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Home My WebLink About2023_02_14 CC PKTCity Council City of Brookings Meeting Agenda - Final Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, February 14, 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. 5.A.ID 23-0064 Action to approve City Council meeting minutes. Page 1 City of Brookings February 14, 2023City Council Meeting Agenda - Final 1/24/2023 MinutesAttachments: 5.B.ID 23-0062 Action on volunteer board, committee, commission appointments. 5.C.RES 23-014 Action on Resolution 23-014, a Resolution declaring surplus property for the City of Brookings. ResolutionAttachments: 5.D.RES 23-013 Action on Resolution 23-013, a Resolution Authorizing the Senior Finance Manager of the City of Brookings to sign checks and warrants. ResolutionAttachments: 5.E.ID 23-0061 Action to abate the 2022 Drainage Fee in the amount of $102.54, for Parcel Number 40338-01300-01100, known as Cottonwood Condos VI Common Area, located along 9th Avenue South, in the City of Brookings. Abatement Application Location Map Attachments: 5.F.ID 23-0075 Action to abate property taxes in the amount of $1,040.24 for Parcel #40991-40005-000-20, Madison Air Craft LLC, owner. Legal description: NW ¼ of SW ¼ in Section 26-T110N-R50W, Hangar #209, Brookings Regional Airport. Abatement Application Location Map Attachments: 5.G.ID 23-0076 Action to cancel the February 21, 2023 City Council Study Session. 6. Presentations/Reports: 6.A.ID 23-0065 Report: SDSU Student Association. 6.B.ID 23-0066 Reports: City Council Ex-Officio Reports 7. Contracts/Change Orders: 7.A.RES 23-015 Action on Resolution 23-015, a Resolution Awarding Bids on the 2023-04STI 22nd Avenue Phase 2 Reconstruction Project. Memo Resolution Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7.B.RES 23-011 Action on Resolution 23-011, a Resolution Approving the Purchase of Two (2) Hustler Mowers. Page 2 City of Brookings February 14, 2023City Council Meeting Agenda - Final Memo Resolution Quote Appendix - About Sourcewell Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 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 23-003 Introduction and First Reading on Ordinance 23-003, an Ordinance amending Chapter 94, Article VI, Division 4, Sec. 94-432 for the purposes of amending the minimum required parking spaces. Second Reading and Action: February 28, 2023. Memo Ordinance - clean Ordinance - marked Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Examples Drone Images Peer City Comparisons Attachments: 8.B.ORD 23-004 Introduction and First Reading on Ordinance 23-004, an Ordinance Amending Section 62-86 of the Code of Ordinances of the City of Brookings, South Dakota, and to Provide for Designation of “No-Mow” Vegetation Areas and “No Mow May” in the City of Brookings, South Dakota. Second Reading and Action: February 28, 2023. Memo Ordinance - clean Ordinance - marked Yard Sign Presentation Attachments: 8.C.ORD 23-005 Introduction and First Reading on Ordinance 23-005, an Ordinance granting a nonexclusive Natural Gas Franchise to NorthWestern Corporation, doing business as NorthWestern Energy, a Delaware Corporation, to Furnish and Sell Natural Gas to the City and its Inhabitants. Second Reading and Action: February 28, 2023. Page 3 City of Brookings February 14, 2023City Council Meeting Agenda - Final Memo Ordinance Exhibit A Ordinance 32-12 Attachments: 8.D.ORD 23-006 Introduction and First Reading on Ordinance 23-006, an Ordinance Authorizing Budget Amendment No. 11 to the 2022 Budget. Second Reading and Action: February 28, 2023. Memo Ordinance Attachments: 9. Public Hearings and Second Readings: 9.A.ORD 23-002 Second Reading and Action on Ordinance 23-002, an Ordinance Authorizing Budget Amendment No. 1 to the 2023 Budget. Memo Ordinance Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 1/24/23 City Council read into the record 9.B.RES 23-010 Public Hearing and Action on Resolution 23-010, a Resolution of Intent to Lease Real Property to Rural Technologies, Inc. Memo Resolution Notice Lease Exhibits Attachments: Action: Open & Close Public Comment, Motion to Approve, Roll Call 10. Other Business: 10.A.RES 23-016 Action on Resolution 23-016, a Resolution Transferring City Manager Contingency Funds to City Departments. Memo Resolution Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 10.B.ID 23-0056 Discussion and Possible Action on the 2023 Outside Agency Funding Recommendations. Memo 2023 Funding Recommendation Attachments: Page 4 City of Brookings February 14, 2023City Council Meeting Agenda - Final Possible Action: Motion to Approve, Request Public Comment, Roll Call 11. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any topic at a future meeting. Items cannot be added for action at this meeting. A motion and second is required which states the topic, requested outcome, and time frame. A majority vote is required. 12. Executive Session 12.A.ID 23-0072 Executive Session, pursuant to SDCL 1-25-2.1 for purpose of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; SDCL 1-25-2.3 for consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; and SDCL 1-25-2.5 Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. Action: Motion to Enter Into Executive Session, Voice Vote Action: Motion to Exit Executive Session, Voice Vote 13. Adjourn. Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Joey Collins, Brianna Doran, Holly Tilton Byrne, Bonny Specker Brookings City Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk Public Comment is limited to a maximum of three minutes per person. 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 5 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 23-0064,Version:1 Action to approve City Council meeting minutes. Attachments: 01/24/2023 City Council Minutes City of Brookings Printed on 2/9/2023Page 1 of 1 powered by Legistar™ Brookings City Council January 24, 2023 (unapproved) The Brookings City Council held a meeting on Tuesday, January 24, 2023 at 5:30 PM, at the Brookings City & County Government Center, Chambers, with the following City Council members present: Mayor Oepke Niemeyer, Council Members Joey Collins, Holly Tilton Byrne, Wayne Avery, Brianna Doran, and Bonny Specker. Absent: Council Member Nick Wendell, and City Manager Paul Briseno. Deputy City Manager Jacob Meshke, City Attorney Steve Britzman, and City Clerk Bonnie Foster were also present. Agenda. A motion was made by Council Member Specker, seconded by Council Member Collins, that the agenda be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Collins, Tilton Byrne, Avery, Doran, and Specker; Absent: 1 - Wendell. Open Forum. Jeanette Gibbons, Brookings, SD, expressed concerns with the City Council's City Council Meeting Public Comment Policy. Mayor Niemeyer extended a welcome to SDSU Communications and Journalism class "Watchdog Reporting" with Instructor Jim Helland. Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, to approve the Consent Agenda. The motion carried by the following vote: Yes: 6 - Niemeyer, Collins, Tilton Byrne, Avery, Doran, and Specker; Absent: 1 - Wendell. A. Action to approve the 01/10/2023 City Council Minutes. Presentation: Dr. Martin Luther King, Jr. Contest Awards. In celebration of Dr. King’s birthday, the Brookings Human Rights Commission sponsored a poster contest for K-1st Grade, 2nd3rd Grade, 4th-5th Grade, and Advance, along with an essay contest for middle school and high school students to help students reflect on Dr. King’s ideas and their impact on the community through their contest entry. This year’s theme was "Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.” Mayor Niemeyer presented the winners with the following awards: K-1st Grade Poster Contest: 1st Place – Kenlee Greve, 2nd Place – Simon Arnold, 3rd Place – Norah Miller. 2nd-3rd Grade Poster Contest: 1st Place – Don Lin, 2nd Place – Juliette Bechmann, 3rd Place – Emily Vandersnick. 4th-5th Grade Poster Contest: 1st Place – Timothy Jim, 2nd Place – Kate Gayne, 3rd Place – Maria Koromyslova; Advance Poster Contest: 1st Place – Cole Collins, 2nd Place – Maggie Stephens, 3rd Place – Fred Jess. Middle School Essay Contest: 1st Place – Sanhita Tummala, 2nd Place – Sinan Briddick, 3rd Place – Finn Bartlett. Report: SDSU Student Association. Blake Pulse, SDSU Students Association President, provided an update on SDSU happenings and Legislative updates which effect SDSU. Presentation: City of Brookings Community Economic Development Master Plan. Steven Pedigo, Vice-President, Strategy, of Resonance Company, presented the City of Brookings Community Economic Development Master Plan to the City Council and public. Resolution 23-012. A motion was made by Council Member Tilton Byrne, seconded by Council Member Avery, that Resolution 23-012, a Resolution Adopting the Brookings Community Economic Development Master Plan, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Collins, Tilton Byrne, Avery, Doran, and Specker; Absent: 1 – Wendell. Resolution 23-012 - A Resolution Adopting the Brookings Community Economic Development Master Plan Whereas, the City Council of the City of Brookings, SD received a presentation on the proposed Community Economic Development Master Plan for the City; and Whereas, the Community Economic Development Master Plan assesses all areas of existing efforts and assets including businesses interests, people, and places; and Whereas, the Community Economic Development Master Plan will be utilized as a resource for the City Council to prioritize funding allocation that will achieve economic development goals and objectives. Now, Therefore, Be It Resolved that the Brookings Community Economic Development Master Plan is hereby adopted for the City of Brookings. The Brookings Community Economic Development Master Plan shall be on file in the office of the City Clerk and is available for public inspection by any interested person. Resolution 23-007. A motion was made by Council Member Tilton Byrne, seconded by Council Member Avery, that Resolution 23-007, a Resolution Approving an Agreement with the Brookings Regional Humane Society for the Care and Disposition of Impounded Animals, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Collins, Tilton Byrne, Avery, Doran, and Specker; Absent: 1 – Wendell. Resolution 23-007 - A Resolution Approving an Agreement with the Brookings Regional Humane Society for the Care and Disposition of Impounded Animals Whereas, the City of Brookings has entered into an Agreement with the Brookings Regional Humane Society for the care and disposition of Impounded Animals; and Whereas, the Agreement would be effective for the calendar year 2023; and Whereas, this Resolution is intended to authorize the City to enter into the Agreement as described herein with the Brookings Regional Humane Society for the year 2023. Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota that the Agreement for 2023 with the Brookings Regional Humane Society is hereby approved and the City Manager and City Clerk are authorized to execute these Agreements. FIRST READING: Ordinance 23-002. A first reading and introduction was held on Ordinance 23-002, an Ordinance Authorizing Budget Amendment No. 1 to the 2023 Budget. Second Reading and Action: February 14, 2023. Ordinance 23-001. A motion was made by Council Member Specker, seconded by Council Member Doran, that on Ordinance 23-001, an Ordinance amending the Term of Office and the Organization of the Planning Commission, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Collins, Tilton Byrne, Avery, Doran, and Specker; Absent: 1 – Wendell. Resolution 23-005 – On-Off Sale Wine License. A motion was made by Mayor Niemeyer, seconded by Council Member Specker, that Resolution 23-005, a Wine Operating Agreement for Commonwealth Gaming & Holding, Co., dba Deuces Casino (Suite 105E), be tabled. The motion carried by the following vote: Yes: 6 - Niemeyer, Collins, Tilton Byrne, Avery, Doran, and Specker; Absent: 1 – Wendell. On-Off Sale Malt License. A motion was made by Mayor Niemeyer, seconded by Council Member Specker, that the On-Off Sale Malt License request be tabled. The motion carried by the following vote: Yes: 6 - Niemeyer, Collins, Tilton Byrne, Avery, Doran, and Specker; Absent: 1 – Wendell. Video Lottery License. A motion was made by Mayor Niemeyer, seconded by Council Member Specker, that the Video Lottery License request be tabled. The motion carried by the following vote: Yes: 6 - Niemeyer, Collins, Tilton Byrne, Avery, Doran, and Specker; Absent: 1 – Wendell. Resolution 23-008. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that Action on Resolution 23-008, a Resolution Amending the Consolidated Fee Schedule. be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Collins, Tilton Byrne, Avery, Doran, and Specker; Absent: 1 – Wendell. Resolution 23-008 - Resolution Amending the Consolidated Fee Schedule Whereas, the adopted Municipal Code and City Policies make references to fees charged; and Whereas, it is prudent that the fees be reviewed for cost effectiveness. Now, Therefore, Be It Resolved, that the City of Brookings hereby adopts the following amendments to the Consolidated Fee Schedule General Government Fee Schedule Amendments: Airport Fee Land Lease Per Square Foot (Base rate subject to annual increases per lease terms.) Late Fee Payment (after 30 Days) 10% of lease payment Fuel Flowage Late Payment (after the 12th day of the month) 10% of net gallons Gate Card $20.00 Community Development Commercial Building Permit Fees Total Valuation $1.00 to 2,000.00 45.00 $2,000.01 to 25,000 $45.00 for the first $2,000 plus $9.00 for each additional $1,000 or fraction thereof, to and including $25,000. $25,000.01 to 50,000.00 $252.00 for the first $25,000 plus $6.50 for each additional $1,000 or fraction thereof, to and including $50,000. $50,000.01 to 100,000.00 $414.50 for the first $50,000 plus $4.50 for each additional $1,000 or fraction thereof, to and including $100,000. Fines & Violations Amendments: Animal Control Fine Costs Total 14-154 City License Fee (Altered) 5.00 72.50 77.50 14-154 City License Fee (Unaltered) 25.00 72.50 97.50 Traffic Driving Offenses 82-305 Speed Zones 1-5 MPH Over Speed Limit 19.00 72.50 91.50 6-10 MPH Over Speed Limit 39.00 72.50 111.50 11-15 MPH Over Speed Limit 59.00 72.50 131.50 16-20 MPH Over Speed Limit 79.00 72.50 151.50 21-25 MPH Over Speed Limit 99.00 72.50 171.50 Over 25 MPH Over Speed Limit (Court Appearance) 154.00 72.50 226.50 82-306 Speeding in School Zones 1-5 MPH Over Speed Limit 34.00 72.50 106.50 6-10 MPH Over Speed Limit 74.00 72.50 146.50 11-15 MPH Over Speed Limit 114.00 72.50 186.50 16-20 MPH Over Speed Limit 154.00 72.50 226.50 21-25 MPH Over Speed Limit 194.00 72.50 266.50 Over 25 MPH Over Speed Limit (Court Appearance) 200.00 72.50 272.50 82-309 Reckless Driving 70.00 72.50 142.50 82-310 Careless Driving 60.00 72.50 132.50 82-312 Texting While Driving 100.00 72.50 172.50 82-682 Operation of Snowmobiles on Public Parks, Streets, Roads, Alleys, Sidewalks, Boulevards, and Rights-of-Way 60.00 72.50 132.50 82-684 Operation of Snowmobiles on Public Property 60.00 72.50 132.50 82-721 Clinging to Moving Vehicles 60.00 72.50 132.50 82-751 Bicycle Offense 25.00 72.50 97.50 82-842 Driving Through Processions 60.00 72.50 132.50 Housing and Zoning Offenses Housing 22-405 Payment of License Fees 60.00 72.50 132.50 22-432 Failure to Comply with Smoke Detector Requirement First Offense 155.00 72.50 w/100.00 (suspended on condition of no similar violations) Second Offense 155.00 72.50 227.50 Third Offense 200.00 72.50 272.50 22-433 Failure to Comply with Exit Requirement First Offense 155.00 72.50 w/100.00 (suspended on condition of no similar violations for 1 year) Second Offense 155.00 72.50 227.50 Third Offense 200.00 72.50 272.50 22-434 Failure to Comply with Parking Requirement First Offense 155.00 72.50 w/100.00 (suspended on condition of no similar violations for 1 year) Second Offense 155.00 72.50 227.50 Third Offense 200.00 72.50 272.50 Zoning 94-123(c) First Offense 200.00 72.50 w/150.00 94-124(c) (suspended on condition of no similar violations for 1 year) 94-125(c) Permitted Uses (Unlawful Use) 94-126(c) 94-127(c) Second Offense 200.00 72.50 272.50 94-128(c) 94-129(c) 94-130(c) All Other Zoning Ordinance Violations Progress Report. Deputy City Manager Jacob Meshke provided a progress report highlighting the City’s activities / projects. Executive Session. A motion was made by Council Member Collins, seconded by Council Member Specker, to enter into Executive Session at 7:00 p.m., pursuant to SDCL 1-25-2.1 for purpose of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; SDCL 1- 25-2.3, for the purpose of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; and SDCL 1-25-2.5, for the purpose of discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. Present: City Council, City Attorney, Erick Rangel, Chief Financial Officer. The motion carried by a unanimous vote. A motion was made by Council Member Tilton Byrne, seconded by Council Member Avery, to exit Executive Session at 8:21 p.m. The motion carried by a unanimous vote. Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council Member Avery, that this meeting be adjourned at 8:22 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 2023 Payroll – SDCL 6-1-10 (Addendum to the January 24, 2023 City Council Minutes.) E911: Morgan Brandenburg, Communications Operator, 22.52; Jennifer Brown, Communications Operator, 21.69; Stacy Burkhalter-Sweeney, Communications Operator, 19.00; James DeBough, Lead Dispatcher, 23.44; Alyssa del Plaine, Communications Operator, 18.51; Emily Edstrom, Communications Operator, 19.06; Brittany Hoffman, Communications Operator, 18.33; Caleb Johnson, Communications Operator, 22.53; Jolynn Longville, Comm unications Commander, 38.36; Brandy Odegaard, Communications Operator, 18.33; Lorileen Ollerich, Communications Operator, 21.57; Kristen Poppen, Communications Operator, 18.88. Storm Drainage: Bret Henning, Stormwater Technician, 27.33. City Council: Wayne Avery, Council Person, 600.00; Joey Collins, Council Person, 600.00; Brianna Dora, Council Person, 600.00; Oepke Niemeyer, Mayor, 800.00; Bonny Specker, Council Person, 600.00; Holly Tilton Byrne, Council Person, 600.00; Nicholas Wendell, Council Person, 600.00. City Clerk: Bonnie Foster, City Clerk, 37.66; DeShawn Scott, Deputy City Clerk, 23.78. City Manager: Paul Briseno, City Manager, 81.78; Sherry Fuller Bordewyk, Public Information Officer, 37.50; Jacob Meshke, Deputy City Manager, 67.31; Angela Ritter, Executive Administrative Assistant, 26.50. Human Resources: Casey Bell, Human Resources Risk Manager, 38.08; Nancy Olson, Human Resources Assistant, 24.11. Finance: Gwendlyn Madsen, Senior Accounting Specialist, 29.88; Brenda McCracken, Senior Accounting Specialist, 29.88; Erick Rangel, Chief Financial Officer, 65.61; Ashley Rentsch, Deputy Finance Manager, 37.99. IT: Don Goff, IT Manager, 41.16; Korku Kponyoh, IT Specialist, 33.24. Community Development: Patrick Ammann, Building Inspector, 28.47; Katie Bortnem, Code Enforcement Officer, 26.83; Thomas Chandler, Building Inspector 27.69; Aaron Karl, GIS Specialist, 28.02; Sarah Keizer, Code Enforcement Officer, 27.34; Ryan Miller, City Planner, 38.72; Lana Schwartz, Office Manager, 26.34; Michael Struck, Community Development Director, 59.69; Jared Thomas, Chief Building Official, 40.28. Police: Timothy Andersen, Patrol Officer, 30.66; Travis Asmus, Patrol Officer, 30.06; Logan Baldini, Patrol Officer, 27.95; Seth Bonnema, Patrol Officer, 30.66; Nathan Bowden, Patrol Officer, 27.95; Robert Bowden, Patrol Officer, 25.27; Terry Coon, Patrol Lieutenant, 41.98; Luke DeJong, Patrol Officer, 32.18; Sean Doremus, Patrol Officer, 30.06; Michael Drake, Chief of Police, 60.10; Dustyn Engstrom, Patrol Officer, 27.95; Joseph Fishbaugher, Police Lieutenant, 42.09; Brian Franklin, Sergeant, 34.10; Drew Garry, Police Lieutenant, 41.76; Jorrie Hart, Patrol Officer, 30.66; Derek Hoefert, Patrol Officer, 25.06; Kayla Hovelson, Administrative Assistant, 20.80; Kyle Johnson, Patrol Officer, 25.83; Austin Kreutner, Patrol Officer, 27.95; Rhett Larsen, Sergeant, 29.75; Christina Larson, Office Manager, 26.09; Eric Lee, Patrol Officer, 30.06; Liebl, Benjamin, Patrol Officer, 25.83; Nicholas Oines, Patrol Officer, 25.84; Joel Perry, Sergeant, 35.25; Shawn Peterson, Sergeant, 35.25; Geoffrey Pollman, Patrol