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2024_12_17 CC PKT
City Council City of Brookings Meeting Agenda - Final Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers5:00 PMTuesday, December 17, 2024 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. 5:00 PM EXECUTIVE SESSION 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Action to approve the agenda. 4. Executive Session Executive Session, pursuant to SDCL 1-25-2.1, for the 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. ID 24-05974.A. Action: Motion to enter into Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote 5:30 PM STUDY SESSION Update: 3M/Solventum PFAS Mitigation PlanID 24-05335.A. Memo Presentation Attachments: Update: Emerald Ash BorerID 24-06175.B. Page 1 City of Brookings December 17, 2024City Council Meeting Agenda - Final Memo Presentation Attachments: Update: Brookings Inclusive Play ProjectID 24-06185.C. Memo Sponsorship Catalog Presentation Attachments: 6:00 PM REGULAR MEETING (Not to begin prior to 6:00 p.m.) 6. 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. 7. 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. Action to approve City Council meeting minutes.ID 24-05927.A. 12/10/2024 MinutesAttachments: Action on Volunteer Board, Committee, and Commission appointments (10 boards, and 31 seats). ID 24-05967.B. Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol license holders. ID 24-06167.C. Memo SDCL 35-4-124 Attachments: Action on Federal Highway Administration (FHWA) Urban Boundary for the City of Brookings. ID 24-06147.D. Memo 2024 Urban Boundary Map 2014 Urban Boundary Map Attachments: Page 2 City of Brookings December 17, 2024City Council Meeting Agenda - Final Action on Resolution 24-116, a Resolution declaring surplus property for the City of Brookings. RES 24-1167.E. Memo Resolution Attachments: 8. Presentations/Reports: Mayor’s State of the City Address.ID 24-06198.A. Memo Presentation Attachments: 9. Contracts/Change Orders: Action on a Legal Services Agreement between the City of Brookings and Steven J. Britzman, Attorney at Law, for a one-year contract (01/01/2025 - 12/31/2025). ID 24-06129.A. Memo 2025 Agreement Attachments: Action: Motion, Request Public Comment, Roll Call Action on Resolution 24-115, a Resolution Awarding Bids on Project 2024-04STI 12th Street South Intersection and Main Avenue South Signal and Sidewalk Ramp Reconstruction. RES 24-1159.C. Memo Resolution Map Attachments: Action: Motion, Request Public Comment, Roll Call 10. 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. Introduction and First Reading Rezone on Ordinance 24-038, an Ordinance to change the Zoning within the City of Brookings. Public Hearing and Action: January 14, 2025. ORD 24-03810.A. Page 3 City of Brookings December 17, 2024City Council Meeting Agenda - Final Memo Ordinance Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Petition to Rezone Location Map Zoning Map Future Land Use Map Attachments: 11. Public Hearings and Second Readings: Public Hearing and Action on Resolution 24-111, a Resolution of Intent to Lease Real Property at Brookings Airport to Madison Aircraft LLC & Dakota Jet Company. RES 24-11111.A. Memo Resolution Notice Location Map Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Public Hearing and Action on Resolution 24-114, a Resolution to Amend the 2040 Comprehensive Plan’s Future Land Use Map. RES 24-11411.B. Memo Resolution Hearing Notice - City Council Hearing Notice - Planning Commission Minutes Planning Commission Minutes Future Land Use Map Exhibits Attachments: Action: Motion, Open & Close Public Hearing, Roll Call 12. Other Business: Action on a Preliminary Plat of Lot 53E, 53F and 53G of Sioux Village of Indian Hills Addition. ID 24-061312.A. Page 4 City of Brookings December 17, 2024City Council Meeting Agenda - Final Memo Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Location Map Preliminary Plat Zoning Map Future Land Use Map Attachments: Action: Motion, Request Public Comment, Roll Call Action on Resolution 24-113, a Resolution Transferring Contingency Funds to City Departments. RES 24-11312.B. Memo Resolution Attachments: Action: Motion, Request Public Comment, Roll Call City of Brookings Progress Report.ID 24-060413. PresentationAttachments: 14. 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. 15. Executive Session Executive Session, pursuant to SDCL 1-25-2.1, for the 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. ID 24-060315.A. Action: Motion to enter into Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote Action on Resolution 24-117, a Resolution Amending the City Manager’s Contract for 2025. RES 24-11716. Memo Resolution City Manager Contract - 2024 2018 Employment Agreement Attachments: Action: Motion, Request Public Comment, Roll Call 17. Adjourn. Page 5 City of Brookings December 17, 2024City Council Meeting Agenda - Final Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Holly Tilton Byrne, Bonny Specker, Brianna Doran, Andrew Rasmussen 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), or 2) participate remotely. 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 Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm (Swiftel Channel 20 / MediaCom Channel 9) 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 24-0597,Version:1 Executive Session, pursuant to SDCL 1-25-2.1, for the 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. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1)Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; 2)Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3)Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4)Preparing for contract negotiations or negotiating with employees or employee representatives; 5)Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or 6)Discussing information pertaining to the protection of public or private property and any person on or within public or private property specific to: a.Any vulnerability assessment or response plan intended to prevent or mitigate criminal acts; b.Emergency management or response; c.Public safety information that would create a substantial likelihood of endangering public safety or property, if disclosed; d.Cyber security plans, computer, communications network schema, passwords, or user identification names; e.Guard schedules; f.Lock combinations; g.Any blueprint, building plan, or infrastructure record regarding any building or facility that would expose or create vulnerability through disclosure of the location, configuration, or security of critical systems of the building or facility; and h.Any emergency or disaster response plans or protocols, safety or security audits or reviews, or lists of emergency or disaster response personnel or material; any location or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other military or law enforcement equipment or personnel. However, any official action concerning the matters pursuant to this section shall be made at an open official meeting. An executive or closed meeting must be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents City of Brookings Printed on 12/12/2024Page 1 of 2 powered by Legistar™ File #:ID 24-0597,Version:1 an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1; SL 2022, ch 4, § 2. City of Brookings Printed on 12/12/2024Page 2 of 2 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 24-0533,Version:1 Update: 3M/Solventum PFAS Mitigation Plan Summary and Recommended Action: In September of 2023, 3M presented all available information regarding the PFAS leakage from the Brookings Plant. The City Council requested an update of current mitigation efforts in 2024. 