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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 powered by Legistar™ 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 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 23-020,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 powered by Legistar™ 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 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 23-0084,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 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 23-0086,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 powered by Legistar™ 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 powered by Legistar™ 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 powered by Legistar™ 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™ 1 | P a g e City Council Agenda Memo From: John R. Thompson, Public Works Director Council Meeting: February 14, 2022 / February 28, 2023 Subject: Ordinance 23-005: Franchise Agreement – NorthWestern Energy Presenter: John R. Thompson, Public Works Director Summary: This Ordinance will provide NorthWestern Corporation, doing business as NorthWestern Energy (NWE), a non-exclusive franchise to continue providing natural gas services to the City of Brookings (City) and its residents for a period of up to 15 years. Background: In 2013, City Council approved Ordinance 32-12, which granted authority to NorthWestern Corporation (NWE) to provide, transmit, or distribute natural gas upon and within City property and the streets and public rights -of-way for a period of 10 years. Ordinance 32-12 will terminate on March 21, 2023. In late 2022, City staff started working with NWE representatives and legal counsel to develop the language for the proposed ordinance and associated agreement (Ordinance). Item Details: In 2013, the City made significant improvements to the Ordinance language to better address public safety considerations and legal protections for the City. The proposed Ordinance includes the public safety and legal protection aspects found in the 2013 Ordinance and further clarifies the responsibilities of NWE. Additional language has been added to address current nondiscrimination laws and sharing of NWE’s proprietary facility infrastructure with City staff. The term of the proposed Ordinance is 10 years, with the option for one five-year extension. If the proposed Ordinance is approved, the Ordinance shall become effective and binding upon its approval and passage in accordance with South Dakota law and the written acceptance by NWE. Legal Consideration: The City Attorney has reviewed the proposed Ordinance and contributed to the development of the Franchise Agreement. Strategic Plan Consideration: 2 | P a g e Safe, Inclusive, and Connected - The proposed Ordinance includes language that addresses public safety considerations and emergency response. Service and Innovation Excellence – The proposed Ordinance will ensure that the residents of the City continue to have access to natural gas services for essential everyday quality of life tasks such as heating and cooking. Sustainability – The proposed Ordinance ensures that existing infrastructure continues to be maintained, and new infrastructure is properly planned to meet community’s needs in the future. Financial Consideration: There is no increase in Net City Cost associated with the proposed action. The cost to develop the proposed Ordinance will be absorbed in the adopted 2022 and 2023 Public Works budget, Org. 430. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the proposed Ordinance as presented. Supporting Documentation: Memo Ordinance Exhibit A Ordinance 32-12 Ordinance 23-005 An Ordinance of the City of Brookings, SD, Granting a Nonexclusive Natural Gas Franchise to NorthWestern Corporation, doing business as NorthWestern Energy, a Delaware Corporation, to Furnish and Sell Natural Gas to the City and its Inhabitants. I. Whereas, the City of Brookings (“City”) finds it is in the public’s best interest to grant a franchise to transact business in the city for the purpose of transporting natural gas into and through and distributing and selling natural gas in the City and all other incidental matters including a franchise to lay, maintain, operate, and use gas pipes, mains, conductors, service pipes, and other necessary equipment in the streets and alleys in the City; and Whereas, in order to meet community needs, the City finds that the natural gas system is to be accessible throughout the City; and Whereas, the City and NorthWestern Corporation, doing business as NorthWestern Energy, a Delaware Corporation (“NorthWestern Energy”) by agreement have participated in a process together to negotiate the terms of a Natural Gas Franchise Agreement between NorthWestern Energy and the City, (Exhibit A); and Whereas, as part of the process for adoption of a franchise agreement with NorthWestern Energy, the City has evaluated their past performance and the needs of the City for the future, including changing law, technology, and services; and Whereas, NorthW estern Energy has provided natural gas services within the City for many years and further finds that NorthWestern Energy has the legal, technical, and financial qualifications to continue to provide natural gas services within the City; and Whereas, that the City has determined that this franchise agreement should be approved, subject to written acceptance by NorthWestern Energy. Now, Therefore, Be It Ordained by the Governing Body of the City of Brookings, South Dakota, That the Natural Gas Franchise Agreement between NorthWestern Corporation, doing business as NorthWestern Energy, and the City of Brookings, South Dakota is hereby approved; and That the Mayor is authorized to sign such Agreement after it is ratified and executed by NorthWestern Energy; and That the City shall publish this ordinance, however Exhibit “A” will be filed and available in the Office of the City Clerk for public inspection. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: February 14, 2023 Second Reading: February 28, 2023 Published: March 3, 2023 CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Agreement No. 23-005 Page | 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A OF ORDINANCE 23-005 NATURAL GAS FRANCHISE AGREEMENT This NATURAL GAS FRANCHISE AGREEMENT (“Agreement”) is entered into this _______ day of __________, 2023, by and between the City of Brookings, and NorthWestern Corporation, doing business as NorthW estern Energy, a Delaware Corporation, to furnish and sell natural gas to the City and its inhabitants. Section 1.01. Definitions As used in this Agreement, the following words or phrases shall have the following meanings: A. "City" shall mean City of Brookings, South Dakota, which includes the area within the City Limits, as the same now exists or as may be extended from time to time by annexation or other legal means. B. "City Limits" shall mean the official map showing the boundaries and limits of the City on file in the City's Community Development Department. C. "Consumer" shall mean any individual person, corporation, company, partnership, firm, unincorporated association, trust, municipality, public corporation, and any other legal or non-legal entity served by Franchisee. D. “Construction” shall mean, without limitation, constructing, acquiring, laying, maintaining, testing, operating, extending, renewing, relocating, removing, replacing, repairing, and using a natural gas Distribution System. E. "Distribution System" shall mean a system of pipes, pipelines, apparatus, machinery, structures, appliances or fixtures, and appurtenances, which in any way relate to or are reasonably necessary for the distribution of natural gas by Franchisee to Consumers. F. "Franchise" shall mean the rights and privileges granted by the City to the Franchisee under this Agreement. G. "Franchisee" shall mean NorthW estern Corporation, doing business as NorthWestern Energy, and its successors and assigns. H. "Install, operate, and maintain" shall mean to acquire, erect, construct, install, extend, repair, remove, relocate, replace, or otherwise operate and maintain. Agreement No. 23-005 Page | 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. "Public Ways" shall mean any street, alley, avenue, boulevard, lane, park, parkway, parking strip, sidewalk, driveway, utility easement, right-of-way, and any other public ways, places, areas, or grounds within the City Limits of the City as the same now exists or as may be extended from time to time by annexation or other legal means. J. "South Dakota Natural Gas Tariff' shall mean Franchisee's South Dakota Gas Rate Schedule on file with and made effective by the South Dakota Public Utilities Commission from time to time. K. The terms "gas" and "natural gas" as found herein shall be fully interchangeable in meaning. Section 1.02. Franchise Granted Franchisee is hereby granted a non-exclusive Franchise, right, and privilege for a period of ten (10) years to install, maintain, and operate a gas Distribution System in, upon, over, under, across, and along the City's public ways, as the same now are or may hereafter be extended for the distribution and sale of gas, whether artificial, natural, or otherwise, for cooking, heating, industrial, and all other uses and purposes. The term of this Franchise Agreement may be extended for no more than one (1) – five (5) year period only upon written approval of both parties at least 30 days before the last day of the initial ten (10) year term. The rights and privileges hereby granted are subject to the restrictions and limitations of South Dakota law, now in effect or which may be subsequently adopted. Section 1.03. Franchisee's Agreement to Serve Franchisee agrees, that for and during the term and period of this Franchise Agreement, it will maintain in the City an adequate, standard, and sufficient Distribution System and equipment and maintain and operate the same in a manner to meet the necessities and requirements of the City, its industries, and inhabitants. Franchisee, on behalf of itself, its successors and assigns, will be deemed to have accepted the terms and conditions of this Franchise by supplying service to any customer within the City Limits after the effective date of this Agreement. Notwithstanding the foregoing, Franchisee does not guarantee uninterrupted or undisturbed service of gas and is not liable for causes beyond its reasonable control. Section 1.04. Compliance with Right-of-Way Laws Required by Franchisee Franchisee shall have the right to excavate, subject to compliance with the Code of Ordinances of City of Brookings, South Dakota, now in effect or which may be subsequently adopted, with respect Agreement No. 23-005 Page | 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to construction within the City’s right-of-ways and shall obtain all necessary permits and licenses required thereunder or by other applicable laws, ordinances, and rules and as required of other like users of the right-of-way before commencing construction. Section 1.05. Franchisee Information Upon request, Franchisee shall provide to the City, at no cost to the City, information indicating the location and size of Franchisee’s facilities that are located in the City's right-of-way, including documents, maps, drawings and/or Geographic Information System data ("Information"). The Franchisee and City recognize the Information delivered to the City pursuant to this Agreement is proprietary and confidential. The City shall restrict access to the Information to employees with a defined business need for review of the Information. The City shall not disclose or disseminate the Information to any third parties without express written consent of the Franchisee. In the event it is believed that the Information has been accessed by an unauthorized person or entity, the City shall provide prompt notice to the Franchisee and shall take all reasonable action to mitigate any such breach of confidentiality. The City agrees to return or destroy all Information received from Franchisee upon termination of this Franchise Agreement. The Information delivered to or inspected by the City pursuant to this Section is for informational purposes only, and Franchisee does not warrant the accuracy thereof. To the extent the Information delivered to the City identifies Franchisee facilities, such Franchisee facilities are shown in an approximate location. Nothing herein is intended or may be construed to relieve the City or any person with access to or in receipt of the Information of its respective obligation under SDCL § 49-7A-5 to notify the one-call notification center of a proposed excavation to determine the location of underground utilities. Section 1.06. Changes to Physical Plant - Extension of Service Franchisee shall and hereby agrees to make such reasonable extensions of the Distribution System as may be reasonably required to furnish service to parties making application therefor located within the City Limits of the City. Franchisee shall not be required to make any such extensions of the Distribution System nor install service lines for the purpose of serving any new customer or customers where the estimated revenue to be derived from such service is not sufficient to provide an adequate Agreement No. 23-005 Page | 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 return upon the investment (after recognizing any customer Contribution in Aid of Construction) required to serve such customer or customers. All extensions of the Distribution System shall be made in compliance with the South Dakota Natural Gas Tariff. Section 1.07. Furnishing Natural Gas During the term of this Franchise Agreement, Franchisee shall furnish natural gas in the quantity and quality consistent with and in accordance with the applicable regulations of the South Dakota