Officer, 30.66; Trevor Radtke, Evidence Technician/Clerk, 23.62; Dana Rogers, Patrol Officer, 30.66; Joshua Schneider, School Resource Officer, 30.66; Adam Smith, Patrol Officer, 30.66; Gabriel Trout, Patrol Officer, 25.83, Jacob Vukovich, Patrol Officer, 28.62; Eric Warkenthien, Patrol Officer, 30.98; Damian Weets, Patrol Officer, 30.66; Jonathan Weinrich, Sergeant, 32.76. Fire: Peter Bolzer, Fire Chief, 52.14; Daniel Kriese, Deputy Fire Chief, 44.41; Jared Runge, Office/Shop Manager, 23.43; Jeremy Scott, Fire & Life Safety Technician, 29.79. Public Works: Thad Drietz, Assistant City Engineer, 41.98; Charles Richter, City Engineer, 51.56; John Thompson, Public Works Director, 66.35. Street: Kurt Athey, Street Maintenance Technician, 24.73; Michael Billet, Street Maintenance Technician, 24.98; Eric Hanson, Street Maintenance Technician, 24.61; Derk Hartenhoff, Heavy Equipment Operator, 27.41; Todd Johnson, Street Supervisor, 30.06; Justin Kahler, Heavy Equipment Operator, 27.08; Jeremy Linstad, Street Manager – Interim Solid Waste Manager, 52.53; Josh McClain, Street Supervisor, 30.06; Seth Olson, Street Maintenance Technician, 20.02; Justin Simpson, Street Maintenance Technician, 20.02: Zachoriah Thelen, Street Maintenance Technician, 21.88; Daniel Timm, Advanced Equipment Operator, $20.23; Martin Wagner, Street Mechanic, 26.37. Animal Control: Duane Walburg, Community Service Officer, 27.34. Recreation: Stacy Claussen, Recreation Manager, 36.01; Darren Hoff, Recreation Manager, 35.65; Ronda May, Office Manager, 23.88. Park: Joshua Bauman, Parks Supervisor, 28.62; Mark Bren, Shop Supervisor/Mechanic, 28.35;; William deBlonk, Park Supervisor, 28.35; Christopher Engbrecht, Parks Technician, 24.61; Paul Erickson, Parks Supervisor, 28.62; Stephen Hartung, Parks Technician, 24.61; Breann Julius, Parks Technician, 22.72; Allen Kruse, Parks & Forestry Superintendent, 38.87; Paul Laleman, Parks Technician, 24.80; Payton Schultz, Park Technician, 21.88; Brett Torgrude, Parks Technician, 25.30. Forestry: Ryan Burggraff, Forestry Supervisor, 26.29; Alexander Cox, Forestry Technician, 18.33; Reid Peterson, Forestry Technician, $19.06; Ryker Ramlo, Forestry Technician, 19.25. Library: Shane Andreasen, Office Manager, 22.22; Katherine Eberline, Children’s Services Librarian, 28.71; Nita Gill, Adult Services Librarian, 33.06; Ashia Gustafson, Director of Library Services, 44.41; Alice Hayes, Circulation Manager, 24.73; Jennifer Kluck, Young Adult Services Coordinator, 22.00; Betsy Lenning, Interlibrary Loan Services Coordinator, 21.42; Mikaela Neubauer, Community Services Coordinator, 21.26; Nancy Swenson, Technology Services Librarian, 33.24; Grace Timmerman, Circulation/Technician Services Assistant, 20.23. Liquor: Andrew Ekeland, Assistant Manager, 25.25; Bill Heldt, Liquor Store Manager, 37.70; Brian Hanson, Inventory Control Clerk, 23.32. Airport: Lucas Dahl, Airport Manager, 35.13. Edgebrook Golf Course: Nick Picek, Golf Technician, 21.03; Greg Redenius, Golf Course Superintendent, 35.69. Solid Waste Collection: Calvin Cook, Sanitation Collector, 24.80; Paul Hartley, Sanitation Collector, 24.86; Jeremy Janssen, Sanitation Collector, 24.80; Brian Klingbile, Sanitation Collector, 25.84; Aaron Mumby, Sanitation Collector, 24.62. Solid Waste Disposal: Tim Huber, Landfill Supervisor, 26.34; Larry Johnson, Advanced Equipment Operator, 21.68; Todd Smidt, Heavy Equipment Operator, 27.66; Katie Stiegelmeier, Business Operations and Logistics Manager, 23.40. City of Brookings Volunteer List – Resolution 16-025 (Addendum to the January 24, 2023 City Council Minutes.) Brookings City Library Volunteers: Cheryl Riley, Sarah Schultz; Brookings City Fire Department Volunteers: Major Anderson, John Austin, Kevin Banken, Alex Berkness, Pete Bolzer, Cory Braun, Derek Brown, Dan Bruna, Nick Casstevens, Tom Coughlin, Mandi Cramer, Roger DeBates, Scott Hallan, Jacob Hanson, Bill Hardin, Troy Herrig, Kevin Hilmoe, Dalton Holm, Ryan Keenan, Dave Koch, Dan Kriese, Jim Kriese, Brett Lawrence, Brandon Long, Jaque Mann, Joshua Mann, Lori Mergen, Timothy Morgan – new – effective 01/19/2023, Nick Oines, Steven Rensink, Connor Ringling, Jared Runge, Tim Rynearson, Rob Schuneman, Jeremy Scott, Jesse Seas, Joseph Sheeley, Lucas Speakman, Charles Stephenson, Shannon Stuefen, Curt Teal, Anthony Teesdale, Nathan Vandersnick, Joshua Van Diepen, Adam Vaux; Brookings City Police Department Reserve Unit: Mark Anawski, Justin Borns, Andrew Erickson, Zach Erickson, Josh Henselin, Matthew Luebbert, Jaque Mann, Joshua Mann, Cora Olson, Gerrit Williams-Ponto, Ben Quam, Lisa Walterman; Brookings City Park & Recreation Volunteers: Jason Bain, Andrew Carlson, Staci Carlson, Julio Castillon, Kaily DeFino, Earl Early, Daniel Forester, Nathan Hilbrands, Tayler Kneip, Tyler Koch, Mark Kreie, Shane Kuehl, Brian Kvamme, Robb McClemans, Taylor Nickerson, Justin Palmer, Natasha Raguse, Eric Rasmussen, Joseph Schumacher, Carly Shutt, Lowell Shutt, Kristen Uilk. 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 23-0062,Version:1 Action on volunteer board, committee, commission appointments. Summary: Mayor Niemeyer has submitted the following appointments for City Council advice and consent: Brookings Disability Awareness Committee Number of positions:1 Term Length:3 years Residency Requirement:Not required. Purpose: The Brookings Disability Awareness Committee (BDAC) strives to advocate for the rights of people who have disabilities in our community. Throughout the year, specific events are held to bring awareness and information to our citizens. Technical assistance is provided to the business community, private individuals, governmental entities and nonprofit organizations. The goals of this service are to improve the quality of life for people who have disabilities through enhancing the knowledge base of entities in the community; and to further serve as a community-based advocacy group enhancing the ability of local entities to comply with Federal Civil Rights legislation. Mayor’s Recommendation: 1. Lynda Venhuizen (term expires 1/1/2026) Planning Commission Number of positions:9 (This is a re-appointment of members under a 3-year term as approved via Ordinance 23-001.) Term Length:3 years Residency Requirement:Required for Majority Purpose: The City Planning Commission is responsible for the City Comprehensive Plan, and for the physical development of the city, including areas outside the boundaries of the city and within the planning jurisdiction. City Planning Commission members also serve as the City’s Board of Adjustment. Mayor’s Recommendation: 1.1-Year Term (terms expire 12/31/2023) a.Nick Schmeichel b.James Drew c.Greg Fargen 2.2-Year Term (terms expire 12/31/2024) a.Tanner Aiken b.Jacob Mills c.Kyle Jamison 3.3-Year Term (terms expire 12/31/2025) City of Brookings Printed on 2/9/2023Page 1 of 2 powered by Legistar™ File #:ID 23-0062,Version:1 a.Scot Leddy b.Roger Solum c.Vacant Joint Board of Adjustment Number of positions:2 (This is a new board with the Adoption of the Joint Jurisdiction Ordinance. Members are identified in Section 4.03.01.) Purpose:There shall be established a joint Board of Adjustment,which is referred to herein as the joint Jurisdiction Board of Adjustment.The membership of the Joint Board of Adjustment shall consist of one (1)County Commissioner,two (2)members of the Brookings County Planning Commission, one (1)member of the City of Brookings Planning Commission,and one (1)member of the Brookings City Council.The Board of Brookings County Commissioners and the Brookings City Council may further appoint alternates to the Joint Board of Adjustment in the event a Board member is unable to participate in a meeting.Alternates to the Joint Board of Adjustment shall be appointed by the Brookings County Commissioners to participate in place of any County appointee,and alternates shall be appointed by the Brookings City Council to participate in place of any City appointee. Mayor’s Recommendation: City Council Appointments: Mayor or their designee, Deputy Mayor as Alternate Planning Commission Appointments: Chair, Vice-Chair as Alternate Recommendation: Staff recommends approval. City of Brookings Printed on 2/9/2023Page 2 of 2 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 #:RES 23-014,Version:1 Action on Resolution 23-014, a Resolution declaring surplus property for the City of Brookings. Summary: The City of Brookings is the owner of the described equipment stated within the attached Resolution. This property is being declared surplus property according to SDCL Chapter 6-13. Council action is required to declare these items surplus. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 2/9/2023Page 1 of 1 powered by Legistar™ Resolution 23-014 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 – Engineering Dept. – Brookings Regional Airport: 2005 Dodge Ram 1500, VIN #: 1DuHU18PX5J570304 Public Works – Landfill: 2 - Paint Mixing Tanks with stands, Parker 50047012 Filter, Parker 500233000 Filter, Cat Filter Element 9T-9054, Leach Filter Element 107408, 3 - Leach 101348 Filter, Carquest Filter 88433, Carquest Filter 86442, Carquest Filter 85734, Carquest Filter 86657, 9 - Carquest Fuel Water Separator 86231, Napa Gold 1773 Filter, 2 - Napa Gold 3358 Filter, 2 - 106418 TJ Filter Element, 16 - MP Filtri Filter Element HP1351A10ANP01, Dayco Belt 5060374, Gates Belt K080765 Public Library: Avaya D160 Cordless Phone, Avaya D100 DECT Base, Desktop Organizer, 3 - Library Carts, 3 - Office Chairs, 15-drawer card catalog (missing one drawer), 1 - 3 foot x 6 foot table, 12 - 6 foot tables Fire Dept.: Sharp EL-1197PIII adding machine (Serial #4D020245); Steelcase Model 84248LBDUP audio/visual storage cabinet. Whereas, in the best financial interest, it is the desire of the City of Brookings to dispose of as surplus property; and Whereas, the City Manager is hereby authorized to sell or dispose of said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6 -13. Passed and approved this14th day of February, 2023. CITY OF BROOKINGS, SD ____________________________ ATTEST: Oepke G. Niemeyer, Mayor ___________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 23-013,Version:1 Action on Resolution 23-013, a Resolution Authorizing the Senior Finance Manager of the City of Brookings to sign checks and warrants. Summary: Due to the resignation of the Chief Financial Officer, this resolution seeks authorization for the City’s Senior Finance Manager to sign checks and warrants of the City of Brookings. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 2/9/2023Page 1 of 1 powered by Legistar™ Resolution 23-013 Resolution Authorizing the Senior Finance Manager of the City of Brookings, South Dakota to Sign Checks and Warrants Be It Resolved by the City Council of the City of Brookings, South Dakota (the “City”), as follows: That due to the resignation of the Chief Financial Officer, the Senior Finance Manager is hereby authorized to sign checks and warrants of the City of Brookings, South Dakota, and This Resolution shall constitute Proof of Authority of the Senior Finance Manager of the City of Brookings to sign checks and warrants on behalf of the City of Brookings, South Dakota. Dated this 14th day of February, 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 23-0061,Version:1 Action to abate the 2022 Drainage Fee in the amount of $102.54, for Parcel Number 40338-01300- 01100, known as Cottonwood Condos VI Common Area, located along 9th Avenue South, in the City of Brookings. Summary: Sunny Ridge Inc. filed an “Application for Abatement,” requesting an adjustment of the $102.54 assessed 2022 Drainage Fee. This assessment was in error as the deed for Parcel Number 40338- 01300-01100 had been revised and filed prior to 2022. If Council approves the recommended action, the 2022 assessed Drainage Fee for Parcel Number 40338-01300-01100 will be abated and staff will direct bill the assessed Drainage Fee to the current property owner(s) listed on the deed. Background: The City of Brookings (City) utilizes Brookings County real property data to assess annual Drainage Fees. The 2022 Assessment Roll listed Sunny Ridge Inc. as the owner of Parcel Number 40338- 01300-01100. Sunny Ridge Inc. has filed an “Application for Abatement,” requesting an adjustment of the $102.54 assessed 2022 Drainage Fee. The assessment was in error, as the dead had been revised and filed prior to 2022. If approved, staff will assess 2022 Drainage Fee to the current property owner(s) listed on the deed. If approved, this action will abate the following portion of the Drainage Fee: 2022 drainage fee charged:$102.54 Amount to be abated:$102.54 Fiscal Impact: The Drainage Fee revenue will be reduced by $102.54, pending the re-issuance of the 2022 Drainage Fee to the current property owner(s) listed on the deed. Recommendation: Staff recommends approval. Attachments: Application for Abatement Map City of Brookings Printed on 2/9/2023Page 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 23-0075,Version:1 Action to abate property taxes in the amount of $1,040.24 for Parcel #40991-40005-000-20, Madison Air Craft LLC, owner. Legal description: NW ¼ of SW ¼ in Section 26-T110N-R50W, Hangar #209, Brookings Regional Airport. Summary: Madison Air Craft LLC has applied to abate a portion of the property taxes in the amount of $1,040.24. Parcel #40991-40005-000-20. A second hangar, built in 2017, and owned by Reed Intermill & Jeff Jacobsen, was incorrectly assessed to Madison Air Craft LLC. Brookings County Equalization Office correction. Fiscal Impact: The property tax revenue will be reduced by $1,040.24 Recommendation: County Assessor recommends approval. Attachments: Abatement Application Location Map City of Brookings Printed on 2/9/2023Page 1 of 1 powered by Legistar™ B rook ings County, SD Developed by Par cel ID 409701105026300 Sec/T wp/Rng 26-110-50 Pr oper ty Address Alter nate ID n/a Class G Acr eage n/a O w ner Addr ess BRO OKINGS C ITY 520 3RD ST STE 230 BRO OKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption FARMLAND, NW 1/4 OF SW 1/4 IN SEC 26-110-50 (AIRPORT) (Note: Not to be used on leg a l documents) Date created: 2/7/2023 Last Data Uploa ded: 2/7/2023 10:27:56 AM 391 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 23-0076,Version:1 Action to cancel the February 21, 2023 City Council Study Session. Summary: This action will cancel the February 21, 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 2/9/2023Page 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 23-0065,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 2/9/2023Page 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 23-0066,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 2/9/2023Page 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 #:RES 23-015,Version:1 Action on Resolution 23-015, a Resolution Awarding Bids on the 2023-04STI 22 nd Avenue Phase 2 Reconstruction Project. Summary: This resolution will accept the low bid for the 2023-04STI 22nd Avenue Phase 2 Reconstruction Project. The low bid of $4,045,199.65 from Timmons Construction was 13% lower than the engineer’s estimate of $4,650,000.00. Recommendation: Staff recommends approval. Attachments: Memo Resolution Map City of Brookings Printed on 2/9/2023Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Charlie Richter, City Engineer Council Meeting: February 14, 2023 Subject: Resolution 23-015: Resolution Awarding Bids on Project 2023-04STI 22nd Avenue Phase 2 Reconstruction Project Person(s) Responsible: Charlie Richter, City Engineer Summary: This resolution will award the 2023-04STI 22nd Avenue Phase 2 Reconstruction Project to Timmons Construction Co., Brookings, SD, for the low bid of $4,045,199.65. The low bid is approximately 13% lower than the engineer’s estimate of $4,650,000.00. The project will start in the spring 2023 and will be completed by the end of November 2023. Background: The 22nd Avenue Phase 2 Reconstruction Project is the second phase of the recommended improvements from the July 10, 2018 22nd Avenue Corridor Study. This project is located between Eastbrook Drive and 8th Street South, and includes full reconstruction in addition to the following items:  Widening the current roadway to have five - 11-foot wide concrete driving lanes  New 5-foot wide concrete sidewalk on west side of the street  New 8-foot wide concrete shared use path on the east side of the street  Replacement of underground utilities  Storm sewer improvements  Traffic signal upgrades  New street lighting Item Details: The bid letting for this project was held on Tuesday, January 31, 2023. The City received the following bids: Legal Consideration: None. Strategic Plan Consideration: Sustainability: The street maintenance program furthers the accomplishment of City Council Strategic Initiative of Maintaining Facilities with a Sustainable Plan. The asphalt material removed from the street is ground up and recycled for granular surfacing or used in the hot asphalt on other projects. The concrete pavement will reduce the future maintenance on the intersection, saving staff and maintenance resource s. Financial Consideration: The City will enter into a contract with Timmons Construction, Inc. for the total low bid amount of $4,045,199.65. This project will be paid for in the following manner:  Schedules A-G will be paid for by the City’s Statewide Transportation Improvement Program (STIP) funding and the City’s Stormwater Fund. This work totals $3,225,331.74  Schedules H-J will be paid for by Brookings Municipal Utilities as part of the water main replacement and street light replacement portion of the project. The total for this work is $819,867.91. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a work session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Map 2023-04STI 22nd Avenue Phase 2 Reconstruction Project Timmons Construction, Inc. T&R Contracting, Inc. Reede Construction, Inc. BX Civil & Construction, Inc. Hulstein Excavating, Inc. Total Base Bid: (Schedule A-G) City Street Work Est= $3,311,469.00 $3,225,331.74 $3,575,268.55 $3,639,617.95 $3,807,909.20 $3,963,456.00 Total Base Bid (Schedule H-J) BMU Work Est=$1,338,531.00 $819,867.91 $824,731.44 $784,031.36 $813,090.80 $821,871.00 Total Base Bid(Schedule A-J) Est=$4,650,000.00 $4,045,199.65 $4,399,999.99 $4,423,649.31 $4,621,000.00 $4,785,327.00 Resolution 23-015 Resolution Accepting Bids for the 2023-04STI 22nd Avenue Phase 2 Reconstruction Project Whereas, the City of Brookings opened bids for the 2023-04STI 22nd Avenue Phase 2 Reconstruction Project on Tuesday, January 31, 2023 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings received the following low bid for the 2023-04STI 22nd Avenue Phase 2 Reconstruction Project: Timmons Construction, Inc. in the amount of $4,045,199.65; and Whereas, the low bid was approximately 13% lower than the Engineer’s Estimate of $4,650,000.00. Now, Therefore, Be It Resolved that the total low bid of $4,045,199.65 from Timmons Construction, Inc. be accepted. Passed and approved this 14th day of February, 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 23-011,Version:1 Action on Resolution 23-011, a Resolution Approving the Purchase of Two (2) Hustler Mowers. Summary: The City has two (2) Hustler mowers (model years 2000 and 2012), which have surpassed their useful life and have begun and will continue to require costlier repairs. Staff recommends an agreement to purchase two (2) new Hustler mowers with Brookings Equipment through Sourcewell Contract #031121-HTE. The purchase price for the two (2) mowers is $51,000, which comes in under the budget of $55,000. Recommendation: Staff recommends approval. Attachments: Memo Resolution Quote Appendix - About Sourcewell City of Brookings Printed on 2/9/2023Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jacob Meshke, Deputy City Manager Council Meeting: February 14, 2023 Subject: Resolution 23-011: Hustler Mower Purchase Presenter: Jacob Meshke, Deputy City Manager Summary: The City has two (2) Hustler mowers (model years 2000 and 2012), which have surpassed their useful life and have begun and will continue to require costlier repairs. Staff recommends an agreement to purchase two (2) new Hustler mowers with Brookings Equipment through Sourcewell Contract #031121 -HTE. The purchase price for the two (2) mowers is $51,000, which comes in under the budget of $55,000. Background: The City of Brookings has 21 parks, a total of 609 developed acres, and manages a total of 835 total acres. Turf and vegetation management at City parks most commonly completed through mowing creates open spaces for sport, recreation, and leisure activities which contribute to the City’s high quality of life. The City has two (2) mowers (model years 2000 and 2012), which have surpassed their useful life. The 2023 Budget includes $55,000 for the purchase of two (2) replacement mowers. Sourcewell is a Minnesota Cooperative Purchasing Agency which obtains bids f or numerous types of equipment. Member cities can purchase equipment from a local dealer and obtain the lowest competitively bid price for the equipment through the Sourcewell Cooperative Purchasing Agency. Item Details: Staff recommends an agreement to purchase two (2) new Hustler mowers with Brookings Equipment through Sourcewell Contract #031121-HTE. The purchase price for the two (2) mowers is $51,000, which comes in under the budget of $55,000. Legal Consideration: City Attorney Steve Britzman has reviewed the resolution and purchase quote. Strategic Plan Consideration: Fiscal Responsibility – limits the City’s future liability for costly service repairs. Service and Innovation Excellence – the new mowers will allow for turf and vegetation management in City parks and other maintained areas , which contribute to the City’s high quality of life. Financial Consideration: The purchase price of $51,000 comes within budgeted funds in the Capital Improvement Plan of $55,000. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Memo Resolution Quote Appendix – about Sourcewell Resolution 23-011 Resolution Approving the Purchase of Two (2) Hustler Mowers Whereas, the Parks, Recreation, and Forestry Department requests action to purchase two (2) new Hustler mowers for turf and vegetation management through Sourcewell, a purchasing cooperative, pursuant to Sourcewell Contract #031121-HTE through vendor Brookings Equipment; and Whereas, the two (2) new Hustler mowers will replace 2000 and 2012 models, which are beyond their useful life; and Whereas, the 2023 Adopted Budget identifies $55,000 for the purchase of two (2) new Hustler mowers. Now, Therefore, Be It Resolved that a contract with Brookings Equipment through Sourcewell Contract #031121-HTE in the amount of $51,000 is hereby approved, and the City Manager and City Clerk are authorized to sign the documents required to complete this purchase. Passed and approved this 14th day of February, 2023. CITY OF BROOKINGS, SD ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk Hustler Tud 200 5. Ridge Road Hesston, KS 67502 ,," {62Ot 927-4gt, HustlerTurf.com DATE: '1-19-23 QUOTE: 1"21481AD22 sw# 45255 AGENCY: Brooking Park and Rec Jacob Meshke 520 3rd Street, Brookings, SD 57006 605-692-6281 seuaib SOt,' RCEWE LL CONTRACTO R #03 1 12 l.HT E IIIISf,LETT DEALER: 101920 Brookings Equipment Bryce Hanson 324 Calumet Ave NE, De Smet , SD, 57231 605 854 9146 okeefe @okeefeimplement.com CONTRACT PRICEPART #DESCRIPTION *Kawasaki EFI and Diesel units are not currently in production; may require rebidding. pricing is valid on units built prior to C/,!O4|ZOLZ Terms & lnstructions Price is valid only when PO is made aut to Hustler Turf Equipment, tnc. Flease include a copy of your Tax Certification with pO TOTAL Email: Fax: govtsa les@su pport. excelii.com 630-323-5118 ?943217 Super 104 Kawasaki FX1O00 EFI (38.5hp1 104"$35,845.O0 $26,166.8s ss2,333.70 Additional discount off Sou rcewell pricing given by Brooking Equipment -s1,333.70 Total S51,ooo.oo 2022.3 REV 3qffi *-m CURRENT MSRP Appendix: Sourcewell Sourcewell is part of the Minnesota Service Cooperatives created by the Minnesota Legislature as a local unit of government (Minn. Const. Art. XII, Sec. 3). Sourcewell exists to help government, education, and nonprofits work more efficiently by providing a wide range of cooperative contracts while complying with competitive bid process requirements. Their contracts are designed to help fulfill purchasing needs while making the buying process more efficient. All vendor agreements are the result of formal bids or negotiated contracts for equipment, products, and services. State Statutes showing Sourcewell is in compliance with competitive bidding requirements:  Minnesota Statute 471.345 Subdivision 15 “A municipality may contract for the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements of this section if the purchase is through a national municipal association’s purchasing alliance or cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotation.”  SDCL 5-18A-22.3 states “any purchase of supplies or services, other than professional services, by purchasing agencies form any active contract that has been awarded by any government entity by competitive sealed bids or competitive sealed proposals or from any contract that was competitively solicited and awarded within the previous twelve months.” Sourcewell: https://www.sourcewell-mn.gov/ Sourcewell Compliance & Legal Authority: https://www.sourcewell-mn.gov/compliance- legal?domain=njpacoop.lightning.force.com 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 23-003,Version:1 Introduction and First Reading on Ordinance 23-003, an Ordinance amending Chapter 94, Article VI, Division 4, Sec. 94-432 for the purposes of amending the minimum required parking spaces. Second Reading and Action: February 28, 2023. Summary: The City of Brookings is proposing amendments to the City’s parking ordinances located in Chapter 94, Article VI, Division 4. The amendments focus on reducing the computation of the minimum required parking spaces throughout the City of Brookings. Recommendation: The Development Review Team recommends approval. The Planning Commission voted 6-0 recommending approval. Attachments: Memo Ordinance - clean Ordinance - marked Legal Notice - City Council Legal Notice - Planning Commission Planning Commission Minutes Examples Drone Images Peer City Comparisons City of Brookings Printed on 2/9/2023Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: February 14, 2023 / February 28, 2023 Subject: Ordinance 23-003: Amendments to Chapter 94, Article VI, Division 4, Sec. 94-432 related to computation of required parking spaces Person(s) Responsible: Mike Struck, Community Development Director Summary: The Community Development Department is proposing amendments to the City’s parking ordinances located in Chapter 94, Article VI, Division 4. The amendments focus on computation of the minimum required parking spaces throughout the City of Brookings. Background: City staff has been exploring changes to parking ordinances related to the minimum required parking spaces for various uses. The changes have been discussed as a need based on frequent feedback received from the development community as projects often struggle to fit the required number of parking spaces within the project site. The City would also like to consider reducing the required number of sp aces to more closely meet the typical peak volume demand and create an opportunity for more useful land use than empty parking lots. An additional goal was to simplify the ordinance when possible such as eliminating parking counts based on the number of employees, which frequently fluctuate, as well as simplifying other complicated formulas. Item Details: The changes include the following: Uses Current Parking Requirement Proposed Parking Requirement Two-family dwelling 2 spaces per unit plus 1 space for every unit with 3 or more bedrooms One space per bedroom Apartments not containing more than 24 units 2 spaces for each dwelling unit plus 1 space for each bedroom in excess of 1 One space per bedroom plus 10% of the total dwelling units Apartments containing more than 24 units 1.5 spaces for studio or 1 bedroom unit; 2.25 spaces for 2 bedroom; 3.25 spaces for 3 bedroom; 1 space for each bedroom in a unit with 4+ bedrooms One space per bedroom plus 10% of the total dwelling units Retirement home, nursing home, assisted living facility, etc. One space for each bed plus one space for each two employees One space for each three units Retail, merchandise, gas stations, supermarket, service stores, clinic, coffee house, etc. One space for each 200 square feet for the first 50,000 square feet and one space for each 300 square feet thereafter One space for each 200 square feet for the first 5,000 square feet and one space for each 600 square feet thereafter Telemarketing operations, private clubs, health clubs and similar indoor recreation and amusement facilities One space for each 100 square feet of gross floor area One space for each 200 square feet of gross floor area Eating and drinking establishments (Restaurants, etc.) One space for each 100 square feet of gross floor area excluding floor areas dedicated permanently for mechanical rooms, stock rooms and coolers One space for each 200 square feet of gross floor area Offices, banks, dental clinic etc. Five spaces plus one additional space for each 400 square feet of gross floor area over 1,000 square feet One space for each 500 square feet of gross floor area Hotel, extended stay One space for each suite or unit and one for each employee Five spaces plus one space for each room (same as standard hotel) Industrial/manufacturing 2 spaces per 3 employees One space / 2 employees Library 1 space for every 4 seats 1 space per 500 square ft. Auto parts store, furniture store, appliance store, etc. One space for every 500 square feet One space for every 600 square feet Legal Consideration: None Strategic Plan Consideration: Sustainability – the amendments propose changes to the zoning code which could support higher density development. Financial Consideration: None Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table The Development Review Team recommends approval. The Planning Commission voted 6 – 0 recommending approval. Supporting Documentation: Ordinance – clean Ordinance – marked Legal Notice – City Council Legal Notice – Planning Commission Planning Commission Minutes Examples Drone Images Peer City Comparisons Ordinance 23-003 An Ordinance amending Chapter 94, Article VI, Division 4, Sec. 94-432 for the purposes of amending the minimum required parking spaces. Be It Ordained by the Governing Body of the City of Brookings, South Dakota that the Subdivision Regulations be amended as follows: I. ARTICLE IV. – DISTRICT REGULATIONS That the following sections of Article VI, Division 4 of the Zoning Regulations shall be amended to read as follows: Sec. 94-433. Off-street parking requirements. (a) In all districts, in connection with every residential, commercial, industrial or any other use, off-street parking shall be provided and maintained in the manner set forth in this section. For any new building constructed, any new establishment, any addition or enlargement of an existing building or use, any change in the occupancy type as defined in this chapter and any change in the manner in which a use is conducted, there shall be sufficient off -street parking as required by this section. Whenever applicable, the following equivalent shall be used: one seat = two feet of lineal bench seating capacity. Parking space dimensions and parking lot layout and design shall conform to the requirements of this chapter and/or generally accepted architectural standards and guidelines from the American Institute of Architects. (b) B-1 Central Business District. All uses within the area defined as the B -1 Central Business District as designated on the official zoning map shall not be required to provide off-street parking. Exception: For any building or use that would be required to have in excess of 75 parking spaces based on the requirements of this subsection (b), the additional off-street parking spaces shall be provided within 300 feet of the building or use. (c) All other zoning districts. (1) Single-family dwelling or townhouse: Two spaces for each dwelling unit. Each garage stall shall be considered one parking space. (a) Two-family dwelling: One space for each bedroom. Each garage stall shall be considered one parking space. (2) Apartment building or unit group of buildings: One space for each bedroom plus ten (10%) percent of the total dwelling units, exclusive of garages. Exception. An attached garage that is an integral part of the dwelling unit shall be counted for purposes of meeting the parking requirements. (a) Condominium: Two spaces for each dwelling unit plus one space for each bedroom in excess of two bedrooms in each dwelling unit, exclusive of garages. 1. Exception: Each parking space within an attached garage that is an integral part of the dwelling unit shall be counted for purposes of the parking requirements. (3) [Reserved.] (4) Apartments for the elderly or congregate care facility. One space for each unit. (5) Retirement home, nursing home, assisted living facility or similar institution where no rooms or units are independent or self-contained. One space for each three units. (6) Hospital. One space for each three beds plus one space for each employee on maximum working shift plus one space for each service vehicle. (7) Boardinghouse, fraternity or sorority. One space for each occupant. (8) Church. One space for each five seats in the main seating area. (9) Funeral home. Five spaces or one space for each four seats in the chapel, whichever is greater. (10) Major home occupation. Two spaces. (11) Retail, general merchandise, discount store, gas dispensing station, supermarket, personal service store, personal health service (excluding health clubs), medical clinic, coffee house: One space for each 200 square feet of gross floor area for the first 5,000 square feet and one space for each 600 square feet thereafter. (12) Telemarketing operations, private clubs, health clubs and similar indoor recreational facilities and amusement establishments. One space for each 200 square feet of gross floor area (see stacking). (a)Eating and drinking establishment: One space for each 200 square feet of gross floor area. (b)Indoor water park: One space for each 250 square feet of gross floor area. (13) Campground. One space/campsite plus accommodations for over-sized vehicles. (14) Business and professional offices, banks or dental clinic. One space for each 500 square feet of gross floor area (see stacking). (15) Auditorium, auction house, convention center, theater or other places of public assembly. One space for each four seats and/or one space for every 50 square feet of floor area without fixed seating. (16) Airport. One space for each four seats in waiting area plus one for each five aircraft storage areas plus two spaces for each three employees on l argest shift. (17) Hotel or motel. Five spaces plus one space for each sleeping room or suite. (a) Hotel, extended stay: One space for each suite or unit and one for each employee. (18) Bed and breakfast. One space for each guest room plus two for the p roprietor. (19) Industrial and/or manufacturing, assembling, processing, warehousing and similar uses. One space for each two employees on the maximum working shift, plus space to accommodate all trucks and other vehicles used in connection therewith. (20) Animal hospital, kennel. Five spaces plus one for each employee. (21) Community center, or similar public or semi-public building. Ten spaces plus one additional space for each 300 square feet of gross floor area in excess of 2,000 square feet. (22) Library. One space for every 500 square feet of gross floor area. (23) Museum, art gallery. Six spaces plus one additional space for each 400 square feet of gross floor area in excess of 2,000 square feet. (24) Automatic car wash. One space for each employee, together with compliance with the requirements of section 94-434 (stacking). (25) Self-serve car wash. (See stacking). (26) Bowling alley. Four spaces for each lane. (27) Athletic field/facility. Twenty spaces for each field or one for each four seats, whichever is greater. (28) Day care facility. Two spaces plus one space for each care provider (see stacking). (29) Motor vehicle repair shop, auto sales or similar use. Two spaces for each service bay plus one space for each employee. (30) Auto parts store, furniture store, household appliance store, flooring/carpet store, plumbing store, building supply store, service store. One space for every 600 square feet of gross floor area. (31) Fire station. Five spaces plus one space for each front line apparatus. (32) School. (a) High school: One parking space for each three students based on the building's design capacity plus one space for each teacher or staff person. (b) Junior high school: One space for each 12 students based on the building's design capacity plus one space for each teacher and staff person. (c) Elementary school: Five spaces plus one for each teacher and staff person based on the building's design capacity. (33) The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of a similar nature. III. All ordinances and parts of ordinances in conflict herewith are hereby repealed. First Reading: January 24, 2023 Second Reading: February 14, 2023 Published: March 3, 2023 CITY OF BROOKINGS, SD _______________________________ Oepke “Ope” Niemeyer, Mayor ATTEST: ___________________________________ Bonnie Foster, City Clerk Ordinance 23-003 An Ordinance amending Chapter 94, Article VI, Division 4, Sec. 94-432 for the purposes of amending the minimum required parking spaces. Be It Ordained by the Governing Body of the City of Brookings, South Dakota that the Subdivision Regulations be amended as follows: I. ARTICLE IV. – DISTRICT REGULATIONS That the following sections of Article VI, Division 4 of the Zoning Regulations shall be amended to read as follows: Sec. 94-433. Off-street parking requirements. (a) In all districts, in connection with every residential, commercial, industrial or any other use, off-street parking shall be provided and maintained in the manner set forth in this section. For any new building constructed, any new establishment, any addition or enlargement of an existing building or use, any change in the occupancy type as defined in this chapter and any change in the manner in which a use is conducted, there shall be sufficient off -street parking as required by this section. Whenever applicable, the following equivalent shall be used: one seat = two feet of lineal bench seating capacity. Parking space dimensions and parking lot layout and design shall conform to the requirements of this chapter and/or generally accepted architectural standards and guidelines from the American Institute of Architects. (b) B-1 Central Business District. All uses within the area defined as the B -1 Central Business District as designated on the official zoning map shall not be required to provide off-street parking. Exception: For any building or use that would be required to have in excess of 75 parking spaces based on the requirements of this subsection (b), the additional off-street parking spaces shall be provided within 300 feet of the building or use. (c) All other zoning districts. (1) Single-family dwelling or townhouse: Two spaces for each dwelling unit. Each garage stall shall be considered one parking space. (a) Two-family dwelling: Two (2) spaces for each dwelling unit and one additional space for each dwelling unit with three (3) or more bedrooms. One space for each bedroom. Each garage stall shall be considered one parking space. (2) Apartment building or unit group of buildings containing not more than 24 units: Two spaces for each dwelling unit plus one space for each bedroom in excess of one bedroom in each dwelling unit One space for each bedroom plus ten (10%) percent of the total dwelling units, exclusive of garages. Exception. An attached garage that is an integral part of the dwelling unit shall be counted for purposes of meeting the parking requirements. (a) 1Apartment building or unit group of buildings containing more than 24 units: The minimum parking spaces required, exclusive of garages, are as follows: a. 1.5 spaces for an efficiency or one-bedroom dwelling unit. b. 2.25 spaces for a two-bedroom dwelling unit. c. 3.25 spaces for a three-bedroom dwelling unit. d. One space for each bedroom in a dwelling unit containing four or more bedrooms. Exception. An attached garage that is an integral part of the dwelling unit shall be counted for purposes of meeting the parking requirements. (b) Condominium: Two spaces for each dwelling unit plus one space for each bedroom in excess of two bedrooms in each dwelling unit, exclusive of garages. 