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Home My WebLink About2023_01_10 CC PKT - Revised2City Council City of Brookings Meeting Agenda 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, January 10, 2023 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 make a brief announcement or invitation, or request time on the agenda for an item not listed. Items to be added to the agenda will be scheduled at the end of the meeting. Individuals will state their name and city of residence for the record. Public Comment is limited to a maximum of three minutes per person. The comments and views expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City of Brookings or City Council. 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. Page 1 City of Brookings January 10, 2023City Council Meeting Agenda 5.A.ID 23-0002 Action to approve City Council meeting minutes. 12/20/2022 MinutesAttachments: 5.B.RES 23-001 Action on Resolution 23-001, a Resolution designating the depositories for municipal funds. ResolutionAttachments: 5.C.RES 23-002 Action on Resolution 23-002, a Resolution designating the Official Newspaper. ResolutionAttachments: 5.D.RES 23-004 Action on Resolution 23-004, a Resolution Amending a Resolution of Annexation of Contiguous Territory to the City of Brookings, South Dakota. Resolution 23-004 Resolution 22-091 Attachments: 5.E.RES 23-006 Action on Resolution 23-006, a Resolution Authorizing Change Order No. 2 for 2022-08STI Street Maintenance & Overlay Project; Bowes Construction, Inc. Memo Resolution Attachments: 5.F.ID 23-0016 Action to cancel the January 17, 2023 City Council Study Session. 6. Presentations/Reports: 6.A.ID 23-0001 Proclamation: Martin Luther King, Jr. Marade Day ProclamationAttachments: 6.B.ID 23-0026 Proclamation: Recognize, Honor, and Congratulate the SDSU Jackrabbit Football Team as the 2022 NCAA Division I FCS National Champions. ProclamationAttachments: 6.C.ID 23-0023 Reports: City Council Ex-Officio Reports 6.D.ID 23-0015 Report: SDSU Student Association. 6.E.ID 23-0017 Mayor’s State of the City and 2021-2026 Council Strategic Plan Update. Memo 2021-2026 City Council Strategic Plan – 2022 Update Attachments: 7. Contracts/Change Orders: Page 2 City of Brookings January 10, 2023City Council Meeting Agenda 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 23-001 First Reading and Introduction of Ordinance 23-001, an Ordinance amending the Term of Office and the Organization of the Planning Commission. Second Reading and Action: January 24, 2023. Memo Ordinance - clean Ordinance - marked Notice Attachments: 9. Public Hearings and Second Readings: 9.A.ORD 22-043 Public Hearing and Action on Ordinance 22-043, an Ordinance to rezone 18.84 acres of BMU WTP Addition. Memo Ordinance Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Petition to Rezone Location Map Zoning Map Future Land Use Map I-1 Zoning Excerpt Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 12/20/22 City Council read into the record 10. Other Business: 11. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any topic at a future meeting. Items cannot be added for action at this meeting. A motion and second is required which states the topic, requested outcome, and time frame. A majority vote is required. 12. 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 Page 3 City of Brookings January 10, 2023City Council Meeting Agenda 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. Individuals will give their name and city of residence for the record. Public Comment may be submitted prior to the meeting by the following means: 1) Email comments to the City Clerk (cityclerk@cityofbrookings-sd.gov), 2) participate remotely, or 3) via eComment (https://cityofbrookings.legistar.com/Calendar.aspx ). Comments provided will become part of the official record and subject to review by all parties and the public. The comments and views expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City of Brookings or City Council. 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 the City 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 23-0002,Version:1 Action to approve City Council meeting minutes. Attachments: 12/20/2022 City Council Minutes City of Brookings Printed on 1/11/2023Page 1 of 1 powered by Legistar™ Brookings City Council December 20, 2022 (unapproved) The Brookings City Council held a joint meeting with the County Commission on Tuesday, December 20, 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: Angela Boersma, Lee Ann Pierce, Mike Bartley, Ryan Krogman, and Larry Jensen. City Manager Paul Briseno, City Attorney Steve Britzman, and City Clerk Bonnie Foster were also present. Agenda. A motion was made by Council Member Doran, 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. Ordinance 22-037. A public hearing was held on City Council Ordinance 22-037, an Ordinance adopting the Joint Jurisdiction Zoning Ordinance for the City of Brookings and Brookings County. A motion was made by Council Member Tilton Byrne, seconded by Council Member Collins, that Ordinance 22-037 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. County Commission Ordinance 22-05. A public hearing was held on Brookings County Commission Ordinance 22-05, an Ordinance adopting the Joint Jurisdiction Zoning Ordinance for the City of Brookings and Brookings County. A motion was made by County Commission Member Bartley, seconded by County Commission Member Pierce, that Ordinance 22-05 be approved. The motion carried by the following vote: Yes: 5 – Boersma, Pierce, Bartley, Krogman, and Jensen. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that the City Council and County Commission Joint Meeting be adjourned at 6:10 p.m. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker (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 6:15 p.m.) Consent Agenda. A motion was made by Council Member Collins, seconded by Council Member Wendell, 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 12/13/2022 City Council meeting minutes. B. Action on Volunteer Board, Committee, and Commission appointments: Board of Appeals: reappoint George Houtman (term expires 1/1/2028); Brookings Disability Awareness Committee: reappoint Ismael Collazo and Ali Teesdale (terms expire 1/1/2026); Business Improvement District #1 Board: reappoint Kate Treiber and Lynda Pierce (terms expire 1/1/2026); Historic Preservation Commission: reappoint Nathaniel Condelli and Matthew Weiss (terms expire 1/1/2026); Human Rights Commission: reappoint Dianne Nagy, Erica Moore, and Amanda Fickes (terms expire 1/1/2026); Library Board: reappoint Kathy Miller (term expires 1/1/2026), and appoint Brittany Shaw (term expires 1/1/2026); Planning Commission: reappoint Roger Solum, and Appoint Kayla Lounsbury (terms expires 12/31/2027), and appoint Scot Leddy (term expires 12/31/2027); Public Arts Commission: reappoint Jamison Lamp (term expires 1/1/2026), appoint Abigail Ramsbottom and Betty Beer (terms expire 1/1/2026); and appoint D’Shaun Herman (term expires 1/1/2025); Sustainability Council: reappoint Emile Abele (term expires 1/1/2026), and reappoint Betty Beer (term expires 1/1/2024); Swiftel Center Advisory Committee: reappoint Jeff Holm (term expires 1/1/2026); appoint Elena McKeown (term expires 1/1/2026); and appoint Kyleigh Cramer (term expires 1/1/2025); Traffic Safety Committee: reappoint Brian Lueders (term expires 12/31/2025). C. Action on Resolution 22-094, a Resolution declaring surplus property for the City of Brookings. Resolution 22-094 - Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Public Works – Street Dept.: Brother Fax 2820, Serial #U61325F7N131424 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 annual renewals for Medical Cannabis Establishment Licenses in the City of Brookings: Silver Creek Trading Co., dba Cannabis Connection – 1304 6th Street; TK Cannabis LLC, dba Prairie Grass – 310 7th Street West; Shangri-la SD, dba Shangri-la Dispensary – 1010 6th Street; Déjà Vu SD – 604 1st Avenue. Employee Service Awards Recognition. Community Development Dept.: Sarah Keizer (20 years); Brookings Public Library: Alice Hayes (10 years), and Nancy Swenson (5 years); Brookings Municipal Liquor Store: Andrew Ekeland (10 years); Parks, Recreation & Forestry Dept.: Paul Erickson (20 years), and William DeBlonk (15 years); Police Dept.: Christina Larson (15 years), Brian Franklin (15 years), Jonathan Weinrich (10 years); Rhett Larson (5 years); Jacob Vukovich (5 years); Travis Asmus (5 years); and Eric Lee (5 years); Solid Waste / Landfill Dept.: Tim Huber (25 years), and Calvin Cook (15 years); Street Dept.: Martin Wagner (5 years). Resolution 22-095. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, that Resolution 22-095, a Resolution Authorizing Change Order No. 1 for 2022-05STI Main Avenue South and 8th Street South Intersection Reconstruction; Bowes Construction, Inc., be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Resolution 22-095 - Resolution Authorizing Change Order No. 1, for 2022-05STI Main Avenue and 8th Street South Intersection Reconstruction; Bowes Construction, Inc. Be It Resolved by the City Council that the following change o rder be allowed for 2022-05STI Main Avenue and 8th Street South Intersection Reconstruction Project: Construction Change Order Number 1: Adjust plan quantities to include additional work. The work being added includes the rental of message boards, thermoplastic line painting, and utility work. The total price increase in the contract for these changes is $61,359.45. FIRST READING – Ordinance 22-043. Introduction and First Reading was held on Ordinance 22-043, an Ordinance Rezone18.84 acres of BMU WTP Addition. Public Hearing and Action: January 10, 2023. Ordinance 22-041. A public hearing was held on Ordinance 22-041, an Ordinance Amending Ordinance Section 82-521, and Pertaining to Maximum Duration of Parking in Public Parking Lots in the City of Brookings. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Ordinance 22-041 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. On-Sale Liquor Operating Agreement change. A public hearing was held on a request to change the On-Sale Liquor Operating Agreement with Den-Wil Hospitality Group, Inc., Dennis Bielfeldt, owner, to doing business as Boss’s Pizzeria at 2515 6th Street, Brookings, SD. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that the Operating Agreement change be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Resolution 22-102. A public hearing was held on Resolution 22 -102, a Resolution Accepting and Awarding the Bid for Recyclable Processing and Marketing. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that Resolution 22-102 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Resolution 22-102 - Resolution Accepting and Awarding the Bid for Recyclable Processing and Marketing Whereas, on November 25, 2022 the City of Brookings solicited bid proposals for the processing and marketing of the City’s residential single stream recyclables; and Whereas, on December 6, 2022 the City of Brookings received one responsive bid from Waste Connections of South Dakota, Inc., dba Cook’s Wastepaper & Recycling, which provides that the City of Brookings pay the sum of $60 per ton of recyclable material processed and marketed; and Whereas, the City of Brookings, South Dakota, intends to enter into an agreement with Waste Connections of South Dakota, Inc., dba Cook’s Wastepaper & Recycling for a period of five (5) years, commencing January 1, 2023; and Whereas, a Public Hearing on this Resolution was held on December 20, 2022 at 6:00 o'clock P.M. in the Chambers of the City & County Government Center and all persons were given an opportunity to be heard on this Resolution. Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota, as follows: A. The City of Brookings accepts the bid of $60 per ton submitted by Waste Connections of South Dakota, Inc. dba Cook’s Wastepaper & Recycling and intends to enter into an agreement with Waste Connections of South Dakota, Inc. dba Cook’s Wastepaper & Recycling as set forth above; and B. That the City Manager is authorized to execute the Agreement in accordance with this Resolution. Resolution 22-097. A public hearing was held on Resolution 22 -097, a Resolution of Intent to Lease Real Property at Brookings Airport to M&C Partners, LLC. A motion was made by Council Member Collins, seconded by Council Member Tilton Byrne, that Resolution 22-097 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Resolution 22-097 - A Resolution of Intent to Lease Real Property at Brookings Airport to M&C Partners LLC Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with M&C Partners LLC for a period of 25-years, commencing on January 1, 2023 and ending December 31, 2047 and pertaining to the following described property: 4,032 square feet on Site 117A and 117B at the Brookings Regional Airport, in Section 26 and 27, T110N, R50W in the City of Brookings, Brookings County, South Dakota. The lease will be payable annually by the last day of January of each year and subject to increases set by the Brookings City Council. The 2023 lease amount will be five hundred sixty-four dollars and forty-eight cents ($564.48). Be It Further Noted, that a Public Hearing on this Resolution was held on December 20, 2022 at 6:00 o’clock P.M. in the Chambers at the Brookings City and County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota, as follows: A. The City of Brookings enter into a Lease Agreement with M&C Partners LLC as set forth above; and B. That the City Manager is authorized to execute the Lease Agreement in accordance with this Resolution. Resolution 22-092. A public hearing was held on Resolution 22 -092, a Resolution of Intent to Lease Real Property to Lyle Bothe for Agricultural Haying in Section 11-T109N- R50W (Main Avenue South and 32nd Street South). A motion was made by Council Member Wendell, seconded by Council Member Specker, that Resolution 22 -092 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Resolution 22-092 - Resolution of Intent to Lease Real Property to Lyle Bothe for Agricultural Haying in Section 11-T109N-R50W (Main Avenue South and 32nd Street South) Be It Resolved by the City Council of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with Lyle Bothe for a period of one year, commencing January 1, 2023 and ending December 31, 2023, with Lyle Bothe having the option to renew this Lease for two additional one-year terms for 2024 and 2025. This lease pertains to the following described property: the designated hay land, consisting of Eighteen (18) acres more or less, in Section 11-T109N-R50W, in the City of Brookings, Brookings County, South Dakota. The Lessee will pay the City One Hundred Dollars ($100.00) per acre for the hay land ($1,800) with the first half payable on July 1st of each year and the second half payable on November 1st of each year. A Public Hearing on this Resolution was held on December 20, 2022 at 6:00 o'clock P.M. in the Chambers of the City & County Government Center and all persons were given an opportunity to be heard on this Resolution of the Intent to Lease Real Property. Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota, as follows: A. The City of Brookings enter into a Lease Agreement with Lyle Bothe as set forth above; and B. That the City Manager is authorized to execute the Lease Agreement in accordance with this Resolution. Resolution 22-100. A public hearing was held on Resolution 22 -100, a Resolution of Intent to Lease Real Property to MC Hay for Agricultural Haying in Section 21-T110N- R50W (West of Brookings Regional Airport). A motion was made by Council Member Specker, seconded by Council Member Doran, that Resolution 22 -100 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Resolution 22-100 - Resolution of Intent to Lease Real Property to MC Hay for Agricultural Haying in Section 21-T110N-R50W (West of Brookings Regional Airport) Be It Resolved by the City Council of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with MC Hay for a period of one (1) year, commencing January 1, 2023 and ending December 31, 2023, with MC Hay having the option to renew this Lease for two additional one-year terms for 2024 and 2025. This lease pertains to the following described property: the designated hay land, consisting of Eighty-Five (85) acres more or less, in Section 21- T110N-R50W, in the City of Brookings, Brookings County, South Dakota. The Lessee will pay the City One Hundred Forty-One Dollars and Fifty Cents ($141.50) per acre for the hay land ($12,027.50) with the first half payable on July 1 st of each year and the second half payable on November 1st of each year. A Public Hearing on this Resolution was held on December 20, 2022 at 6:00 o'clock P.M. in the Chambers of the City & County Government Center and all persons were given an opportunity to be heard on this Resolution of the Intent to Lease Real Property. Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota, as follows: A. The City of Brookings enter into a Lease Agreement with MC Hay as set forth above; and B. That the City Manager is authorized to execute the Lease Agreement in accordance with this Resolution. Resolution 22-098. A public hearing was held on Resolution 22 -098, a Resolution of Intent to Lease Real Property to MC Hay for Agricultural Crop Land in Section 19-T110N- R49W (32nd Avenue & Capital Street). A motion was made by Council Member Wendell, seconded by Council Member Doran, that Resolution 22-098 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Resolution 22-098 - Resolution of Intent to Lease Real Property to MC Hay for Crop Land in Wiese Addition, Section 19-T110N-R49W (32nd Avenue and Capital Street) Be It Resolved by the City Council of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with MC Hay for a period of one (1) year, commencing January 1, 2023 and ending December 31, 2023, with Mc Hay having the option to renew this Lease for two additional one-year terms for 2024 and 2025. This lease pertains to the following described property: the designated crop land, consisting of Thirty (30) acres more or less, in Wiese Addition, Section 19-T110N-R49W, in the City of Brookings, Brookings County, South Dakota. The Lessee will pay the City Two Hundred Seventy-Five Dollars ($275.00) per acre for the crop land ($8,250.00) with the first half payable on April 1st of each year and the second half payable on November 1st of each year. A Public Hearing on this Resolution was held on December 20, 2023 at 6:00 o’clock P.M. in the Chambers of the City & County Government Center and all persons were given an opportunity to be heard on this Resolution of the Intent to Lease Real Property. Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota as follows: A. The City of Brookings enter into a Lease Agreement with MC Hay as set forth above; and B. That the City Manager is authorized to execute the Lease Agreement in accordance with this Resolution. Resolution 22-099. A public hearing was held on Resolution 22-099, a Resolution to Amend the 2040 Comprehensive Plan’s Future Land Use Map. A motion was made by Council Member Wendell, seconded by Council Member Collins, that Resolution 22-099 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Resolution 22-099 - A Resolution to Amend the Brookings, South Dakota Comprehensive Plan 2040 Whereas, the Comprehensive Plan provides a Major Street Plan Map, identifies a Fu ture 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 North 18.84 acres of Tract 1 of BMU WTP Addition in the NW ¼ of Section 20-T110N-R49W, Brookings County, South Dakota wishes to amend the Future Land Use Map for the area described from an Urban Medium Intensity (UM) to a Civic (C); 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 amendments to the Future Land Use Map of the Brookings, South Dakota Comprehensive Plan 2040 is hereby adopted by the City of Brookings. Resolution 22-101. A motion was made by Council Member Specker, seconded by Council Member Doran, that Resolution 22-101, a Resolution Transferring City Manager Contingency Funds to City Departments, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Resolution 22-101 - A Resolution Transferring City Manager Contingency Funds to City Departments Whereas, the City of Brookings hereby transfers City Manager’s contingency funds to fund unplanned operational obligations of the municipality. This resolution is for the purpose of completing a transfer of contingency funds to the following accounts: 452 Parks Department 101-452-5-425-04 Maintenance Equipment $6,000 101-452-5-426-10 Gasoline $7,000 101-452-5-426-13 Diesel $7,000 453 Larson Ice Center 101-453-5-911-00 $5,000 Total Transfers $25,000 The Financing Source for this transfer is from the following account: 101-405-5-856-99 Contingency Fund $25,000 Total Source of Funding $25,000 Whereas, this resolution is deemed necessary for the immediate preservation of the public peace, health, safety and support of the City, and shall become effe ctive upon publication. Resolution 22-103. A motion was made by Council Member Specker, seconded by Council Member Tilton Byrne, that Resolution 22-103, a Resolution to Annex 219.37 acres in the NW 1/4 and NE 1/4, Section 13, Township 110 North, Range 50 West of the 5th PM, Brookings County, South Dakota, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. Resolution 22-103 - Resolution to Annex 219.37 Acres of Section Thirteen (13), Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., County of Brookings, State of 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 Northwest Quarter (NW ¼) of Section Thirteen (13) Excluding the south Eight Hundred Sixty Feet (S 860’) of the North One Thousand Nine Hundred Seventy Feet (N 1,970’) of the West Six Hundred Twenty-eight Feet (W 628’), Excluding the North One Thousand One Hundred Ten Feet (N 1,110’) and Excluding Lot H-2 thereof; All in Section Thirteen (13), Township One Hundred Ten (110) North, Range Fifty (50) West of the 5 th P.M., County of Brookings, State of South Dakota; and The Northeast Quarter (NE ¼) of Section Thirtee n (13), Excluding the North One Thousand One Hundred Ten Feet (N 1,110’) of the West Four Hundred Seventy-eight Feet (W 478’) and Excluding the North Five Hundred Eighty-four Feet (N 584’) of the East Five Hundred Twenty-four Feet (E 524’) thereof, All in Section Thirteen (13), Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., County of Brookings, State of 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. Preliminary Plat. A motion was made by Council Member Avery, seconded by Council Member Wendell, that the preliminary plat be subject to a 60-foot right-of-way along the northern boundary of Lots 1 and 3, Block, 4 and the southern boundary of Lots 4 through 6, Block 4. Public Comment: Justin Bucher, Banner Assoc. The motion carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker. City Council Policy: Public Comment during City Council Meetings. A motion was made by Council Member Specker, seconded by Council Member Collins, that City Council Policy: Public Comment during City Council meetings, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Wendell, Tilton Byrne, Avery, Doran, and Specker; No: 1 – Collins. City Council Public Comment Policy The Brookings City Council encourages all residents to attend its meetings and welcomes their views on matters within the Board’s jurisdiction, whether expressed in person, electronically, or by written communication. All comments made by the public and members of the City Council must be civil and respectful. All regular and special meetings of the Brookings City Council shall be open to the public and shall conform to the Open Meetings Laws of South Da kota. The public is precluded from attending an executive session of the Brookings City Council. Authority of the Chair In accordance with the Brookings City Charter, the Chair of the Brookings City Council is the designated individual who presides over City Council meetings. No person shall address a meeting of a public body without permission of the Chair, and all persons shall, at the request of the Chair, be silent. If a person:  Speaks out of order,  Expresses obscenities, threats, or inflammatory words, or  Engages in other disorderly conduct during a meeting. The Chair shall have the right to rule said person out of order, and may take steps to maintain order. Procedure for General Public Comments 1. Public comment will occur in the regular meeting during the Open Forum, except as otherwise determined by the Chair. 2. The Chair will commence the Open Forum with the following statements, “All speakers are asked to present their comments in a respectful and courteous manner, and within the 3-minute time limit. If obscenities, threats or inflammatory words are expressed during this meeting, you will be asked immediately to stop commenting. The comments and views expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City of Brookings or City Council.” This statement will be listed on the agenda. The streaming video will contain a brief narrative consistent with this policy. 3. Each person wishing to provide public comment in writing shall deliver such public comment to the City Clerk. To be included in the public record, written public comment must identify the person offering the public comment and their city of residence and the agenda item for which public comment is being offered or whether it is being offered as general public comment. Any public comment that does not include the name of the person submitting it will not be forwarded to the Council. Such public comment must be received by the City Clerk by 5 p.m. of the meeting day. Any public comment received after the deadline will not be posted prior to the meeting. 4. Each person wishing to provide live public comment is encouraged to make such public comment in person at the location advertised by the City Clerk. Individuals who wish to comment are asked to sign in with the City Clerk upon arrival at the meeting. If the City provides remote, electronic, or virtual options for providing live public comment, then the City Clerk shall, in advance of each meeting, post on the City's website how to provide such public comment. Please note that the primary format for providing live public comment is in person. The City cannot and does not guarantee remote, electronic, or virtual access to meetings. 5. Comments will be limited to 3 minutes per person. Verbal comments will be curtailed by the Chair once they exceed the time limits. 6. Speakers will begin their remarks by clearly stating their first and last name and city of residence for the record. 7. All comments must be made from the podium and must be directed to the Chair, unless the Chair determines otherwise. All others will be ruled out of order. 8. Speakers may not assign their time to another speaker, and in general, extensions of time will not be permitted. However, speakers who require reasonable accommodations for a speech-related disability or who require language interpretation services, or any other accommodations may request those accommodations from the City Clerk. Accommodations will be provided as the City is able. Speakers are encouraged to notify the City Clerk by email, or by phone at least 48 hours in advance, if possible, of the meeting if they wish to request an extension of time for one of these reasons. 9. Although the Public Comment time may be used to address questions to the Council, a speaker is not entitled to a response to any such question. 10. The Chair shall have the right to interrupt a speaker in order to enforce decorum and applicable rules. Other members of the City Council can call for a point of order. 11. The Chair reserves the right to terminate speech that is not Constitutionally protected because it constitutes true threats, incitement to imminent lawless conduct, comments that were found by a court of law to be defamatory, and/or sexually explicit comments made to appeal to prurient interests. Interruptions and Other Disturbances: Members of the public are required to act with decorum and to address the Governing Body and each other with respect. No person shall interrupt the proceedings of the City Council or cause any other form of disturbance or disruption. In furtherance of this general rule, the following specific rules shall apply to persons attending any meeting of the City Council: 1. Members of the public shall not engage in audible conversation or making noise in a way that inhibits individuals from hearing and/or participating in a public meeting, or disrupts the conduct of business by the Council. 2. Unless otherwise approved in advance of a Council meeting by the Chair or the Chair's designee, no sign or placard greater in size than 8.5" by 11" may be brought into the meeting room at any time. When a sign larger than 8.5" by 11" is authorized by the Chair or the Chair's designee, no such sign or placard shall be displayed in a manner that will inhibit individuals from viewing a public meeting, or that will otherwise disrupt the conduct of business by the Council. All signs must be consistent with restrictions set forth in the authority of the chair section. 3. Members of the public shall remain seated or stand without causing obstruction at all times; however, any person may enter and leave the meeting room at any time, provided such entrance or exit is made quietly and in an orderly fashion. 4. No person may be physically aggressive, impertinent, threatening, or otherwise uncivil, uttering fighting words, speeches invasive of the privacy of individuals, unreasonably loud speech, and speeches so disruptive of the proceedings that the business of the City is substantially interrupted. 5. It shall be the duty of the Chair to preserve order and decorum. Any member of the public engaging in disruptive behavior that interferes with the Governing Body's ability to conduct the business of the City may, after a warning, be subject to removal from the meeting. The Chair may limit the comments of any person who engages in this conduct. No person may continue to speak after the Chair has taken the floor from that person. The following specific conduct is prohibited during any meeting of the Council: a. Conduct in violation of any City ordinance, state or federal law, or any rule or regulation implementing state or federal law; b. Interruption of speakers; name calling; boisterous remarks; yelling; excessive loud commentary as determined by the Chair; c. Offensive use of abusive, obscene, profane, or threatening language or gestures; d. Acting or behaving in such an unreasonable manner so as to provoke a breach of the peace; and e. Any other act designed to intimidate, threaten, or harm persons, or damage or destroy property. f. The Chair shall have the right to interrupt a speaker in order to enforce these rules or other applicable rules of order. Any member of the governing body may call for a point of order to address any potential violations of this policy. 6. Members of the public shall silence all electronic devices. Response to Public Comments 1. Upon closing of the Open Forum period, further public comments pertaining to items not on the agenda will not be heard, unless approved by the Council. 2. During the Open Forum Period. City Council will generally listen rather than respond to comments. 3. Public comments related to repairs, maintenance, safety issues or general information will be referred to the appropriate department through the City Manager. Enforcement The standards of process and decorum set forth in these Rules will be enforced with necessary means, up to and including eviction from the premises of the meeting at the order of the Chair or a majority of the Members. In addition, a person who violates the standards of process and decorum will be subject to other action as deemed necessary by the Chair and Members. The removal of an offender from a public meeting shall proceed as follows: 1. The Chair shall give the offender notice that they are violating certain terms of these Rules and is subject to removal from the public meeting; however, depending on the severity and nature of an act performed by a disruptive individual, the Chair may call for immediate removal of the offender from the meeting room. 2. If the offender continues to violate any of the provisions of these Rules after receiving the above notice, the Chair may order the removal of the offender from the meeting room. If the offender continues the disturbance outside the meeting room, such that the orderly conduct of business by the Council is disrupted, the offender may be removed from the premises. 