3M and Solventum representatives will present known information about the existing leakage, testing, and mitigation plan. Attachments: Memo Presentation City of Brookings Printed on 12/12/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Samantha Beckman, Assistant to the City Manager Council Meeting: December 17, 2024 Subject: Update: 3M/Solventum PFAS Mitigation Plan Presenter: Jim Burkhardt, Solventum Plant Director Summary and Recommended Action: In September of 2023, 3M presented all available information regarding the PFAS leakage from the Brookings Plant. The City Council requested an update of current mitigation efforts in 2024. Item Details: 3M and Solventum representatives will present known information about existing PFAS leakage, ongoing testing efforts, and any updates to their mitigation plans for the Brookings Plant. Legal Consideration: None. Strategic Plan Consideration: Sustainability – The City of Brookings will meet environmental, community and economic desires and needs without compromising future generations’ quality of life by strategically planning, implementing and maintaining infrastructure and facilities. Financial Consideration: None. Supporting Documentation: Presentation 3M Brookings, Soiland Ground Water Assessment December 2024 Update Site Assessment With approval of DANR conducted: •Quarterly monitoring at on- and off-site groundwater wells •Additional soil, stormwater, and surface water sampling •Report submitted to DANR, City, and BMU onNovember 14, 2024 © 3M 2024.All Rights Reserved.3M Confidential.2 Key Points: •Groundwater flow direction is radial, reflecting topography •Highest PFAS concentrations were detected on the west side of the plant on Solventum property •Environmental consulting firm developed recommended nextsteps Assessment Results © 3M 2024.All Rights Reserved.3M Confidential.3 Offsite Surface Water Assessment Key Points: •Offsite surface water sampled in gravelpit, golf course,stormwater ponds •Partnering with SD DANR on nextsteps © 3M 2024.All Rights Reserved. 3M Confidential.4 Next Steps © 3M 2024.All Rights Reserved.3M Confidential.5 •Install aninterimstormwater treatment systemnear22 nd Ave.west of plant •Develop a focused soil sampling and removal plan •Continued quarterly groundwater monitoring of existing onsite & offsite wells •Submittal of an annualgroundwater monitoring report to summarize on-going assessments and monitoring •Continue to work with SD DANR, BMU and city of Brookings Interim Stormwater Collection and Treatment StormwaterTreatment •Removing approximately 4500 cubic yards •Toptwo feet fromarea highlighted in green •Disposal at SKB landfill in Rosemount, MN •Collect and treat stormwater from this outfall before discharge •Reviewed with and approved by SD DANR © 3M 2024.All Rights Reserved. 3M Confidential.6 3M & Solventum Contact Information © 3M 2024.All Rights Reserved. 3M Confidential.7 Contact Information: 3M Comms Links:https://pfas.3m.com oremail 3Mnews@mmm.com Email questionstoSolventumComms email:News@Solventum.com SD DANR Website:Department of Agriculture & Natural Resources 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 24-0617,Version:2 Update: Emerald Ash Borer Summary and Recommended Action: Staff will provide updates and a status report on the Emerald Ash Borer to include 2024 actions, 2025 focus areas, Urban Forestry Program, what residents should do, and additional resources. Attachments: Memo Presentation City of Brookings Printed on 12/12/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Kristin Zimmerman, Parks, Recreation & Forestry Director Council Meeting: December 17, 2024 Subject: Update: Emerald Ash Borer Presenter: Kristin Zimmerman, Parks, Recreation & Forestry Director Summary and Recommended Action: Staff will provide updates and a status report on the Emerald Ash Borer to include 2024 actions, 2025 focus areas, Urban Forestry Program, what residents should do, and additional resources. Item Details: 2024 Progress Highlights: Staff & Resources: o 4 full-time forestry staff, including 2 ISA-certified arborists. o Maintenance of 20,000+ public trees with a budget of $440,523. o Acquisition of ArborJet system for in-house tree injections. Key Achievements: o Continued education on Emerald Ash Borer (EAB) since its confirmation in Brookings. o Tree City USA recognition since 1982. o Urban Forestry Program launched in 2021. o Removal of 2,370 trees, planting/transplanting of 340 trees, and 200+ tree treatments in 2024. Winter 2024/2025 Focus Areas: Ash tree removals in Orchard Drive, Derdall Drive, and 17th Avenue South. Notifications sent to homeowners with impacted trees. GIS-based tracking and an online interactive map for progress updates. 2025 Plans and Incentives: $25,000 allocated for resident incentives: o Up to $175 credit per address for tree planting or treatment. o Encouragement to plant diverse tree species. Treatment focus in Area Zone #4. Guidance for Residents: Plan for removal or treatment of ash trees (up to 80% expected to die within five years). Remove ash trees between Labor Day and Memorial Day for safety. Contact certified arborists for removal and pest applicators for treatment. Additional resources and information available via City of Brookings and South Dakota EAB websites. Next Steps: Continued outreach and public engagement. Ongoing forestry management and tracking of EAB impact. For more information, residents are encouraged to contact the Parks, Recreation, and Forestry Department or visit the City of Brookings forestry page. Strategic Plan Consideration: Sustainability – The City of Brookings will meet environmental, community and economic desires and needs without compromising future generations’ quality of life by strategically planning, implementing and maintaining infrastructure and facilities. Attachments: Presentation Emerald Ash Borer Forestry Progress 2024 •4 Full-time staff, (2) ISA Certified Arborists •Maintenance of over 20,000 public trees •2024 Budget of $440,523 •In 2024, we purchased an ArborJet system to allow for in-house tree injections. •Tree City USA since 1982 •Public Emerald Ash Borer education started in 2018, ramping up in 2024 with the confirmed case •Urban Forestry Program began in 2021 Forestry Snapshot Public Ash Trees in Brookings Map •340 Trees planted or transplanted •2,370 trees removed ‣220 Public Trees ‣650 Ash Trees near McClemans Park ‣1,500 Ash Trees Edgebrook Golf Course shelter belt •2024 Trimming Projects •Tree Treatments ‣150 Soil Injections ‣59 Tree Injections ‣200 Foliar Treatments 2024 Completed Tasks •Remove Ash Trees in and around Arrowhead Park, residents were notified of the work being completed. •Continue the tree work between 7th Avenue South and Medary Avenue, just south of Pheasant Run Winter 2024/2025 Focus Areas 2025 –Treatment Area Zone #4 •Forestry Crews will be focusing around the Orchard Drive, Derdall Drive, and 17th Avenue South areas ‣removing ash trees ‣treating a few select ash trees ‣Notification of homeowners with impacted trees •GIS Tracking and Interactive Map available online for homeowners to track progress. Planned Focus for 2025 •$25,000 allocated for resident incentive •Up to $100 credit to plant a tree and an additional $25 for a tree planted in the front yard, one per address •$50 credit towards an injection of an ash tree, one per address •Maximum credit $175 per address 2025 Urban Forestry Program •Within the next 5 years close to 80% of ash trees will be dead or removed •Treatment or removal plan for all ash trees on your property •Contact a local certified arborist for removals and certified pest applicators for treatment •Ash Trees should be removed between Labor Day and Memorial Day •Plant a diverse species of trees, talk with your neighbors What Should Residents Do? •South Dakota Department of Agriculture and Natural Resources ‣https://emeraldashborerinsouthdakota.sd.gov/ •City of Brookings Forestry Page ‣https://www.cityofbrookings-sd.gov/Forestry •Tree List –available at the City County Government Center Call the Parks, Recreation and Forestry Department at 605-692-2708 for more information Additional Resources Questions? 