1. Exception: Each parking space within an attached garage that is an integral part of the dwelling unit shall be counted for purposes of the parking requirements. (3) [Reserved.] (4) Apartments for the elderly or congregate care facility. One space for each unit. (5) Retirement home, nursing home, assisted living facility or similar institution where no rooms or units are independent or self-contained. One space for each three beds units plus one space for each two employees. (6) Hospital. One space for each three beds plus one space for each employee on maximum working shift plus one space for each service vehicle. (7) Boardinghouse, fraternity or sorority. One space for each occupant. (8) Church. One space for each five seats in the main seating area. (9) Funeral home. Five spaces or one space for each four seats in the chapel, whichever is greater. (10) Major home occupation. Two spaces. (11) Retail, general merchandise, discount store, gas dispensing station, supermarket, personal service store, personal health service (excluding health clubs), medical clinic, coffee house: One space for each 200 square feet of gross floor area for the first 50,000 5,000 square feet and one space for each 300 600 square feet thereafter. (12) Telemarketing operations, private clubs, health clubs and similar indoor recreational facilities and amusement establishments. One space for each 100 200 square feet of gross floor area (see stacking). (a)Eating and drinking establishment: One space for each 100 200 square feet of gross floor area excluding floor areas dedicated permanently for mechanical rooms, stock rooms and coolers. (b)Indoor water park: One space for each 250 square feet of gross floor area. (13) Campground. One space/campsite plus accommodations for over-sized vehicles. 1Editor's note(s)—Ord. No. 06-14 , § 2, adopted March 25, 2014, set out provisions adding subsection (c)(2b). For purposes of classification, these provisions have been added as (c)(2a), and former subsection (c)(2a) has been renumbered as (c)(2b), at the editor's discretion. (14) Business and professional offices, banks or dental clinic. Five spaces plus one additional One space for each 400 500 square feet of gross floor area over 1,000 square feet (see stacking). (15) Auditorium, auction house, convention center, theater or other places of public assembly. One space for each four seats and/or one space for every 50 square feet of floor area without fixed seating. (16) Airport. One space for each four seats in waiting area plus one for each five aircraft storage areas plus two spaces for each three employees on largest shift. (17) Hotel or motel. Five spaces plus one space for each sleeping room or suite. a. Hotel, extended stay: One space for each suite or unit and one for each employee. (18) Bed and breakfast. One space for each guest room plus two for the proprietor. (19) Industrial and/or manufacturing, assembling, processing, warehousing and similar uses. Two One spaces for each three two employees on the maximum working shift, plus space to accommodate all trucks and other vehicles used in connection therewith. (20) Animal hospital, kennel. Five spaces plus one for each employee. (21) Community center, or similar public or semi-public building. Ten spaces plus one additional space for each 300 square feet of gross floor area in excess of 2,000 square feet. (22) Library. One space for every four seats 500 square feet of gross floor area. (23) Museum, art gallery. Six spaces plus one additional space for each 400 square feet of gross floor area in excess of 2,000 square feet. (24) Automatic car wash. One space for each employee, together with compliance with the requirements of section 94-434 (stacking). (25) Self-serve car wash. (See stacking). (26) Bowling alley. Four spaces for each lane. (27) Athletic field/facility. Twenty spaces for each field or one for each four seats, whichever is greater. (28) Day care facility. Two spaces plus one space for each care provider (see stacking). (29) Motor vehicle repair shop, auto sales or similar use. Two spaces for each service bay plus one space for each employee. (30) Auto parts store, furniture store, household appliance store, flooring/carpet store, plumbing store, building supply store, service store. One space for every 500 600 square feet of gross floor area. (31) Fire station. Five spaces plus one space for each front line apparatus. (32) School. (a) High school: One parking space for each three students based on the building's design capacity plus one space for each teacher or staff person. (b) Junior high school: One space for each 12 students based on the building's design capacity plus one space for each teacher and staff person. (c) Elementary school: Five spaces plus one for each teacher and staff person based on the building's design capacity. (33) The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of a similar nature. III. All ordinances and parts of ordinances in conflict herewith are hereby repealed. First Reading: January 24, 2023 Second Reading: February 14, 2023 Published: CITY OF BROOKINGS, SD _______________________________ Oepke “Ope” Niemeyer, Mayor ATTEST: ___________________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Article VI, Division 4 pertaining to Sec. 94-432 related to the minimum off-street parking requirements. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00 PM on Tuesday, February 28, 2023, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 17th day of February, 2023. Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to Sec. 94-433 related to the off-street parking requirements. NOTICE IS FURTHER GIVEN That said request will be acted on by the Planning Commission at 5:30 PM on Tuesday, January 3rd, 2023, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 23rd day of December, 2022. ____________________________ Ryan Miller City Planner Planning Commission Brookings, South Dakota January 9, 2023 OFFICIAL MINUTES Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Monday, January 9, 2023, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were James Drew, Greg Fargen, Scot Leddy, Nick Schmeichel, Roger Solum, and Aiken. Absent were Kyle Jamison and Jacob Mills. Also present were City Planner Ryan Miller, Community Development Director Mike Struck, Lane Worzeka – via telephone and Mike McClemans. Item #4b – City of Brookings submitted amendments to Chapter 94, Zoning, pertaining to Sec. 94-433 related to off-street parking requirements. OFFICIAL SUMMARY Item #4b – Based upon research and recommendations, staff has come up with changes to Chapter 94 regarding parking minimums for several different uses. Miller explained the changes that are being planned within this amendment. The idea with the amendments is to lower the requirements for parking. Solum inquired as to why garages are excluded from the counting. Miller explained that often times the garage spaces garages are used as storage units and not parking. Struck also explained that in large apartment complexes that have detached garages, often times these are being rented out to people other than the tenants. Additionally, the on-site tenants may or may not choose to pay the extra for the garage. Leddy wondered why the commercial parking was decreased so significantly. He also wondered if there were maximum requirements being applied. Miller explained that there are no parking maximums and that these changes only reduce the required minimums. Miller also stated that a couple of months ago, examples were provided showing that the commercial lots had a significant number of empty parking spots in their lots. Amendments to Sec. 94.433. (C) APARTMENTS Small Apartment Building Current Minimum Proposed Minimum Less Spaces 124 – 130 9th St 4 units, 14 rooms 18 spaces 15 spaces 3 spaces 809 9th St 3 units, 12 rooms 15 spaces 13 spaces 2 spaces Medium-sized Apartment Building 11th Avenue 45 units, 51 bedrooms 72 spaces 56 spaces 16 spaces Preserve at the Reserve 45 units, 54 bedrooms 74.25 spaces 59 spaces 15.25 spaces Large-sized Apartment Building/Complex Reserve Addition 125 units, 172 bedrooms 235 spaces 185 spaces 50 (*8,100 sq.ft.) Prairie Hills Addition 95 units, 124 bedrooms 164.3 spaces 134 spaces 30.3 (*4,908 sq.ft.) ASSISTED LIVING Current Minimum Proposed Minimum Less Spaces 20th Street South Assisted Living/ Memory Care 28 spaces (*not counting independent living) 22 spaces (*not counting independent living) 6 spaces RETAIL Medium Retail Current Minimum Proposed Minimum Less Spaces Lewis Pharmacy 40,480 square feet 202 spaces 84 spaces 118 spaces (*19,180.8 sq. ft., see site plan) HyVee Grocery 69,000 square feet 313.33 spaces 131.66 spaces 181.67 spaces (*29,430 sq.ft., see site plan) Large Retail Lowe’s Hardware 110,915 square feet 453 spaces 201.5 spaces 251 spaces (*40,743 sq.ft., see site plan) Walmart Supercenter 216,030 square feet 803 spaces 377 spaces 426 spaces (*69,012 sq.ft., see site plan) Amendments to Sec. 94.433. (C) OFFICE Small Office Current Minimum Proposed Minimum Less Spaces 20th Street South Vision 3,996 square feet 12.5 spaces 8 spaces 4.5 spaces Medium Office Northern Plains Prof. 14,072 square feet 38 spaces 29 spaces 9 spaces Large Office Capital Services 28,200 square feet 73 spaces 57 spaces 16 spaces INDUSTRIAL Small Industrial Current Minimum Proposed Minimum Less Spaces 100 employees 66 spaces 50 spaces 16 spaces Medium Industrial 500 employees 330 spaces 250 spaces 80 spaces Large Industrial 1,000 employees 660 spaces 500 spaces 160 spaces SITE PLANS Wilmont Estates 132 Parking Spaces + garages 54 spaces empty or 41% empty Southland 1009 Building 97 Parking Spaces + underground 45 spaces empty or 46% empty Southland 929 Building 72 parking spaces 31 spaces empty or 43% empty Southland 1027 Building 50 parking spaces 26 spaces empty or 52% empty Campus View - Picture 1 of 2 350 parking spaces 135 spaces empty or 39% empty Campus View - Picture 2 of 2 350 parking spaces 135 spaces empty or 39% empty Innovation Village 1 159 parking spaces + underground 103 spaces empty or 65% empty Innovation Village 2 163 parking spaces + underground 60 spaces empty or 37% empty Garden Village 54 parking spaces 28 spaces empty or 51% empty The Lofts - 6th Street 102 parking spaces + underground 43 spaces empty or 42% empty Heron Cove - Phase 4 43 spaces + garages 22 spaces empty or 51% empty Friday - 9-9-2022 at 5pm Saturday - 10-1-2022 at 1pm Wednesday 9-28-2022 at 5:15pm Wednesday 9-28-2022 at 5:15pm Brookings Sioux Falls Aberdeen Watertown Marshall, MN Kearney, NE Vermillion Spearfish Cedar Falls, IA Hays, KS Laramie, WY Single-family dwelling or townhouse 2 1/du; 2/du w/ 3+ br 1.5/du 2/du 2/du; 3/du for 4+ beds 2/du 2/du 2/du 2/du 1/du Two-family dwelling 2 + 1 for 3+ bedrooms 1/du; 2/du w/ 3+ br 1.5/du 2/du; 3/du for 4+ beds 2/du 2/du 2/du + 1/bed over 2 2/du 1/du Apartment Less than 24 units: 2/du + 1/bedroom over 1 bedroom; More than 24 units: 1.5/efficiency/1 bedroom du, 2.25/2 br, 3.25/3 br, 1/bedroom 4+ bedrooms 1.5/du; 2/du 3br + 1.5/du 1/bedroom 1/efficiency, 1/bedroom, 2/2bed +, + 1/4 units for visitors 1.5/efficiency,2/2b r; 3/3br+ 2/du or 1/br whichever greater 1.5/1 & 2 bed; 2/3 bed; 3/4 bed 1.5/efficiency & 1BR; 2/ 2BR + 1/1br;1.5/du for 2+ br up to 16 du then drops to 1/du Condominium 2/du + 1/bedroom over 2 bedrooms 1.5/du Apartments for the elderly or congregate care facility 1/unit .75 / unit .5/unit + 1 1/3 residents + 1/employee 1.5/du + 1/2 employees Retirement, nursing, assisted living 1/3 beds + 1/2 employees 1/10 beds 1/6 beds + 1/visiting staff + 1/4 employees .25 / bed + 1/employee max. shift 1/6 beds + 1/employee 1.5/independent living; .5/assisted living unit 1/3 beds 1/4 beds 1/5 beds + 1/2 employees 1/3du or 1/employee + 1/4 beds .5/1br unit; 1/2br unit; 1.5/2+ br unit Retail, general merchandise, discount store, gas dispensing station, supermarket, personal service store, personal health (excluding health clubs), medical clinic, coffee house 1/200 SF GFA up to 50000 SF; 1/300 SF thereafter 1/200 sq ft 1/200 sq ft 1/300 SF GFA 1/200 SF less than 2,000 SF + 1/300 SF over 2,000 SF 1/200 SF less than 50000 SF; 1/250 SF 50000 - 100000; 1/300 SF 100000 + SF 1/300 SF 1/300 SF 1/200 SF GFA under 2000 SF(min. of 5); 4.5/1000 SF GFA over 2000 SF 1/200 SF PFA 1/200 SF GFA Telemarketing operations, private clubs, health clubs and similar indoor recreational facilities and amusement establishments. 1/100 SF GFA 1/200 SF GFA 1/200 SF 1/300 SF 1/150 SF GFA 1/200 SF GFA accessible to public + 1/600 SF GFA not accessible Indoor water park 1/250 SF GFA Hospital 1/3 beds + 1/employee max. shift 1/4 beds + 1/visiting staff + 1/4 employees 1/4 beds 1/2 beds + 1/employee 1/2 beds + 1/employee 1/bed 1/5 beds + 1/2 employees 1/2 beds + 1/350 SF office & admin area Business & porofessional offices, banks, or dental clinics. 5 + 1/400 SF over 1000 SF 1/200 sq ft 1/300 SF GFA 1/300 SF 1/250 - 350 SF 1/2 employees 1/200 SF 1/300 SF GFA 1/300 SF PFA 1/400 SF GFA Church 1/5 seats 1/4 seats 1/5 seats 1/4 seats 1/5 seats 1/4 seats 1/4 seats 1/4 seats 1/4seat or 1/8 lineal ft 1/5 seats + 1/50 SF GFA w/o seats Funeral Home 5 or 1/4 seats 1/4 seats 1/50 SF or 1/4 seats 1/100 SF or 1/4 seats 1/4 seats 1/4 seats 1/3 occupants or 1/50 SF GFA or 5/parlor 1/4 seats + 1/employee Major Home Occupation 2 Eating and drinking establishment 1/100 SF GFA exc mecahnical, stock, coolers 1/75 sq ft or 1/3 seats 1/200 SF GFA 1/150 SF GFA 1/50/75 SF seating area + 1/100 SF kitchen & storage 1/50 SF Customer service area 1/300 SF GFA 1/100 SF GFA 1/100 SF GFA + 1/2 employees;1/150 SF GFA + 1/2 employees 1/75 PFA 1/4 seats + 1/50 SF dining & drinking net floor area w/ no fixed seats Campground 1/campsite 0 1/campsite 1/campsite 1/campsite + 1/10 campsites 1/campsite Auditorium, auction house, convention center, theater, public assembly 1/4 seats &/or 1/50 SF w/o fixed seating 1/4 sseats 1/4 seats + 1/100 sq ft floor area not fixed seating 1/4 seats + 1/employee max. shift 1/4 seats or 1/100 SF 1/200 SF; 1/250 SF over 50,000 SF 1/4 seats 1/3 seats; 1/15 SF assembly area 1/4 occupants + 1/2 employees 1/ 200 SF PFA or 1/3.5 seats 1/4 seats + 1/40 SF floor area Airport 1/4 seats waiting area 1/400 SF passenger terminal Hotel / motel 5 + 1/room 1/room + 1/1500 sq. ft. common area 1/room + 2 1/room + 1/2 employees + 1/300 SF GFA meeting/restauran t areas 2 = 1/room 1/rental unit 1/2 rental rooms 1/guest room 1/guest room + 1/200 SF commercial, assembly, meeting area + 1/150 SF lounge/restaurant GFA 1/ guest room + 1/300 SF PFA meeting rooms, ballrooms, admin offices + 75% parking requirements for integrated restaurants 1/rental unt + 2/staff Bed and Breakfast 1/guest room + 2 0.5 / guest bed 1/guest bedroom +2 1/rental unit 1/guest room 1/rental unit + 1/4 employees Industrial, manufacturing, assembling, processing, warehousing 2/3 employees max. shift 1/1500 SF 50,000 SF or less; 1/1500 SF up to 50,000 SF then 1/4000 SF over 50,000 SF 1/2 employees max shift 1/employee max. shift 1/2000 SF 1/2 employees max. shift 1/400 SF GFA 4/10000 SF GFA + 1/3 employees 4/10000 SF PFA + 1/2 employuees (GFA SF x.25)/180 SF Animal hospital, kennel 5 + 1/employee 1/500 SF GFA 1/10 kennels + 1/employee 1/200 SF GFA Community Center 10 + 1/300 SF GFA over 2000 SF 1/4 seats + 1/100 sq ft floor area not fixed seating 1/200 SF GFA 1/250 SF GFA Library 1/4 seats 1/500 SF + 1/employee 1/250 SF GFA + 1/2 employees 1/300 SF PFA 1/300 SF GFA Museum, art gallery 6 + 1/400 SF GFA over 2000 SF 1/500 SF GFA 1/500 SF 1/300 SF PFA 1/500 SF GFA Automatic car wash 1/employee 1/1500 sq. ft. 1/employee 2 1/2 employees 3/wash stall + 2 drying stalls/wash stall Bowling alley 4/lane 3 / alley 2/alley + 1/2 employees 2/alley 4/alley + 2 4/lane 4/lane 5/lane Athletic field/facility 20 or 1/4 seats 1/400 sq ft 1/7 seats + 1/100 SF non-fixed seating 1/4 seats + 20/field/court/rink Varies 1/5000 SF land Day care facility 2 + 1/care provider 5 + 1/10 persons 1/employee + 1/10 children 1/classroom + 1/10 children 1/employee + 1/10 children Motor vehicle repair shop, auto sales 2/service bay + 1/employee 1/300 sq ft 1/2 employees + 1/300 sq ft 2.5/service bay + 1/employee 1/500 SF / 1/service stall + 2 5/repair stall* 1/300 SF 1/employee + 3/service bay + 1/125 SF PFA 2/service bay or 1/300 SF floor area + 1/5000 SF outdoor display area Auto parts store, furniture store, household appliance, flooring/carpet, plumbing, building supply, service store 1/500 SF GFA 1/600 sq ft 1/500 SF GFA 1/500 SF less than 20,000 SF + 1/1000 greater than 20,0000 SF 1/350 SF 1/300 SF 1/750 SF GFA + 1/2 employees 2/1000 SF showroom & repair areas 1/300 SF GFA Fire station 5 + 1/apparatus High School 1/3 students + 1/techer/staff 1/475 sq.ft. 1/5 students + 1/classroom 1/475 SF on 1st floor 10/classroom or 1/3 students or 1/4 seats in largest auditorium 1/employee + 10 4/classroom + 1/150 SF seating area in auditorium 10/classroom 1/5 occupants 2/classroom 3/classroom + 1visitor/3 classrooms Middle School 1/12 students + 1/teacher/staff 1/300 sq ft gym, cafeteria, assembly area 1/classroom 1/employee + 20 1.5/classroom or 1/20 students or 1/4 seats in largest auditorium 1/employee + 10 2/classroom + 1/150 SF seating area in auditorium 1/10 occupants 2/classroom 3/classroom + 1visitor/3 classrooms Elementary School 5 + 1/teacher/staff 10 + 1/teach/staff 1/classroom 1/employee + 10 1.5/classroom or 1/20 students or 1/4 seats in largest auditorium 1/employee + 10 2/classroom + 1/150 SF seating area in auditorium 2/classroom 1/10 occupants 2/classroom 3/classroom + 1visitor/3 classrooms 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 23-004,Version:1 Introduction and First Reading on Ordinance 23-004, an Ordinance Amending Section 62-86 of the Code of Ordinances of the City of Brookings, South Dakota, and to Provide for Designation of “No- Mow” Vegetation Areas and “No Mow May” in the City of Brookings, South Dakota. Second Reading and Action: February 28, 2023. Summary: No Mow May is a national campaign to protect food and habitat resources for pollinators in urban areas. The Sustainability Council proposes Ordinance 23-004 to allow for No Mow May practices in Brookings. Recommendation: Staff recommends approval. Attachments: Memo Ordinance - clean Ordinance - marked Yard Sign Presentation City of Brookings Printed on 2/9/2023Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Gabrielle Bolwerk Council Meeting: February 14, 2023 / February 28, 2023 Subject: No Mow May Presenter: Gabrielle Bolwerk, Robin Buterbaugh, Kiley Rath Sustainability Council Members Summary: No Mow May is a national campaign to protect food and habitat resources for pollinators in urban areas. The Sustainability Council proposes Ordinance 23-004 to allow for No Mow May practices in Brookings. Background: No Mow May (NMM) is a national campaign advocated by Bee City USA to raise awareness for pollinators in urban landscapes by encouraging temporarily ceas ing mowing lawns during the month of May. Spring is a crucial time of year for pollinators as they emerge from the soil and look for habitat and food. By not mowing in the month of May, people can protect and provide these beneficial resources for emerging pollinators. Other cities in the Midwest have run successful NMM campaigns, such as Stevens Point, WI (25,692 residents), Appleton, WI (74,854 residents), and Edina, MN (53,494 residents). The Sustainability Council desires to pilot a NMM campaign for the City of Brookings. The NMM working group has met with Mayor Mike Wiza of Stevens Point, WI, Brookings Community Development Director Mike Struck, Interim Parks, Recreation, and Forestry Director Jacob Meshke and Superintendent Allen Kruse. City Attorney Steve Britzman has been engaged with drafting the proposed ordinance. Item Details: The Brookings Sustainability Council is proposing Ordinance 23-004 to allow for exceptions in vegetation management practices during the month of May. This would allow for residents to participate in No Mow May with no violation notices being given to residents with lawns over a height of 15 inches. Residents would have until June 7 to get their lawns back into compliance. Ordinance 23-004 would allow all in the City of Brookings to participate in NMM. Yard signs for participants would be available for pick up at the Brookings City/County Government Center, Suite 230, free of charge. The yard signs serve as a notice to residents and visitors that the residence is participating in NMM. The introduction of Ordinance 23-004 serves as the first step in the NMM public information campaign. If Ordinance 23-004 is adopted, additional marketing and education efforts would include a press release, website updates to include a dedicated NMM webpage, social media, the yard signs, and potentially print and radio media. Additionally, the NMM working group is in contact with the Sustainability Coordinator at South Dakota State University to explore options for collaboration. Legal Consideration: City Attorney Steve Britzman drafted Ordinance 23-004. Strategic Plan Consideration: Sustainability – Participating in NMM allows for emerging pollinators to access food and habitat resources at a critical stage in their life, making Brookings a more pollinator- friendly community. Financial Consideration: Funding for this project would come from the Brookings Sustainability Council’s budget. 