HomeMy WebLinkAbout2023_02_28 CC PKT - revisedCity Council
City of Brookings
Meeting Agenda - Final-revised
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 28, 2023
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Action to approve the agenda.
4. Open Forum.
At this time, any member of the public may make a brief announcement or invitation, or
request time on the agenda for an item not listed. Items to be added to the agenda will
be scheduled at the end of the meeting. Individuals will state their name and city of
residence for the record. Public Comment is limited to a maximum of three minutes per
person. The comments and views expressed by the public are those of the speakers
and do not necessarily reflect the views or positions of the City of Brookings or City
Council.
5. Consent Agenda:
Action: Motion to Approve, Request Public Comment, Roll Call
Matters appearing on the Consent Agenda are expected to be non-controversial and will
be acted upon by the Council at one time, without discussion. At the request of any one
Council Member or the City Manager, an item may be removed from the Consent Agenda
and placed on the regular agenda whenever additional discussion on an item is
necessary. Items removed from the Consent Agenda will be discussed at the beginning
of the formal items.
Page 1 City of Brookings
February 28, 2023City Council Meeting Agenda - Final-revised
5.A.ID 23-0078 Action to approve City Council meeting minutes.
2/14/2023 MinutesAttachments:
5.B.ID 23-0077 Action on an appointment to the Sustainability Council.
5.C.RES 23-020 Action on Resolution 23-020, a Bridge Inspection Program Resolution for
use with South Dakota Department of Transportation (SDDOT) Retainer
Contracts.
Resolution
Map
Attachments:
5.D.ID 23-0095 Action to move the City Council Meeting from April 18, 2023 to April 11,
2023.
6. Presentations/Reports:
6.A.ID 23-0084 Report: SDSU Student Association.
6.B.ID 23-0086 Report: Full Year 2022 Finance Report.
ReportAttachments:
7. Contracts/Change Orders:
7.A.RES 23-023 Action on Resolution 23-023, a Resolution Approving the Emergency
Purchase of an Altec Aerial Device.
Memo
Resolution
Emergency Purchase Memo
Purchase Agreement
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 23-007 Introduction and First Reading on Ordinance 23-007, an Ordinance
Authorizing Supplemental Appropriation No. 2 to the 2023 Budget - Parts 1
and 2. Second Reading and Action: March 14, 2023.
Memo
Ordinance
Attachments:
9. Public Hearings and Second Readings:
Page 2 City of Brookings
February 28, 2023City Council Meeting Agenda - Final-revised
9.A.ORD 23-006 Second Reading and Action on Ordinance 23-006, an Ordinance
Authorizing Budget Amendment No. 11 to the 2022 Budget.
Memo
Ordinance
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Legislative History
2/14/23 City Council read into the record
9.B.ORD 23-004 Second Reading and Action 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.
Memo
Ordinance - clean
Ordinance - marked
Yard Sign
Presentation
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Legislative History
2/14/23 City Council read into the record
9.C.ORD 23-005 Second Reading and Action 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.
Memo
Ordinance
Exhibit A
Ordinance 32-12
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Legislative History
2/14/23 City Council read into the record
Page 3 City of Brookings
February 28, 2023City Council Meeting Agenda - Final-revised
9.D.ORD 23-003 Public Hearing and Action 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.
Memo
Ordinance - clean
Ordinance - marked
Legal Notice - City Council
Legal Notice - Planning Commission
Planning Commission Minutes
Examples
Drone Images
Peer City Comparisons
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
2/14/23 City Council read into the record
10. Other Business:
10.A.ID 23-0082 Action on a Revised Preliminary Plat of Block 3B, Block 4, Block 5, Block
6, Block 8, Lot157C and Wetland D in Tract 2, All in Prairie Hills Addition.
Memo
Legal Notice - City Council
Legal Notice - Planning Commission
Planning Commission Minutes
Revised Preliminary Plat
Prairie Hills Development Concept Plan
September 2, 2021 BOA Packet
September 2, 2021 BOA Minutes
November 4, 2021 BOA Packet
November 4, 2021 BOA Minutes
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Page 4 City of Brookings
February 28, 2023City Council Meeting Agenda - Final-revised
10.B.ID 23-0083 Action on a Preliminary Plat for Lot 53D in Sioux Village Indian Hills
Addition.
Memo
Legal Notice - City Council
Legal Notice - Planning Commission
Planning Commission Minutes
Location Map
Preliminary Plat
Preliminary Grading Plan
Preliminary Drainage Plan
Preliminary Utility Plan
Zoning Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
10.C.RES 23-003 Action on Resolution 23-003, a Resolution Authorizing the Transfer of Real
Property to the Brookings Economic Development Corporation for
Economic Development Purposes.
Memo
Resolution
Location Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
10.D.RES 23-009 Action on Resolution 23-009, a Resolution Authorizing the Transfer of Real
Property to the Brookings Economic Development Corporation for
Economic Development Purposes.
Memo
Resolution
Location Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
11.ID 23-0085 City of Brookings Progress Report.
February Progress ReportAttachments:
12. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any topic at a future meeting. Items
cannot be added for action at this meeting. A motion and second is required which
states the topic, requested outcome, and time frame. A majority vote is required.
13. Adjourn.
Page 5 City of Brookings
February 28, 2023City Council Meeting Agenda - Final-revised
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 6 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 23-0078,Version:1
Action to approve City Council meeting minutes.
Attachments:
02/14/2023 City Council Minutes
City of Brookings Printed on 2/23/2023Page 1 of 1
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Brookings City Council
February 14, 2023 (unapproved)
The Brookings City Council held a meeting on Tuesday, February 14, 2023 at 6:00 PM,
at the Brookings City & County Government Center, Chambers, with the following City
Council members present: Mayor Oepke Niemeyer, Council Members Nick Wendell,
Joey Collins, Holly Tilton Byrne, Wayne Avery, Brianna Doran, and Bonny Specker.
City Manager Paul Briseno, City Attorney Steve Britzman, and City Clerk Bonnie Foster
were also present.
Agenda. A motion was made by Council Member Specker, seconded by Council
Member Collins, that the agenda be approved. The motion carried by the following
vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
Open Forum. Jeanette Gibbons, Brookings, SD, expressed concerns regarding the
COVID vaccines for children.
Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and
Specker.
A. Action to approve the 01/24/2023 City Council Minutes.
B. Action on volunteer board, committee, and commission appointments:
Brookings Disability Awareness Committee: appoint Lynda Venhuizen (term expires
1/1/2026); Planning Commission (restructure terms to 3 year rotation): appoint Nick
Schmeichel, James Drew, and Greg Fargen (terms expire 12/31/2023); appoint Tanner
Aiken, Jacob Mills, and Kyle Jamison (terms expire 12/31/2024); appoint Scot Leddy,
Roger Solum (terms expire 12/31/2025); Joint City & County Board of Adjustment:
appoint the Mayor or their designee, with Deputy Mayor as alternate; and Planning
Commission Chair, with Vice-Chair as alternate.
C. Action on Resolution 23-014, a Resolution declaring surplus property for the
City of Brookings.
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.
D. Action on Resolution 23-013, a Resolution Authorizing the Senior Finance
Manager of the City of Brookings to sign checks and warrants.
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.
E. 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.
F. 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.
G. Action to cancel the February 21, 2023 City Council Study Session.
Report: SDSU Student Association. Blake Pulse, SDSU Students Association
President, provided an update on SDSU happenings and Legislative updates which
effect SDSU.
Reports: City Council Ex-Officio Reports. Ex-Officio Reports were presented for the
following: Brookings Municipal Utility Board report by Council Members Avery and
Specker. Brookings Health Systems Board of Trustees report by Council Members
Collins and Doran.
Resolution 23-015. A motion was made by Council Member Specker, seconded by
Council Member Avery, that Resolution 23-015, a Resolution Awarding Bids on the
2023-04STI 22nd Avenue Phase 2 Reconstruction Project, be approved. The motion
carried by the following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery,
Doran, and Specker.
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.
Resolution 23-011. A motion was made by Council Member Wendell, seconded by
Council Member Doran, that Resolution 23-011, a Resolution Approving the Purchase
of Two (2) Hustler Mowers, be approved. The motion carried by the following vote:
Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
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.
FIRST READING: Ordinance 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. Public Hearing and
Action: February 28, 2023.
FIRST READING: Ordinance 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.
FIRST READING: Ordinance 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.
FIRST READING: Ordinance 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.
Ordinance 23-002. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Avery, that Ordinance 23-002, an Ordinance Authorizing Budget
Amendment No. 1 to the 2023 Budget, be approved. The motion carried by the
following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and
Specker.
Resolution 23-010. A public hearing was held on Resolution 23 -010, a Resolution of
Intent to Lease Real Property to Rural Technologies, Inc. A motion was made by
Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution
23-010 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer,
Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
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 property.
Resolution 23-016. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Avery, that Resolution 23-016, a Resolution Transferring City Manager
Contingency Funds to City Departments, be approved. The motion carried by the
following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and
Specker.
Resolution 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.
2023 Outside Agency Funding. A motion was made by Council Member Tilton Byrne,
seconded by Council Member Avery, that the 2023 Outside Agency Funding
Recommendations be approved. The motion carried by the following vote: Yes: 7 -
Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
Agency Name / Program Impact Area 2021
Funding
2022
Funding
2023
Request
2/14/2023
Approved
Brookings Area Transportation
Authority (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
East Central Court Appointed
Special Advocate (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 $0 $0
Brookings Behavioral Health &
Wellness Health $20,000 $25,000 $0 $0
Helpline Center Health $1,000 $1,000 $0 $0
Executive Session. A motion was made by Council Member Tilton Byrne, seconded
by Council Member Doran, to enter into Executive Session at 6:49 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 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. Present: City Council, City Manager,
and City Attorney. The motion carried by a unanimous vote. A motion was made by
Council Member Tilton Byrne, seconded by Council Member Wendell, to exit Executive
Session at 7:35 p.m. The motion carried by a unanimous vote.
Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Doran, that this meeting be adjourned at 7:36 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 23-0077,Version:1
Action on an appointment to the Sustainability Council.
Summary:
Mayor Niemeyer has submitted the following appointment for City Council advice and consent:
Sustainability Council
Number of positions:1
Term Length:3 years (term expires 1/1/2026)
Residency Requirement:Required for Majority
Purpose: The purpose of the Sustainability Council is to investigate, propose, educate, communicate,
and advocate investment strategies and policies that will improve our future qualities of life while still
meeting the needs of the present.
Mayor’s Recommendation:
1.Reappoint Louis Hesler
Recommendation:
Staff recommends approval.
City of Brookings Printed on 2/23/2023Page 1 of 1
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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 23-020,Version:1
Action on Resolution 23-020, a Bridge Inspection Program Resolution for use with South Dakota
Department of Transportation (SDDOT) Retainer Contracts.
Summary:
The proposed Resolution will authorize SDDOT to retain the services of Civil Design Inc. for the 2023
City of Brookings Bridge Inspection Program.
Background:
SDDOT manages the Bridge Inspection Program as part of the National Bridge Inspection Standards
(NBIS) Program. All bridges and box culverts in the program are required to be inspected at intervals
not to exceed two years, with the exception of reinforced concrete box culverts that meet specific
criteria. The City of Brookings has three bridges and one box scheduled for inspection in 2023 (see
attached map).