3. The offender has no right to appeal from an order of the Chair requiring the removal of the offender from the meeting room or from the City/County Building or meeting premises. 4. The offender removed from the premises may be criminally charged for any violation of applicable law. 5. Any offender found in violation of these Rules may be suspended from the opportunity to speak at a public meeting of the City Council. The first such suspension of an offender shall not be for a period of greater than one month. A second such suspension within a 12-month period shall not be for a period of greater than two months. A third such suspension within a 12-month period shall not be for a period of greater than three months. Any additional suspensions within a 12-month period shall not be for a period of greater than 12 months. Any violators can continue to utilize the public comment section of the meeting within the electronic Granicus system. Adjourn. A motion was made by Council Member Wendell, seconded by Council Member Doran, that this meeting be adjourned at 6:59 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 23-001,Version:1 Action on Resolution 23-001, a Resolution designating the depositories for municipal funds. Summary: Pursuant to SDCL 9-22-6, “Designation of depositories of municipal funds,” the governing body shall designate the depository or depositories in which the funds belonging to the municipality shall be deposited. Such depository or depositories shall be a bank or banks within the State of South Dakota, unless otherwise specifically provided by law. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 1/11/2023Page 1 of 1 powered by Legistar™ Resolution 23-001 Resolution Designating Official Depositories Pursuant to SDCL 9-22-6, the City Council of the City of Brookings, SD, hereby designates the following as depositories for Municipal Funds of the City of Brookings for the ensuing year: Bank Star Financial Central Bank Dakotah Bank Dakotaland Federal Credit Union First Bank & Trust First Interstate Bank SD Public Fund Investment Trust Wells Fargo Bank Passed and approved this 10th day of January, 2023. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 23-002,Version:1 Action on Resolution 23-002, a Resolution designating the Official Newspaper. Summary: Pursuant to SDCL 9-12-6 “Designation of official newspapers,” each municipality shall designate at a meeting of its governing body an official newspaper or newspapers for a period of time, not to be less than twelve months, specified by the governing body in a resolution. The newspaper shall be published in the municipality. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 1/11/2023Page 1 of 1 powered by Legistar™ Resolution 23-002 Resolution Designating the Official Newspaper Pursuant to SDCL 9-12-6, the City Council of the City of Brookings, SD, hereby designates the Brookings Register as the official newspaper for the City of Brookings for the ensuing year. Passed and approved this 10th day of January, 2023. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 23-004,Version:1 Action on Resolution 23-004, a Resolution Amending a Resolution of Annexation of Contiguous Territory to the City of Brookings, South Dakota. Summary: The City Council approved Resolution 22-091, a Resolution to Annex 18.84 acres to the City of Brookings. The resolution to annex referenced the Range 50 West in the legal description whereas the correct reference should have been Range 49 West. In order for the annexation to be recorded in the Office of the Register of Deeds, the legal description needs to be modified. The area of the annexation remains as the same 18.84 acres. Staff worked with the City Attorney on the procedures to correct the error and the City Attorney drafted the amended resolution. Recommendation: Staff recommends approval. Attachments: Resolution 23-004 Resolution 22-091 City of Brookings Printed on 1/11/2023Page 1 of 1 powered by Legistar™ Amended Resolution 23-004 Amended Resolution of Annexation of Contiguous Territory to the City of Brookings, South Dakota Be It Resolved by the Governing Body of The City of Brookings, South Dakota, as follows: Whereas, on November 22, 2022, the City of Brookings annexed an 18.84 acre tract of real property to the City pursuant to Resolution 2022-091, and Whereas, to properly record Annexation Resolution 2022-091 in the Office of the Register of Deeds, it is necessary to modify the legal description of the annexed property to revise the Range from Range 50 to the correct Range, which is 49, and Whereas, the dimensions of the annexed area remain the same at 18.84 acres, and no other amendment is necessary. Now, Therefore, Be It Resolved by the City of Brookings, South Dakota, that the property described below is hereby annexed to the City of Brookings, South Dakota: The North 18.84 acres of Tract One (1) of BMU WTP Addition in the Northwest Quarter (NW¼) of Section Twenty (20), Township One Hundred Ten (110) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota. Passed and approved this 10th day of January, 2023. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 23-006,Version:1 Action on Resolution 23-006, a Resolution Authorizing Change Order No. 2 for 2022-08STI Street Maintenance & Overlay Project; Bowes Construction, Inc. Summary: The 2022-08STI Street Maintenance & Overlay Project has been completed and a balancing change order to adjust bid quantities to as-constructed quantities is needed for final payment. Fiscal Impact: The contract will be decreased by $138,643.23. The costs for this project are included in the fiscal year 2022 adopted budgets: Street & Sidewalk Improvements, Account #280-000-5-960-00, and Street Curb & Gutter, Account #213-000-5-960-02. Recommendation: Staff recommends approval. Attachments: Memo Resolution City of Brookings Printed on 1/11/2023Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Charlie Richter, City Engineer Council Meeting: January 10, 2023 Subject: Resolution 23-006: Change Order No. 2 for 2022-08STI Street Maintenance & Overlay Project; Bowes Construction, Inc. Person(s) Responsible: Charlie Richter, City Engineer Summary: The 2022-08STI Street Maintenance & Overlay Project has been completed and a balancing change order to adjust bid quantities to as-constructed quantities is needed for final payment. Background: This is an annual street maintenance project, which includes asphalt milling, road reconstruction, water main work, and overlays on various streets in Brookings in need of repair. This year, the project also included sidewalk ramp upgrades and new fillets. Item Details: The project is completed and is ready to be closed out. The recommended change order will adjust the bid quantities to as-constructed quantities for a total decrease of $138,643.23 (7%). The decrease in cost for the project was primarily due to the removal of the mill and overlay of Medary Avenue (6th Street to Harvey Dunn Street). The substantial completion date for the project was November 11, 2022; however the project exceeded the substantial completion date by 3 working days. In accordance with the construction contract, staff recommends that the contractor be charged 3 days of liquidated damages. Recommended Change Order: Medary Ave. (6th St. to Harvey Dunn St., Approx.) ($154,987.90) Liquidated Damages (3 days x $950) ($ 2,850.00) Variety of additional bid quantities $ 19,194.67 Total Change Order ($138,643.23) The following is a summary of the contract from origination: Original Contract Price: $1,947,515.05 Change from Previously Approved Change Orders: $ 79,410.55 Contract Price Prior to this Change Order: $2,026,925.60 Decrease of this Change Order (No. 1 Final): ($ 138,643.23) Contract Price incorporating this Change Order: $1,888,282.37 Legal Consideration: None. Strategic Plan Consideration: The street maintenance program furthers the accomplishment of City Council Strategic Initiative of Maintaining Facilities with a Sustainable Plan. The asphalt material that is milled from the street surfacing is used in the hot asphalt mix that is placed in the overlay, thereby recycling the amount of virgin aggregate material and using less percentage of oil in the mix. The asphalt overlays will extend the life of the streets and reduce the need for a full reconstruction of the streets. Financial Consideration: The contract with Bowes Construction will be decreased by $138,643.23 for the adjustment of quantities. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Resolution 23-006 Resolution Authorizing Change Order No. 2, for 2022-08STI Street Maintenance and Overlay Project, Bowes Construction, Inc. Be It Resolved by the City Council that the following change order be approved for 2022-08STI, Street Maintenance and Overlay Project: Construction Change Order Number 2: Adjust bid quantities to as-constructed quantities. Adjustment of bid quantities for final payment results in a decrease change order. The total price decrease in the contract for these changes is $138,643.23. Passed and approved this 10th day of January, 2023. 