Public Utilities Commission and Franchisee's tariff made effective by the South Dakota Public Utilities Commission or its successors and state law and federal law. Section 1.08. Non duplication of Distribution Facilities To minimize risk to the citizens of the City and to avoid unnecessary duplication of natural gas facilities within the City, Franchisee shall not construct Distribution Facilities in, along, under, or down any Public Way wherein another natural gas line already exists, except: (i) where service requirements necessitate additional distribution facilities; (ii) upon verification to the City that the installation, operation, and maintenance of such additional distribution facilities shall be in conformance with all then current industry standards, and all applicable codes, rules, regulations, statutes, and orders of local, state, and federal agencies having authority in such matters; and (iii) upon review and approval by the City. Section 1.09. Relocation When Street Vacated In the event that City receives a petition to vacate any Public Way, including any and all utility easements in such Public Way, City agrees that Franchisee will receive notice of such petition no fewer than ten (10) days prior to any hearing, regarding such petition. In the event the City vacates any Public Way, a utility easement will remain in effect unless the private property owner(s) on either side of the Public Way petition the City to vacate the utility easement. If the City grants petitioner's request to vacate a utility easement in any Public Way, the Franchisee shall work with the petitioning property owner(s) to relocate all of its facilities and equipment within such vacated Public Way, and Franchisee shall be reimbursed by petitioners for the costs of such relocation, pursuant to state law. Agreement No. 23-005 Page | 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In the event that the City requests relocation of Franchisee's facilities and equipment within any Public Way, Franchisee shall relocate its facilities and equipment located within such vacated Public Way at no cost to the City. Section 1.10. Public Emergency If a public emergency arises involving the Franchisee's system, the City shall promptly notify the Franchisee. If the Franchisee does not act or is unable to take the necessary action, the City shall have the right to shut off service to affected consumers, without prior notice. The City’s actions shall only be performed by its authorized Fire Department personnel and only in the event Franchisee cannot act or requests the City to take action, and the action taken shall be limited to shutting the gas meter down by closing the riser valve. Public emergency means any condition that, in the opinion of the City Fire or Police Department, poses an immediate threat to the lives or property of the residents of City, caused by any natural or man-made disaster, including but not limited to storms, floods, fire, accidents, explosions, sewer or water main breaks, hazardous material spills, and other similar occurrences. Provided it received Notice, Franchisee shall be responsible for repair, at its sole expense, of any of its facilities damaged pursuant to any such action taken by Franchisee or City, except for damage that is the result of sole negligence or willful misconduct of City. Section 1.11. Emergency Response Plan / Service Valves The Franchisee shall provide to the City those portions of its Emergency Management Plan applicable to the City within sixty (60) days of the effective date of the ordinance approving this Agreement. The Franchisee shall ensure that any future updates of its Emergency Management Plan, applicable to the City, during the term of this Agreement, are provided to the within thirty (30) days of the update. The Franchisee shall ensure that Construction of Distribution Systems, subsequent to the date of this Agreement, are equipped with service valves used to shut off services at the meter and the service valves are accessible to authorized Fire Department personnel in time of an emergency and at no cost to the City. To the extent the existing Distribution System is equipped with inaccessible service Agreement No. 23-005 Page | 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 valve(s) and Construction occurs in those areas, the Franchisee shall either relocate or require its customer to relocate the inaccessible service valve(s), at no cost to the City. Section 1.12. Restoration of Streets In doing any work in connection with exercising the privileges herein granted, Franchisee shall avoid, so far as may be practicable, interfering with the use of any Public Way. Where paving or surface of the street is disturbed, Franchisee shall, at its own expense and in a manner reasonably satisfactory to the City, and in compliance with City specifications, replace such pavement or surface of the Public Way in as a good condition as it was in before such work was commenced. The Franchisee shall not be required to restore or modify public right of way, sidewalks, or other areas within the Franchisee’s project area to a condition superior to its previously existing condition, unless such alterations are required for the City to comply with City, state, or federal rules, regulations, laws, permits, and/or specifications. Section 1.13. Installation of Equipment Franchisee shall install, maintain, and operate the Distribution System in a manner which does not interfere with or obstruct the use of any water or gas pipes, drains, sewers, or other structures already installed and which is acceptable to City. Franchisee further agrees to install, operate, and maintain all underground piping according to current industry standards, and all applicable codes, rules, regulations, statutes, and orders of local, state, and federal agencies having authority in such matters. Section 1.14. Installation and Ownership of Service Lines Franchisee shall, at its own expense, furnish and install service pipe of suitable capacity to the Consumer's point of delivery herein defined as the inlet side of the first connection with Consumer's premises, or the outlet side of the meter if located beside, within, or attached to the premises. This delivery location shall be defined as "Consumer's Point of Delivery." Service lines or gas main extensions may be subject to a Contribution in Aid of Construction. Ownership of all service lines shall remain with Franchisee. Franchisee shall install, furnish, and maintain service pipe to Consumer's Point of Delivery in compliance with all terms and conditions of Franchisee's Tariff with the South Dakota Public Utilities Commission. Agreement No. 23-005 Page | 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 1.15. Allocation of Gas Supplies In the event of a shortage in the supply of natural gas for any reason beyond the control of Franchisee, it will allocate the available gas in a manner which conforms to the general interest of the public as required by applicable laws and regulations. Section 1.16. Insurance Requirements Franchisee shall self-insure or secure and maintain the insurance specified below. The insurance specified in this section may be in a policy or policies of insurance and may be primary coverage or excess coverage. Certificates of all required insurance shall be provided to the City upon execution of this Agreement. 