The City adheres the NBIS standards so Federal Bridge Replacement Funds can be utilized to hire
consultants for the inspections. The proposed Resolution will authorize SDDOT to secure federal
approvals and make the payments to the consultant for inspection services. The total cost to inspect
the three bridges and one box culvert is estimated at $6,000. SDDOT will fund 80% ($4,800) from
the Federal Bridge Replacement Funds and the City will fund 20% ($1,200) from the City’s Storm
Drainage Fund.
The City is recommending Civil Design Inc.(CDI) as the consultant for this project. CDI has
conducted the City’s bridge inspections since 2017 and their staff is familiar with the structures.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
Map
City of Brookings Printed on 2/23/2023Page 1 of 1
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Resolution 23-020
Bridge Inspection Program Resolution for use with
South Dakota Department of Transportation (SDDOT) Retainer Contracts
Whereas, 23 CFR 650, Subpart C, requires initial inspection of all bridges and re-
inspection at intervals, not to exceed two years, with the exception of reinforced
concrete box culverts that meet specific criteria. These culverts are inspected at
intervals not to exceed four years.
Now, Therefore, Be It Resolved, that the City of Brookings is desirous of participating in
the Bridge Inspection Program using Bridge Replacement Funds, and requests SDDOT
to hire Civil Design Inc. for the inspection work, secure Federal approvals, process the
payments to the Civil Design Inc., and invoice the City for 20% of the cost.
Dated at Brookings, SD, this 28th 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 23-0095,Version:1
Action to move the City Council Meeting from April 18, 2023 to April 11, 2023.
Summary:
This action will move the City Council Meeting from April 18, 2023 to April 11, 2023. This provides
public notice of the change to the City Council meeting calendar.
Recommendation:
Staff recommends approval.
City of Brookings Printed on 2/28/2023Page 1 of 1
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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 23-0084,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 2/23/2023Page 1 of 1
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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 23-0086,Version:1
Report: Full Year 2022 Finance Report.
Summary:
The Finance Department provides quarterly updates regarding the City’s financial performance,
future outlook, and prioritized projects. This report will discuss preliminary results for 2022, including
tax revenues and budget vs. actual performance.
Attachments:
Report
City of Brookings Printed on 2/23/2023Page 1 of 1
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Finance Report
Full Year 2022
2022 Tax Revenue
2022 Economic Factors & 2023 Outlook
2022 Budget to Actual
City Council Priority Projects Summary
Finance Report Overview
2022 Full Year Tax Revenue
$20.25M
$22.88M
$19.43M
2021 Actual 2022 Actual 2022 Budget
Tax Revenue vs. PY Actuals and
CY Budget
+18%+13%
Economic Factors:
2022 Average Midwest Consumer Price Index (CPI): 6.8%
2021 Federal Funding/Stimulus
2021 Actual 2022 Actual 2022 Budget Difference
% of Budget
F/(U)
Sales Tax:
1st Penny 7,697,851$ 8,915,099$ 7,305,390$ 1,609,709$ 22.03%
2nd Penny 7,699,876 8,915,099 7,305,390 1,609,709 22.03%
3rd Penny 1,065,450 1,129,330 922,162 207,168$ 22.47%
BID(Pillow Tax)235,942 252,258 242,000 10,258 4.24%
Total 16,699,119 19,211,787 15,774,942 3,436,845 21.79%
Property Tax 3,549,398 3,666,879 3,659,001 7,878 0.22%
Grand Total 20,248,517 22,878,666 19,433,943 3,444,723 17.73%
2022 Tax Revenue By Category
- 2 4 6 8 10 12
Other
Agriculture, Forestry and
Fishing
Finance, Insurance & Real
Estate
Construction
Transportation/Utilities
Manufacturing
Wholesale Trade
Services
Retail Trade
Millions
2022 2021
Sales tax revenues were favorable over last year in all categories.
Sales Tax Revenue vs. Gross Domestic Product (GDP)
Period GDP Price Index Sales Tax Growth
Q4 2020 +3.90%+2.50%-1.8%
Q4 2021 +7.00%+6.80%+11%
Q4 2022 +2.90%+3.50%+22%
Source: https://www.bea.gov
City’s tax revenue growth has historically
outperformed GDP and CPI growth with
the exception of 2020.
As of 4Q2022, prices are showing signs of
leveling off after a year of high inflation.
Q1: 8.3%
Q2: 9.0%
Q3: 4.4%
In 2022, Increases in consumer spending,
exports, and private industry investment,
and nonresidential fixed investments were
partly offset by decreases in residential
fixed investment and government spending.
2023 Economic Outlook
Mild but short recession likely in 2023
Decreased consumer and business spending
Exhausting Savings built up during COVID-19
Pandemic
Rising interest rates
Challenges
Businesses will find it difficult to pass along higher
prices to customers
No assistance expected from Federal Government
Other Considerations
Workforce shortages still exist
Consumer spending is currently still strong
Flexible work has changed economy
Energy prices have fallen recently but are expected
to increase again
Good News: 2022 ended strong, and economy is
expected to recover from recession relatively quickly
Source: What to Expect for the Economy in 2023 | U.S. Chamber of
Commerce (uschamber.com)
2022 Full Year Budget vs. Actuals –General Fund
Total General Fund expense was
at 89% of total budget, which
represents a $2.1M surplus vs.
budget.
A large part of this surplus is
attributed to efforts by City
Departments to stay within their
budgets during a period of high
inflation.
The overall increase in revenues
was primarily driven by receiving
the second half of ARPA funding
and derecho-related insurance
claims
Department Description Budget YTD Exp YTD Budget Rev/Exp Bal % Expend/Collect Revenue vs. Budget
401 Mayor & Council 115,931.85 105,278.43 10,653.42 90.81%3.00
403 City Clerk 285,504.42 281,298.79 4,205.63 98.53%7,216.34
405 Non-Departmental 1,845,579.62 810,128.18 1,035,451.44 43.90%4,586,142.09
406 City Manager 610,279.60 590,548.42 19,731.18 96.77%1,223.20
412 City Attorney 136,000.00 105,844.25 30,155.75 77.83%-
414 Human Resources 601,222.34 465,253.80 135,968.54 77.38%5,953.50
415 Finance 646,145.86 575,171.74 70,974.12 89.02%20,044.88
416 Information Technology 367,225.19 333,356.34 33,868.85 90.78%284.90
417 Government Buildings 200,449.42 177,098.13 23,351.29 88.35%7,553.78
418 Community Development 933,877.20 853,813.03 80,064.17 91.43%98,259.21
420 City/County Administrative Bld 405,400.00 347,180.18 58,219.82 85.64%(17,626.17)
421 Police Services 4,234,569.94 4,214,665.86 19,904.08 99.53%58,821.09
422 Fire Protection Services 852,433.46 812,275.69 40,157.77 95.29%49,012.18
424 Hydrant Rental 102,000.00 95,191.25 6,808.75 93.32%-
430 Public Works 372,449.39 354,666.80 17,782.59 95.23%8,416.85
431 Street 2,536,144.68 2,352,171.85 183,972.83 92.75%27,358.76
442 Animal Control 159,180.68 89,170.98 70,009.70 56.02%1,207.00
449 Hillcrest Aquatic Center 452,619.00 345,723.22 106,895.78 76.38%17,140.98
451 Recreation 506,849.91 423,512.40 83,337.51 83.56%(50,322.95)
452 Parks 1,628,936.83 1,582,708.31 46,228.52 97.16%24,863.79
453 Larson Ice Center 482,678.03 427,566.25 55,111.78 88.58%1,547.15
454 Forestry 402,785.94 390,013.78 12,772.16 96.83%(3,788.21)
455 Library 1,262,682.53 1,222,197.88 40,484.65 96.79%7,058.82
495 Subsidies 848,630.00 843,907.84 4,722.16 99.44%61,862.00
General Fund Total 19,989,575.89 17,798,743.40 2,190,832.49 89.04%4,912,232.19
$1.2M of remaining General Fund Expenditure Budget carried forward to 2023.
2022 Full Year Budget to Actuals –Other Funds
Department Description Budget YTD Exp YTD Budget Rev/Exp Bal % Expend/Collect
213 Capital Improvement Fund 11,920,031.00 7,400,157.92 4,519,873.08 62.08%
All Other Funds*37,822,760.98 29,624,954.89 8,197,806.09 78.33%
Grand Total All Funds 69,732,367.87 54,823,856.21 14,908,511.66 78.62%
* All Other –Other Government, Special Revenue, Capital Projects, and Enterprise Funds managed by the City.
Overall CIP Fund Expenditures were at 62% of budget or a $4.5M surplus, primarily driven by
$4.23M in projects and equipment that are being carried forward to 2023 due to suppl
Combined other funds ended the year at 78.33% of budget. Approximately $6M of this
surplus is related to multi-year capital projects with remaining budgets being carried forward
to 2023.
The City as a whole spent 78.62% of the total expenditure budget.
City Council Priority Projects
Note: Available balance will be updated when 2022 financial statements are finalized.
General Fund Reserves Secondary Projects (IN priority order)
Total City Council Priority Funding Available Balance 14,085,000$
City Council Approved Projects*Cost
2022 Facility Improvements (Budget appropriation)1,100,000$
HVAC Swiftel Center Ord 22-013 1,500,000$
FD Training Tower Ord 22-017 590,000$
Total CC Approved Projects 3,190,000$
*Formally Adopted
Priority Funding Available Balance After Approved 10,895,000$
Primary Projects (IN priority order)Cost
Public Safety Center - $9,522,800 Committed 21,000,000$
Indoor Rec Facility 850,000$
Total Unapproved Primary Projects 21,850,000$
Priority Funding after Unapproved Primary Projects (10,955,000)$
Secondary Projects (IN priority order)Cost
Golf - Upgrade Irrigation System 1,200,000$
Library - Overall Upgrade 1,500,000$
Pay Down Debt -$
Total Unapproved Secondary Projects 2,700,000$
Priority Funding after Unapproved Secondary Projects (13,655,000)$
City Council Priority Projects –Desired Projects
Project Department Cost Year Comments
Public Safety Center Police 21,000,000$ 2023-2026 $8.5M allocated in CCPPF Primary
Indoor Rec Facility Parks 850,000 2023 CCPPF Primary
Golf Irrigation System Upgrades Golf 1,200,000 2023 CCPPF Secondary
Library Facility Upgrade Library 1,500,000 2023-2024 CCPPF Secondary
Training Simulator Police 300,000 2023
Marked Vehicle Polcie 62,000 2023
Splash Park Parks 250,000 2030
Outdoor Offices Parks 30,000 2030
Larson Park Shelter Parks 200,000 2030
Larson Park Fountain Parks 100,000 2028
Dakota Nature Park Bridge Parks 30,000 2022
Larson Ice Center Floor Replacement Parks 96,000 2022
Climate Action Plan - Sustainability Sustainability 130,000 2023
Parks Shop Addition Parks 600,000 2029
Trails Parks 3,460,000 2023-2027
3rd Street Sweeper Streets 215,000 2028
East Lot Swiftel Center 320,000 2023
Motor Grader Streets 330,000 2022
Total 30,673,000$
Questions or Comments?
Please contact the City of Brookings Finance Department:
Ashley Rentsch
Senior Finance Manager/Interim Finance Director
(605)697-8652
arentsch@cityofbrookings-sd.gov
Finance Department Web Page:
https://www.cityofbrookings-sd.gov/200/Finance-Department
CFO’s Tax Report:
https://performance.envisio.com/dashboard/cityofbrookings/Goal-8765
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 23-023,Version:1
Action on Resolution 23-023, a Resolution Approving the Emergency Purchase of an Altec Aerial
Device.