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 23-0016,Version:1 Action to cancel the January 17, 2023 City Council Study Session. Summary: This action will cancel the January 17, 2023 City Council Study Session. This provides public notice of the change to the City Council meeting calendar. Recommendation: Staff recommends approval. City of Brookings Printed on 1/11/2023Page 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 23-0001,Version:1 Proclamation: Martin Luther King, Jr. Marade Day Summary: Mayor Niemeyer will present a Proclamation recognizing Martin Luther King, Jr. Marade Day on January 16, 2023 on the South Dakota State University campus. Attachments: Proclamation City of Brookings Printed on 1/11/2023Page 1 of 1 powered by Legistar™ MAYORAL PROCLAMATION CITY OF BROOKINGS, SOUTH DAKOTA WHEREAS, Dr. Martin Luther King, Jr. awakened the hearts of Americans by calling for equality amongst citizens and challenged all to participate in the never-ending work of building a more perfect union; and WHEREAS, every person has a right to be provided opportunities to learn, grow, and thrive in an environment that doesn't violate their safety, dignity or humanity; and WHEREAS, our community is made better when citizens live by Dr. King's philosophy to work together to better humankind as a united body; and WHEREAS, the community is invited to join a Rally and Marade, which is a combination of march and parade, starting at 11:00 a.m. at the South Dakota State University Student Union on January 16, 2023. NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim Monday, January 16, 2023 as MARTIN LUTHER KING, JR. MARADE DAY IN WITNESS WHEREOF, I have placed the Seal of the City of Brookings, State of South Dakota, this 10th day of January, 2023. Oepke G. Niemeyer, Mayor City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 23-0026,Version:1 Proclamation: Recognize, Honor, and Congratulate the SDSU Jackrabbit Football Team as the 2022 NCAA Division I FCS National Champions. Summary: Mayor Niemeyer will present a Proclamation to recognize, honor, and congratulate the SDSU Jackrabbit Football Team as the 2022 NCAA Division I FCS National Champions. Attachments: Proclamation City of Brookings Printed on 1/11/2023Page 1 of 1 powered by Legistar™ MAYORAL PROCLAMATION CITY OF BROOKINGS, SOUTH DAKOTA WHEREAS, on January 8, 2023, at Toyota Stadium in Frisco, Texas, the South Dakota State University Jackrabbit Football team won its first-ever NCAA Division I FCS National Championship; and WHEREAS, the No. 1 seeded Jackrabbits thumped their rival North Dakota State University Bison 45-21, ending the Bison’s nine-game winning streak in national championships; and WHEREAS, John Stiegelmeier (Coach Stig), head football coach at South Dakota State University since 1997, won his first national championship after guiding the Jackrabbits to 11 consecutive playoff appearances; and WHEREAS, Coach Stig was named the recipient of the 2022 Eddie Robinson Award, which honors the FCS national coach of the year; and WHEREAS, Coach Stig and the entire coaching and support staff, Athletic Director Justin Sell and staff, President Barry Dunn, parents of team members, and Jackrabbit fans worldwide were integral in guiding the team to victory through their unwavering support; and WHEREAS, winning the 2022 NCAA Division I FCS National Championship has brought honor to South Dakota State University and the City of Brookings on the local, state and national level. NOW, Therefore Be It Resolved, that I, Oepke Niemeyer, Mayor of the City of Brookings, do hereby recognize, honor and congratulate the South Dakota State University Jackrabbit Football team as the 2022 NCAA Division I FCS National Champions. Go Jacks! IN WITNESS WHEREOF, I have placed the Seal of the City of Brookings, State of South Dakota, this 10th day of January, 2023. Oepke G. Niemeyer, Mayor City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 23-0023,Version:1 Reports: City Council Ex-Officio Reports Summary: City Council Members, serving as Ex-Officio members on the Brookings Health System Board of Trustees and Utility Board, will provide verbal reports regarding recent meetings they have attended at the first City Council meeting of the month. Brookings Municipal Utility Board: 1.Council Member Wayne Avery 2.Council Member Bonny Specker Brookings Health Systems Board of Trustees: 1.Council Member Joey Collins 2.Council Member Brianna Doran City of Brookings Printed on 1/11/2023Page 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 23-0015,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 1/11/2023Page 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 23-0017,Version:1 Mayor’s State of the City and 2021-2026 Council Strategic Plan Update. Summary: The City Charter indicates a need for the State of the City to update all of the City Council’s efforts. The City of Brookings Strategic Plan is a guiding document to attain City Council’s desired outcomes for the community. Key focus areas prioritize goals and policies that will assist in attainment. The City Council updates the Strategic Plan annually. The Mayor will give a brief update of major accomplishments in 2022 and efforts that will progress the community in 2023. Attachments: 2021-2026 City Council Strategic Plan - 2022 Update City of Brookings Printed on 1/11/2023Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul M. Briseno, City Manager Council Meeting: January 10, 2023 Subject: Mayor’s State of the City and 2021-2026 Council Strategic Plan Update Person(s) Responsible: Oepke Niemeyer, Mayor of Brookings Paul M. Briseno, City Manager Summary: The City Charter indicates a need for the State of the City to update all of the City Council’s efforts. The City of Brookings Strategic Plan is a guiding document to attain City Council’s desired outcomes for the community. Key focus areas prioritize goals and policies that will assist in attainment. The City Council updates the Strategic Plan annually. The Mayor will give a brief update of major accomplishments in 2022 and efforts that will progress the community in 2023. Background: The City Council developed a five-year Strategic Plan for 2021-2026. Annually, the City Council receives an update on the plan. The living document should be reflective of the change in the community. The Strategic Plan is one of many documents that guide operations, policy, and strategy to attain this community's dreams. Item Details: The updated 2021-2026 City Council Strategic Plan contains five focus areas, which include: • Fiscal Responsibility • Safe, Inclusive and Connected Community • Service and Innovation Excellence • Sustainability • Economic Growth Within the plan, focus statements guide the prioritized policies or projects. Every Council meeting, staff reflects within all memos at least one of the five focus strategy areas to ensure constant commitment to the plan. Internally, the document is reviewed quarterly to monitor success. The report focuses on major achievements in 2022. Many of the projects identified will continue for the foreseeable future. Reported tasks must fit within the Council prioritized categories and generally require extensive staff investment to achieve. The organization's success is attributed to the City's employees and leadership's commitment to the community of Brookings and the City Council's Strategic Plan. Legal Consideration: None Strategic Plan Consideration: This report details the efforts to achieve City Council’s Strategic Plan for 2021-2026. Fiscal Responsibility – financial transparency, service delivery, service level, outside agency funding Safe, Inclusive, Connected Community– facility improvements, emergency management planning, Master Plans, Studies, Volunteer Boards Service and Innovation Excellence– performance management, governance, operations, intergovernmental relations, policy review Sustainability – sustainable measures (training, implementation, policy), environmental, future quality of life, Master Plans, Comprehensive Plan Economic Growth– community improvements, equitable opportunities, community appearance, city-owned land, land purchasing policy, future development/re-development, future growth Financial Consideration: Each reported item had a financial cost in time or material. Recommendation: This item is presented as a report to City Council and the public. Supporting Documentation: 2021-2026 City Council Strategic Plan – 2022 Update City of Brookings 0 | Page 2020 Budget Book December 2022 City of Brookings 1 | Page 2022 Update Task Identified Task In Progress Task Completed Vision 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! Mission The City of Brookings is committed to providing a high quality of life for its citizens by fostering a diverse economic base, innovative thinking, strategic planning, and proactive, fiscally-responsible municipal government. City of Brookings 2 | Page 2022 Update Task Identified Task In Progress Task Completed 2021-2026 STRATEGIC PLAN CITY OF BROOKINGS, SOUTH DAKOTA A. Fiscal Responsibility Brookings will implement innovative and responsible policies and business practices to effectively manage its fiscal and human resources for the short- and long-term. Brookings will maintain a stable financial environment that is transparent and that maintains an outstanding quality of life for our citizens. Business practices will be efficient, business-friendly, and ensure exceptional customer service to all stakeholders and citizens. GOAL 1: Outside Agency Funding Analysis (Capital/Economic/Social Services) - Economic masterplan 2023-28 goals/objectives implementation - City Council economic development masterplan creation - Outside agency funding dedicated budget process with workshops and study sessions - Agency subsidy benchmark analysis of peer communities completed - Social service agency analysis/recommendation/impact report provided by United Way GOAL 2: Evaluation of Existing Staffing, Service Delivery, & Service Level - Creation of a Sergeant Professional Standards position to oversee internal affairs, self- assessment/auditing, accreditation, policy and procedure review, budgeting assistance, training - All open positions evaluated for need and position refinement, including department location, job description, wages, etc. - Parks 5-year succession plan and evaluation of the department structure - Attain (1) landfill/collections, (1) Parks Staff, (1) Senior Citizen Center, (1) A2CM - Solid Waste structure enhanced to improve the span of control and leadership advancement - Evaluated staffing requests in City’s 10-year financial operational plan to ensure long-term impact is sustainable - In 2022, added 1 Deputy City Clerk (eliminated 2 part-time positions) and 3 Dispatchers - Restructure of Solid Waste and Street Divisions for an appropriate span of control, enhanced accountability and internal promotion opportunities - Lead Dispatchers added for an appropriate span of control, assist with overtime and provide necessary leadership - New part-time pay scale enacted for the current market in 2022 - IT security review of infrastructure and software GOAL 3: Maintenance of City Facilities & Infrastructure (Unfunded Liability) - Audio/video upgrade in City/County chambers and community room - Grant identification for desired projects through a contract with Baker Tilly - Public Safety Center Grant exploration - LED upgrades to all facilities through energy contract City of Brookings 3 | Page 2022 Update Task Identified Task In Progress Task Completed - Library Window replacement - Library chiller upgrade - Old food pantry facility demolition - Facilities impacted by 2022 Derecho impact fixed (majority) - $1.2 million of City Council Financial Policy in 2022 utilized for facility needs - All future facility maintenance needs now within the 10-year Capital Improvement