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 Sustainability Council and staff recommend approval of the ordinance as presented. Supporting Documentation: Ordinance – clean Ordinance – marked Yard Sign Presentation Ordinance 23-004 An Ordinance Amending Section 62-86 of the Code of Ordinances of the City of Brookings, South Dakota, and to Provide for the Designation of “No-Mow” Vegetation Areas and “No Mow May” in the City of Brookings, South Dakota. Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows: That Section 62-86 of the Ordinances of the City of Brookings is hereby amended to read as follows: I. Section 62-86. Duty of Owner/Exceptions for Vegetation Management Practices. a. Duty to maintain lawn, grasses and weeds. No owner of any lot, place or area within the city, or the agent of such owner, or the occupant of such lot, place or area, shall allow or permit to remain upon any such lot, place or area, or upon any sidewalk or boulevard abutting the same any weeds, tall and undesirable grass or deleterious or unhealthful growths or other noxious matter that may be growing, lying or located thereon, and the growing of such weeds or other noxious or unhealthful vegetation is hereby declared to be a nuisance. The presence of primary or secondary noxious weeds as identified by the county weed board or the growth of any other vegetation referred to in this section to a height of 15 inches or more shall be prima facie evidence of such nuisance and a violation of this ordinance. Hay which is periodically mowed and removed from public or private property shall not constitute a nuisance under this section. b. Exceptions for vegetation management practices. 1. “No-Mow” areas designated by the Parks and Recreation Department, retention/detention ponds, the Dakota Nature Park, and Edgebrook Golf Course shall not be subject to the requirements of this section because different vegetation management practices are intended to apply to these areas. 2. In addition, to promote insect pollinators, the City will permit owners or occupants to refrain from mowing during the month of May. Those wishing to participate in “No Mow May” may refrain from mowing their lawns, grasses and weeds during the month of May, but must bring their property into compliance with Section a. of this ordinance by June 7 th immediately following their participation in a “No Mow May”. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: February 14, 2023 Second Reading: February 28, 2023 Published: February March 3, 2023 CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Ordinance 23-004 An Ordinance Amending Section 62-86 of the Code of Ordinances of the City of Brookings, South Dakota, and to Provide for the Designation of “No-Mow” Vegetation Areas and “No Mow May” in the City of Brookings, South Dakota. Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows: That Section 62-86 of the Ordinances of the City of Brookings is hereby amended to read as follows: I. Section 62-86. Duty of Owner/Exceptions for Vegetation Management Practices. a. Duty to maintain lawn, grasses and weeds. No owner of any lot, place or area within the city, or the agent of such owner, or the occupant of such lot, place or area, shall allow or permit to remain upon any such lot, place or area, or upon any sidewalk or boulevard abutting the same any weeds, tall and undesirable grass or deleterious or unhealthful growths or other noxious matter that may be growing, lying or located thereon, and the growing of such weeds or other noxious or unhealthful vegetation is hereby declared to be a nuisance. The presence of primary or secondary noxious weeds as identified by the county weed board or the growth of any other vegetation referred to in this section to a height of 15 inches or more shall be prima facie evidence of such nuisance and a violation of this ordinance. Hay which is periodically mowed and removed from public or private property shall not constitute a nuisance under this section. b. Exceptions for vegetation management practices. 1. “No-Mow” areas designated by the Parks and Recreation Department, retention/detention ponds, the Dakota Nature Park, and Edgebrook Golf Course shall not be subject to the requirements of this section because different vegetation management practices are intended to apply to these areas. 2. In addition, to promote insect pollinators, the City will permit owners or occupants to refrain from mowing during the month of May. Those wishing to participate in “No Mow May” may refrain from mowing their lawns, grasses and weeds during the month of May, but must bring their property into compliance with Section a. of this ordinance by June 7 th immediately following their participation in a “No Mow May”. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: February 14, 2023 Second Reading: February 28, 2023 Published: February March 3, 2023 CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk No Mow May No Mow May is a national campaign to protect food and habitat resources for pollinators in urban areas. The Brookings Sustainability Council proposes Ordinance 23-004 to allow for No Mow May practices in Brookings. Background ●National Campaign advocated by Bee City USA ●Goal: Raise awareness for emerging pollinators by encouraging temporarily ceasing mowing lawns during the month of May ●Other Successful Campaigns: ○Stevens Point, WI (pop. 25,692) ○Appleton, WI (pop. 74,854) ○Edina, MN (pop. 53,494) Details ●Proposal: The Brookings Sustainability Council proposes to allow for exceptions in vegetation management practices during the month of May. This would allow residents to participate with no violation notices given for lawns over 15 inches. ●Lawns must be back in compliance by June 7 ●Yard signs available free of charge Considerations ●Legal: ○City Attorney Steve Brizman drafted Ordinance 23-004 ●Strategic Plan ○Sustainability -allows emerging pollinators access to food and resources during a critical life stage ●Financial: ○Funding provided by Brookings Sustainability Council’s budget Public Communication ●Press Release ●Now Mow May Webpage ●Social Media Posts ●Potential Print and Radio Media ●Yard Signs available for pickup starting April 1st ○520 3rd St. Suite 230 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 23-005,Version:1 Introduction and First Reading on Ordinance 23-005, an Ordinance granting a nonexclusive Natural Gas Franchise to NorthWestern Corporation, doing business as NorthWestern Energy, a Delaware Corporation, to Furnish and Sell Natural Gas to the City and its Inhabitants. Second Reading and Action: February 28, 2023. Summary: This Ordinance will provide NorthWestern Energy a non-exclusive franchise to continue providing natural gas services to the City and its residents for a maximum period of up to 15 years. Recommendation: Staff recommends approval. Attachments: Memo Ordinance Exhibit A Ordinance 32-12 City of Brookings Printed on 2/9/2023Page 1 of 1 powered by Legistar™ 1 | P a g e City Council Agenda Memo From: John R. Thompson, Public Works Director Council Meeting: February 14, 2022 / February 28, 2023 Subject: Ordinance 23-005: Franchise Agreement – NorthWestern Energy Presenter: John R. Thompson, Public Works Director Summary: This Ordinance will provide NorthWestern Corporation, doing business as NorthWestern Energy (NWE), a non-exclusive franchise to continue providing natural gas services to the City of Brookings (City) and its residents for a period of up to 15 years. Background: In 2013, City Council approved Ordinance 32-12, which granted authority to NorthWestern Corporation (NWE) to provide, transmit, or distribute natural gas upon and within City property and the streets and public rights -of-way for a period of 10 years. Ordinance 32-12 will terminate on March 21, 2023. In late 2022, City staff started working with NWE representatives and legal counsel to develop the language for the proposed ordinance and associated agreement (Ordinance). Item Details: In 2013, the City made significant improvements to the Ordinance language to better address public safety considerations and legal protections for the City. The proposed Ordinance includes the public safety and legal protection aspects found in the 2013 Ordinance and further clarifies the responsibilities of NWE. Additional language has been added to address current nondiscrimination laws and sharing of NWE’s proprietary facility infrastructure with City staff. The term of the proposed Ordinance is 10 years, with the option for one five-year extension. If the proposed Ordinance is approved, the Ordinance shall become effective and binding upon its approval and passage in accordance with South Dakota law and the written acceptance by NWE. Legal Consideration: The City Attorney has reviewed the proposed Ordinance and contributed to the development of the Franchise Agreement. Strategic Plan Consideration: 2 | P a g e Safe, Inclusive, and Connected - The proposed Ordinance includes language that addresses public safety considerations and emergency response. Service and Innovation Excellence – The proposed Ordinance will ensure that the residents of the City continue to have access to natural gas services for essential everyday quality of life tasks such as heating and cooking. Sustainability – The proposed Ordinance ensures that existing infrastructure continues to be maintained, and new infrastructure is properly planned to meet community’s needs in the future. Financial Consideration: There is no increase in Net City Cost associated with the proposed action. The cost to develop the proposed Ordinance will be absorbed in the adopted 2022 and 2023 Public Works budget, Org. 430. 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 proposed Ordinance as presented. Supporting Documentation: Memo Ordinance Exhibit A Ordinance 32-12 Ordinance 23-005 An Ordinance of the City of Brookings, SD, Granting a Nonexclusive Natural Gas Franchise to NorthWestern Corporation, doing business as NorthWestern Energy, a Delaware Corporation, to Furnish and Sell Natural Gas to the City and its Inhabitants. I. Whereas, the City of Brookings (“City”) finds it is in the public’s best interest to grant a franchise to transact business in the city for the purpose of transporting natural gas into and through and distributing and selling natural gas in the City and all other incidental matters including a franchise to lay, maintain, operate, and use gas pipes, mains, conductors, service pipes, and other necessary equipment in the streets and alleys in the City; and Whereas, in order to meet community needs, the City finds that the natural gas system is to be accessible throughout the City; and Whereas, the City and NorthWestern Corporation, doing business as NorthWestern Energy, a Delaware Corporation (“NorthWestern Energy”) by agreement have participated in a process together to negotiate the terms of a Natural Gas Franchise Agreement between NorthWestern Energy and the City, (Exhibit A); and Whereas, as part of the process for adoption of a franchise agreement with NorthWestern Energy, the City has evaluated their past performance and the needs of the City for the future, including changing law, technology, and services; and Whereas, NorthW estern Energy has provided natural gas services within the City for many years and further finds that NorthWestern Energy has the legal, technical, and financial qualifications to continue to provide natural gas services within the City; and Whereas, that the City has determined that this franchise agreement should be approved, subject to written acceptance by NorthWestern Energy. Now, Therefore, Be It Ordained by the Governing Body of the City of Brookings, South Dakota, That the Natural Gas Franchise Agreement between NorthWestern Corporation, doing business as NorthWestern Energy, and the City of Brookings, South Dakota is hereby approved; and That the Mayor is authorized to sign such Agreement after it is ratified and executed by NorthWestern Energy; and That the City shall publish this ordinance, however Exhibit “A” will be filed and available in the Office of the City Clerk for public inspection. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: February 14, 2023 Second Reading: February 28, 2023 Published: March 3, 2023 CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Agreement No. 23-005 Page | 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A OF ORDINANCE 23-005 NATURAL GAS FRANCHISE AGREEMENT This NATURAL GAS FRANCHISE AGREEMENT (“Agreement”) is entered into this _______ day of __________, 2023, by and between the City of Brookings, and NorthWestern Corporation, doing business as NorthW estern Energy, a Delaware Corporation, to furnish and sell natural gas to the City and its inhabitants. Section 1.01. Definitions As used in this Agreement, the following words or phrases shall have the following meanings: A. "City" shall mean City of Brookings, South Dakota, which includes the area within the City Limits, as the same now exists or as may be extended from time to time by annexation or other legal means. B. "City Limits" shall mean the official map showing the boundaries and limits of the City on file in the City's Community Development Department. C. "Consumer" shall mean any individual person, corporation, company, partnership, firm, unincorporated association, trust, municipality, public corporation, and any other legal or non-legal entity served by Franchisee. D. “Construction” shall mean, without limitation, constructing, acquiring, laying, maintaining, testing, operating, extending, renewing, relocating, removing, replacing, repairing, and using a natural gas Distribution System. E. "Distribution System" shall mean a system of pipes, pipelines, apparatus, machinery, structures, appliances or fixtures, and appurtenances, which in any way relate to or are reasonably necessary for the distribution of natural gas by Franchisee to Consumers. F. "Franchise" shall mean the rights and privileges granted by the City to the Franchisee under this Agreement. G. "Franchisee" shall mean NorthW estern Corporation, doing business as NorthWestern Energy, and its successors and assigns. H. "Install, operate, and maintain" shall mean to acquire, erect, construct, install, extend, repair, remove, relocate, replace, or otherwise operate and maintain. Agreement No. 23-005 Page | 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. "Public Ways" shall mean any street, alley, avenue, boulevard, lane, park, parkway, parking strip, sidewalk, driveway, utility easement, right-of-way, and any other public ways, places, areas, or grounds within the City Limits of the City as the same now exists or as may be extended from time to time by annexation or other legal means. J. "South Dakota Natural Gas Tariff' shall mean Franchisee's South Dakota Gas Rate Schedule on file with and made effective by the South Dakota Public Utilities Commission from time to time. K. The terms "gas" and "natural gas" as found herein shall be fully interchangeable in meaning. Section 1.02. Franchise Granted Franchisee is hereby granted a non-exclusive Franchise, right, and privilege for a period of ten (10) years to install, maintain, and operate a gas Distribution System in, upon, over, under, across, and along the City's public ways, as the same now are or may hereafter be extended for the distribution and sale of gas, whether artificial, natural, or otherwise, for cooking, heating, industrial, and all other uses and purposes. The term of this Franchise Agreement may be extended for no more than one (1) – five (5) year period only upon written approval of both parties at least 30 days before the last day of the initial ten (10) year term. The rights and privileges hereby granted are subject to the restrictions and limitations of South Dakota law, now in effect or which may be subsequently adopted. Section 1.03. Franchisee's Agreement to Serve Franchisee agrees, that for and during the term and period of this Franchise Agreement, it will maintain in the City an adequate, standard, and sufficient Distribution System and equipment and maintain and operate the same in a manner to meet the necessities and requirements of the City, its industries, and inhabitants. Franchisee, on behalf of itself, its successors and assigns, will be deemed to have accepted the terms and conditions of this Franchise by supplying service to any customer within the City Limits after the effective date of this Agreement. Notwithstanding the foregoing, Franchisee does not guarantee uninterrupted or undisturbed service of gas and is not liable for causes beyond its reasonable control. Section 1.04. Compliance with Right-of-Way Laws Required by Franchisee Franchisee shall have the right to excavate, subject to compliance with the Code of Ordinances of City of Brookings, South Dakota, now in effect or which may be subsequently adopted, with respect Agreement No. 23-005 Page | 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to construction within the City’s right-of-ways and shall obtain all necessary permits and licenses required thereunder or by other applicable laws, ordinances, and rules and as required of other like users of the right-of-way before commencing construction. Section 1.05. Franchisee Information Upon request, Franchisee shall provide to the City, at no cost to the City, information indicating the location and size of Franchisee’s facilities that are located in the City's right-of-way, including documents, maps, drawings and/or Geographic Information System data ("Information"). The Franchisee and City recognize the Information delivered to the City pursuant to this Agreement is proprietary and confidential. The City shall restrict access to the Information to employees with a defined business need for review of the Information. The City shall not disclose or disseminate the Information to any third parties without express written consent of the Franchisee. In the event it is believed that the Information has been accessed by an unauthorized person or entity, the City shall provide prompt notice to the Franchisee and shall take all reasonable action to mitigate any such breach of confidentiality. The City agrees to return or destroy all Information received from Franchisee upon termination of this Franchise Agreement. The Information delivered to or inspected by the City pursuant to this Section is for informational purposes only, and Franchisee does not warrant the accuracy thereof. To the extent the Information delivered to the City identifies Franchisee facilities, such Franchisee facilities are shown in an approximate location. Nothing herein is intended or may be construed to relieve the City or any person with access to or in receipt of the Information of its respective obligation under SDCL § 49-7A-5 to notify the one-call notification center of a proposed excavation to determine the location of underground utilities. Section 1.06. Changes to Physical Plant - Extension of Service Franchisee shall and hereby agrees to make such reasonable extensions of the Distribution System as may be reasonably required to furnish service to parties making application therefor located within the City Limits of the City. Franchisee shall not