Summary:
This Resolution would authorize the emergency purchase of an Altec Aerial Device for the purchase
price of $204,756 plus any tax, title, license, or registration fees.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Emergency Purchase Memo
Purchase Agreement
City of Brookings Printed on 2/23/2023Page 1 of 1
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City Council Agenda Memo
From: Jacob Meshke, Deputy City Manager
Council Meeting: February 28, 2023
Subject: Resolution 23-023: Emergency Purchase – Altec Aerial
Device
Presenter: Jacob Meshke, Deputy City Manager
Summary:
This Resolution would authorize the emergency purchase of an Altec Aerial Device for
the purchase price of $204,756 plus any tax, title, license, or registration fees.
Background:
The City utilizes boom trucks/aerial devices in the forestry operation for clearing,
trimming, and maintaining City trees. A boom truck is an essential piece of equipment,
especially during severe weather events as evidenced by the derecho in May 2022.
The City’s 2009 boom truck is approaching 15 years old and experiencing maintenance
and safety challenges. The City was without this boom truck for most of 2022 as it
failed a bi-annual safety inspection and was taken out of state for repair. Staff
attempted to obtain similar equipment through alterative means and performed more of
the operation through climbing. Each of these alternatives are less safe and effective
than utilizing the appropriate equipment.
Item Details:
The City had an opportunity to enter a purchase agreement with vendor Altec to receive
a new boom truck with an anticipated delivery date of May 2023. If this opportunity was
not taken, staff was informed it would be an additional two (2) to three (3) year wait to
obtain the boom truck due to supply chain issues.
Altec was chosen as the supplier of the boom truck due to the City’s previous
experience with the vendor. Altec has been in business since 1929 and is committed to
excellence in providing tree care products. Altec provides an industry leading product
through innovative design and safety features.
Legal Consideration:
City Attorney Steve Britzman has reviewed the resolution and emergency purchase
memo.
Strategic Plan Consideration:
Fiscal Responsibility – limits the City’s future liability for costly service repairs.
Service and Innovation Excellence – the new boom truck will enhance clearing,
trimming, and maintaining City tree operations.
Safe, Inclusive, and Connected Community – A boom truck is an essential piece of
equipment in providing response to emergency events.
Financial Consideration:
The purchase price of $204,756 plus any tax, title, license, or registration fees would be
paid through the capital improvement fund.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a Study Session
5. Discuss / take no action / table
Staff recommends approval of the resolution as presented.
Supporting Documentation:
Memo
Resolution
Emergency Purchase Memo
Purchase Agreement
Resolution 23-023
Resolution Approving the Emergency Purchase of Altec Aerial Device
Whereas, the Parks, Recreation, and Forestry Department utilizes aerial devices in the
forestry operation for clearing, trimming, and maintaining trees; and
Whereas, the City’s 2009 aerial device failed a bi-annual safety inspection resulting in
nearly a year without the essential equipment in 2022; and
Whereas, the City attempted to obtain similar equipment through alternative means as
well as perform more climbing operations resulting in less safe and effective outcomes;
and
Whereas, the City had an opportunity to obtain a new aeria l device through vendor Altec
with estimated delivery in May 2023; and
Whereas, the City would have had to wait an additional two (2) to three (3) years to
obtain a new aerial device if this opportunity was not utilized; and
Whereas, Altec has been in business since 1929 and is committed to excellence in
providing tree care products; and
Whereas, Altec provides an industry leading product through innovative design and
safety features.
Now, Therefore, Be It Resolved that an emergency purchase of aerial equipment in the
amount of $204,756 plus any tax, title, license, or registration fees is hereby approved.
Passed and approved this 28th day of February, 2023.
CITY OF BROOKINGS, SD
________________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
TO: City Manager Paul Briseno, Mayor Oepke “Ope” Niemeyer, and Brookings City Council
FROM: Jacob Meshke, Deputy City Manager/Interim Parks, Recreation, and Forestry Director
DATE: 02/28/2023
RE: Emergency Purchase – Boom Truck/Aerial Device
This memo serves as a written determination of the basis for an emergency purchase of a boom
truck and for the selection of the particular vendor. The City utilizes boom trucks in the forestry
operation for clearing, trimming, and maintaining City trees. A boom truck is an essential piece
of equipment, especially during severe weather events as evidenced by the derecho in May
2022.
The City’s 2009 boom truck is approaching 15 years old and experiencing maintenance and
safety challenges. The City was without this boom truck for most of 2022 as it failed a bi-annual
safety inspection and was taken out of state for repair. Staff attempted to obtain similar
equipment through alterative means and performed more of the operation through climbi ng.
Each of these alternatives are less safe and effective than utilizing the appropriate equipment.
The City had an opportunity to enter a purchase agreement with vendor Altec to receive a new
boom truck with an anticipated delivery date of May 2023. If this opportunity was not taken,
staff was informed that it would be an additional two (2) to thr ee (3) year wait to obtain the
boom truck due to supply chain issues.
Altec was chosen as the supplier of the boom truck due to the City’s previous experience with
the vendor. Altec has been in business since 1929 and is committed to excellence in providing
tree care products. Altec provides an industry leading product through innovative design and
safety features.
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 23-007,Version:1
Introduction and First Reading on Ordinance 23-007, an Ordinance Authorizing Supplemental
Appropriation No. 2 to the 2023 Budget - Parts 1 and 2. Second Reading and Action: March 14,
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 two-part budget amendment requests to
carry forward unused funds from the previous year and fund priority items not included in the original
2023 appropriation ordinance.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Ordinance
City of Brookings Printed on 2/23/2023Page 1 of 1
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City Council Agenda Memo
From: Ashley Rentsch, Interim Finance Director
Council Meeting: February 28, 2023 / March 14, 2023
Subject: Ordinance 23-007: Supplemental Appropriation No. 2 to the
2023 Budget – Parts 1 and 2
Presenter: Ashley Rentsch, Interim Finance Director
Summary:
City of Brookings staff continually monitors departmental budgets and brings
amendments to the City Council as necessary to account for circumstances not
anticipated in the originally adopted appropriation ordinance. This ensures compliance
with state and local laws and maintains transparency regarding the City’s operational
needs. This two-part budget amendment requests to carry forward unused funds from
the previous year and fund priority items not included in the o riginal 2023 appropriation
ordinance.
Background:
Part 1 will carry forward unspent funds from the 2022 budget. These items were
budgeted in 2022 but are expected to be completed in 2023.
Part 2 will increase funding in 2023 for priority items which were not initially
funded when the 2023 budget was passed and new priority items that have been
identified since passing the original budget. All of the proposed items would be
funded by the budget surplus experienced in 2022.
Item Details:
Part 1- Carry Forwards by fund: $14,575,961.01
General Fund:
Category Amount Category Amount
Operations – Contracted Services $ 24,999.99 Operations – Personnel expense $ 3,500.00
Operations – Emergency Event Expense $621,307.36 Operations – City Promotion $ 7,089.00
Operations – Employee initiatives $143,000.00 Operations – Risk mitigation $ 296,245.08
Operations - Infrastructure $ 13,000.00 Operations - Subsidies $ 1,122.00
Operations – Maintenance & Repairs $ 37,500.00 Operations – Supplies and materials $ 12,000.00
Operations – Operation enhancements $ 59,100.16 Operations – Vehicles & Equipment $ 23,525.46
General Fund Total $ 1,242,389.05
Capital Improvement Fund
Capital Improvements Fund Total $ 4,231,920.73
Special Revenue Funds
Category Amount
Swiftel – Project Work $ 1,251,093.37
Special Assessments – Project work $ 10,000.00
Storm Drainage – Contracting Services $ 130,550.00
Storm Drainage – Project work $ 277,216.00
Special Revenue Funds Total $ 1,668,859.37
Capital Project Funds
Category Amount
TIF – Project work $ 1,602,889.90
Capital Projects – Project work $ 4,478,959.50
Capital Project Funds Total $ 6,081,849.40
Enterprise Funds
Category Amount
Airport – Construction Projects $ 725,600.00
Airport – Vehicles & Equipment $ 32,000.00
Golf Course – Maintenance & Repairs $ 24,000.00
Golf Course – Vehicles & Equipment $ 18,000.00
Landfill – Vehicles & Equipment $ 301,357.00
Landfill – Construction Projects $ 98,000.00
Landfill – Contracting Services $ 113,805.46
Landfill – Maintenance & Repairs $ 25,000.00
Landfill – Operation enhancements $ 13,180.00
Enterprise Funds Total $ 1,350,942.46
Part 2 – New initiatives funded by the 2022 Surplus: $1,063,385.06
General Fund
Category Amount
Operations – Employee initiatives $ 82,266.06
Operations – Infrastructure $ 52,800.00
Operations – Legal Services $ 20,000.00
Operations – Maintenance & Repairs $ 18,374.00
Operations – Operation enhancements $ 25,246.00
Operations – Personnel expense $ 319,125.69
Operations – Risk mitigation $ 22,140.12
Operations – Supplies and materials $ 9,000.00
Operations – Vehicles & Equipment $ 59,180.03
General Fund Total $ 608,131.90
Category Amount
CIP – Maintenance & repairs $ 343,610.00
CIP – Project Work $ 1,121,960.00
CIP – Sinking fund $ 679,348.83
CIP – Vehicles & Equipment $ 2,087,001.90
Capital Improvement Fund
Category Amount
CIP – Maintenance & repairs $ 168,00.00
CIP – Operations – Vehicles & Equipment $ 38,000.00
Capital Improvement Fund Total $ 206,000.00
Special Revenue Funds
Category Amount
E-911 – Personnel Expense $ 13,009.33
Storm Drainage – Personnel Expense $ 3,119.70
3B – Personnel Expense $ 82,927.89
Special Revenue Fund Total $ 99,056.92
Enterprise Funds
Category Amount
Liquor Store – Personnel Expense $ 2,884.45
Airport – Personnel Expense $ 3,179.31
Golf Course – Personnel Expense $ 1,285.98
Solid Waste Collections – Personnel
Expense
$ 7,503.72
Landfill – Contracting Services $ 56,500.00
Landfill – Vehicles & Equipment $ 66,260.00
Landfill – Personnel Expense $ 12,582.78
Enterprise Funds Total $ 150,196.24
Legal Consideration:
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 comes due.
Strategic Plan Consideration:
This Ordinance supports Fiscal Responsibility by ensuring the City obtains budget
authority and transfers cash as necessary to meet appropriations.
Financial Consideration:
The current estimated General Fund budget surplus for 2022 is $1,565,804. After the
City’s financial audit is concluded, the final surplus will be added to the City Council
Priority Project Fund.
The current estimated Capital Improvement Projects (CIP) Fund budget surplus is
$3,858,735. After the City’s financial audit is concluded, the final surplus will be added
to the CIP Fund reserves.
Budget amendments in all other funds will be funded with their respective 2022
estimated surpluses.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a Study Session
5. Discuss / take no action / table
Staff recommends approval of the ordinance as presented.
Supporting Documentation:
Memo
Ordinance
Ordinance 23-007
An Ordinance Authorizing Supplemental Appropriation
No. 2 to the 2023 Budget
Be it ordained by the City of Brookings, South Dakota: Whereas State Law (SDCL 9-21-
7) and the City Charter (4.06 (a)) permit supplemental appropriations provided there are
sufficient funds and revenues available to pay the appropriation when it becomes due.