Plan - Library exterior doors replaced and HVAC upgraded - Library mothers’ room completed - Library HVAC system and exterior doors were replaced/upgraded - Art Council’s elevator replaced GOAL 4: Review of Financial Reserve Policy - Reserve analysis provided at 2022 Council Retreat for initial direction - City Council Priority Project Funding Report presented quarterly GOAL 5: Long-Term Strategic Financial Plan - 10-year operational plan developed for annual utilization to ensure long-term viability - Edgebrook Golf Course capital reserve account established GOAL 6: Internal Financial Process Review & Auditing - Strengthened key identified risk processes, including cash handling - Assess opportunities to strengthen the safety of the City’s payment process - Ongoing continuous improvement lead and completed by internal staff - Consultant contracted and primary areas for improvement identified OTHER: - TIF 7 and 11 strategy maximizing the use of proceeds to assist stormwater needs within the area - FEMA financial reimbursement for Derecho impact - City’s Health Insurance plan analysis to ensure the long-term viability - 2020 Annual Comprehensive Financial Report (ACFR) Outstanding Award - 2021 Audit contained 0 material weakness - 2022 Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award - Budget presented to all employees and other outside groups - New 2022 Budget in Brief developed - $125,000 in private donations received for park features, maintenance equipment and staff - $4.3 million in American Rescue Plan Act (ARPA) distributed through Council recommendation $2.2 million for Mental Health, Child Care and Affordable Housing $2.2 million for Public Safety Facility - Purchase order system and project management program attained - Solid Waste and Street Divisions comprehensive evaluation of the Capital Improvement Program - COVID incentive shot program complete and included partnership with SDSU/SWIFTEL - Obtained a $2,500 Literacy Grant to add Wonderbooks and launchpads - Dark fiber infrastructure attained that increases efficiencies/communication and opportunities saving $85,000 over 5 years City of Brookings 4 | Page 2022 Update Task Identified Task In Progress Task Completed - Dell’s VxRail Hyperconverged Infrastructure combined multiple datacenters into one, creating costs savings - Fortinet Fortigate 100F Nextgen firewall installation eliminated 14 outdated firewalls with increased protection B. Safe, Inclusive, & Connected Community Brookings and our partners will provide programs, gathering places and events where the community can come together to participate in opportunities for learning, recreation and enjoyment. Connectivity within the community will be cultivated through citizen and cultural engagement, outstanding customer service, public safety, clear, and accessible communication. Our community's history, diversity, inclusivity, and environment will be protected for future generations. GOAL 1: Police Facility Improvements - Fully fund, design, engage public, and construct - FAA engaged to determine the feasibility of city-owned parcel - Owners representative hired - Engineer and construction manager at-risk selected for reconstruction/new construction - Preliminary estimate developed - Cash funding increased $7.5 million to $8.5 million through Council Financial Priority GOAL 2: Emergency Management Planning - Tabletop emergency exercise - Police Department employee NIMS/FEMA/ICS job-specific training - Annual review of Emergency Plan - Local emergency operations plan developed - City/County emergency preparedness exercise 2021 GOAL3: Fire Training Facility Improvements - Installation and operable - Facility bid and construction 2023 - City Council Financial Policy Projects prioritized funding GOAL 4: Food Pantry Improvements - New facility for Food Pantry, United Way, Backpack and Senior - Financial City administration and oversight of the project complete - $1.7 million Community Development Block Grant Secured - $1.9 million construction budget - Council committed $300,000 of Financial Policy Projects and County matched City of Brookings 5 | Page 2022 Update Task Identified Task In Progress Task Completed GOAL 5: Park Master Plan Implementation - Grant submissions for multiple park amenities identified within the masterplan - Edgebrook Golf Course revitalization plan - User agreements review and cost recovery exploration - Pickleball grant received - Master Plan recommendations incorporated into the 10-year Capital Improvement Plan - New Sexauer dog park grant attained and amenity developed - Ongoing evaluation of existing/new park features and usage - Expanded use of holding barn during the winter season - Established snow management policy for trails - Phase I construction of Dakota Nature Park Discovery Trail - Holding barn improvements identified for indoor use at $1.8 million (2022) - Updated joint use agreement with Brookings Public Schools - Updated agreements with user groups - Developed a donor opportunity catalog - Master plan completed GOAL 6: Bicycle Master Plan Awareness & Implementation - Trails along 20th Street 1-1.5 miles local/state/federal funding identified - Future trial easement acquisition - Prairie Hills hike and bike path second-phase grant submitted - On-street system considerations - Bike Committee transferred as a Parks Board subcommittee - Quarterly subcommittee meeting to review implementation progress and prioritize future plans - GIS bike master plan layer - Bike Master Plan now included in Development Review Discussions - Prairie Hills hike and bike path extension $87,000 State Grant awarded - Prairie Hills hike and bike path Phase I construction GOAL 7: Transportation Connectivity Index Development & Implementation - Develop Connectivity Index for new development considerations - Identify connectivity opportunities for all forms of transportation within existing and new developments GOAL 8: Housing Study Update & Implementation - Affordable housing project at 15th and 7th Ave $200,000 City Council approved ARPA funds and land sale Developer attained tax credits - Housing Study Completed - Residential R1D zoning setback and lot size reductions approved for better land use - Final Plat policy changed to allow administrative approval and expedite development - Residential development cost calculator completed GOAL 9: Downtown Master Plan Development & Implementation - Request for proposals drafted; progression pending funding prioritization City of Brookings 6 | Page 2022 Update Task Identified Task In Progress Task Completed GOAL 10: Volunteer Board Advancement – Presentations (Annual Report & Goal Setting) - Orientation provided to new members of all boards in collaboration with the chair and liaison - Traffic Safety Committee examination and education continued - Evaluation of board seats, quorum counts, and role/purpose of liaison members - Historic Preservation Commission intern secured through grant funds - Mayor’s Holiday celebration and awards event - All boards present at Council Retreat - Council elimination of inactive boards - Combination of boards for greater efficiencies, resources and outcomes - Created a newly structured orientation process for all new members OTHER: - License plate readers - Downtown interactive cameras - Radio communication tower relocation with backup power generation - Generator backup power to critical facilities - Master Transportation Street Plan grant - Implement fleet maintenance software - American Public Works Association training for streets staff (best management practices) - Signage standards for street markers - Infrastructure acceptance process for streets, lighting and storm drainage - Street facilities integrated into existing HVAC controls - Street facility integrated with existing city security software - Public outreach prioritized for capital improvement projects and road closures/events - Project coordination with BMU and other local agencies of major projects - Solid waste collection vehicles GPS and cameras added for efficiencies and operation safety - In-house Freon removal process at the landfill to aid in recycling of white goods - Natural Gas provider’s new Franchisee Agreement - Police software increases accountability and efficiency with policy as well as citizen complaints - Project portal for public viewing of project status - Play Ball art installation at Bob Shelden Field - Intergroup dialogue facilitator training at the library: 20 participants, 7 groups, 53 signed up - Remote road temperature sensors improve public transportation safety and winter response - Library Board’s 2022-2024 Strategic Plan finalized - Safety assessment on the Library completed - Security cameras and security card-key locks installed at the library - Library story time with ADVANCE - Library booth at Juneteenth Celebration - Library Native American Heritage Month Events: 5 events with 87 participants - Library LGBTQ+ Pride Events: 3 events with 37 participants - Library Black History Month Events: 7 programs with 156 participants - Library booth at the Multicultural Center Welcome Event: 33 signed up for library cards - Human Right Commission and SDSU common read film screening - Bystander training to the public - Continuation of listening sessions - South Dakota Humanities Grant for Native American History Month programming - Transforming Communities Grant for Black History Month City of Brookings 7 | Page 2022 Update Task Identified Task In Progress Task Completed - BMU water shutoff policy to eliminate trip/ADA hazards in sidewalks - $3.7m Bob Shelden Field renovation - Community Games - BISA Hockey Performance Center was privately funded and constructed - Park & Rec Summer Guide printed in Spanish C. Service & Innovation Excellence Brookings will provide a working environment that is committed to ongoing innovation and outstanding service through listening and engagement. Employees will be provided the tools, resources, and support while promoting continuous improvement and growth. GOAL 1: Performance Management Implementation & Enhancement - Brookings Performance Management Insights implemented and updated every six months - Quarterly CFO report directly linked to the public-facing website with interactive metrics - Staff serves on the International City/County Managers Association (ICMA) best practices for performance metrics GOAL 2: Development Review Team (DRT) Process Improvement - DRT met 33 times in 2022 to review plats, conditional use permits, policy, zoning and assistance - SDSU, School District, Utility companies and DRT have regular meetings - BMU and City meet quarterly on capital projects and opportunities - DRT mission, vision and expectations one-pager for team members