license is to be used in a publicly-owned facility. The local governing body shall establish rules to regulate and restrict the operation of the special license, including rules limiting the number of licenses that may be issued to any person within any calendar year. Source: SL 2010, ch 185, § 1; SL 2011, ch 175, § 1; SL 2015, ch 195, § 1, eff. Mar. 13, 2015; SL 2018, ch 213, § 106; SL 2019, ch 162, § 2; SL 2020, ch 156, § 1. SDCL 35-4-124.1. Donation of beverages to civic, charitable, educational, fraternal, or veterans organization holding special events license. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(5) may only sell wine that has been donated by members of the public to be sold at the special event. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(6) may only sell malt beverages that have been donated by members of the public to be sold at the special event. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(7) may only sell alcoholic beverages that have been donated by members of the public to be sold at the special event. The donor shall purchase any donated alcoholic beverage from a licensed South Dakota retailer. Source: SL 2015, ch 195, § 2, eff. Mar. 13, 2015; SL 2018, ch 213, § 107 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 22-091,Version:1 Action on Resolution 22-091, a Resolution to Annex the North 18.84 acres of Tract 1 of BMU WTP Addition (Formerly Tract 1 Hansen Addition) in the NW ¼, Section 20, Township 110 North, Range 49 West of the 5th PM, Brookings County, South Dakota. Summary: Brookings Municipal Utilities has submitted a petition for annexation for 18.84 acres of land into the City of Brookings. The land is located along 34th Avenue south of the US Highway 14 Bypass. Recommendation: The Development Review Team recommends approval. The Planning Commission voted 7 - 0 recommending approval. Attachments: Memo Resolution Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Location Map Petition for Annexation Annexation Priority Map City of Brookings Printed on 11/17/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: November 22, 2022 Subject: Resolution 22-091: Annex the North 18.84 acres of Tract 1 of BMU WTP Addition (Formerly Tract 1 Hansen Addition) in the NW ¼, Section 20, Township 110 North, Range 49 West of the 5th PM, Brookings County, South Dakota. Person(s) Responsible: Mike Struck, Community Development Director Summary: Brookings Municipal Utilities (BMU) has submitted a petition for annexation for 18.84 acres of land into the City of Brookings. The land is located along 34th Avenue, South of the US Highway 14 Bypass. Background: Brookings Municipal Utilities recently purchased the land for the purposes of constructing a new water treatment plant. BMU owns an additional 24 acres of land south of the proposed annexation area, which will not be included in this annexation. Item Details: The land is located along the northeastern border of the City limits and within the US Highway 14 Bypass. The annexation area is adjacent to an industrial park situated along 32nd and 34th Avenues. The annexation parcel has frontage along 34th Avenue and BMU has agreed to dedicate additional right-of-way for 34th Avenue. The current boundary for the City of Brookings runs along the western property line of Tract 1 of BMU WTP addition as well as the west 420 feet along the southern property line. The annexation area is located within a Phase One annexation priority area. The Phase One priority area is for areas considered for near term annexation in areas adjacent to the city limits with access to city services. The area is currently zoned Joint Jurisdiction Agriculture. The property would default to the City’s Agriculture Zoning District upon annexation; however, BMU is considering a rezone to light industrial in order to conform with nearby zoning along with the anticipated used. A rezone to light industrial would need a possible revision to the Future Land Use Map. These items would be reviewed by the Planning Commission at a later meeting. Legal Consideration: None Strategic Plan Consideration: Sustainability – the annexation will support BMU’s new Water Treatment Plant Facility. The annexation is a Phase 1Priority according to the Comprehensive Plan. Financial Consideration: None Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table The Development Review Team recommends approval. The Planning Commission voted 7 - 0 recommending approval. Supporting Documentation: Resolution Legal Notice – City Council Legal Notice – Planning Commission Planning Commission Minutes Location Map Petition for Annexation Annexation Priority Map Resolution 22-091 Resolution to Annex the North 18.84 Acres of Tract 1 of BMU WTP Addition in the Northwest ¼ of Section 20, Township 