Now, therefore, Be It Resolved by the City Council that the City
Manager be authorized to make the following budget adjustments to
the 2023 budget:
Part 1 – will carry forward unspent funds from the 2022 budget. These items were
budgeted in 2022 but are expected to be completed in 2023.
General Fund
Dept./Fund Budgetary
Account Account Description Increase/(Decrease)
Amount Item Description
Non Departamental 101-405-5-121-11 Retirement Payout Expense 86,844.00$ Retirement Payout Contingency
Non Departamental 101-405-5-429-00 Miscellaneous Expense - COV19 209,401.08$ Remaining City allocation of ARPA funds
Non Departamental 101-405-5-429-03 Emergency Event Expense 621,307.36$ Estimated remaining repairs due to May 2022 Derecho
City Manager 101-406-5-423-01 Advertising & Marketing 7,089.00$ Brookings Photo Library and Street Banners
Human Resources 101-414-5-422-03 Consulting & Engineering 15,000.00$ Salary Survey Consultant
Human Resources 101-414-5-422-07 Software Services 13,000.00$ Remaining ADP Implementation Costs
Human Resources 101-414-5-429-16 Employee Development 120,000.00$ Employee Development and Continuing Education
Human Resources 101-414-5-856-45 Employee Recognition 8,000.00$ Employee Advisory Group Initiaitives
Finance 101-415-5-101-01 Temporary Pay 3,500.00$ Additional support due to CFO transition
Finance 101-415-5-422-07 Contracting Services 10,000.00$ Internal Audit - Cash management effort
IT 101-416-5-422-07 Software Services 25,570.77$ Street Docks
IT 101-416-5-422-07 Software Services 5,818.83$ 2022 savings to apply to 2023 initiatives
IT 101-416-5-422-07 Software Services 3,596.56$ 2022 savings from contract renegotiations to apply to
2023 initiatives
Police Department 101-421-5-426-17 Uniforms 6,763.00$ vest carrier replacement
Police Department 101-421-5-426-30 SWAT Tactical Supplies 6,247.00$ shield replacement
Public Works 101-430-5-920-00 Furniture & Equipment 2,000.00$ office chairs/ergonomics
Public Works 101-430-5-940-07 IT Other Capital 9,707.62$ Large-scale scanner
Street Department 101-431-5-422-07 Contracting Services 24,999.99$ Increased snow/ice events
Street Department 101-431-5-425-05 Maintenance Buildings 4,997.62$ Bulk oil
Street Department 101-431-5-425-06 Maintenance Radio 4,291.00$ Add/Replace Radios
Street Department 101-431-5-426-23 Sand 2,529.22$ Increased snow/ice events
Parks Department 101-452-5-911-00 Building & Structures 15,000.00$ Reseal Nature Park
Ice Arena 101-453-5-911-00 Building & Structures 4,500.00$ Tube heat repair
Ice Arena 101-453-5-911-00 Building & Structures 7,000.00$ Dehumidification controls
Ice Arena 101-453-5-920-00 Furniture & Equipment 11,000.00$ Carpet/New Items
Library 101-455-5-950-02 Adult Reading Level Books 6,000.00$ Allocate 2022 savings to 2023 initiatives
Library 101-455-5-950-03 Children Reading Level Books 2,500.00$ Allocate 2022 savings to 2023 initiatives
Library 101-455-5-950-04 Audio/Visual Material 2,500.00$ Allocate 2022 savings to 2023 initiatives
Library 101-455-5-950-06 Large Print Books 500.00$ Allocate 2022 savings to 2023 initiatives
Library 101-455-5-950-07 Young Adult Reading Level Book 500.00$ Allocate 2022 savings to 2023 initiatives
Subsidies/Appropriation 101-495-5-856-20 Disability Awareness Committee 1,122.00$ Allegra work and library programs
Subsidies/Appropriation 101-495-5-856-21 Sustainability Committee 1,104.00$ No Mow May signage
General Fund Total 1,242,389.05$
Capital Improvement Fund
Dept./Fund Budgetary
Account Account Description Increase/(Decrease)
Amount Item Description
Capital Improvements 213-000-5-911-00 Buildings 679,348.83$ Buildings Sinking Fund
Capital Improvements 213-000-5-911-01 Railroad Crossing Arms 33,500.00$ Remaining construction costs
Capital Improvements 213-000-5-940-00 Other Capital 45,000.00$ Pressure washer
Capital Improvements 213-000-5-940-04 Parks & Rec Improvements 50,000.00$ 22 LWCF Grant Match - Pickleball
Capital Improvements 213-000-5-940-04 Parks & Rec Improvements 7,400.00$ Softball Complex sidewalk additions
Capital Improvements 213-000-5-940-04 Parks & Rec Improvements 28,000.00$ Fishbach Soccer Complex press box leveling
Capital Improvements 213-000-5-940-04 Parks & Rec Improvements 75,890.00$ McClemans Park playground replacement
Capital Improvements 213-000-5-940-04 Parks & Rec Improvements 25,000.00$ Park Shop roof repair
Capital Improvements 213-000-5-940-04 Parks & Rec Improvements 60,000.00$ Larson Ice Center Parking Lot
Capital Improvements 213-000-5-940-04 Parks & Rec Improvements 27,320.00$ Donated playground at Lions Park
Capital Improvements 213-000-5-940-05 Bike lane/trail Improve -eng 30,000.00$ Trail development
Capital Improvements 213-000-5-940-05 Bike lane/trail Improve -eng 40,000.00$ Dakota Nature park Trail Repairs
Capital Improvements 213-000-5-940-08 Fire Dep Capital Exp 20,000.00$ Replace existing drop ceiling
Capital Improvements 213-000-5-940-08 Fire Dep Capital Exp 115,487.40$ Engine 2 Replacement
Capital Improvements 213-000-5-940-08 Fire Dep Capital Exp 65,000.00$ Ram 2500 Replacement
Capital Improvements 213-000-5-940-08 Fire Dep Capital Exp 338,514.50$ Remaining costs for training tower
Capital Improvements 213-000-5-940-09 Library Dep Capital Exp 103,435.00$ Air cooled chiller
Capital Improvements 213-000-5-940-09 Library Dep Capital Exp 48,125.00$ Replace ceiling tiles
Capital Improvements 213-000-5-940-09 Library Dep Capital Exp 185,000.00$ Exterior window Replacement
Capital Improvements 213-000-5-940-11 Vehicles and Equip Capital Exp 200,000.00$ Parks - replace 2009 Boom Truck
Capital Improvements 213-000-5-940-11 Vehicles and Equip Capital Exp 38,000.00$ Parks - replace pickup
Capital Improvements 213-000-5-940-11 Vehicles and Equip Capital Exp 230,000.00$ Payloader origninally budgeted in 2021
Capital Improvements 213-000-5-940-11 Vehicles and Equip Capital Exp 40,000.00$ Additional cost for payloader budgeted in 2023
Capital Improvements 213-000-5-940-11 Vehicles and Equip Capital Exp 175,000.00$ Sign truck originally budgeted in 2022
Capital Improvements 213-000-5-940-11 Vehicles and Equip Capital Exp 375,000.00$ Motor grader originally budgeted in 2022
Capital Improvements 213-000-5-940-11 Vehicles and Equip Capital Exp 45,000.00$ Pickup originally budgeted in 2022
Capital Improvements 213-000-5-940-11 Vehicles and Equip Capital Exp 45,000.00$ Pickup originally budgeted in 2021
Capital Improvements 213-000-5-940-11 Vehicles and Equip Capital Exp 45,000.00$ Additional cost for tandem truck budgeted in 2023
Capital Improvements 213-000-5-940-11 Vehicles and Equip Capital Exp 275,000.00$ Tandem truck originally budgeted in 2021
Capital Improvements 213-000-5-940-11 Vehicles and Equip Capital Exp 55,000.00$ Sand truck originally budgeted in 2022
Capital Improvements 213-000-5-960-00 Street & Sidewalk Improvements 31,200.00$ Remaining costs for pavement study
Capital Improvements 213-000-5-960-02 Street Curb & Gutter (320,000.00)$ Consolidate budget with Street & Sidewalk
Improvements
Capital Improvements 213-000-5-960-00 Street & Sidewalk Improvements 967,600.00$ Projects not completed in 2022
Capital Improvements 213-000-5-960-01 STP Project Improvments 53,100.00$ 22nd Avenue Phase 2 design
Capital Improvement Fund Total 4,231,920.73$
Special Revenue Funds
Dept./Fund Budgetary
Account Account Description Increase/(Decrease)
Amount Item Description
Swiftel Center 224-000-5-940-01 Capital 1,251,093.37$ Remaining HVAC upgrades
Special Assessments 280-000-5-960-00 Street & Sidewalk Improvements 10,000.00$ 3rd Street South Alley Assessment
Storm Drainage 282-000-4-334-00 Grants - Federal 75,000.00$ 6 Mile Creek Study - FEMA Grant
Storm Drainage 282-000-5-422-03 Consulting/Engineering 130,550.00$ Remaining Master Drainage Plan and Six Mile Creek
Study costs
Storm Drainage 282-000-5-980-00 Storm Sewer Improvements 202,216.00$ Floodplain Management, Wilson Avenue Project
Special Revenue Funds Total 1,668,859.37$
Capital Project Funds
Dept./Fund Budgetary
Account Account Description Increase/(Decrease)
Amount Item Description
TIF 1 Innovation Campus 514-000-5-429-09 Other Project Expenses 1,530,000.00$ Construction costs
TIF 1 Innovation Campus 514-000-5-450-08 Designing Fees 72,889.90$ Design costs
20th St Interchange Project 528-000-4-441-08 Reimbursed Expense 1,655,468.83$ BEDC and County portions of project
20th St Interchange Project 528-000-5-940-00 Other Capital 2,140,700.00$ Construction costs
Public Safety Center Project 531-000-5-422-03 Consulting & Engineering 395,628.37$ Budgeted funds unused in 2022, mult-year project
Brookings County Food Pantry 533-000-4-669-02 Miscellaneous 95,000.00$ Reimbursements from other entities
Brookings County Food Pantry 533-000-5-920-00 Furniture & Equipment 192,162.30$ Remaining funds to finish project in 2023
Capital Project Funds Total 6,081,849.40$
Enterprise Funds
Dept./Fund Budgetary
Account Account Description Increase/(Decrease)
Amount Item Description
Airport 606-000-4-334-09 Grants 350,600.00$ Grant funds for Parallel Taxiway
Airport 606-000-5-930-00 Machinery & Auto Equipment 32,000.00$ Pickup originally budgeted in 2022
Airport 606-000-5-940-00 Other Capital 375,000.00$ Unused 2022 funds allocated to Parallel Taxiway project
Edgebrook Golf Course 607-000-5-930-00 Machinery & Auto Equipment 18,000.00$ Replace JD Gator
Edgebrook Golf Course 607-000-5-940-00 Other Capital 24,000.00$ Parking Lot, exterior LED conversion
Solid Waste Collection/Recycle 612-000-5-426-17 Uniforms 3,750.00$ High visibility safety clothing
Solid Waste Collection/Recycle 612-000-5-930-00 Machinery & Auto Equipment 292,357.00$ Collection Truck
Solid Waste Disposal 625-000-5-422-03 Consulting & Engineering 113,805.46$ Master Plan, Fill Plan, Vault Engineering
Solid Waste Disposal 625-000-5-422-08 Computer Services 13,180.00$ Software upgrade
Solid Waste Disposal 625-000-5-425-04 Maintenance Equipment 25,000.00$ Undercarriage rebuild
Solid Waste Disposal 625-000-5-425-09 Maintenance Grounds 98,000.00$ Construction
Solid Waste Disposal 625-000-5-426-17 Uniforms 5,250.00$ High visibility safety clothing
Enterprise Funds Total 1,350,942.46$
Part 2 – will increase funding in 2023 for priority items which were not initially funded
when the 2023 budget was passed and new priority items that have been identified
since the passing the original budget. All of the proposed items would be funded by the
budget surplus experienced in 2022.