created - Development community outline created to better understand DRT role, timeline and scope - Planning Commission presentation of DRT’s role in the development process - Standardized packet item deadlines and submission to team members, including the amendment of deadlines in municipal code for certain items that go to Planning Commission to allow adequate review GOAL 3: City Governance & Operations Policy Review - Ends and other Council policy review underway - Certified Public Safety Management (CPAM) study implementation - Police policy and CALEA continuous review/implementation - Police 30 x 30 initiative to increase diversity - City’s green building standards policy - Governance policies review - Police Certified Public Safety Management operations assessment - Special assessment policy GOAL 4: Community Survey Development, Distribution, & Review - Community Survey 2024 - City Council American Rescue Plan Act (ARPA) community and business survey - Economic Development Masterplan community and business survey - Brookings housing study community/county survey City of Brookings 8 | Page 2022 Update Task Identified Task In Progress Task Completed GOAL 5: Community-Oriented Policing Engagement, Awareness & Implementation - Social media outreach program expansion - Health and wellness collaboration with SDSU - Breakfast with Badges within the schools - Compliment/complaint online reporting - Two Citizen Academies - Coffee with a Cop program revived - National Night Out record-breaking attendance - Desk Officer Reporting system: Citizen reporting 24/7 of non-violent crimes GOAL 6: Intergovernmental Relations & Policy Shaping - Leadership continues relationships with local elected officials - Leadership provides review and response to legislation impacting Brookings - Leadership serves on multiple South Dakota Municipal League Committee - Leadership serves on the Chamber Public Policy committee - Staff serves on the executive board of professional associations at the state level GOAL 7: Marijuana Implementation Planning & Policy - Renewal of businesses licenses and inspection process - Initial zoning, application, fee, license and process created OTHER: - 2023 Salary Survey - Community Service Officer accreditation - Voluntary donation of vacation/sick leave policy - Voluntary Library accreditation through the South Dakota State Library - Library Lab increased programming opportunities in the Children’s Activity Room - Employee Suicide Prevention – training, first responders mental health services expanded, Connections consultant opportunities made available, doctor-on-demand mental health services - $40,000 Larson Family Foundation grant for a maker space and adding an audio system to the children’s activity room - City policy manual/union contracts/wage study on City of Brookings website for transparency - Police Department receive emotional Intel, biased-based and de-escalation training - Text to 911 implemented - Utilization of recruiting services and community engagement for Police Chief hiring - Performance review system updated - BKD Integra Hotline established for Employee Concerns - ADP implementation of payroll, compliance on-demand, data/document cloud, marketplace, time and attendance, benefit, employment verification, ACA, HR admin, talent services - Organization-wide employee cultural survey - Annual citywide diversity and biased-based training - Implemented spring cleanup real-time tracking website - Thermoplastic asset management and maintenance system created in GIS - Building permit software (iWorQ) integration with BMU for enhanced communication, efficiencies, etc., on building permit reviews - Joint Jurisdiction Zoning Ordinance Update – City and County Planning Commissions - Implementation of DocuSign software for better customer service and internal efficiencies City of Brookings 9 | Page 2022 Update Task Identified Task In Progress Task Completed D. Sustainability Brookings will meet our environmental, community, economic desires and needs without compromising future generations’ quality of life. We will strategically plan, implement and maintain current and future infrastructure and facilities, using technology when possible, to support the community’s quality of life, economic viability, and protect the environment. GOAL 1: Stormwater & Groundwater Master Plan, Best Practices, Maintenance, Development Code, Education, & Partnerships - Stormwater master plan and funding - Policy for development standards in flood-prone areas - Six Mile Stormwater Study - Permeable pavers installed at Bob Shelden - Stormwater residential collection pilot project on Jefferson addresses sump pump discharge complete with policy review for implementation in sections of new development - SDSU Collaborations – Stormwater BMP (rain gardens, rain barrels, education) - 20th & Medary stormwater improvement funding identified through TIF - CITCO educational retention demonstration garden partnership with SDSU - Six Mile Stormwater Study FEMA grant awarded for $100,000 GOAL 2: Sustainable Development Practices Training, Implementation & Policy - Waste tire regional collection event - Annual household hazardous waste collection event - Climate action plan - Sustainability certification of staff - Fast Charger public-private partnership for 60kW level 2 EV charger - Electric vehicle-only parking ordinance - CITCO electric vehicle charging station functional through a collaboration with BMU - New Electric fleet vehicle and direction to start moving to renewable fuel fleet - Urban Sustainability Director’s Network meetings attended by staff - Growing Sustainable Communities Conference attended by Staff and Sustainability Council - Employee Training Steering Committee – established an organization-wide training, including succession planning, customer service and communication - Library $1,000 Tangled Bank Wildflowers grant - Library wildflower seed giveaway - Library programming of wildflower/native pollinators - Library built and programmed 2 raised flower beds - Bid out recycling processing contract - All Department Heads attended sustainability training - Expansion of the Brookings Urban Forest tree program - Clothes recycling report - $10k new tree rebate program implemented - Emerald Ash Borer Management Plan City of Brookings 10 | Page 2022 Update Task Identified Task In Progress Task Completed GOAL 3: Park Land Dedication Policy - Research indicates this is not possible in South Dakota GOAL 4: Comprehensive Plan Implementation - Parking minimum reduction - Per unit density requirement eliminated in R-3 & R-3A districts for better land use - Increased maximum height in R-3 & R-3A districts to increase density - Electric (EMD) sign code updated - Maximum height adjustments in commercial and industrial districts - Infrastructure Acceptance Policy approved to protect City/Resident’s infrastructure - Commercial Overlay Districts adopted that protects the culture and aesthetics of Brookings on primary corridors - Buffer Yard Regulations enacted to increased green space and landscaping (BMP stormwater) incorporated to protect environment and neighborhoods OTHER: - Develop regional stormwater cell/system west of 32nd Ave and north of 14 - Street Excavation Permit revision to protect road infrastructure - Update pavement management system to ensure the quality of streets are sustained - Landfill Master Plan E. Economic Growth Effective community investment and equitable opportunities for prosperity are fostered through streamlined processes, technology, safety, proper planning, and an aesthetically attractive community appearance. This is supported by sustainable development through fostering partnerships. The quality of life for our citizens is key to our economic success. GOAL 1: Swiftel Center Return on Investment & Financial Planning - Swiftel Center operating below the previous management deficit - Continuous review for cost-saving measures - New contract with Spectra containing cost savings/mitigation measures GOAL 2: Swiftel Center Facility Expansion & Hotel - Study concluded Swiftel Center Facility not optimal for expansion at this time - Study concluded hotel development would benefit Swiftel - Consultant studied market & expansion needs GOAL 3: Swiftel Center Agriculture Market Growth - Secured large cattle show for summer 2023 - Contracted with a local consultant to assist in the growth of agriculture-related events - Hosted SDSU Jackpot Memorial Cattle show with prospects of an annual show City of Brookings 11 | Page 2022 Update Task Identified Task In Progress Task Completed GOAL 4: Marketplace Development - Progress proposals received GOAL 5: City-Owned Land & Purchasing Policy GOAL 6: Future Development & Growth Cost-Benefit Analysis – Cost Benefit calculator created for residential development analysis GOAL 7: Armory Redevelopment & Hotel – A new agreement approved with the transfer of property - New roof - TIF approved in 2022 GOAL 8: I-29 & 20th Street Interchange Construction - Construction completion anticipated 2023 - Funding, design, agreements attained - Council commitment of $2 million, County $2 million, Private local $700,000 and $18 million Fed OTHER: - City Council economic development masterplan 2023-28 implementation - Research Park sanitary sewer upgrade 20-100% capacity using CIP & TIF - $2.5m - Inventory of community photos for marketing contracted and shared with city partners - Brookings area workforce scholarship program $100,000 annually - Future land use GIS presentation to the key stakeholder of 10-15 years of developable land - Creation of TIF #11 to spur economic growth in the southwest portion of the community 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 23-001,Version:1 First Reading and Introduction of Ordinance 23-001, an Ordinance amending the Term of Office and the Organization of the Planning Commission. Second Reading and Action: January 24, 2023. Summary: An ordinance amending the length of terms of Planning Commission members from five (5) years to three (3) years and changing the secretary of the Planning Commission from the planning, zoning and housing administrator to the Community Development Director or designee. Recommendation: Staff recommends approval. Attachments: Memo Ordinance - clean Ordinance - marked Notice City of Brookings Printed on 1/11/2023Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Council Meeting: January 10, 2023 / January 24, 2023 Subject: Ordinance 23-001: Ordinance Amendment – Planning Commission Terms and Organization Presenter: Mike Struck, Community Development Director Summary: An ordinance amending the length of terms of Planning Commission members to three (3) years and changing the secretary of the