110 North, Range 50 West of the 5th P.M., in Brookings County, South Dakota Whereas, the City of Brookings is authorized pursuant to South Dakota Codified Law 9-4-1 to annex contiguous territory upon receipt of a written petition, describing said territory sought to be annexed, signed by not less than three-fourths (3/4) of the legal voters and by the owner or owners of not less than three-fourths (3/4) of the value of said territory; and Whereas, the City of Brookings desires to annex the following described property, to wit: the North 18.84 Acres of Tract 1 of BMU WTP Addition in the Northwest ¼ of Section 20, Township 110 North, Range 50 West of the 5th P.M., in Brookings County, South Dakota; and Whereas, the aforementioned land is contiguous to the present boundaries of the City of Brookings; and Whereas, the City of Brookings has received a Petition for Annexation of Territory signed by the owners of greater than three-fourths (3/4) of the value of the aforementioned property and there being no legal voters residing in said territory. Now, Therefore, Be It Resolved by the City of Brookings, South Dakota, that the property described above is hereby annexed to the City of Brookings. Dated this 22nd day of November, 2022. CITY OF BROOKINGS, SD ___________________________ Oepke G. Niemeyer, Mayor ATTEST: _______________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A PETITION FOR ANNEXATION NOTICE IS HEREBY GIVEN That Brookings Municipal Utilities has submitted a petition for annexation of the following described real estate situated in Brookings County, South Dakota, to wit: Tract 1 of BMU WTP Addition, in the NW ¼ and the SW ¼ of Section 20, Township 110 North, Range 49 West of the 5th P.M., Brookings County, South Dakota. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00 PM on Tuesday, November 22, 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 person interested may appear and be heard in this matter. Dated this 10th day of November, 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 PETITION FOR ANNEXATION NOTICE IS HEREBY GIVEN That Brookings Municipal Utilities has submitted a petition for annexation of the following described real estate situated in Brookings County, South Dakota, to wit: Tract 1 of BMU WTP Addition, in the NW ¼ and the SW ¼ of Section 20, Township 110 North, Range 49 West of the 5th P.M., Brookings County, South Dakota. NOTICE IS FURTHER GIVEN That said request will be acted on by the Planning Commission at 5:30 PM on Tuesday, November 1, 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 Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 21st day of October, 2022. _________________________ Ryan Miller City Planner Planning Commission Brookings, South Dakota November 1, 2022 OFFICIAL MINUTES Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday, November 1, 2022, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Kyle Jamison, Gregg Jorgenson, Jacob Mills, Lee Ann Pierce, Roger Solum, and Fargen. Absent were James Drew and Nick Schmiechel. Also present were City Planner Ryan Miller, Community Development Director Mike Struck, Angie Boersma, and Lane Worzeka with HME. Item #6a – Brookings Municipal Utilities submitted a petition for annexation of a portion of Tract 1 of BMU WTP Addition in the NW1/4 and the SW1/4 of Section 20, Township 110 North, Range 49 West of the 5th P.M., Brookings County, South Dakota. (Mills/Aiken) Motion to approve the annexation request. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6a – This annexation is to bring 18.84 acres of Tract 1 of BMU WTP Addition, along 34th Avenue, into the City of Brookings. The Comprehensive Plan does show this tract of land in Phase One of the annexation priority 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 #:RES 22-089,Version:1 Action on Resolution 22-089, a Resolution Amending the Consolidated Fee Schedule. Summary: The City of Brookings Parks, Recreation, and Forestry Department has recently analyzed costs associated facility rentals. This resolution includes an increase for the Larson Nature Center Atrium rental and adds new fees for deluxe and special event packages at this facility. The fee schedule will also reflect rental fees for the Activity Center, as the City will assume management responsibilities beginning January 1, 2023. Recommendation: Staff recommends approval. Attachments: Memo Resolution City of Brookings Printed on 11/17/2022Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Erick Rangel, Chief Financial Officer Council Meeting: November 22, 2022 Subject: Resolution 22-089: amending the Consolidated Fee Schedule Presenter: Ashley Rentsch, Senior Finance Manager Summary: The City of Brookings Parks, Recreation, and Forestry Department has recently analyzed