General Fund
Dept./Fund Budgetary
Account Account Description Increase/(Decrease)
Amount Item Description
General Fund 101-000-6-700-00 Transfer in to General Fund $82,927.89 Transfer from 3B for Senior Services Supervisor
position
City Clerk 101-403-5-123-00 Group Insurance 3,562.65$ Increase in health insurance cost
City Clerk 101-403-5-423-01 Publication & Recording Fees 2,000.00$ Code books for Police Department
City Manager 101-406-5-101-00 Regular Pay $4,525.53 Pay changes due to employee promotion
City Manager 101-406-5-120-00 FICA $346.20 Pay changes due to employee promotion
City Manager 101-406-5-121-09 Retirement $271.53 Pay changes due to employee promotion
City Manager 101-406-5-123-00 Group Insurance 6,160.72$ Increase in health insurance cost
City Manager 101-406-5-426-01 Office Supplies 7,000.00$ Office equipment for Assistant to City Manager
City Attorney 101-412-5-422-07 Contracted Services 20,000.00$ Compensation for City Attorney hours worked over 50
Human Resources 101-414-5-101-04 Overtime 2,000.00$ Additional OT until department is fully staffed
Human Resources 101-414-5-123-00 Group Insurance 4,055.15$ Increase in health insurance cost
Human Resources 101-414-5-135-00 Employee Assistance Program 500.00$ Increased annual costs for EAP service
Human Resources 101-414-5-422-03 Consulting & Engineering 10,000.00$ Labor attorney consultation costs
Human Resources 101-414-5-422-21 Recruiting Expense 10,000.00$ Additional costs for increase in staff openings
Human Resources 101-414-5-422-21 Recruiting Expense 40,000.00$ Contracted recruiting costs for department head
positions
Human Resources 101-414-5-426-01 Office Supplies 3,000.00$ Additional office furniture
Human Resources 101-414-5-428-01 Telephone 1,800.00$ Telephone costs
Finance 101-415-5-101-04 Overtime Pay 3,500.00$ Additional OT until department is fully staffed
Finance 101-415-5-123-00 Group Insurance 3,606.83$ Increase in health insurance cost
Finance 101-415-5-422-07 Contracting Services 11,000.00$ Elhers update and enhance 10yr Financial Model
IT 101-416-5-123-00 Group Insurance 2,347.43$ Increase in health insurance cost
Government Buildings 101-417-5-911-00 Buildings & Structures 30,000.00$ Additional office space
Community Development 101-418-5-123-00 Group Insurance 9,363.18$ Increase in health insurance cost
Police Department 101-421-5-123-00 Group Insurance 43,352.12$ Increase in health insurance cost
Police Department 101-421-5-422-10 Software Services 3,896.00$ Cordico Wellness App
Police Department 101-421-5-425-02 Maintenance Motor Vehicle 3,200.00$ 2022 GMC Terrain SLE Repairs
Police Department 101-421-5-425-05 Maintenance Building 4,500.00$ Carpet instal in dispatch area
Police Department 101-421-5-425-06 Maintenance Radio 6,150.00$ FCC P25 Radio Programming
Police Department 101-421-5-429-03 Cleaning Services 3,674.00$ Carpet cleaning
Police Department 101-421-5-920-00 Furniture & Equipment 9,345.00$ Four Desks and 3 Chairs for Department Restructuring
Police Department 101-421-5-930-00 Machinery & Auto Equipment 5,000.00$ Criminal Investigations undercovered vehicle lease
Fire Department 101-422-5-123-00 Group Insurance 7,597.26$ Increase in health insurance cost
Fire Department 101-422-5-421-00 Insurance 1,140.12$ Increase in Fire Dept. Insurance
Public Works 101-430-5-123-00 Group Insurance 5,862.90$ Increase in health insurance cost
Public Works 101-430-5-426-03 General Supplies 2,000.00$ City Logo Clothing
Public Works 101-430-5-427-01 Travel & Lodging 9,190.06$ Enhance education and knowledge of new PW means
and methods.
Public Works 101-430-5-427-02 Registration & Training 4,335.00$ Enhance education and knowledge of new PW means
and methods.
Public Works 101-430-5-429-01 Membership & Dues 1,596.00$ SWANA Dues
Street Division 101-431-5-123-00 Group Insurance 14,616.40$ Increase in health insurance cost
Street Division 101-431-5-426-03 General Supplies 10,000.00$ Increased operational needs due to snow events
Street Division 101-431-5-426-12 Tires 5,279.61$ Increased operational needs due to snow events
Street Division 101-431-5-426-17 Uniforms 15,000.00$ Safety Clothing for Night Operations
Street Division 101-431-5-426-22 Salt 7,500.42$ Increased needs due to snow events
Street Division 101-431-5-426-24 Street Paint & Signs 5,000.00$ Develop supply of temporary work safety zone signs.
Street Division 101-431-5-930-00 Machinery & Auto Equipment 10,000.00$ 19' Lift
Animal Control 101-442-5-123-00 Group Insurance 1,792.19$ Increase in health insurance cost
Aquatic Center 101-449-5-911-00 Buildings & Structures 5,000.00$ Bathroom epoxy floors
Aquatic Center 101-449-5-911-00 Buildings & Structures 2,000.00$ New shed concrete
Recreation Department 101-451-5-101-00 Regular Pay $57,248.75 Senior Services Supervisor position
Recreation Department 101-451-5-120-00 FICA $4,379.53 Senior Services Supervisor position
Recreation Department 101-451-5-121-09 Retirement $3,434.93 Senior Services Supervisor position
Recreation Department 101-451-5-123-00 Group Insurance 3,285.79$ Increase in health insurance cost
Recreation Department 101-451-5-123-00 Group Insurance $17,864.68 Senior Services Supervisor position
Parks Department 101-452-5-123-00 Group Insurance 12,378.21$ Increase in health insurance cost
Ice Arena 101-453-5-123-00 Group Insurance 2,223.41$ Increase in health insurance cost
Forestry 101-454-5-123-00 Group Insurance 2,250.28$ Increase in health insurance cost
Forestry 101-454-5-940-00 Other Capital 1,400.00$ Safety Helmets
Library 101-455-5-101-00 Regular Pay 10,000.00$ Pay changes due to restructuring positions
Library 101-455-5-123-00 Group Insurance 10,172.14$ Increase in health insurance cost
Library 101-455-5-424-07 Programming expenses 17,500.00$ Increase budget based on increased County
contribution
Library 101-455-5-911-00 Building & Structures 21,000.00$ Update audio/visual equipment in meeting rooms
General Fund Total $608,131.90
All ordinances or parts of Ordinances in conflict herewith are hereby
repealed.
First Reading: February 28, 2023
Second Reading:
Published:
CITY OF BROOKINGS
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
Capital Improvement Fund
Dept./Fund Budgetary
Account Account Description Increase/(Decrease)
Amount Item Description
Capital Improvements 213-000-5-940-00 Other Capital 38,000.00$ Enhanced safety lighting for Street Division vehicles
Capital Improvements 213-000-5-940-04 Parks & Rec Improvements 18,000.00$ Larson Ice Center Water Heater
Capital Improvements 213-000-5-940-04 Parks & Rec Improvements 50,000.00$ Larson Ice Center Dehumidification System
Capital Improvements 213-000-5-940-04 Parks & Rec Improvements 100,000.00$ Pioneer Park Bandshell Renovation
Capital Improvement Fund Total 206,000.00$
Special Revenue Funds
Dept./Fund Budgetary
Account Account Description Increase/(Decrease)
Amount Item Description
Enhanced 911 214-000-5-123-00 Group Insurance 13,009.33$ Increase in health insurance cost
Storm Drainage 282-000-5-123-00 Group Insurance 3,119.70$ Increase in health insurance cost
3rd Penny Sales Tax 284-000-7-899-05 Transfer out to GF 82,927.89$ Transfer Senior Services Supervisor position
Special Revenue Funds Total 99,056.91$
Enterprise Funds
Dept./Fund Budgetary
Account Account Description Increase/(Decrease)
Amount Item Description
Liquor 601-000-5-123-00 Group Insurance 2,884.45$ Increase in health insurance cost
Airport 606-000-5-123-00 Group Insurance 3,179.31$ Increase in health insurance cost
Edgebrook Golf Course 607-000-5-123-00 Group Insurance 1,285.98$ Increase in health insurance cost
Solid Waste Collection/Recycle 612-000-5-123-00 Group Insurance 7,503.72$ Increase in health insurance cost
Solid Waste Disposal 625-000-5-123-00 Group Insurance 12,582.78$ Increase in health insurance cost
Solid Waste Disposal 625-000-5-422-07 Contracting Services 56,500.00$ Contracted leachate pumping and disposal
Solid Waste Disposal 625-000-5-920-00 Furniture & Equipment 66,260.00$ Bull fences for enhanced litter control
Enterprise Funds Total 150,196.24$
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:2
Second Reading and Action on Ordinance 23-006, an Ordinance Authorizing Budget Amendment No.
11 to the 2022 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 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 2/23/2023Page 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 23-004,Version:2
Second Reading and Action 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.
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 2/23/2023Page 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:2
Second Reading and Action 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.
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 2/23/2023Page 1 of 1
powered by Legistar™
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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:
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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Agreement No. 23-005
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ACKNOWLEDGEMENT AND ACCEPTANCE OF AGREEMENT
CITY OF BROOKINGS, SOUTH DAKOTA
Dated this __ day of ________ , 2023.
City of Brookings
__________________________________
Oepke G. Niemeyer, 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
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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 23-003,Version:2
Public Hearing and Action 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.
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
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City of Brookings Printed on 2/23/2023Page 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
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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
NOTICE OF PUBLIC HEARING
Ordinance 23-003
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., CST, Tuesday, February 28, 2023, in the
Brookings City & County Government Center Chambers, 520 Third Street, to consider
adoption of a revision to the City Code of Ordinances, entitled Ordinance 23-003, an
Ordinance Amending Chapter 94, Article VI, Division 4, Sec. 94-432 for the purposes of
amending the minimum required parking spaces. At which time and place all persons
interested will be given a full, fair and complete hearing thereon. Dated in Brookings,
South Dakota, this 17th day of February, 2023.
CITY OF BROOKINGS
Bonnie Foster, City Clerk
Published one time at an approximate cost: $ .
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON 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 #:ID 23-0082,Version:1
Action on a Revised Preliminary Plat of Block 3B, Block 4, Block 5, Block 6, Block 8, Lot157C and
Wetland D in Tract 2, All in Prairie Hills Addition.
Summary:
Prairie Hills LLC has submitted a Large Scale Residential Development (LSRD) plan for a portion of
the Prairie Hills Landing. The LSRD is reviewed via the submittal of a revised preliminary plat, which
includes developed and undeveloped portions of Blocks 3B, 4, 5, 6, and 8, Lot 157C and Wetland D
in Tract 2 in Prairie Hills. The LSRD seeks special zoning standards related to lot area and width,
front and side setbacks, and private roadway widths.