Planning Commission to the Community Development Director or designee. Background: The terms of the Planning Commission are currently set as five (5) year terms per ordinance. Over the years, it has become more difficult to find volunteers to serve on the Planning Commission. Recent discussions with current and expiring Planning Commission members has identified the five (5) year term length as one of the factors in considering re-appointment to the Planning Commission. The second part of the ordinance amendment is to clean up language in the Organization section of Chapter 66 pertaining to the organization of the Planning Commission. Section 66-9 references the planning, zoning and housing administrator shall act as secretary of the Planning Commission. The planning, zoning and housing administrator is no longer a position recognized within the City of Brookings organizational structure. Item Details: The proposed ordinance would shorten the length of terms of the Planning Commission from five (5) years to three (3) years. This proposed change would align with many of the terms of other volunteer boards in the City of Brookings. The second part of the ordinance amendment is clerical to recognize updates within the organization and referencing the secretary of the Planning Commission as the Community Development Director or designee. Legal Consideration: The City Attorney drafted the ordinance amendment. Strategic Plan Consideration: The proposed ordinance amendment is consistent with City Council Strategic Plan Area of Service and Innovation Excellence by continually evaluating and updating policies to reflect the changing needs of our community. Reducing the length of terms for Planning Commission members may expand the pool of volunteers which provide an important service to the community. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the ordinance as presented. Supporting Documentation: Ordinance - clean Ordinance - marked Notice Ordinance 23-001 An Ordinance Amending the Term of Office of Members of the Planning Commission of the City of Brookings, South Dakota, and Amending the Title of the Secretary of the Planning Commission. Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows: That Sections 66-5 and 66-9 of Chapter 66 of the Code of Ordinances of the City of Brookings, pertaining to Term of Office and the Organization of the Planning Commission, are hereby amended to read as follows: I. Sec. 66-5. Terms. The term of each member of the planning commission shall be three years, except that appointment of each member shall be made in such a manner that results in an overlapping of terms. Sec. 66-9. Organization. Upon appointment, the Planning Commission shall convene and shall organize by electing a chairperson from among its members for a term of one year. The chairperson shall be eligible for re-election. The Planning Commission may fill such other of its offices as it may create. The Community Development Director or designee shall act as secretary of the Planning Commission, but shall not be a member thereof. II. Any or all other ordinances in conflict herewith are hereby repealed. First Reading: January 10, 2023 Second Reading: January 24, 2023 Published: CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Ordinance 23-001 An Ordinance Amending the Term of Office of Members of the Planning Commission of the City of Brookings, South Dakota, and Amending the Title of the Secretary of the Planning Commission. Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows: That Sections 66-5 and 66-9 of Chapter 66 of the Code of Ordinances of the City of Brookings, pertaining to Term of Office and the Organization of the Planning Commission, are hereby amended to read as follows: I. Sec. 66-5. Terms. The term of each member of the planning commission shall be five three years, except that appointment of each member shall be made in such a manner that results in an overlapping of terms. Sec. 66-9. Organization. Upon appointment, the Planning Commission shall convene and shall organize by electing a chairperson from among its members for a term of one year. The chairperson shall be eligible for re-election. The Planning Commission may fill such other of its offices as it may create. The planning, zoning and housing administrator Community Development Director or designee shall act as secretary of the Planning Commission, but shall not be a member thereof. II. Any or all other ordinances in conflict herewith are hereby repealed. First Reading: January 10, 2023 Second Reading: January 24, 2023 Published: CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT the Brookings City Council will hold a public hearing at 6:00 PM on Tuesday, January 24, 2023, in the Brookings City and County Government Center Chambers, 520 Third Street, to consider adoption of a revision to Section 66-5 and 66-9 of Chapter 66 of the Code of Ordinances pertaining to Term of Office and the Organization of the Planning Commission. Any person interested may appear and be heard in this matter. Dated this 13th day of January 2023. ____________________________ 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 22-043,Version:2 Public Hearing and Action on Ordinance 22-043, an Ordinance to rezone 18.84 acres of BMU WTP Addition. Summary: Brookings Municipal Utilities has submitted a petition to rezone 18.84 acres of land located along 34 th Avenue from Joint-Jurisdiction Agriculture to I-1 Light Industrial. Recommendation: DRT and Staff recommend approval. The Planning Commission voted 8 - 0 recommending approval. Attachments: Memo Ordinance Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Petition to Rezone Location Map Zoning Map Future Land Use Map I-1 Zoning Excerpt City of Brookings Printed on 1/11/2023Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: December 20, 2022 / January 10, 2023 Subject: Rezone 18.84 acres of BMU WTP Addition Person(s) Responsible: Mike Struck, Community Development Director Summary: Brookings Municipal Utilities (BMU) has submitted a petition to rezone 18.84 acres of land located along 34th Avenue from Joint-Jurisdiction Agriculture to I-1 Light Industrial. Background: In October 2022, BMU submitted a petition for annexation for 18.84 acres of land. The land will be the future location of a water treatment plant to soon be constructed. The land is currently zoned Joint Jurisdiction Agriculture; however, whenever annexation occurs, future zoning of the land should be considered in o rder to select an appropriate City zoning district. BMU has identified the Industrial I-1 Light District as the preferred zoning district to best match the semi-industrial look and feel of a water treatment plant, as well as tie into the existing zoning of the 32nd Avenue / 34th Avenue Industrial Park. Prior to being rezoned, an amendment to the Comprehensive Plan’s Future Land Use Map should be approved to an appropriate future land use classification. BMU has submitted a proposed amendment of the land from Urban Medium to Civic land use, which would support the rezone and intended land use. Item Details: The property is currently zoned Joint Jurisdiction Agriculture. Property to the west across 34th Avenue is zoned I-1. Property to the south is zoned both I-1 and Joint Jurisdiction Agriculture. Property to the east and north are zoned Joint Jurisdiction Agriculture. A water treatment plant would be a permitted use within the Industrial I-1 Light District as a public utility facility. Legal Consideration: None Strategic Plan Consideration: Service and Innovation Excellence – The project will support BMU’s efforts to build a new water treatment plant. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table DRT and Staff recommend approval. The Planning Commission voted 8 - 0 recommending approval. Supporting Documentation: Ordinance Hearing Notice – City Council Hearing Notice – Planning Commission Planning Commission Minutes Petition to Rezone Location Map Zoning Map Future Land Use Map I-1 Zoning Excerpt Ordinance 22-043 An Ordinance to Change the Zoning Within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: the North 18.84 Acres of 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, from a Joint Jurisdiction Agriculture District to an Industrial I- 1 Light District. In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading: December 20, 2022 Second Reading and Adoption: January 10, 2023 Published: January 13, 2023 CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk NOTICE OF PUBLIC HEARING Ordinance 22-043 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, January 10, 2023, in the Brookings City & County Government Center Chambers, 520 Third Street, to consider adoption of a revision to the City Code of Ordinances, entitled Ordinance 2 2-043, an Ordinance to Rezone 18.84 acres of BMU WTP Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 23rd day of December, 2022. CITY OF BROOKINGS Bonnie Foster, City Clerk Published one time at an approximate cost: $ . If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN that Brookings Municipal Utilities has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: 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. The request is to rezone the above described real estate from Agriculture District to Industrial I-1 District. NOTICE IS FURTHER GIVEN that said request will be acted on by the Planning Commission at 5:30 PM on Tuesday, December 6, 2022, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 25th day of November, 2022. _____________________________ Ryan Miller City Planner Planning Commission Brookings, South Dakota December 6, 2022 OFFICIAL MINUTES Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday, December 6, 2022, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Kyle Jamison, Gregg Jorgenson, Lee Ann Pierce, Nick Schmeichel, Roger Solum, and Fargen. Absent was Jacob Mills. Also present were City Planner Ryan Miller, Community Development Director Mike Struck, Dusten Hendrickson, Barnaby Wainman, Wade Price, Justin Bucher, and Eric Witt. Item #8a – Brookings Municipal Utilities submitted a petition to rezone 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. The request is to rezone from Agriculture District to Industrial I-1 District. OFFICIAL SUMMARY Item #8a – The request is to rezone 18.84 acres. This land is currently zoned Joint Jurisdiction Agriculture and the request is to I-1 Light Industrial. B MU WTP R ez on e 396 ft I-1 I-1 B-3 A B-3 B-3 B-3 I-1 PDD I-1R B-4 B-4 A A I-1 B-2 B-5 JJ-A Zoning Map 11/3/2022 0 0.14 0.280.07 mi 0 0.23 0.450.11 km 1:11,611 Business Park Industrial Urban Medium Urban High Urban Reserve Civic Future Land Use Map 11/3/2022 0 0.14 0.280.07 mi 0 0.23 0.450.11 km 1:11,611