1. Workers' compensation insurance providing the statutory limits required by South Dakota law. In addition, it shall provide Coverage B, Employer's Liability Coverage, of not less than $1,000,000 each accident, $1,000,000 disease-policy limits. The required limit may be met by excess liability (umbrella) coverage. 2. Commercial general liability insurance providing occurrence form contractual, personal injury, bodily injury, and a property damage liability coverage with limits of at least $1,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 aggregate products and completed operations. The required limit may include excess liability (umbrella) coverage. The policy shall by separate endorsement name City as an additional insured. If "occurrence form" insurance is not available, "claims made" insurance will be acceptable. The policy shall be maintained for three years after completion of this Agreement. 3. Automobile liability insurance covering all owned, non-owned, and hired automobiles, trucks, and trailers. The coverage shall be as broad as that found in the standard comprehensive automobile liability policy with limits of not less than $1,000,000 combined single limit each occurrence. The required limit may include excess liability (umbrella) coverage. Franchisee will provide the City with at least 30 days' written notice of an insurer's intent to cancel or not renew any of the insurance coverage required above. Franchisee agrees to hold the City harmless from any liability assumed under this agreement, including additional premium due, because of Franchisee's failure to maintain the coverage limits required. City's approval or acceptance of Agreement No. 23-005 Page | 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 certificates of insurance does not constitute City's assumption of responsibility for the validity of any insurance policies, nor does City represent that the above coverages are adequate to protect any individual/group/business, its consultants' and assumes no liability therefor. Section 1.17. Nondiscrimination Franchisee will provide equal employment opportunities in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Franchisee prohibits discrimination against any person or class of persons based on race, color, religion, sex (including pregnancy and related conditions, sexual orientation, or gender identity), national origin, age (40 or older), disability, genetic information or other characteristic protected by federal, state or local laws in its employment practices. Section 1.18. Indemnification Franchisee shall, at its sole cost and expense, defend, indemnify, and hold harmless City, all departments of City now existing or hereinafter created, and their respective officers, boards, commissions, employees, agents, attorneys, and contractors ("the indemnitees"), from and against any and all liability, obligation, damages, penalties, claims, liens, limitations, reasonable fees and expenses of attorneys, expert witnesses, and consultants, which may be imposed upon, incurred by, or be asserted by any third party against the indemnitees by reason of any negligent or otherwise wrongful act or omission of Franchisee, its personnel, employees, agents, contractors, or subcontractors, resulting in personal injury, bodily injury, sickness, disease, or death to any person or damage to, loss of, or destruction of property, which may arise out of or be in any way connected with the construction, installation, operation, maintenance, or condition of the gas Distribution System or Franchisee's failure to comply with any federal, state, or local statute, ordinance, or regulation. Notwithstanding the foregoing, Franchisee shall not be required to indemnify the City for negligence on the part of the City or its officials, agents, contractors, or employees. Section 1.19. Disclaimer of Liability City shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of the construction, maintenance, repair, use, operation, condition, or Agreement No. 23-005 Page | 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 dismantling of Franchisee's gas Distribution System, except for those injuries or damages that arise from the negligence of City or its agents, contractors, or subcontractors. Section 1.20. Notice, Cooperation, and Expenses In the event that a claim is made against the City resulting from and/or pertaining to any act or omission of the Franchisee, its personnel, employees, agents, contractors, subcontractors, or designees, the following shall apply: 1. City shall give Franchisee prompt notice of any claim or the commencement of any action, suit, or other proceeding covered by the provisions of this section. 2. City shall cooperate with Franchisee and may participate in the defense of any litigation by City's own counsel, at City’s own expense. 3. To the extent Franchisee has asked City to participate in the defense of litigation, or to the extent Franchisee has refused to defend, indemnify, and hold harmless the City, Franchisee shall pay all expenses incurred by City defending itself with regard to any such actions, suits, or proceedings. These expenses shall include all out-of-pocket expenses, such as reasonable attorney fees, and shall also include the reasonable value of any services rendered by or on behalf of the City Attorney, and the actual expenses of City's agents, employees, or expert witnesses, and disbursements and liability assumed by City in connection with such suits, actions, or proceedings. Section 1.21. Assignment Franchisee's right, title, or interest in the Franchise shall not be sold, transferred, assigned, or otherwise encumbered, other than to an entity controlling, controlled by, or under common control with Franchisee or in connection with the corporate reorganization authorized by the South Dakota Public Utilities Commission (Docket No. GE22-002), without the prior consent of City, with consent not to be unreasonably withheld. No consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of Franchisee in the Franchise in order to secure indebtedness. Within 30 days of receiving a request for transfer, City shall notify Franchisee in writing of any additional information it reasonably requires to determine the legal, financial, and technical qualifications of the transferee. Agreement No. 23-005 Page | 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Franchisee shall reimburse the City for costs and expenses for any proposed transfer of this Agreement. At the City’s request, the Franchisee shall reimburse the