Recommendation:
The Planning Commission voted 6-0 recommending approval with the following condition proposed
by staff and the Development Review Team:
·The LSRD regulations are approved for a total of 86 units.
Attachments:
Memo
Legal Notice - City Council
Legal Notice - Planning Commission
Planning Commission Minutes
Revised Preliminary Plat
Prairie Hills Concept Plan
Board of Adjustment Packet - September 2, 2021
Board of Adjustment Minutes - September 2, 2021
Board of Adjustment Packet - November 4, 2021
Board of Adjustment Minutes - November 4, 2021
City of Brookings Printed on 2/23/2023Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Ryan Miller, City Planner
City Council Meeting: February 28, 2023
Subject: Revised Preliminary Plat of Block 3B, Block 4, Block 5, Block
6, Block 8, Lot 157C and Wetland D in Tract 2, All in Prairie
Hills Addition
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
Prairie Hills LLC has submitted a Large Scale Residential Development (LSRD) plan for
a portion of the Prairie Hills Landing. The LSRD is reviewed via the submittal of a
revised preliminary plat which includes developed and undeveloped portions of Blocks
3B, 4, 5, 6 and 8, Lot 157C and Wetland D in Tract 2 in Prairie Hills. The LSRD seeks
special zoning standards related to lot area and width, front and side setbacks, and
private roadway widths.
Background:
The Prairie Hills Landing has been under development since 2013. The development
primarily consists of twin homes built along Goldenrod Trail and Sunflower Road.
Approximately 53 units have been completed in the development thus far, roughly 61%
of the planned development.
In late 2021, the developer sought variances to front and side yard setbacks for six
units, all of which were granted by the Board of Adjustment. The variances reduced the
side yard setbacks to roughly 12 feet between units, when 14 feet would be required by
code, and reduced the front yard setbacks to roughly 12 feet, when code would require
20 feet from the front of the dwelling to the curb on a private street.
The applicant is applying for the Large Scale Residential Development plan for the
remainder of the Landing, roughly 33 units along Sunflower Road, Chokecherry Lane,
and Goldenrod Trail. Two currently built units would be impacted by the proposed
LSRD. These two units, located on Sunflower Road would currently not meet the
minimum side yard setback regulations, but would meet the side yard setbacks
proposed in the LSRD.
Item Details:
Requests in the LSRD include:
No minimum lot area
(6,000 / 9,600 square feet required in R-3 for single-family / two-family)
No minimum lot width
(50 feet / 75 feet required in R-3 for single-family / two-family)
Side yard setbacks shall be 10 feet between buildings side to side minimum
(Side yard setback in R-3 is 7 feet or 14 feet between buildings)
Front yard setbacks shall be 20 feet minimum from back of curb to front load
garages and 13 feet from back of curb to side load garages (Front yard setback
in R-3 is 20 feet and private streets shall not be included in the setback)
Roadways shall be 26 feet from curb to curb with a 50-foot access and utility
easement centered on the roadway centerline (private streets shall not be less
than 28 feet in width)
The Prairie Hills Landing Development has been built out as a series of twin-homes
located on common area lots. The units are built, surveyed, and platted around building
footprints with the front, side, and rear yards platted into common area lots retained by
the home owner’s association. This creates a unique development where all front, side,
and rear yards’ area shared. The common area lots also create uniquely shaped lots in
the landing that may have narrow frontages; however, in the overall context of the
development, the amount of common yard area is similar to yard area required for a
similar number of total single and two-family dwellings.
Front load garages in the development would meet the front yard setback requirement
of 20 feet to back of curb; however, the applicant is seeking an exemption for side load
garages where only 13 feet would be required. In previous cases, variances were
granted for roughly three units with close to 12-foot front setbacks for side load garages
at 804, 806, and 813 Sunflower Road.
Existing private streets in this portion of Prairie Hills have been built at 28 feet wide.
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 Planning Commission voted 6-0 recommending approval with the following
condition proposed by staff and the Development Review Team:
The LSRD regulations are approved for a total of 86 units.
Supporting Documentation:
Legal Notice – City Council
Legal Notice – Planning Commission
Planning Commission Minutes
Revised Preliminary Plat
Prairie Hills Concept Plan
Board of Adjustment Packet – September 2, 2021
Board of Adjustment Minutes – September 2, 2021
Board of Adjustment Packet – November 4, 2021
Board of Adjustment Minutes – November 4, 2021
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with
Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
NOTICE OF HEARING ON A REVISED PRELIMINARY PLAT
NOTICE IS HEREBY GIVEN That Prairie Hills LLC has submitted a revised
preliminary plat of the following described real estate situated in the City of Brookings in
Brookings County, South Dakota, to wit:
Lot 1A in Block 3B, Block 4, Block 5, Block 6, Block 8, Lot 157C, and Wetland
D Tract 2, all in Prairie Hills Addition
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 person interested may appear and be heard in this matter.
Dated this 21st 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.
NOTICE OF HEARING ON A REVISED PRELIMINARY PLAT
NOTICE IS HEREBY GIVEN That Prairie Hills LLC has submitted a revised
preliminary plat of the following described real estate situated in the City of Brookings in
Brookings County, South Dakota, to wit:
Lot 1A in Block 3B, Block 4, Block 5, Block 6, Block 8, Lot 157C, and Wetland
D Tract 2, all in Prairie Hills Addition
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Planning Commission at 5:30 PM on Tuesday, February 7, 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 City Planning Commission is a
recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 27th day of January, 2023.
____________________
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
February 7, 2023
OFFICIAL MINUTES
Acting Chairperson Greg Fargen called the meeting of the City Planning Commission to order on
Tuesday, February 7, 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, Kyle Jamison, Scot Leddy, Nick
Schmeichel, Roger Solum, and Fargen. Absent were Tanner Aiken and Jacob Mills. Also present were
City Planner Ryan Miller, Community Development Director Mike Struck, Dusten Hendrickson, and
Justin Bucher.
Item #5a – Prairie Hills LLC submitted a Large Scale Residential Development for Lot 1A in Block 3B,
Block 4, Block 5, Block 6, Block 8, Lot 157C and Wetland D Tract 2, all in Prairie Hills Addition
(Drew/Schmeichel) Motion to approve the Large Scale Residential Development with the staff
recommendations for a total of 86 units and Lot 1A be removed from the Large Scale Residential
Development. All present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #5a – This is a Large Scale Residential Development in the Prairie Hills Addition. This LSRD
includes the following requests 1.) No minimum lot area 2.) No minimum lot width 3.) Side yard setbacks
shall be 10 feet between buildings side to side minimum 4.) Front yard setbacks shall be 20 feet minimum
from back of curb to front load garage and 13 feet from back of curb to side load garage 5.) Roadways
shall be 26 feet from curb to curb with a 50-foot access and utility easement centered on the roadway
centerline. Staff does recommend approval with the following conditions 1.) Approve for a total of 86
units 2.) Lot 1A should be removed from the LSRD.
Bucher, representing Prairie Hills LLC, was present for questions.
WETLAND DTRACT 2BLOCK 6B4523ABLOCK 20A41918788899086543268584WETLAND CTRACT 1A1A735ABLOCK 3B1BLOCK 7DCAB1QP36373834562110121311O3435BLOCK 3CCDEFHGKJLMBLOCK 5BLOCK 46789101112131415161720212223181927262425282930313233789157CE16BLOCK 1 LOT 21514171819202122232425123456789101112131415161718192021222324BLOCK 855'ROW70'ROW45'ROW 40'ROW
40'ROWF:\20977-01\Design Phase\CADD\Sheet File\The Landing LSRD.dwg;2/22/2023 10:35 AM
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FORDESIGNED BY:CHECKED BY:DRAWN BY:DATE:JOB No.:1"1/2"0SCALE REDUCTION BARPROJECT / SHEET TITLE :
REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.6342JDBJDBJANUARY 202320977-01PRELIMINARY PLAT
PRAIRIE HILLS ADDITION
BROOKINGS, SOUTH DAKOTA
1 OF 2LEGEND:PROPERTY LINEHORIZONTAL DATUM: - NAD 83 - COORD. SYSTEM: U.S. STATE PLANE 1983 - ZONE: SOUTH DAKOTA NORTH(4001)VERTICAL DATUM: - NAVD 88 - GEOID 09AALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETSECTION LINEQUARTER LINEPRELIMINARY PLAT OFLOT 1A IN BLOCK 3B, BLOCK 4, BLOCK 5, BLOCK 6, BLOCK 8, LOT 157C, AND WETLAND DTRACT 2, ALL IN PRAIRIE HILLS ADDITIONAN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTADEVELOPERPRAIRIE HILLS LLC.JACOB MILLS, VICE PRESIDENT1323 MAIN AVE. S.BROOKINGS, SD 57006605-697-3118ENGINEER/SURVEYORBANNER ASSOCIATES INC.409 22ND AVE S.BROOKINGS, SD 57006(605) 692-6342ENGINEERJUSTIN BUCHER, PEJUSTINB@BANNERASSOCIATES.COMSURVEYORNATHAN NIELSON, RLSNATHANN@BANNERASSOCIATES.COMEXISTING LEGALNE1/4 EXC. N40' EXC. PLATTED AREASSEC. 2-T109N-R50WPRELIMINARY PLAT BOUNDARY0 100 200 FTVICINITY MAPSCALE: NONEPLAT AREA2.5'2.5'10.5'10.5'6" BASE COURSE3" ASPHALTTYPICAL SECTION26'VARIATIONS FROM STANDARD R-3 ZONING REGULATIONSNO MINIMUM LOT AREA AND LOT WIDTH.SIDE YARD SETBACKS SHALL BE 10' BETWEEN BUILDINGS SIDE TO SIDE MINIMUM.FRONT YARD SETBACKS SHALL BE:20' MINIMUM FROM BACK OF CURB FOR FRONT LOAD GARAGE UNITS.13' MINIMUM FROM BACK OF CURB FOR SIDE LOAD GARAGE UNITSROADWAYS SHALL BE 26' BACK OF CURB TO BACK OF CURB WITH A 50' ACCESS AND UTILITY EASEMENTCENTERED ON THE ROADWAY CENTERLINE.20TH STREET SMEDARY AVENUE SGOLDENROD TRAIL TALLGRASS PARKWAYSWEETGRASS DRIVEGOLDENROD TRAIL
WETLAND DTRACT 2BLOCK 6B4523ABLOCK 20A41918788899086543268584WETLAND CTRACT 1A1A735ABLOCK 3B1BLOCK 7DCAB1QP36373834562110121311O3435BLOCK 3CCDEFHGKJLMBLOCK 5BLOCK 46789101112131415161720212223181927262425282930313233789157CE16BLOCK 1 LOT 2SSTSTSSESSS TECOSTST8'' S8'' S4'' FMS8'' W8'' WSSS S8'' SSS8'' S8'' S8'' S8'' W 8'' W8'' W8'' W WG G UGFUGE UGE UGEUGFGGUGF UGFT STFOUGEUGETRANS18'' STSS8'' S8'' SS8'' S8'' S8'' S8'' SS8'' S S8'' S8'' W8'' W8'' W8'' W8'' W8'' W8'' W8'' W8'' W8'' W1514171819202122232425123456789101112131415161718192021222324BLOCK 841'BC TO BC31'BC TO BC 55'ROW70'ROW45'ROW 40'ROW
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REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.6342JDBJDBJLUJANUARY 202320977-01UTILITY PLAN
PRAIRIE HILLS ADDITION
BROOKINGS, SOUTH DAKOTA