be required to make any such extensions of the Distribution System nor install service lines for the purpose of serving any new customer or customers where the estimated revenue to be derived from such service is not sufficient to provide an adequate Agreement No. 23-005 Page | 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 return upon the investment (after recognizing any customer Contribution in Aid of Construction) required to serve such customer or customers. All extensions of the Distribution System shall be made in compliance with the South Dakota Natural Gas Tariff. Section 1.07. Furnishing Natural Gas During the term of this Franchise Agreement, Franchisee shall furnish natural gas in the quantity and quality consistent with and in accordance with the applicable regulations of the South Dakota Public Utilities Commission and Franchisee's tariff made effective by the South Dakota Public Utilities Commission or its successors and state law and federal law. Section 1.08. Non duplication of Distribution Facilities To minimize risk to the citizens of the City and to avoid unnecessary duplication of natural gas facilities within the City, Franchisee shall not construct Distribution Facilities in, along, under, or down any Public Way wherein another natural gas line already exists, except: (i) where service requirements necessitate additional distribution facilities; (ii) upon verification to the City that the installation, operation, and maintenance of such additional distribution facilities shall be in conformance with all then current industry standards, and all applicable codes, rules, regulations, statutes, and orders of local, state, and federal agencies having authority in such matters; and (iii) upon review and approval by the City. Section 1.09. Relocation When Street Vacated In the event that City receives a petition to vacate any Public Way, including any and all utility easements in such Public Way, City agrees that Franchisee will receive notice of such petition no fewer than ten (10) days prior to any hearing, regarding such petition. In the event the City vacates any Public Way, a utility easement will remain in effect unless the private property owner(s) on either side of the Public Way petition the City to vacate the utility easement. If the City grants petitioner's request to vacate a utility easement in any Public Way, the Franchisee shall work with the petitioning property owner(s) to relocate all of its facilities and equipment within such vacated Public Way, and Franchisee shall be reimbursed by petitioners for the costs of such relocation, pursuant to state law. Agreement No. 23-005 Page | 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In the event that the City requests relocation of Franchisee's facilities and equipment within any Public Way, Franchisee shall relocate its facilities and equipment located within such vacated Public Way at no cost to the City. Section 1.10. Public Emergency If a public emergency arises involving the Franchisee's system, the City shall promptly notify the Franchisee. If the Franchisee does not act or is unable to take the necessary action, the City shall have the right to shut off service to affected consumers, without prior notice. The City’s actions shall only be performed by its authorized Fire Department personnel and only in the event Franchisee cannot act or requests the City to take action, and the action taken shall be limited to shutting the gas meter down by closing the riser valve. Public emergency means any condition that, in the opinion of the City Fire or Police Department, poses an immediate threat to the lives or property of the residents of City, caused by any natural or man-made disaster, including but not limited to storms, floods, fire, accidents, explosions, sewer or water main breaks, hazardous material spills, and other similar occurrences. Provided it received Notice, Franchisee shall be responsible for repair, at its sole expense, of any of its facilities damaged pursuant to any such action taken by Franchisee or City, except for damage that is the result of sole negligence or willful misconduct of City. Section 1.11. Emergency Response Plan / Service Valves The Franchisee shall provide to the City those portions of its Emergency Management Plan applicable to the City within sixty (60) days of the effective date of the ordinance approving this Agreement. The Franchisee shall ensure that any future updates of its Emergency Management Plan, applicable to the City, during the term of this Agreement, are provided to the within thirty (30) days of the update. The Franchisee shall ensure that Construction of Distribution Systems, subsequent to the date of this Agreement, are equipped with service valves used to shut off services at the meter and the service valves are accessible to authorized Fire Department personnel in time of an emergency and at no cost to the City. To the extent the existing Distribution System is equipped with inaccessible service Agreement No. 23-005 Page | 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 valve(s) and Construction occurs in those areas, the Franchisee shall either relocate or require its customer to relocate the inaccessible service valve(s), at no cost to the City. Section 1.12. Restoration of Streets In doing any work in connection with exercising the privileges herein granted, Franchisee shall avoid, so far as may be practicable, interfering with the use of any Public Way. Where paving or surface of the street is disturbed, Franchisee shall, at its own expense and in a manner reasonably satisfactory to the City, and in compliance with City specifications, replace such pavement or surface of the Public Way in as a good condition as it was in before such work was commenced. The Franchisee shall not be required to restore or modify public right of way, sidewalks, or other areas within the Franchisee’s project area to a condition superior to its previously existing condition, unless such alterations are required for the City to comply with City, state, or federal rules, regulations, laws, permits, and/or specifications. Section 1.13. Installation of Equipment Franchisee shall install, maintain, and operate the Distribution System in a manner which does not interfere with or obstruct the use of any water or gas pipes, drains, sewers, or other structures already installed and which is acceptable to City. Franchisee further agrees to install, operate, and maintain all underground piping according to current industry standards, and all applicable codes, rules, regulations, statutes, and orders of local, state, and federal agencies having authority in such matters. Section 1.14. Installation and Ownership of Service Lines Franchisee shall, at its own expense, furnish and install service pipe of suitable capacity to the Consumer's point of delivery herein defined as the inlet side of the first connection with Consumer's premises, or the outlet side of the meter if located beside, within, or attached to the premises. This delivery location shall be defined as "Consumer's Point of Delivery." Service lines or gas main extensions may be subject to a Contribution in Aid of Construction. Ownership of all service lines shall remain with Franchisee. Franchisee shall install, furnish, and maintain service pipe to Consumer's Point of Delivery in compliance with all terms and conditions of Franchisee's Tariff with the South Dakota Public Utilities Commission. Agreement No. 23-005 Page | 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 1.15. Allocation of Gas Supplies In the event of a shortage in the supply of natural gas for any reason beyond the control of Franchisee, it will allocate the available gas in a manner which conforms to the general interest of the public as required by applicable laws and regulations. Section 1.16. Insurance Requirements Franchisee shall self-insure or secure and maintain the insurance specified below. The insurance specified in this section may be in a policy or policies of insurance and may be primary coverage or excess coverage. Certificates of all required insurance shall be provided to the City upon execution of this Agreement. 1. Workers' compensation insurance providing the statutory limits required by South Dakota law. In addition, it shall provide Coverage B, Employer's Liability Coverage, of not less than $1,000,000 each accident, $1,000,000 disease-policy limits. The required limit may be met by excess liability (umbrella) coverage. 2. Commercial general liability insurance providing occurrence form contractual, personal injury, bodily injury, and a property damage liability coverage with limits of at least $1,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 aggregate products and completed operations. The required limit may include excess liability (umbrella) coverage. The policy shall by separate endorsement name City as an additional insured. If "occurrence form" insurance is not available, "claims made" insurance will be acceptable. The policy shall be maintained for three years after completion of this Agreement. 3. Automobile liability insurance covering all owned, non-owned, and hired automobiles, trucks, and trailers. The coverage shall be as broad as that found in the standard comprehensive automobile liability policy with limits of not less than $1,000,000 combined single limit each occurrence. The required limit may include excess liability (umbrella) coverage. Franchisee will provide the City with at least 30 days' written notice of an insurer's intent to cancel or not renew any of the insurance coverage required above. Franchisee agrees to hold the City harmless from any liability assumed under this agreement, including additional premium due, because of Franchisee's failure to maintain the coverage limits required. City's approval or acceptance of Agreement No. 23-005 Page | 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 certificates of insurance does not constitute City's assumption of responsibility for the validity of any insurance policies, nor does City represent that the above coverages are adequate to protect any individual/group/business, its consultants' and assumes no liability therefor. Section 1.17. Nondiscrimination Franchisee will provide equal employment opportunities in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Franchisee prohibits discrimination against any person or class of persons based on race, color, religion, sex (including pregnancy and related conditions, sexual orientation, or gender identity), national origin, age (40 or older), disability, genetic information or other characteristic protected by federal, state or local laws in its employment practices. Section 1.18. Indemnification Franchisee shall, at its sole cost and expense, defend, indemnify, and hold harmless City, all departments of City now existing or hereinafter created, and their respective officers, boards, commissions, employees, agents, attorneys, and contractors ("the indemnitees"), from and against any and all liability, obligation, damages, penalties, claims, liens, limitations, reasonable fees and expenses of attorneys, expert witnesses, and consultants, which may be imposed upon, incurred by, or be asserted by any third party against the indemnitees by reason of any negligent or otherwise wrongful act or omission of Franchisee, its personnel, employees, agents, contractors, or subcontractors, resulting in personal injury, bodily injury, sickness, disease, or death to any person or damage to, loss of, or destruction of property, which may arise out of or be in any way connected with the construction, installation, operation, maintenance, or condition of the gas Distribution System or Franchisee's failure to comply with any federal, state, or local statute, ordinance, or regulation. Notwithstanding the foregoing, Franchisee shall not be required to indemnify the City for negligence on the part of the City or its officials, agents, contractors, or employees. Section 1.19. Disclaimer of Liability City shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of the construction, maintenance, repair, use, operation, condition, or Agreement No. 23-005 Page | 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 dismantling of Franchisee's gas Distribution System, except for those injuries or damages that arise from the negligence of City or its agents, contractors, or subcontractors. Section 1.20. Notice, Cooperation, and Expenses In the event that a claim is made against the City resulting from and/or pertaining to any act or omission of the Franchisee, its personnel, employees, agents, contractors, subcontractors, or designees, the following shall apply: 1. City shall give Franchisee prompt notice of any claim or the commencement of any action, suit, or other proceeding covered by the provisions of this section. 2. City shall cooperate with Franchisee and may participate in the defense of any litigation by City's own counsel, at City’s own expense. 3. To the extent Franchisee has asked City to participate in the defense of litigation, or to the extent Franchisee has refused to defend, indemnify, and hold harmless the City, Franchisee shall pay all expenses incurred by City defending itself with regard to any such actions, suits, or proceedings. These expenses shall include all out-of-pocket expenses, such as reasonable attorney fees, and shall also include the reasonable value of any services rendered by or on behalf of the City Attorney, and the actual expenses of City's agents, employees, or expert witnesses, and disbursements and liability assumed by City in connection with such suits, actions, or proceedings. Section 1.21. Assignment Franchisee's right, title, or interest in the Franchise shall not be sold, transferred, assigned, or otherwise encumbered, other than to an entity controlling, controlled by, or under common control with Franchisee or in connection with the corporate reorganization authorized by the South Dakota Public Utilities Commission (Docket No. GE22-002), without the prior consent of City, with consent not to be unreasonably withheld. No consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of Franchisee in the Franchise in order to secure indebtedness. Within 30 days of receiving a request for transfer, City shall notify Franchisee in writing of any additional information it reasonably requires to determine the legal, financial, and technical qualifications of the transferee. Agreement No. 23-005 Page | 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Franchisee shall reimburse the City for costs and expenses for any proposed transfer of this Agreement. At the City’s request, the Franchisee shall reimburse the City for reasonable expenses incurred with respect to any proposed transfer of this Agreement, including, without limitation, attorney fees, consultant fees, publication of notices and ordinances, and copying of documents in connection with a proposed transfer of this Agreement. Section 1.22. Municipal Authority Franchisee agrees that all authority and rights in this Agreement shall at all times be subject to all rights, power, and authority now or hereafter possessed by City, to regulate, control and direct, or otherwise by ordinance or resolution legislate concerning the manner in which Franchisee shall use the Public Way. Section 1.23. Termination Either City or Franchisee ("party") may terminate this Franchise if the other party shall be materially in breach of its provisions. Upon the occurrence of a material breach, the non-breaching party shall provide the breaching party with notification by certified mail specifying the alleged breach. The breaching party shall have 60 days to cure the breach, unless it notifies the non-breaching party, and the parties agree upon a shorter or longer period to cure the breach. If the breaching party is not in compliance after the expiration of the designated time period, the non-breaching party may, after affording the breaching party a reasonable opportunity to be heard, terminate this Agreement; provided, however, that if any failure to comply cannot with reasonable and appropriate efforts by the breaching party be corrected within the designated time period, the non-breaching party shall reasonably extend that period upon appropriate representations and assurances by the breaching party that corrections are being made. Such extension will not be considered or deemed a waiver by the non-breaching party of any such lack of compliance. The non-breaching party may allow continuation of this Agreement for as long as it deems appropriate, despite a breach or forfeiture as described herein, in order to ensure continuation of service to consumers; such continuation of the arrangement will not be deemed a waiver of the City’s right to terminate pursuant to this paragraph. Agreement No. 23-005 Page | 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A party shall not be considered to be in breach of this Franchise if it has operated in compliance with local, state, or federal law. A party shall not be considered to have breached this Franchise if the alleged breach is the result of the actions of a third party or the other party. Section 1.24. Dispute Resolution If either party to this Franchise asserts that the other party is in default in the performance of any obligation imposed by it, the complaining party shall notify the other party in writing of the default and the desired remedy. The parties shall meet and attempt in good faith to negotiate a resolution of the dispute. If the parties are unable to resolve the dispute within 60 days of the initial notification, City and Franchisee may agree to seek non-binding mediation before litigation. All parties must agree to the mediator and all parties agree to equally share the cost of the mediation. Mediation shall be completed within One Hundred and Eighty (180) Days from initial notification of the dispute and request for mediation. If the parties are still unable to resolve the dispute or choose not to pursue mediation, either party may commence an action in circuit court to interpret and enforce this Franchise, or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. Section 1.25. Venue This Franchise Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the state of South Dakota without regard to its choice of law provisions. Jurisdiction and venue of any legal proceeding involving the parties in connection with this Franchise will lie exclusively with the state courts located in Brookings County, South Dakota. Section 1.26. Franchise Amendable This Franchise Agreement may not be enlarged, modified, or altered unless approved by the governing body in accordance with law and by written acceptance by Franchisee pursuant to Section 1.32 below. Section 1.27. Notices All notices and communications pursuant hereto shall be deemed validly given, served, or delivered, upon delivery in person or by courier service, and if mailed upon three (3) days after deposit Agreement No. 23-005 Page | 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in the United States mail, certified and with proper postage and certified fee prepaid, addressed as follows: CITY FRANCHISEE City of Brookings NorthWestern Corporation Attn: Public Works Director Attn: District Manager 520 3rd Street, Suite 230 1232 22nd Avenue Brookings, SD 57006 Brookings, SD 57006 or to such other address as the addressee may designate in writing by notice to the other party delivered in accordance with the provisions of this paragraph. Section 1.28. No Right of Property Anything contained herein to the contrary notwithstanding, the award of this Franchise shall not impart to Franchisee any right of ownership of right-of-way or City-owned property. Section 1.29. Captions Captions and other headings contained in this Franchise Agreement are for reference and identification purposes only and in no way alter, modify, amend, limit, or restrict the contractual obligation of the parties hereto. Section 1.30. Compliance with Laws Franchisee agrees to conduct its business under the terms of this Agreement in such a manner that it does not violate any federal state or local laws or regulations, including the applicable regulations of the South Dakota Public Utilities Commission, in the conduct of its operations under the terms of this Franchise Agreement. Section 1.31. Validity