City for reasonable expenses incurred with respect to any proposed transfer of this Agreement, including, without limitation, attorney fees, consultant fees, publication of notices and ordinances, and copying of documents in connection with a proposed transfer of this Agreement. Section 1.22. Municipal Authority Franchisee agrees that all authority and rights in this Agreement shall at all times be subject to all rights, power, and authority now or hereafter possessed by City, to regulate, control and direct, or otherwise by ordinance or resolution legislate concerning the manner in which Franchisee shall use the Public Way. Section 1.23. Termination Either City or Franchisee ("party") may terminate this Franchise if the other party shall be materially in breach of its provisions. Upon the occurrence of a material breach, the non-breaching party shall provide the breaching party with notification by certified mail specifying the alleged breach. The breaching party shall have 60 days to cure the breach, unless it notifies the non-breaching party, and the parties agree upon a shorter or longer period to cure the breach. If the breaching party is not in compliance after the expiration of the designated time period, the non-breaching party may, after affording the breaching party a reasonable opportunity to be heard, terminate this Agreement; provided, however, that if any failure to comply cannot with reasonable and appropriate efforts by the breaching party be corrected within the designated time period, the non-breaching party shall reasonably extend that period upon appropriate representations and assurances by the breaching party that corrections are being made. Such extension will not be considered or deemed a waiver by the non-breaching party of any such lack of compliance. The non-breaching party may allow continuation of this Agreement for as long as it deems appropriate, despite a breach or forfeiture as described herein, in order to ensure continuation of service to consumers; such continuation of the arrangement will not be deemed a waiver of the City’s right to terminate pursuant to this paragraph. Agreement No. 23-005 Page | 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A party shall not be considered to be in breach of this Franchise if it has operated in compliance with local, state, or federal law. A party shall not be considered to have breached this Franchise if the alleged breach is the result of the actions of a third party or the other party. Section 1.24. Dispute Resolution If either party to this Franchise asserts that the other party is in default in the performance of any obligation imposed by it, the complaining party shall notify the other party in writing of the default and the desired remedy. The parties shall meet and attempt in good faith to negotiate a resolution of the dispute. If the parties are unable to resolve the dispute within 60 days of the initial notification, City and Franchisee may agree to seek non-binding mediation before litigation. All parties must agree to the mediator and all parties agree to equally share the cost of the mediation. Mediation shall be completed within One Hundred and Eighty (180) Days from initial notification of the dispute and request for mediation. If the parties are still unable to resolve the dispute or choose not to pursue mediation, either party may commence an action in circuit court to interpret and enforce this Franchise, or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. Section 1.25. Venue This Franchise Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the state of South Dakota without regard to its choice of law provisions. Jurisdiction and venue of any legal proceeding involving the parties in connection with this Franchise will lie exclusively with the state courts located in Brookings County, South Dakota. Section 1.26. Franchise Amendable This Franchise Agreement may not be enlarged, modified, or altered unless approved by the governing body in accordance with law and by written acceptance by Franchisee pursuant to Section 1.32 below. Section 1.27. Notices All notices and communications pursuant hereto shall be deemed validly given, served, or delivered, upon delivery in person or by courier service, and if mailed upon three (3) days after deposit Agreement No. 23-005 Page | 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in the United States mail, certified and with proper postage and certified fee prepaid, addressed as follows: CITY FRANCHISEE City of Brookings NorthWestern Corporation Attn: Public Works Director Attn: District Manager 520 3rd Street, Suite 230 1232 22nd Avenue Brookings, SD 57006 Brookings, SD 57006 or to such other address as the addressee may designate in writing by notice to the other party delivered in accordance with the provisions of this paragraph. Section 1.28. No Right of Property Anything contained herein to the contrary notwithstanding, the award of this Franchise shall not impart to Franchisee any right of ownership of right-of-way or City-owned property. Section 1.29. Captions Captions and other headings contained in this Franchise Agreement are for reference and identification purposes only and in no way alter, modify, amend, limit, or restrict the contractual obligation of the parties hereto. Section 1.30. Compliance with Laws Franchisee agrees to conduct its business under the terms of this Agreement in such a manner that it does not violate any federal state or local laws or regulations, including the applicable regulations of the South Dakota Public Utilities Commission, in the conduct of its operations under the terms of this Franchise Agreement. Section 1.31. Validity of Franchise If any section, subsection, sentence, clause, phrase, or portion of this Franchise Agreement shall for any reason be held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. Agreement No. 23-005 Page | 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 1.32. Acceptance This Agreement and the rights and privileges herein granted shall become effective and binding upon its approval and passage in accordance with South Dakota law and the written acceptance by Franchisee. City shall provide Franchisee with an original signed copy of this Agreement within ten (10) days of its final passage. Franchisee shall, within thirty (30) days after City Council approval of this Agreement, file Franchisee's written acceptance of all the terms and provisions of this Agreement in the office of the City Clerk. Following City Council approval, this Agreement shall be published in accordance with the South Dakota state law. The effective date of the ordinance approving this Agreement shall be twenty (20) days after publication of the ordinance. In the event that Franchisee does not file its written acceptance of this Agreement within thirty (30) days after the City Council approves the Ordinance authorizing the Mayor to sign this Agreement, the Agreement shall be void and no effect. Section 1.33. Repeal Upon the effective date of the enabling ordinance, all prior natural gas franchises granted to the Franchisee to furnish natural gas to the City and its inhabitants are hereby repealed. /// /// /// /// /// /// /// /// /// /// /// /// /// Agreement No. 23-005 Page | 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ACKNOWLEDGEMENT AND ACCEPTANCE OF AGREEMENT CITY OF BROOKINGS, SOUTH DAKOTA Dated this __ day of ________ , 2023. City of Brookings __________________________________ Oepke G. 