2 OF 2HORIZONTAL DATUM: - NAD 83 - COORD. SYSTEM: U.S. STATE PLANE 1983 - ZONE: SOUTH DAKOTA NORTH(4001)VERTICAL DATUM: - NAVD 88 - GEOID 09AALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETUTILITY PLANLOT 1A IN BLOCK 3B, BLOCK 4, BLOCK 5, BLOCK 6, BLOCK 8, LOT 157C, AND WETLAND DTRACT 2, ALL IN PRAIRIE HILLS ADDITIONAN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTADEVELOPERPRAIRIE HILLS LLC.JACOB MILLS, VICE PRESIDENT1323 MAIN AVE. S.BROOKINGS, SD 57006605-697-3118ENGINEER/SURVEYORBANNER ASSOCIATES INC.409 22ND AVE S.BROOKINGS, SD 57006(605) 692-6342ENGINEERJUSTIN BUCHER, PEJUSTINB@BANNERASSOCIATES.COMSURVEYORNATHAN NIELSON, RLSNATHANN@BANNERASSOCIATES.COMEXISTING LEGALNE1/4 EXC. N40' EXC. PLATTED AREASSEC. 2-T109N-R50WFLOODPLAIN INFORMATIONFLOOD ZONE DESIGNATION: ZONE XNAT'L FLOOD INSURANCE PROGRAM MAPPANEL NO. 46011C0445CDATE: JULY 16, 20080 100 200 FTLEGEND:PROPERTY LINESECTION LINEQUARTER LINEEXISTING WATER LINEEXISTING SANITARY SEWEREXISTING SANITARY SEWER MANHOLESWSPROPOSED WATER LINE(8" UNLESS OTHERWISE INDICATED)PROPOSED SANITARY SEWER(8" UNLESS OTHERWISE INDICATED)WSPROPOSED SANITARY SEWER MANHOLESEXISTING STORM SEWERSTDROP INLETPROPOSED STORM SEWERSTPRELIMINARY PLAT BOUNDARYEXISTING SANITARY FORCE MAINFM20TH STREET SMEDARY AVENUE SGOLDENROD TRAIL TALLGRASS PARKWAYSWEETGRASS DRIVEGOLDENROD TRAILSUNFLOWER ROADCHOKECHERRY LANE
ZONING REGULATIONS:SINGLE-FAMILYDWELLINGTWO DWELLING UNITS6,00050 FEET20 FEET7 FEET25 FEET35 FEETPER UNITDENSITY SQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHTR-3 APARTMENT DISTRICT1,815**8,40065 FEET20 FEET7 FEET25 FEET35 FEETSINGLE FAMILY ATTACHED0 FEET SIDE YARD2 UNITS9,60075 FEET20 FEET0 FEET OR 7 FEETON NON-PARTYWALL25 FEET35 FEET3 UNITS12,00090 FEET20 FEET25 FEET35 FEET4 UNITS14,000105 FEET20 FEET25 FEET35 FEETAPTS, CONDO'S, TOWNHOUSES*(3 OR MORE UNITS)10,00075 FEET20 FEET7 FEET***25 FEET45 FEETOTHER ALLOWABLE USES6,00050 FEET20 FEET7 FEET***25 FEET45 FEET0 FEET OR 7 FEETON NON-PARTYWALL0 FEET OR 7 FEETON NON-PARTYWALL* PARKING LOTS SHALL BE SCREENED FROM SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL USES ACCORDING TO SECTION 94-401.** A MAXIMUM OF 24 DWELLING UNITS PER ACRE SHALL BE ALLOWED.*** THE SIDE YARD WILL BE REQUIRED TO BE INCREASED TO TEN FEET WHEN THE BUILDING IS THREE OR MORE STORIES IN HEIGHT.
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PRAIRIE HILLS DEVELOPMENT
BROOKINGS, SD
SCALE:1"=200' I I I 0' 100' 200' 400'1
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conFLLJEnCE
April 11, 2022 I #21171-01
Prairie Hills
This plan is conceptual in nature.
Street and walkway locations, lot dimensions
and other plan features are subject to change.
A MILLS DEVELOPMENT COMMUNITY
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 23-0083,Version:1
Action on a Preliminary Plat for Lot 53D in Sioux Village Indian Hills Addition.
Summary:
Brookings Built Green has submitted a preliminary plat for Lot 53D in Sioux Village of Indian Hills
Addition. The lot is planned to be 2.32 acres with frontage on Crystal Ridge Road. The lot would be
zoned R-3.
Recommendation:
The Planning Commission voted 6-0 recommending approval with the following condition proposed
by staff and the Development Review Team:
·A shared access easement is required through Lot 53 providing secondary access for Lot 53D
to Trail Ridge Road.
Attachments:
Memo
Legal Notice - City Council
Legal Notice - Planning Commission
Planning Commission Minutes
Location Map
Preliminary Plat
Preliminary Grading Plan
Preliminary Drainage Plan
Preliminary Utility Plan
Zoning Map
City of Brookings Printed on 2/23/2023Page 1 of 1
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City Council Agenda Memo
From: Ryan Miller, City Planner
City Council Meeting: February 28, 2023
Subject: Preliminary Plat: Lot 53D in Sioux Village Indian Hills
Addition
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
Brookings Built Green has submitted a preliminary plat for Lot 53D in Sioux Village of
Indian Hills Addition. The lot is planned to be 2.32 acres with frontage on Crystal Ridge
Road. The lot would be zoned R-3.
Background:
The Indian Hills Development began as a master planned community in the 1960’s/70’s.
The development is mostly built out with a few infill opportunities remaining. A
developer has plans for four apartments to be located along Crystal Ridge Road in the
Sioux Village area of Indian Hills. The developer would be purchasing roughly 2.32
acres of land from the current owner and subdividing the new lot. No preliminary plat is
on record for this area of Indian Hills, which would prevent the 2.32 acres from being
final platted.
Item Details:
The preliminary plat includes Lot 53D in Sioux Village Indian Hills Addition, a 2.32-acre
lot zoned Residence R-3 Apartment District. The lot would have frontage and access to
Crystal Ridge Road. Two access drives would be permitted; however, preliminary plans
submitted by the applicant show only one access drive planned to Crystal Ridge Road.
Depending on the number of units in the development, secondary access may be
required. This would need to be accomplished by way of shared access easements
through the Willow Trail Development to the south, with access to Trail Ridge Road.
Four apartment structures are planned, along with an associated parking lot and
stormwater detention pond. Drainage on the lot would generally run south and west to
the detention pond in the southwest corner, which would have an outlet to the south into
existing ponds.
The proposed lot and development would meet the City’s zoning standards and conform
with the Future Land Use Plan.
Legal Consideration:
None
Strategic Plan Consideration:
Economic Growth – the preliminary plat would support a future multi-family residential
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 Planning Commission voted 6-0 recommending approval with the following
condition proposed by staff and the Development Review Team:
A shared access easement is required through Lot 53 providing secondary
access for Lot 53D to Trail Ridge Road.
Supporting Documentation:
Legal Notice – City Council
Legal Notice – Planning Commission
Planning Commission Minutes
Location Map
Preliminary Plat
Preliminary Grading Plan
Preliminary Drainage Plan
Preliminary Utility Plan
Zoning Map
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with
Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
NOTICE OF HEARING ON A PRELIMINARY PLAT
NOTICE IS HEREBY GIVEN that Brookings Built Green has submitted a preliminary
plat of the following described real estate situated in the City of Brookings in Brookings
County, South Dakota, to wit:
Lot 53D of Sioux Village in Indian Hills Addition
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 person interested may appear and be heard in this matter.
Dated this 21st 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.
NOTICE OF HEARING ON A PRELIMINARY PLAT
NOTICE IS HEREBY GIVEN that Brookings Built Green has submitted a preliminary
plat of the following described real estate situated in the City of Brookings in Brookings
County, South Dakota, to wit:
Lot 53D of Sioux Village in Indian Hills Addition
NOTICE IS FURTHER GIVEN that said request will be acted on by the City
Planning Commission at 5:30 PM on Tuesday, February 7, 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 City Planning Commission is a
recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 27th day of January, 2023.
____________________
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
February 7, 2023
OFFICIAL MINUTES
Acting Chairperson Greg Fargen called the meeting of the City Planning Commission to order on
Tuesday, February 7, 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, Kyle Jamison, Scot Leddy, Nick
Schmeichel, Roger Solum, and Fargen. Absent were Tanner Aiken and Jacob Mills. Also present were
City Planner Ryan Miller, Community Development Director Mike Struck, Dusten Hendrickson, and
Justin Bucher.
Item #4a – Brookings Built Green submitted a preliminary plat of Lot 53D of Sioux Village in Indian
Hills Addition.
(Solum/Drew) Motion to approve the Preliminary Plat with the city recommendation to have a shared
access easement through Lot 53 to Trail Ridge Road. All present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #4a – This preliminary plat is a lot located on Crystal Ridge Road in an R-3 Apartment District.
This development is for four apartment buildings with access onto Crystal Ridge Road. A preliminary
drainage plan has been submitted with this preliminary plat. Most drainage on this lot will flow to the
southwest into Crystal Ridge Road. Staff does recommend approval with one condition that a shared
access easement be required through Lot 53 to Trail Ridge Road to provide an additional access to this
development.
Hendrickson is in favor of the shared access easement that the city is requesting. He spoke with Mills and
they are also in favor of this.
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Zo ning Ma p
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 23-003,Version:1
Action on Resolution 23-003, a Resolution Authorizing the Transfer of Real Property to the Brookings
Economic Development Corporation for Economic Development Purposes.
Summary:
The Brookings Economic Development Corporation desires to purchase approximately 11.35 acres
of real property described as Block Ten (10), Except Lot One (1) and Except the Right-of-Way, of
Freeland Addition to the City of Brookings, County of Brookings, State of South Dakota, Except the
West One Hundred Seventy-five Feet (W 175') thereof, and Except the North Sixty Feet (N 60') and
the South Sixty Feet (S 60') thereof for the price of $247,203 and other valuable considerations.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Location Map
City of Brookings Printed on 2/23/2023Page 1 of 1
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City Council Agenda Memo
From: Paul Briseno, City Manager
Council Meeting: February 28, 2023
Subject: Resolution 23-003: Transfer of Real Property to Brookings
Economic Development Corporation
Presenter: Paul Briseno, City Manager
Summary:
The Brookings Economic Development Corporation desires to purchase approximately
11.35 acres of real property described as Block Ten (10), Except Lot One (1) and
Except the Right-of-Way, of Freeland Addition to the City of Brookings, County of
Brookings, State of South Dakota, Except the West One Hundred Seventy-five Feet (W
175') thereof, and Except the North Sixty Feet (N 60') and the South Sixty Feet (S 60')
thereof for the price of $247,203 and other valuable considerations.
Background:
The Brookings Economic Development Corporation is tasked with furthering economic
growth and development within the City of Brookings. Furthermore, the Brookings
Economic Development Corporation is delegated with selling, conveying or otherwise
transferring property to businesses in efforts to expand the base in the City of
Brookings.
Item Details:
The Brookings Economic Development Corporation worked with a developer over the
past 10 months to solidify a business to be located in the Freeland Addition, which is
located east of 32nd Avenue and north of Highway 14 Bypass. In order to facilitate this
development, the Economic Development Corporation seeks the purchase of 11.35
acres.
The Investment Committee met and recommends the sale of land with the following
conditions:
Sale of 11.35 acres at $.75 sq. ft.
o Considerations will reduce the sale price to $247,203.00.