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 24-0618,Version:1 Update: Brookings Inclusive Play Project Summary and Recommended Action: Staff will provide updates and a status report on the Brookings Inclusive Play Project to include project highlights, fundraising, call to action, and next steps. Attachments: Memo Sponsorship Catalog Presentation City of Brookings Printed on 12/12/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Kristin Zimmerman, Parks, Recreation & Forestry Director Council Meeting: December 17, 2024 Subject: Presentation: Brookings Inclusive Play Project Update Presenter: Kristin Zimmerman, Parks, Recreation & Forestry Director Summary and Recommended Action: Staff will provide updates and a status report on the Brookings Inclusive Play Project to include project highlights, fundraising, call to action, and next steps. Item Details: Project Highlights: A planned 11,000 square-foot inclusive playground featuring: o Phase One: Playground, splash pad, restrooms. o Future Phases: Mini-pitch futsal court, fitness equipment, electronic playground features, shelters, pavilions, and enhanced trail connectivity. Fundraising Progress: Funds Raised: o $20,000 in donations committed. o $900,000 in CIP (Capital Improvement Program) funds allocated. Efforts: o Fundraising catalog developed and distributed. o Outreach to community groups and businesses for project introductions. o Applications for grants specific to inclusive play and programming to be expanded in the upcoming year. Call to Action: Encourage community involvement through: o Volunteer opportunities. o Spreading awareness about the project. o Recognizing donors and businesses supporting the project. Legal Consideration: None Strategic Plan Consideration: Safe, Inclusive, Connected Community – The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment. Financial Consideration: None Attachments: Sponsorship Catalog Presentation Be a Hero for Inclusive Play Dear Community Member, Imagine a place in Brookings where every child, regardless of their abilities, can play, laugh, and grow together. This is the dream we have for our community - a dream we can achieve with your help. Currently, Brookings lacks a play space that accommodates children with disabilities. This means many children are missing out on the joy and benefits of playing alongside their peers, leading to feelings of isolation and limited opportunities for social interaction and physical activity. We are determined to change this by building an inclusive playground and splash pad. This will be more than just a play area; it will be a place where children of all abilities can come together, fostering an environment of inclusion, understanding, and joy. It will be a vibrant community hub where families can gather. build connections, and create lasting memories. Please help us fulfill the dreams of our community. Sincerely, Kristin Zimmerman Contact: Kristin Zimmerman, kzimmerman@cityofbrookings-sd.gov • 605-692-2708 Josh Bauman, jbauman@cityofbrookings-sd.gov • 605-692-2708 Brookings Inclusive Play Fund is a component fund of the Brooking Foundation. Send this form and check payable to Brookings Foundation with Inclusive Play Fund in memo. 1028 7th AvenueBrookings, South Dakota 57006info@brookingsfoundation.org “Play shapes the brain, opens the imagination, and invigorates the soul.” Stuart Brown, M.D. DONOR WALL Giving Clubs: Limit 25 characters, includes spaces. Logos are permitted for gifts over $25,000. World Cup $250,000 and above Champion $100,000 - $249,000 MVP $25,000 - $99,999 Captain $10,000 - $24,999 Midfielder $5,000 - $9,999 Goalkeeper $1,000 - $4,999 “Follow us on FB - Kiwanis Club of Springfield South Parks, Recreation & Forestry Department Brookings Park and Recreation www.cityofbrookings-SD.gov BROOKINGS FOUNDATION Our vision includes multiple phases – timeline is as funding allows. Phase 1: Inclusive play space, splash pad, restroom, and pump house. Phase 2: Fitness area, interactive soccer wall, Mini pitch soccer area Phase 3: Pavilion to host gatherings and birthday parties. One Playground, Many Dreams Parks, Recreation & Forestry Department Dream Big for Play BROOKINGS FOUNDATION Sponsorship items/sponsor names will be acknowledged near the play equipment. Maximum characters 25: Logos are permitted for gifts over $25,000. Only one available if not otherwise noted. Sponsorship on a first come, first served basis. Equipment Sponsorship $500,000 – Entire Play Space $300,000 – Splash Pad $250,000 – Custom Tree House $150,000 – Fitness Area (phase 2) $100,000 – Goal Area $75,000 – Soccer Wall (phase 2) $50,000 – Swing Area $30,000 – Music Area $25,000 – Double Disk Swing $20,000 – Inclusive Whirl $20,000 – Rox Saw See Saw $15,000 – Shadow Play $15,000 – Custom Sneaker Climber $10,000 – Shade (4 available) $5,000 – Bug Bench (4 available) $200,000 – Pavilion (phase 3) $5,000 – Leaf Bench (2 available) Contact: Kristin Zimmerman, kzimmerman@cityofbrookings-sd.gov • 605-692-2708 Josh Bauman, jbauman@cityofbrookings-sd.gov • 605-692-2708 Brookings Inclusive Play Fund is a component fund of the Brookings Foundation. www.cityofbrookings-SD.gov Send this form and check payable to Brookings Foundation with Inclusive Play Fund in memo.1028 7th Avenue.Brookings, South Dakota 57006info@brookingsfoundation.org We reserve the right to refuse and revoke sponsorship. (501C3 - All gifts are tax-deductible as allowed by law.) I want to be a part of this project! __________________________________________________________________________________________Name __________________________________________________________________________________________Company/Organization __________________________________________________________________________________________Address __________________________________________________________________________________________Phone number __________________________________________________________________________________________Email I want to (please check the appropriate box): ___Give a donation of $_________. ___I want my gift to remain anonymous and receive no promotion. ___Be a play equipment sponsor. I would like to sponsor____________________________. *First received donation will be given preference ___Be a member of one of the donor clubs and be included on the Donor Wall: _____ $250,000 and above – World Cup $___________ amount of donation _____$100,000- $249,000 – Champion $___________ amount of donation _____$25,000 - $99,999 – MVP $___________ amount of donation _____$10,000 - $24,999 – Captain $___________ amount of donation _____$5,000 - $9,999 – Midfielder $___________ amount of donation _____$1,000 - $4,999 – Goalkeeper $___________ amount of donation Inscription for Donor Wall. This is for donations starting at $1,000. Logos are permitted on gifts over $25,000. Please limit it to 25 characters, spaces and symbols count as characters: _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ ____Checks Payable and sent to: Brookings Inclusive Play Fund, 1028 7th Avenue, Brookings, South Dakota 57006 (501C3 - All gifts are tax-deductible as allowed by law.) ____Please invoice me. Email:_______________________________ Contact:________________________________ Parks, Recreation & Forestry Department BROOKINGS FOUNDATION Brookings Inclusive Play Project Progress •11,000 Square Foot Playground •Splash Pad •Restrooms •Mini-Pitch Futsal Court •Fitness Equipment •Trail Connectivity Project Overview •Playground •Splash Pad •Restrooms Phase One •Mini-Pitch Futsal Court •Fitness Equipment •Electronic Playground •Shelters and Pavilions •Trail Connectivity Future Phases •Fundraising Catalog Developed and available in the Parks, Recreation and Forestry Office •Met with various Community Groups and business with the initial introduction to the project •Grants for inclusive play and programming, more to be released after the first of the year •About $20,000 committed in donations on top of the $900,000 of CIP Funds Fundraising Progress Costs and Revenues Phase Expenditure Amount still to be raised Phase 1 $ 1,778,108.12 $803,108.12 Phase 2 $ 950,000 $800,000 (includes pending grant applications) •How to Help: Volunteer Opportunities •Spread the word about the project •Recognition Opportunities for organizations and businesses Total Project Cost: $2,700,000 Funding Gap for all phases: $1,600,000 For questions or more information please reach out to me at kzimmerman@cityofbrookings-sd.gov Call to Action and More Information Questions? 