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 Page | 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ACKNOWLEDGEMENT AND ACCEPTANCE OF AGREEMENT NORTHWESTERN CORPORATION, DOING BUSINESS AS NORTHWESTERN ENERGY Dated this __ day of ________ , 2023. NorthWestern Corporation _______________________________________ Printed Name _______________________________________ Title _______________________________________ Signature City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 23-003,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 Examples Drone Images Peer City Comparisons 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 Examples Drone Images Peer City Comparisons Ordinance 23-003 An Ordinance amending Chapter 94, Article VI, Division 4, Sec. 94-432 for the purposes of amending the minimum required parking spaces. Be It Ordained by the Governing Body of the City of Brookings, South Dakota that the Subdivision Regulations be amended as follows: I. ARTICLE IV. – DISTRICT REGULATIONS That the following sections of Article VI, Division 4 of the Zoning Regulations shall be amended to read as follows: Sec. 94-433. Off-street parking requirements. (a) In all districts, in connection with every residential, commercial, industrial or any other use, off-street parking shall be provided and maintained in the manner set forth in this section. For any new building constructed, any new establishment, any addition or enlargement of an existing building or use, any change in the occupancy type as defined in this chapter and any change in the manner in which a use is conducted, there shall be sufficient off -street parking as required by this section. Whenever applicable, the following equivalent shall be used: one seat = two feet of lineal bench seating capacity. Parking space dimensions and parking lot layout and design shall conform to the requirements of this chapter and/or generally accepted architectural standards and guidelines from the American Institute of Architects. (b) B-1 Central Business District. All uses within the area defined as the B -1 Central Business District as designated on the official zoning map shall not be required to provide off-street parking. Exception: For any building or use that would be required to have in excess of 75 parking spaces based on the requirements of this subsection (b), the additional off-street parking spaces shall be provided within 300 feet of the building or use. (c) All other zoning districts. (1) Single-family dwelling or townhouse: Two spaces for each dwelling unit. Each garage stall shall be considered one parking space. (a) Two-family dwelling: One space for each bedroom. Each garage stall shall be considered one parking space. (2) Apartment building or unit group of buildings: One space for each bedroom plus ten (10%) percent of the total dwelling units, exclusive of garages. Exception. An attached garage that is an integral part of the dwelling unit shall be counted for purposes of meeting the parking requirements. (a) Condominium: Two spaces for each dwelling unit plus one space for each bedroom in excess of two bedrooms in each dwelling unit, exclusive of garages. 1. Exception: Each parking space within an attached garage that is an integral part of the dwelling unit shall be counted for purposes of the parking requirements. (3) [Reserved.] (4) Apartments for the elderly or congregate care facility. One space for each unit. (5) Retirement home, nursing home, assisted living facility or similar institution where no rooms or units are independent or self-contained. One space for each three units. (6) Hospital. One space for each three beds plus one space for each employee on maximum working shift plus one space for each service vehicle. (7) Boardinghouse, fraternity or sorority. One space for each occupant. (8) Church. One space for each five seats in the main seating area. (9) Funeral home. Five spaces or one space for each four seats in the chapel, whichever is greater. (10) Major home occupation. Two spaces. (11) Retail, general merchandise, discount store, gas dispensing station, supermarket, personal service store, personal health service (excluding health clubs), medical clinic, coffee house: One space for each 200 square feet of gross floor area for the first 5,000 square feet and one space for each 600 square feet thereafter. (12) Telemarketing operations, private clubs, health clubs and similar indoor recreational facilities and amusement establishments. One space for each 200 square feet of gross floor area (see stacking). (a)Eating and drinking establishment: One space for each 200 square feet of gross floor area. (b)Indoor water park: One space for each 250 square feet of gross floor area. (13) Campground. One space/campsite plus accommodations for over-sized vehicles. (14) Business and professional offices, banks or dental clinic. One space for each 500 square feet of gross floor area (see stacking). (15) Auditorium, auction house, convention center, theater or other places of public assembly. One space for each four seats and/or one space for every 50 square feet of floor area without fixed seating. (16) Airport. One space for each four seats in waiting area plus one for each five aircraft storage areas plus two spaces for each three employees on l argest shift. (17) Hotel or motel. Five spaces plus one space for each sleeping room or suite. (a) Hotel, extended stay: One space for each suite or unit and one for each employee. (18) Bed and breakfast. One space for each guest room plus two for the p roprietor. (19) Industrial and/or manufacturing, assembling, processing, warehousing and similar uses. One space for each two employees on the maximum working shift, plus space to accommodate all trucks and other vehicles used in connection therewith. (20) Animal hospital, kennel. Five spaces plus one for each employee. (21) Community center, or similar public or semi-public building. Ten spaces plus one additional space for each 300 square feet of gross floor area in excess of 2,000 square feet. (22) Library. One space for every 500 square feet of gross floor area. (23) Museum, art gallery. Six spaces plus one additional space for each 400 square feet of gross floor area in excess of 2,000 square feet. (24) Automatic car wash. One space for each employee, together with compliance with the requirements of section 94-434 (stacking). (25) Self-serve car wash. (See