Development will provide:
o Substantial growth in the ag innovation ecosystem.
o Assurance of ROW for critical community-wide infrastructure
advancements in water.
o Development of storm sewer structures and streets for interconnectivity
and industrial land expansion.
Legal Consideration:
None
Strategic Plan Consideration:
Council approval of this land transfer to the Economic Development Corporation assists
in achieving a more sustainable environment and ecosystem as well as increasing
economic growth.
Financial Consideration:
Approximately 11.35 acres of real property for the price of $247,203. Additionally, the
developer will meet the Development Review Team recommendations, provide
necessary right-of-way for water infrastructure.
Options and Recommendations:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a Study Session
5. Discuss/take no action/table
Staff recommends approval of the resolution as presented.
Supporting Documentation:
Resolution
Location Map
Resolution 23-003
A Resolution Authorizing the Transfer of Real Property to the Brookings Economic
Development Corporation for Economic Development Purposes
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, the Brookings Economic Development Corporation, Inc. desires to acquire the
following described property:
Approximately 11.35 acres with the exact acreage to be determined by survey and plat,
generally described as:
Block Ten (10), Except Lot One (1) and Except the Right-of-Way, of Freeland Addition to
the City of Brookings, County of Brookings, State of South Dakota, Except the West One
Hundred Seventy-five Feet (W 175') thereof, and Except the North Sixty Feet (N 60') and
the South Sixty Feet (S 60') thereof; and
Whereas, for the express purpose of furthering economic growth and development of the City of
Brookings, South Dakota, the Brookings Economic Development Corporation, Inc. agrees to
sell, convey or otherwise transfer said property to Millborn Seeds, Inc. and Berry Properties,
LLC for the price of $247,203.00 Dollars and other valuable consideration ; and
Whereas, it is in the best interests of the City of Brookings that the City provide its economic
development assistance in this matter to aid and assist with the completion of the aforesaid
transaction which will further economic development in the City of Brookings; and
Whereas, the City is authorized to enter into this transaction as an economic development
activity under the laws of the State of South Dakota.
Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South Dakota, as
follows:
A. That the City convey title to the above-described property to the Brookings Economic
Development Corporation, Inc. for the purpose of completion of the transaction
described above to further the economic growth and development of the City of
Brookings, South Dakota; and
B. That the Mayor, City Clerk, City Manager and City Attorney are authorized to execute
the required documents in accordance with this Resolution.
Passed and approved on the 28th day of February, 2023.
CITY OF BROOKINGS, SD
ATTEST:
Oepke G. Niemeyer, Mayor
Bonnie Foster, City Clerk
B rook ings County, SD
Developed by
Par cel ID 401800100000000
Sec/T wp/Rng --
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 FREELAND ADDITION, BLK 10 EXC L O T 1 & EXC ROW 16.4 AC
(Note: Not to be used on leg a l documents)
Date created: 12/5/2022
Last Data Uploa ded: 12/5/2022 8:09:52 AM
781 ft
Overvi ew
Legend
Br ookings City
Limits
City L imits
T ow nship Boundar y
Sections
Parcels
Roa ds
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 23-009,Version:1
Action on Resolution 23-009, a Resolution Authorizing the Transfer of Real Property to the Brookings
Economic Development Corporation for Economic Development Purposes.
Summary:
The Brookings Economic Development Corporation desires to purchase approximately 18.53 acres
of real property described as located within Block Nine (9) of Wiese Addition in the Southwest
Quarter of the Southeast Quarter (SW¼SE¼) of Section Nineteen (19), Township One Hundred Ten
(110) North, Range Forty-nine (49) West of the 5th P.M., City of Brookings, County of Brookings,
State of South Dakota.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Location Map
City of Brookings Printed on 2/23/2023Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Paul Briseno, City Manager
Council Meeting: February 28, 2023
Subject: Transfer of Real Property to Brookings Economic
Development Corporation
Presenter: Paul Briseno, City Manager
Summary:
The Brookings Economic Development Corporation desires to purchase approximately
18.53 acres of real property described as located within Block Nine (9) of Wiese
Addition in the Southwest Quarter of the Southeast Quarter (SW¼SE¼) of Section
Nineteen (19), Township One Hundred Ten (110) North, Range Forty-nine (49) West of
the 5th P.M., City of Brookings, County of Brookings, State of South Dakota . The
proposed purchase price for this property is $1,130,033.52 or $1.40 per sq ft.
Background:
The Brookings Economic Development Corporation is tasked with the furthering
economic growth and development within the City of Brookings. Furthermore, the
Brookings Economic Development Corporation is delegated with selling, conveying, or
otherwise transferring property to businesses in efforts to expand the base in the City of
Brookings.
Item Details:
The City of Brookings has worked with Ryan Companies US, Inc., a Minnesota
Corporation, over the past year to solidify commercial development, including retail and
other businesses, located east of I-29 and north of Sixth Street. To facilitate this
development, the Economic Development Corporation seeks the purchase of 18.53
acres. The developer has an aggressive development strategy with a development plan
presented to the Planning Commission in March if the sale is approved . Ryan
Companies will work to bring a desired anchor tenant and commercial which
complement the needs of the City of Brookings.
Legal Consideration:
None.
Strategic Plan Consideration:
Sustainability and Economic Growth -- Council approval of this land transfer to the
Economic Development Corporation assists in achieving a more sustainable
environment and ecosystem as well as increasing economic growth.
Financial Consideration:
Approximately 18.53 acres of real property for the price of $1,130,033.52.
Options and Recommendations:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a Study Session
5. Discuss/take no action/table
Staff recommends approval of the resolution as presented.
Supporting Documentation:
Resolution
Location Map
Resolution 23-009
Resolution Authorizing the Transfer of Real Property to the Brookings Economic
Development Corporation for Economic Development Purposes
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, the City of Brookings has received a proposal for the purchase of the
following described property:
Approximately 18.53 acres located within Block Nine (9) of Wiese Addition in
the Southwest Quarter of the Southeast Quarter (SW¼SE¼) of Section
Nineteen (19), Township One Hundred Ten (110) North, Range Forty-nine
(49) West of the 5th P.M., City of Brookings, County of Brookings, State of
South Dakota, and
Whereas, the proposed purchase price is $1,130,033.52 (807,166.8 square feet x $1.40
per square foot). The purpose of the acquisition is for commercial development of the
above-described property by Ryan Companies US, Inc., a Minnesota Corporation
experienced in commercial development of property; and
Whereas, Ryan Companies US, Inc., has offered to purchase the above-described
property for a price which the City has determined is market value and is acceptable;
and
Whereas, the City of Brookings has determined the proposed commercial development
by Ryan Companies US, Inc., will provide economic growth and economic development
as a result of retail and other commercial businesses locating within the above-
described property as tenants of Ryan Companies US, Inc.; and
Whereas, for the express purpose of furthering the economic growth and development
of the City of Brookings, South Dakota, the City of Brookings and the Brookings
Economic Development Corporation accept the proposal to purchase the above-
described property for commercial development, including retail and other businesses,
by Ryan Companies US, Inc. Furthermore, the City agrees to convey the above-
described property to the Brookings Economic Development Corporation pursuant to a
Real Estate Purchase Agreement between the Brookings Economic Development
Corporation and Ryan Companies US, Inc., for the sum of $1.40 for each square foot of
property purchased by Ryan Companies US, Inc., and located within the above-
described property, in accordance with applicable law; and
Whereas, the City is authorized to enter into this transaction as an economic
development activity under the laws of the State of South Dakota;
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota, as follows:
A. That the City convey title to the above-described property to the
Brookings Economic Development Corporation, Inc., for the transfer of
the above-described property to Ryan Companies US, Inc., for the
purposes set forth herein; and
B. That the Mayor, City Clerk, City Manager, and City Attorney are authorized to
execute the required documents in accordance with this Resolution.
Passed and approved on the 28th day of February, 2023.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
B rook ings County, SD
Developed by
Par cel ID 406720090000000
Sec/T wp/Rng --
Pr oper ty Address 3031 6TH ST
BROOKINGS
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 WIESE ADDITION, BLK 9 26.2 AC
(Note: Not to be used on leg a l documents)
Date created: 2/22/2023
Last Data Uploa ded: 2/22/2023 10:29:36 AM
460 ft
Overvi ew
Legend
Br ookings City
Limits
City L imits
T ow nship Boundar y
Sections
Parcels
Roa ds
County Roads
Gravel Roa ds
Pa v ed Roa ds
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 23-0085,Version:1
City of Brookings Progress Report.
Summary:
Jacob Meshke, Deputy City Manager, will provide a progress report highlighting the City’s
activities/projects.
Attachments:
Presentation
City of Brookings Printed on 2/23/2023Page 1 of 1
powered by Legistar™
Progress ReportFebruary 2023
•Organization-Wide
Performance Management
•Updated through 2022
•https://performance.envisio.co
m/dashboard/cityofbrookings
Brookings Insights
Municipal Election
•The April Election will not be
held.
•City Council Candidates
•Brianna Doran
•Andrew Rasmussen
•City Council Members will be
sworn in on May 9th
•Three (3) Year Term
Public Works
Airport Division
•Updated Airport Rules and
Regulations Policy guide for
2023
•Estimated Completion: May
2023
•Hired Airport Maintenance
Technician
•Pre-application of FAA grant
for taxiway improvements and
pavement maintenance
submitted
Public Works
Engineering Division
•22nd Avenue
•Bid Awarded, Summer Const.
•University Boulevard
•Bid to Council in March 2023
•Overlays/Chip Seal
•Bid to Council in March 2023
•Sidewalk Repairs
•On-going, weather dependent
•I-29 Interchange
•On-going, weather dependent
•20th Street South
•Bid Awarded, Summer Const.
Public Works
Engineering Division
•Stormwater Master Plan
•Spring Presentation
•Six Mile Creek Study
•Project extension due to
mapping concerns
•Floodplain Development
•Project may be delayed due to
mapping concerns
•Master Transportation Plan
•Grant application submitted
Public Works
Solid Waste Division
•2023 Construction Projects
•Leachate Vault Construction
•Spring 2023
•Leachate Force Main to Sanitary Sewer
•2023 Studies/Reports
•Solid Waste Master Plan
•In process –stakeholder meeting March 2
•Master Fill Plan
•Fall 2023
•Vehicles/Equipment
•New Collection Trucks
•Resolution to Council
Public Works
Streets Division
•2023 Maintenance Projects
•Thermoplastic replacement of
painted crosswalks
•2023 Studies/Reports
•Winter Operations Plan
•September Council Presentation
•Vehicles/Equipment Replacement
•John Deere Front Load
•March Delivery
•John Deere Motor Grader
•April Delivery
•Tracked UTV
•July Delivery
Police
•Office Enhancement
•Donated Items
•Paint –Brookings Health System
•Furniture –Avangrid Renewables
•Staff Effort
•Improved Aesthetic and Functionality
Fire
•Training Tower Construction
•Estimated Completion: April 2023
•Regional Benefit
•Training opportunities for neighboring
departments
•Training Uses
•Two (2) Burn Rooms
•Maze
•Wall Breach
•Rappelling Tower
•Forced Entry Door
•Garage Door Cutting
•Confined Space
Library
•Black Media is Beautiful Events Series
•Three (3) Events
•72 Attendees
•Continued excitement for maker lab
programming
Swiftel Center
•February –38 event days
•Parker McCollum
•3,894 Attendees
•Brookings Regional Builders
Association Home Show
•1,103 Attendees