of Franchise If any section, subsection, sentence, clause, phrase, or portion of this Franchise Agreement shall for any reason be held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. Agreement No. 23-005 Page | 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 1.32. Acceptance This Agreement and the rights and privileges herein granted shall become effective and binding upon its approval and passage in accordance with South Dakota law and the written acceptance by Franchisee. City shall provide Franchisee with an original signed copy of this Agreement within ten (10) days of its final passage. Franchisee shall, within thirty (30) days after City Council approval of this Agreement, file Franchisee's written acceptance of all the terms and provisions of this Agreement in the office of the City Clerk. Following City Council approval, this Agreement shall be published in accordance with the South Dakota state law. The effective date of the ordinance approving this Agreement shall be twenty (20) days after publication of the ordinance. In the event that Franchisee does not file its written acceptance of this Agreement within thirty (30) days after the City Council approves the Ordinance authorizing the Mayor to sign this Agreement, the Agreement shall be void and no effect. Section 1.33. Repeal Upon the effective date of the enabling ordinance, all prior natural gas franchises granted to the Franchisee to furnish natural gas to the City and its inhabitants are hereby repealed. /// /// /// /// /// /// /// /// /// /// /// /// /// Agreement No. 23-005 Page | 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ACKNOWLEDGEMENT AND ACCEPTANCE OF AGREEMENT CITY OF BROOKINGS, SOUTH DAKOTA Dated this __ day of ________ , 2023. City of Brookings __________________________________ Oepke G. Neimeyer, Mayor of the City of Brookings (SEAL) ATTEST: BONNIE FOSTER City Clerk City of Brookings, State of South Dakota By ______________________________ Deputy Agreement No. 23-005 Page | 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ACKNOWLEDGEMENT AND ACCEPTANCE OF AGREEMENT NORTHWESTERN CORPORATION, DOING BUSINESS AS NORTHWESTERN ENERGY Dated this __ day of ________ , 2023. NorthWestern Corporation _______________________________________ Printed Name _______________________________________ Title _______________________________________ Signature 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 23-006,Version:1 Introduction and First Reading on Ordinance 23-006, an Ordinance Authorizing Budget Amendment No. 11 to the 2022 Budget. Second Reading and Action: February 28, 2023. Summary: City of Brookings staff continually monitors departmental budgets and brings amendments to the City Council as necessary to account for circumstances not anticipated in the originally adopted appropriation ordinance. This ensures compliance with state and local laws and maintains transparency regarding the City’s operational needs. This four-part budget amendment increases budget authority in the General Fund to account year-end adjustments needed based on additional revenues received and expenditures incurred. Recommendation: Staff recommends approval. Attachments: Memo Ordinance City of Brookings Printed on 2/9/2023Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Erick Rangel, Chief Financial Officer Council Meeting: February 14, 2023 / February 28, 2023 Subject: Ordinance 23-006: Budget Amendment No. 11 to the 2022 Budget Presenter: Ashley Rentsch, Senior Finance Manager Summary: City of Brookings Staff continually monitors departmental budgets and brings amendments to the City Council as necessary to account for circumstances not anticipated in the originally adopted appropriation ordinance. This ensures compliance with state and local laws and maintains transparency regarding the City’s operational needs. This four-part budget amendment increases budget authority in the General Fund to account year-end adjustments needed based on additional revenues received and expenditures incurred. Background: General Fund departments including Subsidies, Fire, Police, and City Clerk require budget supplements to ensure proper authority for end of year expenditures. Many of these expenditures are related to revenues received that generated a resulting unbudgeted expenditure. This Ordinance resolves overages based on departmental needs after recognizing 2022 expenditures. Item Details: PART 1 Dept./Fund Budgetary Account Increase/(Decrease) Amount Description Subsidies Revenue $ 65,000 SD Community Foundation Pass-Through to Chamber, BEDC Reimbursed Expense Subsidies Expenditure $ 65,000 SD Community Foundation Pass-Through to Chamber, BEDC Reimbursed Expense PART 2 Dept./Fund Budgetary Account Increase/(Decrease) Amount Description Fire Department Revenue $ 49,002 Fire Department Revenues in excess of Budget Fire Department Expenditure $ 49,002 Fire Department Expenditures related to increase in revenues PART 3 Dept./Fund Budgetary Account Increase/(Decrease) Amount Description Police Department Revenue $ 20,591 Increase budget to recognize drone reimbursement Police Department Expenditure $ 20,591 Increase exp budget to recognize reimbursed drone. PART 4 Dept./Fund Budgetary Account Increase/(Decrease) Amount Description City Clerk Revenue $ 6,954 Increase rev budget for reimbursement received from Brookings School District. City Clerk Expenditure $ 6,954 Increase election expense budget by reimbursement received from Brookings School District. Legal Consideration: None. Strategic Plan Consideration: This action supports fiscal responsibility by ensuring proper budget authority for final 2022 expenditures and increasing transparency regarding reimbursed expenses. Financial Consideration: All adjustments proposed in this amendment are budget neutral, increasing budget authority for both revenues and expenditures. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval. Supporting Documentation: Memo Ordinance Ordinance 23-006 An Ordinance Authorizing Budget Amendment No. 11 to the 2022 Budget Be It Ordained by the City of Brookings, South Dakota: Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a)) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it becomes due. Part 1 Dept. / Fund Budgetary Account Account Name Increase / (Decrease) Amount Description Subsidies 101-495-4-334-10 Grants $20,000 SD Community Foundation Pass- Through to Chamber Subsidies 101-495-4-669-02 Miscellaneous Income $45,000 BEDC Reimbursed Expense Subsidies 101-495-5-466-01 Economic Incentive Grant $20,000 SD Community Foundation Pass- Through to Chamber Subsidies 101-495-5-856-73 Brookings Ec. Dev. Corp. $45,000 BEDC Reimbursed Expense Part 2 Dept. / Fund Budgetary Account Account Name Increase / (Decrease) Amount Description Fire Dept. 101-422-4-335-06 Fire Insurance Premium $26,111 Recognize additional revenue Fire Dept. 101-422-4-441-08 Reimbursed Expense $18,226 Increase exp budget by Carter Canyon Wildland Fire Funds Received Fire Dept. 101-422-4-446-16 Inspection Fees $2,380 Increase exp budget by increased inspection and misc. revenues Fire Dept. 101-422-4-664-00 Miscellaneous $2,286 Contingency funding for increase in Group Insurance Fire Dept. 101-422-5-121-10 Retirement/Volunteer Firemen $26,111 Increase exp budget by increased fire insurance premium revenue Fire Dept. 101-422-5-429-17 Grant Expenditures $18,226 Increase exp budget by Carter Canyon Wildland Fire Funds Received Fire Dept. 101-422-5-426-10 Gasoline $4,666 Increase exp budget by increased inspection and misc. revenues Part 3 Dept. / Fund Budgetary Account Account Name Increase / (Decrease) Amount Description Police Dept. 101-421-4-441-08 Reimbursed Expense $20,591 Increase budget to recognize drone reimbursement Police Dept. 101-421-5-920-00 Furniture & Equipment $20,591 Increase exp budget to recognize reimbursed drone Part 4 Dept. / Fund Budgetary Account Account Name Increase / (Decrease) Amount Description City Clerk 101-403-4-441-08 Reimbursed Expense $6,954 Increase rev budget for reimbursement received by BSD City Clerk 101-403-5-426-02 Election Expense $6,954 Increase election exp budget by reimbursement received form BSD Now, therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following budget adjustments to the 202 2 budget: All ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: February 14, 2023 Second Reading: February 28, 2023 Published: March 3, 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 #:ORD 23-002,Version:2 Second Reading and Action on Ordinance 23-002, an Ordinance Authorizing Budget Amendment No. 1 to the 2023 Budget. Summary: City of Brookings Staff continually monitors departmental budgets and brings amendments to the City Council as necessary to account for circumstances not anticipated in the originally adopted appropriation ordinance. This ensures compliance with state and local laws, and maintains transparency regarding the City’s operational needs. This budget amendment increases budget authority by $2.2 million for the community allocation of American Rescue Plan Act funds. Agreements were made with community stakeholders following the City Council Work Session held July 19, 2022. Recommendation: Staff recommends approval. Attachments: Memo Ordinance City of Brookings Printed on 2/9/2023Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Erick Rangel, Chief Financial Officer Council Meeting: January 24, 2023 / February 14, 2023 Subject: Ordinance 23-002: Budget Amendment No. 1 to the 2023 Budget Presenter: Ashley Rentsch, Senior Finance Manager Summary: City of Brookings Staff continually monitors departmental budgets and brings amendments to the City Council as necessary to account for circumstances not anticipated in the originally adopted appropriation ordinance. This ensures compliance with state and local laws and maintains transparency regarding the City’s operational needs. This budget amendment increases budget authority by $2.2 million for the community allocation of American Rescue Plan Act funds. Agreements were made with community stakeholders following the City Council Study Session held July 19, 2022. Background: The City of Brookings received just over $4.4 million in American Rescue Plan Act funding. Approximately half of this total, $2.2 million, was allocated to community stakeholders based on recommendations resulting from a City Council Work Session held on July 19, 2022. Priorities identified included behavioral health, childcare, and workforce housing, as well as other affordable housing programs. Item Details:  Brookings Behavioral Health & Wellness: The Ivy Center - $1,200,000 o Design and construction for building renovation and expansion  Brookings Economic Development Corporation - $580,000 o $500,000 – Childcare facility plan, business plan, and construction o $80,000 – Work with area childcare providers and increase number of registered and licensed providers.  Clark Drew Construction - $200,000 o 7 buildings with a total of 20 units for workforce housing  Brookings Area Habitat for Humanity - $110,000 o Construction of one new single-family home  Interlakes Community Action Partnership (ICAP) - $110,000 o $52,500 – Subsidize cost of lots for 7 households o $25,000 – Rental assistance/security deposits for 50 households o $25,000 – Weatherization deferrals for 12 households o $7,500 – Client database management Legal Consideration: None. Strategic Plan Consideration: This action supports fiscal responsibility by increasing budget authority for anticipated expenditures and increasing transparency regarding grant funding and transfers of authority. The initiatives supported by these funding allocations also promote a safe, inclusive, and connected community, as well as economic growth. Financial Consideration: The $2.2 million increase in budget authority was allocated in July 2022 based on a total of just over $4.4 million in funds awarded to the City through the American Rescue Plan Act. The total amount of federal funds claimed for government services payroll in 2022, and the grants to the community stakeholders, bear no federal reporting requirements. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the ordinance as presented. Supporting Documentation: Memo Ordinance Ordinance 23-002 An Ordinance Authorizing Budget Amendment No. 1 to the 2023 Budget Be It Ordained by the City of Brookings, South Dakota: Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a)) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it becomes due. Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following budget adjustments to the 2023 budget: Dept. / Fund Budgetary Account Account Name Increase/(Decrease) Amount Description Appropriations / Subsidies 101-495-5-856-68 other $2,200,000 ARPA Funds Community Allocation All ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: January 24, 2023 Second Reading: February 14, 2023 Published: February 17, 2023 CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Funding Source Account Account Name Increase/(Decrease) Amount Description Restricted Reserves 101-000-0-210-00 Restricted Cash $ (2,200,000) ARPA Funds Community Allocation 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 23-010,Version:1 Public Hearing and Action on Resolution 23-010, a Resolution of Intent to Lease Real Property to Rural Technologies, Inc. Summary: Adoption of the proposed resolution and approval of the recommended actions will allow the City to enter into a lease agreement with Rural Technologies, Inc. for office and lab space at the Research and Technology Center. Recommendation: Staff recommends approval. Attachments: Memo Resolution Notice Lease Exhibits City of Brookings Printed on 2/9/2023Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Council Meeting: February 14, 2023 Subject: Resolution 23-010: Intent to Lease Real Property to Rural Technologies, Inc. Person(s) Responsible: Mike Struck, Community Development Director Summary: Adoption of the proposed Resolution and approval of the recommended actions will allow the City to enter into a lease agreement with Rural Technologies, Inc. for office and lab space at the Research and Technology Center located at 801 32nd Avenue for 2023, with the option to renew for two additional one -year terms for 2024 and 2025. Background: The City owns the Research and Technology Center at 801 32nd Avenue and has operated the facility as a business incubator for twenty plus years. Rural Technologies, Inc. has been a tenant at the facility since 2013. The City leases space in the facility to new and expanding businesses, which provides extra income for the City. Item Details: The proposed lease maintains the current terms and conditions, whereby the lease rate is $10.00 per square foot for the office and lab space and $4.00 per square foot for the unfinished garage space. The lease is a month to month lease with the option to renew not to exceed December 31, 2025. A public hearing and adoption of a Resolution is required as per SDCL 9-12-5.2 to lease to a private person: 9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing - Authorization. If the governing body decides to lease any municipally owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public hearing on the adoption of the resolution. Notice of the hearing shall be published in the official newspaper once, at least ten days prior to the hearing. Following the hearing the governing body may proceed to authorize the lease upon the terms and conditions it determines. The Notice of Public Hearing was published on February 3, 2023. Legal Consideration: The City Attorney reviewed the lease agreement. Strategic Plan Consideration: The lease furthers the strategic initiative of financial responsibility, whereby the City receives revenue from the lease. Financial Consideration: The City will enter into a one-year contract for 2023 with Rural Technologies, Inc. for the annual sum of $118,106.00. The lease may be renewed for two additional, one-year terms, for 2024 and 2025. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a work session 5. Discuss / take no action / table Staff recommends approval of the resolution and recommended actions, as presented. Supporting Documentation: Memo Resolution Notice Lease Exhibits Resolution 23-010 Resolution of Intent to Lease Real Property to Rural Technologies, Inc. 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 agreement with Rural Technologies, Inc. (RTI), LLC., on a month-to-month basis terminating on or before December 31, 2023 with the option to renew for two additional one-year terms and pertaining to the following described property: Research & Technology Center – 801 32nd Avenue, Suite 100 The Lease will be an amount of $10.00 per square foot for 10,957 square feet of office/lab space and $4.00 per square foot for 2,134 square feet of garage/cold storage space. Be It Further Noted, that a Public Hearing on this Resolution was held on February 14, 2023 at 6:00 o’clock P.M. at the Brookings City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real propert y. Passed and approved this the 14th day of February, 2023. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENT TO LEASE REAL PROPERTY NOTICE IS HEREBY given that on Tuesday, February 14, 2023, at 6:00 o’clock P.M., the Brookings City Council will hold a public hearing in the Brookings City and County Government Center Chambers, located at 520 Third Street, Brookings, South Dakota, on the Resolution of Intent of the City of Brookings to lease to Rural Technologies, Inc. the following described property in the Research and Technology Center: 801 32nd Avenue, Suite 100, Brookings, SD At the time and place affixed for said public hearing, all who appear will be given an opportunity to express their views for or against the proposal to lease the above described property. Dated this 3rd day of February, 2023. CITY OF BROOKINGS 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." Agreement No. ______ Page 1 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LEASE AGREEMENT RESEARCH and TECHNOLOGY CENTER THIS LEASE AGREEMENT is made and entered into by and between the City of Brookings, South Dakota, a municipal corporation (hereinafter referred to as “Lessor”), and RTI, LLC, a South Dakota limited liability company (hereinafter referred to as “Lessee”). Lessor and Lessee may each also be referred to as a “Party” or collectively, “Parties” to this Agreement. WITNESSETH Whereas the South Dakota Codified Laws § 9-12-5.1 and 5.2 authorize municipal governments to lease municipally-owned property; and Whereas the City of Brookings desires to lease office and lab space in the Research and Technology Center; and Whereas the City of Brookings published a Notice of public hearing on February 3, 2023 in the Brookings Register; NOW THEREFORE, in consideration of the mutual covenants, terms, and conditions herein contained, the Parties do hereby agree as follows: SECTION 1 – DESCRIPTION OF PREMISES 1. Description of Premises: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the following described property, which is illustrated in Attachment A: 801 32nd Avenue, Suite 100, Brookings, South Dakota which contains the following units: Unit 1 containing approximately 8.866 square feet Unit 2 containing approximately 2,091 square feet Unit 3 containing approximately 2,134 square feet Agreement No. ______ Page 2 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2 – TERM 2. Term: This agreement shall commence on the 1st day of March, 2023 and shall be for a month- to-month tenancy which may be terminated by either party upon giving notice to the other party at least thirty (30) days prior to the termination date. The term of this lease shall end on December 31, 2023, unless terminated earlier as provided in this Section. The Lessee shall have the option to renew this Lease for two (2) additional one (1) year terms (2024 and 2025), if agreeable to both the Lessor and Lessee. The additional one year terms shall also be month-to-month tenancies, terminable upon thirty (30) days’ notice. SECTION 3 – ANNUAL CASH RENT 3. Monthly Cash Rent: Lessee agrees to pay Lessor at a rate of Ten ($10.00) Dollars per square foot for Unit 1 and Unit 2 based upon the occupancy of 10,957 square feet, and at a rate of Four ($4.00) Dollars per square foot for Unit 3, based upon the occupancy of 2,134 square feet, for the total annual sum