stacking). (26) Bowling alley. Four spaces for each lane. (27) Athletic field/facility. Twenty spaces for each field or one for each four seats, whichever is greater. (28) Day care facility. Two spaces plus one space for each care provider (see stacking). (29) Motor vehicle repair shop, auto sales or similar use. Two spaces for each service bay plus one space for each employee. (30) Auto parts store, furniture store, household appliance store, flooring/carpet store, plumbing store, building supply store, service store. One space for every 600 square feet of gross floor area. (31) Fire station. Five spaces plus one space for each front line apparatus. (32) School. (a) High school: One parking space for each three students based on the building's design capacity plus one space for each teacher or staff person. (b) Junior high school: One space for each 12 students based on the building's design capacity plus one space for each teacher and staff person. (c) Elementary school: Five spaces plus one for each teacher and staff person based on the building's design capacity. (33) The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of a similar nature. III. All ordinances and parts of ordinances in conflict herewith are hereby repealed. First Reading: January 24, 2023 Second Reading: February 14, 2023 Published: March 3, 2023 CITY OF BROOKINGS, SD _______________________________ Oepke “Ope” Niemeyer, Mayor ATTEST: ___________________________________ Bonnie Foster, City Clerk Ordinance 23-003 An Ordinance amending Chapter 94, Article VI, Division 4, Sec. 94-432 for the purposes of amending the minimum required parking spaces. Be It Ordained by the Governing Body of the City of Brookings, South Dakota that the Subdivision Regulations be amended as follows: I. ARTICLE IV. – DISTRICT REGULATIONS That the following sections of Article VI, Division 4 of the Zoning Regulations shall be amended to read as follows: Sec. 94-433. Off-street parking requirements. (a) In all districts, in connection with every residential, commercial, industrial or any other use, off-street parking shall be provided and maintained in the manner set forth in this section. For any new building constructed, any new establishment, any addition or enlargement of an existing building or use, any change in the occupancy type as defined in this chapter and any change in the manner in which a use is conducted, there shall be sufficient off -street parking as required by this section. Whenever applicable, the following equivalent shall be used: one seat = two feet of lineal bench seating capacity. Parking space dimensions and parking lot layout and design shall conform to the requirements of this chapter and/or generally accepted architectural standards and guidelines from the American Institute of Architects. (b) B-1 Central Business District. All uses within the area defined as the B -1 Central Business District as designated on the official zoning map shall not be required to provide off-street parking. Exception: For any building or use that would be required to have in excess of 75 parking spaces based on the requirements of this subsection (b), the additional off-street parking spaces shall be provided within 300 feet of the building or use. (c) All other zoning districts. (1) Single-family dwelling or townhouse: Two spaces for each dwelling unit. Each garage stall shall be considered one parking space. (a) Two-family dwelling: Two (2) spaces for each dwelling unit and one additional space for each dwelling unit with three (3) or more bedrooms. One space for each bedroom. Each garage stall shall be considered one parking space. (2) Apartment building or unit group of buildings containing not more than 24 units: Two spaces for each dwelling unit plus one space for each bedroom in excess of one bedroom in each dwelling unit One space for each bedroom plus ten (10%) percent of the total dwelling units, exclusive of garages. Exception. An attached garage that is an integral part of the dwelling unit shall be counted for purposes of meeting the parking requirements. (a) 1Apartment building or unit group of buildings containing more than 24 units: The minimum parking spaces required, exclusive of garages, are as follows: a. 1.5 spaces for an efficiency or one-bedroom dwelling unit. b. 2.25 spaces for a two-bedroom dwelling unit. c. 3.25 spaces for a three-bedroom dwelling unit. d. One space for each bedroom in a dwelling unit containing four or more bedrooms. Exception. An attached garage that is an integral part of the dwelling unit shall be counted for purposes of meeting the parking requirements. (b) Condominium: Two spaces for each dwelling unit plus one space for each bedroom in excess of two bedrooms in each dwelling unit, exclusive of garages. 1. Exception: Each parking space within an attached garage that is an integral part of the dwelling unit shall be counted for purposes of the parking requirements. (3) [Reserved.] (4) Apartments for the elderly or congregate care facility. One space for each unit. (5) Retirement home, nursing home, assisted living facility or similar institution where no rooms or units are independent or self-contained. One space for each three beds units plus one space for each two employees. (6) Hospital. One space for each three beds plus one space for each employee on maximum working shift plus one space for each service vehicle. (7) Boardinghouse, fraternity or sorority. One space for each occupant. (8) Church. One space for each five seats in the main seating area. (9) Funeral home. Five spaces or one space for each four seats in the chapel, whichever is greater. (10) Major home occupation. Two spaces. (11) Retail, general merchandise, discount store, gas dispensing station, supermarket, personal service store, personal health service (excluding health clubs), medical clinic, coffee house: One space for each 200 square feet of gross floor area for the first 50,000 5,000 square feet and one space for each 300 600 square feet thereafter. (12) Telemarketing operations, private clubs, health clubs and similar indoor recreational facilities and amusement establishments. One space for each 100 200 square feet of gross floor area (see stacking). (a)Eating and drinking establishment: One space for each 100 200 square feet of gross floor area excluding floor areas dedicated permanently for mechanical rooms, stock rooms and coolers. (b)Indoor water park: One space for each 250 square feet of gross floor area. (13) Campground. One space/campsite plus accommodations for over-sized vehicles. 