costs associated facility rentals. This resolution includes an increase for the Larson Nature Center Atrium rental and adds new fees for deluxe and special event packages at this facility. The fee schedule will also reflect rental fees for the Activity Center, as the City will assume management responsibilities beginning January 1, 2023. Background: The City of Brookings Parks, Recreation, and Forestry Department manages several facilities which are available for the public to rent for special events. This includes the Larson Nature Center at Dakota Nature Park, and the Activity Center, located at 320 5 th Avenue. The Park Board has recommended updates to the rental fees to accommodate for cost recovery associated with maintaining these facilities and providing services. Item Details: Changes to the Fee Schedule: Description Fee Previous Fee Percent Change Larson Nature Center Atrium (per hour) $75.00 $50.00 +50% Deluxe Event Package $800.00 NEW Fee NEW Fee Special Event Package $500.00 NEW Fee NEW Fee Activity Center Community Room (per hour) $30.00 CITY TAKING OVER ACTIVITY CENTER MANAGEMENT AS OF JANUARY 1, 2023 Set Up Fee (night before) $50.00 Kitchen Fee $50.00  Larson Nature Center: The atrium rental per hour will increase by $25 per hour to more adequately cover costs, and deluxe and special event packages will be added to accommodate larger events and provide expanded services in the facility.  Activity Center: This facility was previously managed by a board that collected all revenues and incurred expenses associated with rentals and events. Beginning January 1, 2023, the City of Brookings will assume full management responsibilities. The fees will be converted to an hourly rate for compatibility with online reservation software. Legal Consideration: None. Strategic Plan Consideration: This action supports fiscal responsibility by increasing fees to adequately cover the cost of providing services to the community. Financial Consideration: This resolution promotes cost neutrality and passes costs to facility users rather than being subsidized by the City’s General Fund. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Memo Resolution Resolution 22-089 Resolution Amending the Consolidated Fee Schedule W hereas, the adopted Municipal Code and City Policies make references to fees charged; and W hereas, it is prudent that the fees be reviewed for cost effectiveness . Now, Therefore, Be It Resolved, that the City of Brookings hereby adopts the following amendments to the Consolidated Fee Schedule: Description Fee Larson Nature Center Atrium (per hour) $75.00 Deluxe Event Package $800.00 Special Event Package $500.00 Activity Center Community Room (per hour) $30.00 Set Up Fee (night before) – flat fee $25.00 Kitchen Fee – flat fee $50.00 Dated at Brookings, SD, this 22nd day of November, 2022. CITY OF BROOKINGS, SD ________________________________ Oepke G. Niemeyer, Mayor ATTEST: ______________________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 22-0455,Version:1 City of Brookings Progress Report. Summary: Jacob Meshke, Assistant City Manager, will provide a progress report highlighting the City’s activities/projects. Attachments: Presentation City of Brookings Printed on 11/17/2022Page 1 of 1 powered by Legistar™ Progress ReportNovember 2022 •Work in Progress/Look Ahead •Window frames installed –waiting on glass •Exterior brick installation •Exterior paint (may be done in Spring) •Prime/texture followed by interior paint •Gutters/downspouts •Landscaping •Upcoming Work/Long Range •Ceiling Rough-Ins/Duct Work (early Nov.) •Cabinet Delivery (November) •Tiling and Finishes (November) •Finish MEP (December) •Punch List (December) •Move-In: January 2023 Food Insecurity Facility Interchange •Recent Updates •Work over the past month included: •Lane change for the northbound and southbound sides of the interstate has been removed •Gravel installed on roads leading up to the bridge including ramps •20th St and 22nd Ave intersection reopened •Next Steps •Work is winding down for this construction season. •Paving, curb and gutter, and shared-use path to be done in the spring/summer 2023 •Substantial completion: July 2023 Annual Overlay Project •Work Performed over Last Month •14th Ave –Seeded and opened to traffic •3rd St –Paved and opened to traffic •7th St Ramps and Valley Gutters –Paved and completed •Alleys –Approaches completed •Martin Blvd –Completed •Next Steps •Concrete sidewalk repairs (weather dependent) •Punchlist items Swiftel Center •November –24 event days •Brookings PRCA Rodeo •3,161 attendees •Record breaking gross ticket and F&B sales •Arena Wedding Five (5) Days After Rodeo •400 Attendees Save the Date •Holiday Celebration and Mayor’s Awards •Thursday, December 1, 5pm to 8pm •Swiftel Center