of One Hundred Eighteen Thousand One Hundred and Six Dollars ($118,106) to be payable in equal monthly installments of Nine Thousand Eight Hundred Forty-Two Dollars and Seventeen Cents ($9,842.17. Lessee shall pay each monthly rental on or before the 1st day of each month through the full term of this Lease, and is late if paid after the 10th day of the month. Failure to timely pay the rent, in addition to all other remedies, will result in a ten (10%) percent late charge. The payment may be mailed or delivered to the following address: City of Brookings Accounts Receivable 520 3rd Street, Suite 230 Brookings, SD 57006 SECTION 4 – LESSEE RESPONSIBILITIES 4. Lessee Responsibilities: The premised described in Section 1 shall be used by Lessee for the following purposes and no others without the prior written consent of the Lessor, and the Lessee agrees to the following: Agreement No. ______ Page 3 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. Use of Premises – Lessee will use the premises to conduct its contract research and laboratory business, corporate and business office and comply in all respects to the schedule of Lessee’s Rules of Occupation, hereinafter called “Rules”, attached to this Lease as Exhibit “B”, or such amended rules that may be issued by the Lessor or the Lessor’s agents. B. Utilities – Lessee shall be responsible for paying its’ own utilities. C. Maintenance – Lessee will maintain the interior of Suite 100 (Units 1, 2, and 3) and all fixtures therein in good condition and repair. No structural alterations or additions to Suite 100 ( Units 1, 2, and 3) may be made without the prior written consent of Lessor. D. To remove, at the termination of this Lease, all goods and effects, and to leave Suite 100 (Units 1, 2, and 3) at the conclusion of this Lease in good repair and order, reasonable wear and tear excepted. E. To comply with all Federal, State, or local laws which may affect the Lessee’s use of Suite 100 (Units 1, 2, and 3). F. To purchase and maintain such insurance as Lessee deems appropriate to protect Lessee from loss of Lessee’s property due to fire and/or casualty; and to purchase and maintain a commercial general liability premises policy in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, and Lessee shall provide the Lessor with a Certificate of Insurance showing Lessor as an additional insured. The Certificate shall provide for a ten (10) day written notice to Lessor in the event of cancellation or material change of coverage. H. Lessee agrees not to affix signs or advertising displays of any kind, either to the exterior or interior walls of Suite 100 (Units 1, 2, and 3), or to any of its doors or windows, without the prior written consent of Lessor. I. Lessee shall not vacate or abandon the premises at any time during the term hereof, and if Tenant does abandon or vacate the premises, or be dispossessed by process of law, or otherwise, any personal property belonging to Lessee left upon the premises shall be deemed to be abandoned at the option of the Lessor. Agreement No. ______ Page 4 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J. Lessor shall not be liable for any damage or injury to Lessee, or any other person, or to any property, occurring on the demised premises or any part thereof, and Lessee agrees to hold Lessor harmless from any claims for damages unless such damage or injury results from the negligence of the Lessor. SECTION 5 – LESSOR’S RESPONSIBILITIES 5. Lessor’s Responsibilities: Lessor shall be responsible for the following: A. The Lessor covenants that it has the right to grant this Lease as Owner of the building. B. To keep the exterior of the premises in good repair and condition, and to clean and maintain the areas of the Brookings Area Research and Technology Center which are used in common by all Lessee’s. The Lessor shall be responsible for the exterior and interior structural maintenance of the building and maintaining the common areas. The Lessor shall be responsible for pest control around the exterior of the Center and in the common areas. The Lessor shall also be responsible for maintenance of the heating and cooling system. C. To insure and keep insured at all times the buildings, structure s and fixtures owned by the Lessor against fire, windstorm and similar occurrences. D. To permit the Lessee to occupy Suite 100 (Units 1, 2, and 3) during the term of this Lease quietly and peaceably, provided the Lessee performs the covenants of this Lea se. E. To provide and update a directory of Lessees in the reception area and to pro vide identification signs within the building to enable visitors to locate Lessee. F. To provide suitable means of disposing of a reasonable amount of non -hazardous waste materials resulting from use of the leased premises by Lessee. SECTION 6 – SUBLETTING AND ASSIGNMENT 6. Subletting and Assignment: Lessee shall not assign or sublet this Lease without the prior written consent of the Lessor. Agreement No. ______ Page 5 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 7 – RIGHT OF ENTRY 7. Right of Entry: The Lessor reserves the right for itself, its agents, employees, and assigns to enter the property any reasonable time without notice to Lessee. SECTION 8. - TERMINATION 8. Termination: In the event Lessee defaults in its performance of any obligations under this Agreement, Lessor shall notify Lessee in writing of such default. Within fifteen (15) calendar days following receipt of such notice, Lessee shall cure any default. If the Lessee fails to cure any default in a manner satisfactory with the Lessor, Lessor shall have all remedies available under the law, including the following specific rights and remedies: 1. Right to declare this Agreement terminated; 2. Right to enter into subsequent agreement(s) with other lessee(s). Both parties agree that if Suite 100 (Units 1, 2, and 3) shall be substantially destroyed by windstorm, fire or other happening, then either party may elect to terminate this Lease by giving written notice of termination to the other party. The parties further understand that this Lease Agreement can be terminated by either party upon thirty (30) days’ notice, and Lessee agrees to vacate the premises and remove its property by the end of the 30 day notice period. SECTION 9. - INDEMNIFICATION AND HOLD HARMLESS 9. Indemnification and Hold Harmless: Lessee agrees to indemnify and hold harmless Lessor, its officers, employees, agents and assigns from and against any and all liability, claims, demands, actions or suits, of whatsoever character or kind, whether to person or property, and arising or resulting from, or in any way connected with Lessee’s performance of this Agreement, operations of Lessee, its agents, employees or subcontractors, whether or not it shall be alleged or determined such act was caused through negligence or omission of Lessee or Lessee’s employees, agents or assigns. Lessee shall, at Lessee's own expense, appear, defend and pay all attorney’s fees and all costs and other expenses arising from or incurred in connection with such activity, and, if any judgment shall be rendered against the Lessor in any such action, the Lessee shall, at Lessee's own expense, satisfy and discharge that Agreement No. ______ Page 6 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 judgment. Lessee expressly agrees that any insurance required hereunder shall not limit the responsibility of Lessee to indemnify, hold harmless and defend the Lessor. SECTION 10. - NOTICES 10. Notices: All notices required hereunder shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the Parties as follows: Lessor Lessee City of Brookings RTI,LLC Community Development Department 801 32nd Avenue, Suite 100 520 3rd Street, Suite 140 Brookings, SD 57006 Brookings, SD 57006 SECTION 11. - WAIVER 11. Waiver: A waiver or breach of any provision of this Agreement shall not constitute or operate as a waiver of any other provisions, nor shall any failure to enforce any provision hereunder operate as a waiver of any provisions hereunder. SECTION 12. - GOVERNING LAW 12. Governing Law: This Agreement is to be construed under the laws of South Dakota. SECTION 13. - AMENDMENT 13. Amendment: This Agreement may be amended upon written approval of both parties. Agreement No. ______ Page 7 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 14. – ENTIRE AGREEMENT 14. Entire Agreement: This Agreement constitutes the entire Agreement between Lessee and Lessor with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, and understandings of any nature whatsoever unless expressly included in this Agreement. IN WITNESS WHEREOF, the Lessee and Lessor hereby execute this Agreement as of the _____ day of February, 2023. LESSEE LESSOR RTI, LLC City of Brookings _________________________________ __________________________________ Authorized Signature Paul Briseno, City Manager _________________________________ ATTEST: Printed Name _________________________________ __________________________________ Authorized Signature Bonnie Foster, City Clerk _________________________________ 1 Exhibit "A” MAP DEPICTING Suite 100 2 Exhibit "B” TENANT RULES OF OCCUPATION 1. These are the Rules of Occupation referred to in Section 6 of the Tenant Covenants contained in the Lease between the City and Tenant. 2. Tenants will be required to: a. Ensure that all access doors into the building are properly closed after exit or entry. Fire exit doors are for emergency use only and must not be used for entry or exit or for loading or unloading freight. This re quirement is imposed to protect the se curity and integrity of the whole building and its occupants. b. Dispose of all waste materials in the receptacles provided by the City, and not to leave any garbage or waste materials in any part of the premises or on the parking lot. No oil, grease, pai nt, or other deleterious matter can be deposited in any drain inside or outside the building. c. Ensure that no gasoline or any other particularly inflammable explosive or combustible material is stored within Suite 100 (Units 1, 2, and 3) occupied by Tenant or on any part of the Brookings Area Research and Technology Center in violation of the City of Brookings Fire Code, with the exception only of fuel contained in the fuel tanks of Tenant’s vehicles. d. Take care to connect all plant and machinery to e lectrical services in an approved manner and not to overload any electrical circuits. e. Avoid obstructing the corridors or passageways within the Brookings Area Research and Technology Center and to use only approved means of transporting freight, goods or supplies through such corridors or passageways. f. Permit the City scheduled access at all reasonable times to enter and inspect Suite 100 (Units 1, 2, and 3) leased to the Tenant, and to allow contractors employed by the City to enter and carry out re pairs or alterations to any part of Suite 100 (Units 1, 2, and 3) or its fixtures, subject to reasonable notice and an opportunity to be present during said repairs or alterations. g. Do nothing which would cause the insurance procured by the City to become void or invalidated. h. To ensure that all employees of the Tenant that access Suite 100 (Units 1, 2, and 3) are aware of these Rules and to make it a condition of employment that employees obey these Rules or any variation of them which are made f rom time to time. 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 23-016,Version:1 Action on Resolution 23-016, a Resolution Transferring City Manager Contingency Funds to City Departments. Summary: The United way has submitted recommendations for the full budgetary authority of $252,480 allotted to social service agency funding in 2023. A contingency transfer is required to account for the $5,000 United Way administrative fee for facilitating the funding process. Recommendation: Staff recommends approval. Attachments: Memo Resolution City of Brookings Printed on 2/9/2023Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Erick Rangel, Chief Financial Officer Council Meeting: February 14, 2023 Subject: Resolution 23-016: Transferring City Manager Contingency Funds to City Departments Presenter: Ashley Rentsch, Senior Finance Manager Summary: The United way has submitted recommendations for the full budgetary authority of $252,480 allotted to social service agency funding in 2023. A contingency transfer is required to account for the $5,000 United Way administrative fee for fa cilitating the funding process. Background: The Brookings Area United Way performs the funding request and recommendation process to determine the City’s annual allocation of Social Service Agency funding contributions. This year’s recommendation utilizes the full current budget of $252,480. This budget must be supplemented by the Contingency Fund to account for the United Way’s administrative fee to provide this service. Item Details: Account Number Description Current Budget Increase Decrease Amended Budget 101-405-5-856-99 Contingency Fund $275,112 ($5,000) $270,112 101-452-5-425-04 Social Service Agency Funding $252,480 $5,000 $257,480 Legal Consideration: None. Strategic Plan Consideration: This action supports fiscal responsibility by ensuring departments have sufficient budgets to meet obligations. Financial Consideration: This resolution involves a transfer of previously budgeted contingency funds to general fund accounts and has no impact to the overall budget. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Memo Resolution Resolution 23-016 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: 495 Subsidies 101-495-5-856-72 Social Service Agency Funding $5,000 Total Transfers $5,000 The Financing Source for this transfer is from the following account: 101-405-5-856-99 Contingency Fund $5,000 Total Source of Funding $5,000 Whereas, this resolution is deemed necessary for the immediate preservation of the public peace, health, safety and support of the City, and shall become effective upon publication. Dated this 14th day of February, 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 23-0056,Version:1 Discussion and Possible Action on the 2023 Outside Agency Funding Recommendations. Summary: The 2023 outside agency funding recommendations are presented to City Council for final action. In 2022, the City Council recommended prioritization areas that help develop the impact rubric for strategic funding. Approximately $252,480 was budgeted for social service agencies. Recommendation: Staff recommends approval. Attachments: Memo 2023 Funding Recommendation City of Brookings Printed on 2/9/2023Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul M. Briseno, City Manager Council Meeting: February 14, 2023 Subject: 2023 Outside Agency Funding Recommendations Presenter(s): Paul M. Briseno, City Manager Heidi Gullickson, United Way Director Summary: The 2023 outside agency funding recommendations are presented to City Council for final action. In 2022, the City Council recommended prioritization areas that help develop the impact rubric for 2023 strategic funding. Approximately $252,480 was budgeted for social service agencies. Background: Annually, the City Council commits a portion of the budget for outside agency funding. Council approved $240,000 in 2022’s budget for outside agency funding and projects. This funding increased by 6%, which is more than other increases realized within the organization. Council finalized 2022 funding with an additional $20,000 for agencies which provide mental health needs. The 2023 Budget contains $2.5 million for outside agencies, with approximately $252,480 committed to non-profits through the United Way dual-application funding process. This is a recommended increase of approximately 5%. The United Way receives all city social service requests. Discussion: The 2023 City funding request for social service agencies is $379,500 from thirteen (13) local agencies. Attached are each agency’s request and recommend ed funding levels. The United Way committee reviewed applications in December. An impact rubric created through the City Council’s priorities assisted in providing a recommendation. Prioritizing food security increased the rubric weighting that allowed funding for many first-time requests, including the Brookings Backpack Project, Food Pantry, and Feeding Brookings. Legal Consideration: There are no legal considerations at this time. Strategic Plan Consideration: The analysis and recommendation provide financial transparency to the outside agency funding and therefore meet the Council’s goal of Fiscal Responsibility. Services provided by the not-for-profit agencies ensure the attainment of the Council’s goal of providing a safe, inclusive, connected community to all. Financial Consideration: Council budgeted $252,480 for social services efforts. Total outside agency funding for 2023 is budgeted at $2.5 million. 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 recommendation as presented. Supporting Documentation: 2023 Funding Recommendation Brookings Area United Way Application Funding Worksheet 1 City of Brookings Amount to allocate 2021 - 2022 Amount to allocate 2022 - 2023 $0 Applicant Agency Data Agency Name/Program Impact Area 2021 Funding 2022 Funding 2023 Agency Funding Request Recommend Funding 2023 BATA Transportation $115,000 $105,000 $115,000 $98,000 Brookings Area Crime Stoppers Safety $2,000 $1,000 $2,000 $600 Habitat for Humanity Affordable Housing $21,000 $19,000 $40,000 $9,800 Boys & Girls Club of Brookings Youth Development $75,000 $65,000 $75,000 $60,500 Great After School Place Youth Development $0 $4,000 $20,000 $3,900 Brookings County Youth Mentoring Youth Development $7,000 $6,000 $10,000 $5,900 Domestic Abuse Shelter Health $0 $15,000 $15,000 $13,700 E.C. CASA Health $3,000 $2,000 $4,500 $1,900 Brookings Backpack Project Health $0 $0 $15,000 $11,800 Food Pantry Health $0 $0 $20,000 $14,500 Feeding Brookings Health $0 $0 $20,000 $14,500 Lutheran Social Services Health $0 $0 $3,000 $2,700 Avera Behavioral Health Health $0 $15,000 $40,000 $14,680 Brookings Empowerment Project Health $2,500 $2,000 Brookings Behavioral Health & Wellness Health $20,000 $25,000 Helpline Center Health $1,000 $1,000 $246,500 $260,000 $379,500 $252,480 66.53% 260,000$ 252,480$ 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 23-0072,Version:1 Executive Session, pursuant to SDCL 1-25-2.1 for purpose of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; SDCL 1-25- 2.3 for consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; and SDCL 1-25-2.5 Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1)Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; 2)Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3)Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4)Preparing for contract negotiations or negotiating with employees or employee representatives; 5)Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or 6)Discussing information pertaining to the protection of public or private property and any person on or within public or private property specific to: a.Any vulnerability assessment or response plan intended to prevent or mitigate criminal acts; b.Emergency management or response; c.Public safety information that would create a substantial likelihood of endangering public safety or property, if disclosed; d.Cyber security plans, computer, communications network schema, passwords, or user identification names; e.Guard schedules; f.Lock combinations; g.Any blueprint, building plan, or infrastructure record regarding any building or facility that would expose or create vulnerability through disclosure of the location, configuration, or security of critical systems of the building or facility; and h.Any emergency or disaster response plans or protocols, safety or security audits or reviews, or lists of emergency or disaster response personnel or material; any location or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other military or law enforcement equipment or personnel. City of Brookings Printed on 2/14/2023Page 1 of 2 powered by Legistar™ File #:ID 23-0072,Version:1 However, any official action concerning the matters pursuant to this section shall be made at an open official meeting. An executive or closed meeting must be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1; SL 2022, ch 4, § 2. City of Brookings Printed on 2/14/2023Page 2 of 2 powered by Legistar™