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 24-0592,Version:1 Action to approve City Council meeting minutes. Attachments: 12/10/2024 City Council Minutes City of Brookings Printed on 12/12/2024Page 1 of 1 powered by Legistar™ BROOKINGS CITY COUNCIL DECEMBER 10, 2024 (unapproved) The Brookings City Council held a meeting on Tuesday, December 10, 2024 at 6:00 PM, at the Brookings City & County Government Center, Chambers, with the following City Council members present: Mayor Oepke Niemeyer, Council Members Wayne Avery, Brianna Doran, Andrew Rasmussen, Bonny Specker, and Holly Tilton Byrne. Absent: City Council Member Nick Wendell. City Manager Paul Briseno, City Attorney Steve Britzman, and City Clerk Bonnie Foster were also present. Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that the agenda be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Rasmussen, Specker, and Tilton Byrne; Absent: 1 - Wendell. Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, to approve the Consent Agenda. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Rasmussen, Specker, and Tilton Byrne; Absent: 1 - Wendell. A. Action to approve the November 26, 2024 City Council Minutes. B. Action on Resolution 24-110, a Resolution declaring surplus property for the City of Brookings: RESOLUTION 24-110 - DECLARING SURPLUS PROPERTY WHEREAS, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Police Department: (Bikes) Next Break Point, Serial #39060588, Tag #1080, Red & Silver; Shimano Tourney, Tag#1017, Green & W hite; Huffy Alpine, Serial #AL13B027446, Tag #4039, Purple; Magna Zanzibar, Serial #95TD144599, Tag #4020, Pink: Huffy Shimano, Serial #057141, Tag #65, Blue & Black; Team Dual Tracker, Tag #0075, Red & Black; Genesis V2100, Serial #BAOYI, Tag #1035, Black & Yellow; Gary Fischer Shimano, Serial #00TD201990, Tag #0030, Black & Green; Next ES Extreme, Serial #00TD201990, Tag #0020, Black & Red; Mongoose Rebel, Serial #SNFSD23L16940, Tag #2094, Black; Roadmaster Ridgeline, Serial #211060684, Tag #3062, Blue & Yellow; Kent 20, Serial #23U2U62232, Tag #3053, Black; Kent Chaos, Serial #62302036045, Tag #3107, Black & Green; Murray Ultra Terrain, Tag #3064, Gray; Roadmaster Kent 700, Serial #GS52714WMA, Tag #3048, Black & Green; Schwinn High Timber, Serial # SNIDC060106, Tag #3046, Silver & Blue; Genesis GX7, Serial #GS120601, Tag #3804, Silver & Red; MGX Denali, Serial #L1212033011, Tag #3076, Red & Black; Mongoose Rebel, Serial #R1016WMDS, Tag #3078, Black & Silver; Mongoose Shimmano, Serial #SNFSD08D099, Tag #3090, Red & Black; Hiawatha, Tag #3085, Maroon & Brown; Huffy Rock Creek, Serial # SNHBT23E, Tag #3114, Blue & White; Schwinn Ranger, Serial #3740094570-0, Tag #3050, Blue & Purple; Huffy Rock Creek, Serial #SNHBT23E13, Tag #3075, Black & White; Hyper Urban, Serial #TJ18EO11197, Tag #3071, Gray & Black; Roller, Tag #3016, Black; 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. C. Action on Resolution 24-105, a Resolution Awarding the Bid for Brookings Regional Landfill Hay Land Lease. RESOLUTION 24-105 - RESOLUTION AWARDING BID FOR BROOKINGS REGIONAL LANDFILL HAY LAND LEASE WHEREAS, the City of Brookings opened bids for the Landfill Leachate Hauling on Tuesday, November 12, 2024 at 1:30 pm at the Brookings City & County Government Center; and WHEREAS, the City of Brookings received the following high bid for the Hay Land Lease: Joshua Berndt in the amount of $120 per acre for 26 acres of hay land; and WHEREAS, the Brookings Regional Landfill will generate $3,120 of revenue per year for the duration of lease. NOW, THEREFORE, BE IT RESOLVED that the high bid of $120/acre from Joshua Berndt be accepted; and the City Manager or his designee is authorized to execute any associated agreement(s) to secure these services. D. Action on Resolution 24-106, a Resolution Awarding the Bid for Brookings Regional Landfill Leachate Hauling. RESOLUTION 24-106 - RESOLUTION AWARDING BID FOR BROOKINGS REGIONAL LANDFILL LEACHATE HAULING WHEREAS, the City of Brookings opened bids for the Landfill Leachate Hauling on Tuesday, November 19, 2024 at 1:30 pm at the Brookings City & County Government Center; and WHEREAS, the City of Brookings received the following low bid for the Landfill Leachate Hauling: Liberty Septic Inc., in the amount of $0.085 per gallon; and WHEREAS, the Brookings Regional Landfill has appropriations of $99,000 in the 2025 adopted budget for the hauling of Landfill Leachate. NOW, THEREFORE, BE IT RESOLVED that the low bid of $0.085 per gallon from Liberty Septic Inc. be accepted; and the City Manager or his designee is authorized to execute any associated agreement(s) to secure these services. Report: SDSU Students Association Report. Claire Koenecke, SDSU Students Association Government Affairs Chair, provided an update on SDSU current affairs. Report: City Council Ex-Officio Report. A Brookings Municipal Utility Board report was given by Council Member Avery. A Brookings Health Systems Board of Trustees report was not presented due to no meeting in November. Development Agreement. A motion was made by Council Member Avery, seconded by Council Member Doran, that a Development Agreement with Solventum, be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Rasmussen, Specker, and Tilton Byrne; Absent: 1 - Wendell. Special Event / Temporary Alcoholic Beverage Application. A public hearing was held on a Special Event / Temporary Alcoholic Beverage Application from St. Thomas More Catholic School, to operate within the City of Brookings, South Dakota, on February 1, 2025, for a Winter Gala and Grand Auction to be held at 1700 8th Street South. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that the Special Event Application be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Rasmussen, Specker, and Tilton Byrne; Absent: 1 - Wendell. Resolution 24-112. A public hearing was held on Resolution 24 -112, a Resolution Authorizing Naming the Street within Pioneer Park in the City of Brookings. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that Resolution 24-112, be approved. Public Comment: Angela Daly, Roger Stoner, Sam Cordes, and Patty Bacon. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Rasmussen, Specker, and Tilton Byrne; Absent: 1 - Wendell. RESOLUTION 24-112 - A RESOLUTION AUTHORIZING NAMING THE STREET WITHIN PIONEER PARK IN THE CITY OF BROOKINGS WHEREAS, the City Council is authorized by Brookings Ordinance Section 74-1 to establish or change names of streets within the city; and WHEREAS, the City Council has received a request to name the street within Pioneer park, which is located between 1st Avenue and Western Avenue. NOW THEREFORE, BE IT RESOLVED by the governing body that the following street name for the street within Pioneer Park is hereby established: new street name: Dr. Martin Luther King Jr. Way. FURTHER, the City Clerk is directed to file a copy of this resolution with the Office of the Brookings County Register of Deeds and request that the name of the street described above be noted on the Plat of Pioneer Park and duly recorded in the Office of the Register of Deeds. ITEM FOR RECONSIDERATION: Annual On-Sale Convention Liquor License Renewal – Park Hospitality. A motion was made by Council Member Avery, seconded by Council Member Doran, that ITEM FOR RECONSIDERATION: Action on Annual On- Sale Convention Liquor License Renewal for Park Hospitality (LaCantina Restaurant), which failed an alcoholic beverage compliance check within the past 12 months, be reconsidered. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Rasmussen, Specker, and Tilton Byrne; Absent: 1 - Wendell. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that the Annual On-Sale Convention Liquor License Renewal for Park Hospitality (LaCantina Restaurant), which failed an alcoholic beverage compliance check within the past 12 months, be approved. The motion carried by the following vote: Yes: 6 - Avery, Doran, Niemeyer, Rasmussen, Specker, and Tilton Byrne ; Absent: 1 - Wendell. Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council Member Doran, that this meeting be adjourned at 6:50 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 24-0596,Version:1 Action on Volunteer Board, Committee, and Commission appointments (10 boards, and 31 seats). Summary and Recommended Action: Mayor Niemeyer has submitted the following appointment recommendations for City Council advice and consent. Staff recommends approval. Brookings Disability Awareness Committee Number of positions:6 Term Length:3 years Residency Requirement:Required for majority Purpose: The Brookings Disability Awareness Committee strives to advocate for the rights of people who have disabilities in our community. Throughout the year, specific events are held to bring awareness and information to our citizens. Technical assistance is provided to the business community, private individuals, governmental entities and nonprofit organizations. This is a service not provided by any other entity in Brookings. The goals of this service are to improve the quality of life for people who have disabilities through enhancing the knowledge base of entities in the community; and to further serve as a community-based advocacy group enhancing the ability of local entities to comply with Federal Civil Rights legislation. Mayor’s Recommendation: 1)Reappoint Aysia Platte (term expires 1/1/2028) 2)Reappoint Katie Knudson (term expires 1/1/2028) 3)Reappoint Mark Sternhagen (term expires 1/1/2028) 4)New Appointment - Ari Limoges (term expires 1/1/2028) 5)New Appointment - Carrie Smith (term expires 1/1/2026) Business Improvement District #1 Board Number of positions:2 Term Length:3 years Residency Requirement:Not required Purpose: The Business Improvement District #1 Board is responsible to prepare a plan of improvements for a district and provide improvement recommendations to the City Council. The boundaries of Business Improvement District #1 are defined as non-contiguous properties to include all hotels/motels with 25 or more rooms situated within the corporate limits of the city of Brookings. Mayor’s Recommendation: 1) Reappoint Laura Schoen-Carbonneau (term expires 1/1/2028) 2) New Appointment - Ashley Biggar (term expires 1/1/2028) Dacotah Bank Center Advisory Committee Number of positions:4 City of Brookings Printed on 12/12/2024Page 1 of 4 powered by Legistar™ File #:ID 24-0596,Version:1 Term Length:3 years Residency Requirement:Not required Purpose: The Dacotah Bank Center Advisory Committee shall act only in an advisory capacity to the city council, however it shall, in particular, advise the city concerning marketing, operational issues and management of the Dacotah Bank Center, and in particular, shall advise and assist the city in the performance of contracts between the City of Brookings and County of Brookings, and between the City of Brookings and the firm managing the Dacotah Bank Center and which concern the Dacotah Bank Center. Mayor’s Recommendation: 1)Reappoint Kyleigh Cramer (term expires 1/1/2028) 2)Laura Schoen Carbonneau (term expires 1/1/2028) 3)Reappoint Jennifer Johnson (term expires 1/1/2028) 4)New Appointment - Melisa Yager (term expires 1/1/2028) Historic Preservation Commission Number of positions:4 Term Length:3 years Residency Requirement:Required for majority Purpose: The purpose of the Historic Preservation Commission is to allow the city to engage in a comprehensive program of historic preservation to promote the inspiration, pleasure and enrichment of the citizens of Brookings through identification, documentation, preservation, promotion, and development of the city’s historic resources. Mayor’s Recommendation: 1)Reappoint Paula Carson (term expires 1/1/2028) 2)Reappoint Stephen Van Buren (term expires 1/1/2028) 3)Reappoint Tom Thaden (term expires 1/1/2028) 4)Reappoint Sam Krueger (term expires 1/1/2028) 5)New Appointment - Diane Kosbau (term expires 1/1/2027) Human Rights Commission Number of positions:2 Term Length:3 years Residency Requirement:Not required Purpose: The Human Rights Commission has the power to investigate alleging discrimination. Other programs include: The study of the existence, character, causes and extent of discrimination in employment, housing and public accommodations, property rights, education and public services; Advise and provide a forum for those subjected to unfair and discriminatory practices in the City and County; Advise City officials concerning issues of discrimination; Conducting educational programs and disseminates information to further the commission’s policy to eliminate discrimination in the city. Mayor’s Recommendation: 1)Reappoint Keely Eagleshield (term expires 1/1/2028) 2)New Appointment - Nicholas McNab (term expires 1/1/2028) Library Board Number of positions:1 City of Brookings Printed on 12/12/2024Page 2 of 4 powered by Legistar™ File #:ID 24-0596,Version:1 Term Length:3 years Residency Requirement:Required Purpose: The Library Board is responsible for the appointment of the Librarian, the conduct of business and development of policies for the Brookings Public Library materials, the governance of the library and the use of the public library services and materials. Mayor’s Recommendation: 1) New Appointment - Allison Schmitt (term expires 1/1/2028) Park & Recreation Number of positions:2 - 1 High School Representative, 1 College Representative Term Length:1 year Residency Requirement:Not Required Purpose: The Park & Recreation Board provides advice to the Director of Parks, Recreation and Forestry to assist in fulfilling the administering of the public park system, recreation programs and city forestry program. The Board also advises the City Council and makes recommendations on matters regarding park capital improvements and planning. Mayor’s Recommendation: 1) New Appointment - Cloe Barber - High School Representative (term expires 5/1/2025) Planning Commission Number of positions:4 Term Length:3 years Residency Requirement:Required Purpose: The City Planning Commission is responsible for the city comprehensive plan for the physical development of the city, including areas outside the boundaries of the city and within the planning jurisdiction. Mayor’s Recommendation: 1) Reappoint Kyle Jamison (term expires 12/31/2027) 2) Reappoint Tanner Aiken (term expires 12/31/2027) 3) New Appointment - Connor Evers (term expires 12/31/2027) 4) New Appointment - Billie Jo Hinrichs (term expires 12/31/2025) Public Arts Commission Number of positions:4 Term Length:3 years Residency Requirement:Required for Majority Purpose: Public art enhances the built environment of a city and enriches the lives of its citizens. A dedicated funding source for an established program of public art enhances the reputation of a city and serves as a vehicle for attracting new businesses and citizens. A public art program encourages a community’s artists and citizens to engage in creative activities and artistic development. A public arts commission can develop and implement a unified public art strategy for a community. Mayor’s Recommendation: 1) Reappoint Lisbeth Solum (term expires 1/1/2028) 2) Reappoint Kate Treiber (term expires 1/1/2028) City of Brookings Printed on 12/12/2024Page 3 of 4 powered by Legistar™ File #:ID 24-0596,Version:1 3) Reappoint Meridith Weiland (term expires 1/1/2028) Sustainability Council Number of positions:5 Term Length:3 years 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 Albert Patin (term expires 1/1/2028) 2) Reappoint Robin Butterbaugh (term expires 1/1/2028) 3) New Appointment - Alicia Haich (term expires 1/1/2028) 4) New Appointment - Connor Evers (term expires 1/1/2028) City of Brookings Printed on 12/12/2024Page 4 of 4 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 24-0616,Version:1 Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol license holders. Summary and Recommended Action: Staff recommends approval of Special Event Alcoholic Beverage License requests from existing alcohol license holders. Attachments: Memo SDCL 35-4-124 City of Brookings Printed on 12/12/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: December 17, 2024 Subject: Special Event / Temporary Alcoholic Beverage License Requests Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: Staff recommends approval of Special Event Alcoholic Beverage License request s for existing on-sale alcoholic beverage license holders. Item Details: South Dakota Codified Law (SDCL 35-4-124) states special event / temporary alcoholic beverage licenses require action by the governing body for all Temporary Alcoholic Beverage License Applications. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the license holds an on -sale alcoholic beverage license or a retail malt beverage license in the municipality or county, or holds an operating agreement for a municipal on -sale alcoholic beverage license. Staff requests approval for the following special event / temporary alcoholic beverage licenses from Sodexo Catering (License Holder RB-28249 and RW -28251): SDSU Dana J Dykhouse Stadium, Coughlin Lounge: SDSU TL25-012 SDSU Oscar Larson Performing Arts Center: SDSU TL25-013 Legal Consideration: None Strategic Plan Consideration: Fiscal Responsibility – Action to approve special event / temporary alcoholic beverage licenses keeps the process transparent in the amount of revenue generated and the number of licenses issued annually. Financial Consideration: Special Event / Temporary Alcoholic Beverage License Fee: $50 / event date NOTE: event date can be up to 15 days in length. Supporting Documentation: State Law 35-4-124 35-4-124. Special alcoholic beverage licenses--Special events. Any municipality or county may issue: 1) A special malt beverage retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license applicant; 2) A special on-sale wine retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4), (6), or (12) or any farm winery licensee in addition to any other licenses held by the special events license applicant; 3) A special on-sale license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4- 2(4) or (6) in addition to any other licenses held by the special events license applicant; 4) A special off-sale package wine dealers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), or (12) or any farm winery licensee in addition to any other licenses held by the special events license applicant. A special off-sale package wine dealers licensee may only sell wine manufactured by a farm winery licensee; 5) A special off-sale package wine dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization; 6) A special off-sale package malt beverage dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization; or 7) A special off-sale package dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization. The municipality or county may issue a license under this section for a time not to exceed fifteen consecutive days. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the license holds an on-sale alcoholic beverage license or a retail malt beverage license in the municipality or county, or holds an operating agreement for a municipal on-sale alcoholic beverage license. The local governing body shall establish rules to regulate and restrict the operation of the special license, including rules limiting the number of licenses that may be issued to any person within any calendar year. Source: SL 2010, ch 185, § 1; SL 2011, ch 175, § 1; SL 2015, ch 195, § 1, eff. Mar. 13, 2015; SL 2018, ch 213, § 106; SL 2019, ch 162, § 2; SL 2020, ch 156, § 1; SL 2024, ch 149, § 1. 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 24-0614,Version:1 Action on Federal Highway Administration (FHWA) Urban Boundary for the City of Brookings. Summary and Recommended Action: Staff recommends a motion to approve the Federal Highway Administration (FHWA) Urban Boundary for the City of Brookings. Attachments: Memo 2024 Urban Boundary Map 2014 Urban Boundary Map City of Brookings Printed on 12/12/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: John R. Thompson, Public Works Director Council Meeting: December 17, 2024 Subject: Motion to approve Federal Highway Administration Urban Boundary Person(s) Responsible: Charlie Richter, City Engineer Summary and Recommended Action: Staff recommends approval of the Federal Highway Administration (FHWA) Urban Boundary for the City of Brookings. Item Details: The South Dakota Department of Transportation is in the process of updating their urban boundary maps. These maps are updated every 10 years as cities expand and grow. The proposed urban boundary for the City of Brookings is shown on the attached map. The Federal Highway Administration will approve the updated urban boundary, which is used for transportation planning purposes. The urban boundary includes population areas such as housing developments outside the Brookings city limits and areas where future growth is anticipated, per the 2020 Census. After approval of the urban boundary map, the South Dakota Department of Transportation will calculate the number of roads within the urban boundary and update the length of roads eligible for Urban State Transportation Funds (STP) for repair or reconstruction. This motion will approve the Federal Highway Administration Urban Boundary. Legal Consideration: None. Strategic Plan Consideration: Sustainability – The City of Brookings will meet environmental, community and economic desires and needs without compromising future generations’ quality of life by strategically planning, implementing and maintaining infrastructure and facilities. Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: None. 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D E PA R TMENT O F TRAN SPO RTATION AP P R OVA L _______________________________________________________________SIG N AT U R E D ATE CH A IRM AN , BO AR D OF BR OO KING S CO UN TY CO MMI SS IO NE R S _______________________________________________________________SIG N AT U R E D ATE M AYO R, CIT Y O F BR O OKIN GS _______________________________________________________________SIG N AT U R E D ATE F ED E RA L H IGH WAY ADM INISTR ATION R OA D E XC LU D ED FR O M U R B A N LI M I TS R OA D E XC LU D ED FR O M U R B A N LI M I TS R OA D EXC L U D ED F R O M U R BA N LI M I TS FHWA Pro posed Ur ban Bo undaryforBrookingsBrookings Cou nty, South D akota2024 Pre par ed b y:Pro je ct D e velopm e ntSouth Dak ota D epar t m ent o f Tr ans por ta tionOctober 202 4 In C o ope ra tion W ith Th e U .S . 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Summary and Recommended Action: Staff recommends approval of this resolution declaring surplus property. Attachments: Memo Resolution City of Brookings Printed on 12/12/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: December 17, 2024 Subject: Resolution 24-116: declaring surplus property Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: Staff recommends approval of this resolution declaring surplus property. Item Details: According to State Statute Chapter 6-13, the governing body of the City of Brookings allows the following property, to be declared as surplus property: Police Department: 2017 Chevy Tahoe, VIN # 1GNSKDEC8HR225309 Legal Consideration: None. Strategic Plan Consideration: Sustainability – The City of Brookings will meet environmental, community and economic desires and needs without compromising future generations’ quality of life by strategically planning, implementing and maintaining infrastructure and facilities. Financial Consideration: Revenues generated from the sale of surplus property, will be placed in the City’s General Fund. Supporting Documentation: Resolution RESOLUTION 24-116 DECLARING SURPLUS PROPERTY WHEREAS, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Police Department: 2017 Chevy Tahoe, VIN # 1GNSKDEC8HR225309 WHEREAS, in the best financial interest, it is the desire of the City of Brookings to dispose of as surplus property; and WHEREAS, the City Manager is hereby authorized to sell or dispose of said surplus property. NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6-13. Passed and Approved this 17th day of December, 2024. CITY OF BROOKINGS, SD ____________________________ ATTEST: Oepke G. Niemeyer, Mayor ___________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 24-0619,Version:1 Mayor’s State of the City Address. Summary: The City Charter indicates a need for the State of the City to update all of the City Council’s efforts. The Mayor will give a brief update of major accomplishments in 2024 and efforts that will progress the community in the future. Attachments: Memo Presentation City of Brookings Printed on 12/12/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Paul M. Briseno, City Manager Council Meeting: December 17, 2024 Subject: Mayor’s State of the City Address Person(s) Responsible: Oepke Niemeyer, Mayor of Brookings Paul M. Briseno, City Manager Summary: The City Charter indicates a need for the State of the City to update all of the City Council’s efforts. Item Details: The Mayor will give a brief update of major accomplishments in 2024 and efforts that will progress the community in the future. Strategic Plan Consideration: Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. Safe, Inclusive, Connected Community – The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment. Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement. Sustainability – The City of Brookings will meet environmental, community and economic desires and needs without compromising future generations’ quality of life by strategically planning, implementing and maintaining infrastructure and facilities. Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Supporting Documentation: Presentation December 17, 2024 STATECITY of the Delivered by Mayor Oepke ‘Ope’ Niemeyer FISCAL RESPONSIBILITY The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. FISCAL RESPONSIBILITY •New Budget Software. Bought and implemented new software in 2024 to optimize budgeting process. •Procurement Policy. Created and implemented policy and guidebook to ensure compliance with government regulations. •Tax Increment Financing. Reviewed and updated TIF revenues, project costs and projections. •Energy Savings Performance Contract. Will provide extensive energy and cost savings through capital equipment upgrades and improvements at City facilities while reducing the City’s carbon footprint by 15 percent. •Library Window Replacement Project. Replaced windows and doors over six-month period. •Audio/Video Upgrade: Collaborated with County to upgrade audio/video equipment in Chambers. SAFE, INCLUSIVE & CONNECTED The City of Brookings will create an environment for inclusive programs, gathering places and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment. SAFE, INCLUSIVE & CONNECTED •Hillcrest Pickleball Court Project. Pickleball enthusiasts helped celebrate the new courts at a September ribbon-cutting. •Pioneer Park Bandshell Restoration. Constructed in 1936, the Bandshell was rededicated in July. •Workforce Housing. The City’s forward-thinking approach and partnerships with local developers have resulted in several workforce housing projects. •Expanded Community Service Officer Unit. BPD expanded CSO Unit to cover code enforcement, parking, security, and animal control. •Brookings Activity Center. Membership and programming continue to increase. •Parks and Trails Enhancements. Multiple improvement projects have been finished or are underway. SERVICE & INNOVATION EXCELLENCE The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement. SERVICE & INNOVATION EXCELLENCE •City Charter Review. After thorough review in 2024, an 11-member citizen panel has recommended updates. The proposed revisions will be voted on in the City’s April 2025 election. The Charter was last updated in 2006. •City Council Policies. Review process began in 2019. Council approved updated policies in August 2024. •High Performing Organizations Training. During 2023 - 24, all full-time employees participated in training to help embrace the culture of continuous, constant improvement. SUSTAINABILITY The City of Brookings will meet environmental, community and economic desires and needs without compromising future generations’ quality of life by strategically planning, implementing and maintaining infrastructure and facilities. SUSTAINABILITY •Master Drainage Plan. Approved by Council in August 2024 to guide management of the City’s stormwater system over the next 10 years. •Six-Mile Creek Feasibility Study. Presented in September 2024, it outlines flooding issues and mitigation options. •Solid Waste Master Plan. Work to implement the plan continues since Council approval in October 2023. •Emerald Ash Borer Management Plan. Forestry Division fully implemented after pest confirmed in Brookings County in early July 2024. •Urban Forest Initiative. $30,000 rebate program to encourage residents to plant trees at little or no cost. •Stormwater Incentive Pilot Programs. Incentive programs to offer rain barrels and native plants to help manage stormwater. ECONOMIC GROWTH The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. ECONOMIC GROWTH •Brookings Marketplace Property Development. Regional shopping center expected to generate $1.1 million or more in direct sales tax revenue. •Community Economic Development Master Plan. Partner agencies working to meet goals and to create an efficient ecosystem for economic progress. •Downtown Brookings Master Plan. The plan offers ideas to nurture the future of downtown by creating a shared vision for future community and economic development. •Solventum Development Agreement. Facilitates plant’s $220 million expansion, while resulting in $3.5 million in sales tax and TIF revenue for the City over the next few years. •I-29 and 20th Street South Interchange. Completed in July 2023, the public-private project continues to spur new development. 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 24-0612,Version:1 Action on a Legal Services Agreement between the City of Brookings and Steven J. Britzman, Attorney at Law, for a one-year contract (01/01/2025 - 12/31/2025). Summary and Recommended Action: Staff recommends approval of the proposed City Attorney legal services agreement for 2025. The attached agreement is consistent with the 2024 agreement and 2025 increases. Staff recommends increasing the City Attorney fee to 4.5%. Attachments: Memo 2025 Agreement City of Brookings Printed on 12/12/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Paul Briseno, City Manager Council Meeting: December 17, 2024 Subject: City Attorney Legal Services Agreement Person(s) Responsible: Paul Briseno, City Manager Summary and Recommended Action: Staff recommends approval of the proposed City Attorney legal services agreement for 2025. The attached agreement is consistent with the 2024 agreement and 2025 increases. Staff recommends increasing the City Attorney fee to 4.5%. Item Details: The City Charter identifies the City Attorney as one of three positions appointed by the City Council. The City Attorney services are contracted and outlined within an annual agreement. The agreement outlines the performance of legal services, conflicts of interests, reimbursement for services, and scope of services. The proposed 2025 agreement reflects similar parameters as the 2024 Agreement. An increase of 4.5% is budgeted and consistent with 2025 operational increases budgeted. The 2025 annual contract is $118,748.16 and an hourly rate of $197.91 for litigation or substantial recodification. Additionally, $4,000 is budgeted for membership and professional training. A section was added in 2023 setting forth compensation reimbursement for fees when services exceed 50 hours per month up to 70 hours. This rate is agreed to be at $200.00 an hour. Legal Consideration: The City Attorney was engaged in the proposed increase and contract changes for 2025. Financial Consideration: The financial considerations include a 4.5% increase and is budgeted. Strategic Plan Consideration: This action aligns with the City Council’s Strategic area of Fiscal Responsibility – financial transparency, service delivery, service level, outside agency funding. Supporting Documentation: 2025 Agreement Legal Services Agreement THE CITY OF BROOKINGS AND STEVEN J. BRITZMAN, ATTORNEY AT LAW agree that the City of Brookings has appointed Steven J. Britzman to serve as City Attorney for the period commencing January 1, 2025 and ending March 31, 2025, the retirement date of Steven J. Britzman. This Agreement, however, may be extended by mutual agreement of the parties if a successor City Attorney has not been selected by March 31, 2025. The City of Brookings and Steven J. Britzman desire to set forth the terms of their Agreement concerning the provision of legal services by Steven J. Britzman as City Attorney as follows: 1. Performance of Legal Services Steven J. Britzman will perform all legal services as provided in the "Scope of Services for City Attorney for City of Brookings" (the "Scope of Services"). A copy of the Scope of Services for City Attorney is attached hereto. Steven J. Britzman will perform all legal services which include representing the City in Magistrate Court in the enforcement of City Ordinances. 