1Editor's note(s)—Ord. No. 06-14 , § 2, adopted March 25, 2014, set out provisions adding subsection (c)(2b). For purposes of classification, these provisions have been added as (c)(2a), and former subsection (c)(2a) has been renumbered as (c)(2b), at the editor's discretion. (14) Business and professional offices, banks or dental clinic. Five spaces plus one additional One space for each 400 500 square feet of gross floor area over 1,000 square feet (see stacking). (15) Auditorium, auction house, convention center, theater or other places of public assembly. One space for each four seats and/or one space for every 50 square feet of floor area without fixed seating. (16) Airport. One space for each four seats in waiting area plus one for each five aircraft storage areas plus two spaces for each three employees on largest shift. (17) Hotel or motel. Five spaces plus one space for each sleeping room or suite. a. Hotel, extended stay: One space for each suite or unit and one for each employee. (18) Bed and breakfast. One space for each guest room plus two for the proprietor. (19) Industrial and/or manufacturing, assembling, processing, warehousing and similar uses. Two One spaces for each three two employees on the maximum working shift, plus space to accommodate all trucks and other vehicles used in connection therewith. (20) Animal hospital, kennel. Five spaces plus one for each employee. (21) Community center, or similar public or semi-public building. Ten spaces plus one additional space for each 300 square feet of gross floor area in excess of 2,000 square feet. (22) Library. One space for every four seats 500 square feet of gross floor area. (23) Museum, art gallery. Six spaces plus one additional space for each 400 square feet of gross floor area in excess of 2,000 square feet. (24) Automatic car wash. One space for each employee, together with compliance with the requirements of section 94-434 (stacking). (25) Self-serve car wash. (See stacking). (26) Bowling alley. Four spaces for each lane. (27) Athletic field/facility. Twenty spaces for each field or one for each four seats, whichever is greater. (28) Day care facility. Two spaces plus one space for each care provider (see stacking). (29) Motor vehicle repair shop, auto sales or similar use. Two spaces for each service bay plus one space for each employee. (30) Auto parts store, furniture store, household appliance store, flooring/carpet store, plumbing store, building supply store, service store. One space for every 500 600 square feet of gross floor area. (31) Fire station. Five spaces plus one space for each front line apparatus. (32) School. (a) High school: One parking space for each three students based on the building's design capacity plus one space for each teacher or staff person. (b) Junior high school: One space for each 12 students based on the building's design capacity plus one space for each teacher and staff person. (c) Elementary school: Five spaces plus one for each teacher and staff person based on the building's design capacity. (33) The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of a similar nature. III. All ordinances and parts of ordinances in conflict herewith are hereby repealed. First Reading: January 24, 2023 Second Reading: February 14, 2023 Published: CITY OF BROOKINGS, SD _______________________________ Oepke “Ope” Niemeyer, Mayor ATTEST: ___________________________________ Bonnie Foster, City Clerk 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 RE V I EW ON L Y 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 40'ROWF:\20977-01\Design Phase\CADD\Sheet File\The Landing LSRD.dwg;2/22/2023 10:35 AM RE V I EW ON L Y 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: 1.855.323.6342JDBJDBJLUJANUARY 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. Concept Plan .. .. 82 .. • • " 0 0 0 � ., .. 108 ,,, I I ,. �10G... ... .. 11 GROCERY BOX 71 13 ' 101 100 / ' ' 117 ... 127 , ... ,,. 111 111 ... ... , .. .. I .. I II 121 111 ' / , I I -------- I I­=> 0 (f) w => z w I� >-0:: w � --------\ • !• I j I I JL 1 -------,, ds TREET sOUm. ------------------------------� PRAIRIE HILLS DEVELOPMENT BROOKINGS, SD SCALE:1"=200' I I I 0' 100' 200' 400'1 E8 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 powered by Legistar™ 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. Loca tion Ma p GAS GASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASCTV CTV CTV CTV CTV CTV CTV CTV CTV E E E E E E E E E E E E FO FO FO FO FO FO FO FO FO FO FO RC P RC P MHMHMHMHMH1635163516301635 1630163416311635163616341633163516321629163516361636MHECCCEEECCC8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W12'' SS12'' SS12'' SS12'' SS8'' SS 6'' W 6'' W 8'' SS 6'' W8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS6'' SS 6'' SS 6'' SS 6'' SS 4'' SS 1630 1632 1 6 3 3 16 31 16341634163416341632 1631163316321637 1636 1634 1633Lots 50, 51, and51A of SiouxVillage of IndianHills AdditionLot 52 of Sioux Villageof Indian Hills AdditionLot 56 of Wahpeton Villageof Indian Hills AdditionLot 53A of Sioux Villageof Indian Hills AdditionLot 53B of Sioux Villageof Indian Hills AdditionLot 53C of Sioux Villageof Indian Hills AdditionLot 53 of Sioux Vi l lageof Indian Hil ls AdditionLot 33 of Wahpeton Villageof Indian Hills AdditionLot 34C of OnakaVillage of IndianHills Additionof No:Sheet No:609 Main Ave SBrookings, SD605-696-3200Date:Scale:Checked By:Drawn By:CDI Project No.CAD Filename:BBG Sioux VillagePreliminary Design2022-198CDBAEK1" = 100'12/29/202214Preliminary PlatNORTH500100Scale: 1" = 100'2550ANDREW E.KANGAS10400 REG. NO.SOUTH DAKOTA PRELIMINARY25.0'Property Line SetbackLot 53D2.32 Acres or101,353 Sq Ft10.0'Property LineSanitary SewerWaterLEGENDWWSSSSExisting Contours1620LEGAL DESCRIPTIONLot 53 of Sioux Village of Indian Hills Addition, ExcludingLots 53A, 53B and 53C Thereof, All in the City ofBrookings, South Dakota.Developer:Brookings Built Green120 Main Avenue SouthBrookings, SD 57006(605) 691-1933Surveyor:Civil Design Inc.Andrew Kangas609 Main Avenue SouthBrookings, SD 57006(605) 696-3200Drainage Arrow2 0 8 . 5 '36.6'88.3'114.7'53.4'284.6'242.5'24.7'8.7'WillowTrail LLCCrystal Ridge RoadTrai l R i d g e R o a d 70. 0 ' R . O . W .22.0' ProposedEntranceProposed DetentionPond GASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASRCPMHMHMH163516351635 1634163516361634163316351632163516361636ECCC8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W8'' SS 8'' SS 8'' SS 6'' W 6'' W 6'' W 6'' W 6'' W 1632 1 6 3 3 -1.63%-0.74%-1.52%-2 . 22%-0.65%-1. 1 5 %-1.00%-1.42%- 2 . 0 1 % -1 . 7 2 % -0.39%16341634163416341632 163316321637 1636 1634 1633EL: 1636.47EL: 1635.62EL: 1635.88EL: 1635.88EL: 1635.82EL: 1635.51EL: 1634.99EL: 1634.88EL: 1634.13EL: 1634.76EL: 1635.84EL: 1636.21EL: 1636.44EL: 1636.21EL: 1635.15EL: 1634.00EL: 1634.88EL: 1632.92EL: 1633.43EL: 1635.50EL: 1635.50EL: 1636.50EL: 1637.00EL: 1635.85EL: 1633.80EL: 1636.44S S of No:Sheet No:609 Main Ave SBrookings, SD605-696-3200Date:Scale:Checked By:Drawn By:CDI Project No.CAD Filename:BBG Sioux VillagePreliminary Design2022-198CDBAEK1" = 50'12/29/202224Preliminary Grading PlanNORTH25050Scale: 1"=50'12.525ANDREW E.KANGAS10400 REG. NO.SOUTH DAKOTA PRELIMINARYProposed Outlet StructureProposed DetentionPond 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 powered by Legistar™ 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