2. Insurance Coverage Steven J. Britzman will maintain Attorneys Professional Liability coverage in the amount of One (1) million dollars ($1,000,000) per claim and One (1) million dollars ($1,000,000) aggregate during the term of this agreement. Steven J. Britzman will be responsible to pay any deductible amount under the foregoing coverage. 3. Conflicts of Interest The parties to this Agreement understand that actual or perceived conflicts of interest are defined in great detail in the South Dakota Rules of Professional Responsibility which govern attorneys and which are a part of the statutes of South Dakota. Accordingly, Steven J. Britzman will follow the South Dakota Rules of Professional Responsibility, immediately disclose to the City Council and City Manager any conflict or the appearance of a potential conflict, and resolve the issue to the satisfaction of the City of Brookings and the client. 4. Compensation for Legal Services Steven J. Britzman agrees to provide all of the legal s ervices provided in the Scope of Services, for a monthly sum from January 1, 2025 through March 31, 2025 up to Nine Thousand Eight Hundred Ninety-five and 68/100 ($9,895.68) Dollars for the first Fifty (50) hours of legal services performed each month, payable on the last day of the month. For all services provided in excess of Fifty (50) hours per month, Steven J. Britzman shall be compensated at a rate of a Two Hundred and no/100 ($200.00) Dollars per hour, up to a maximum of Seventy (70) hours per month, payable on the last day of the month. If the City Attorney performs more than Seventy (70) hours of service per month, there will be no further compensation paid to the City Attorney for services in excess of Seventy (70) hours, unless the services are specifically contracted because they are outside the Scope of Services. The hourly rate for other legal services, including those set forth in Item 15 of the Scope of Services is $200.00 during the term of this Agreement. 2 The legal services provided by Steven J. Britzman will be performed as an independent contractor and Steven J. Britzman shall therefore pay all payroll and business expenses incurred in providing legal services to the City. 5. Expense Reimbursements, Meetings and Conferences In addition to the compensation for legal services during each year of this Agreement, the City will provide One Thousand Dollars ($1,000.00) through March 31, 2025 for membership in the International Municipal Attorneys Association (IMLA) (currently $625.00 per year) and for any meetings of South Dakota Municipal League which occur prior to March 31, 2025. The City Attorney will also be reimbursed for out-of-pocket expenses when required to travel outside the City of Brookings to other meetings or to perform legal s ervices, provided such travel is approved by the City Manager in advance of travel. 6. Legal Services not within the Scope of Services Steven J. Britzman shall first obtain approval of the City to perform any legal services excluded from the Scope of Services, however Steven J. Britzman and the City agree that it is appropriate for the City Attorney to be responsive to residents of the city, the media, other municipal attorneys, the municipal league and other public officials where communication or an appropriate measure of assistance is in the best interest of the City. Dated this ____day of December, 2024. STEVEN J. BRITZMAN, ATTORNEY AT LAW Steven J. Britzman Dated this ____day of December, 2024. CITY OF BROOKINGS, SOUTH DAKOTA Paul M. Briseno, City Manager ATTEST: _______________________________ Bonnie Foster, City Clerk 3 SCOPE OF SERVICES FOR CITY ATTORNEY FOR CITY OF BROOKINGS THE CITY ATTORNEY SHALL PERFORM THE FOLLOWING SERVICES: 1. The City Attorney will attend all City Council meetings as the legal advisor for the Brookings City Council, unless the absence is due to vacation or illness or the subject matter does not require the assistance of counsel. 2. Provide all necessary legal consultation services, including oral and written opinions and research as requested by the Brookings City Council and the City Manager. 3. Provide legal assistance to the City’s Boards and Commissions, except the Utility Board and Hospital Board, as requested by the City Manager and City Council. 4. Provide legal representation to the City in litigation initiated against the City and by the City in circumstances where the City is not represented by legal counsel assigned by its insurance company. Legal representation in litigation must be authorized in each instance by the City Council and compensation will be in addition to the monthly compensation as provided in Section 15 of this Scope of Services. 5. Assist in the preparation and review of all contract agreements, resolutions, ordinances and other legal documents considered, adopted or endorsed by the City. 6. To maintain a working knowledge of Municipal Law on both the State and Federal level. 7. Provide legal representation for the City before administrative bodies upon special request by the City Council. 8. As requested, review all claims made against the City. 9. The City Manager will be notified when the City Attorney’s hours of legal services reach forty (40) for the month to allow the City Manager to manage the total hours for the remainder of the month. 10. Confer with colleagues who specialize in areas of law to establish and verify a basis for legal proceedings; serve as a liaison between outside legal counsel and City Officials on specialized legal issues. 11. Prepare a monthly written report to the City Manager of legal services performed which includes a description of the service and the time required to perform the service. 12. Assist the City Clerk and the private sector firm in Ordinance Codification. 13. The City Attorney will be an advisor to the labor negotiating staff and will review labor contracts as required or requested. 14. Maintain professional awareness of current literature and changes in law and attend continuing legal education to ensure the most efficient, cost-effective, and accurate operation of the City Attorney’s Office. 15. Review proposed state legislation affecting the City and prepare or supervise the preparation of state legislation relating to municipal and city government matters as directed by the City Manager or City Council. Consult with City Council, the City Manager and department heads in regard to such legislation and testify before legislative boards as requested. 16. The City Attorney’s basic fee does not include the following services: a. Litigation b. Recodification of substantially all of the City Ordinances. All services with the exception of litigation and recodification of the City Ordinances will be compensated pursuant to the City Attorney’s basic fee. Fees for services in a. and b. above will be as negotiated and agreed upon by the parties. 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 24-115,Version:1 Action on Resolution 24-115, a Resolution Awarding Bids on Project 2024-04STI 12 th Street South Intersection and Main Avenue South Signal and Sidewalk Ramp Reconstruction. Summary and Recommendation: Staff recommends approval of the proposed resolution awarding the 2024-04STI 12th Street South Intersection and Main Avenue South Signal and Sidewalk Ramp Reconstruction Project to Big Al’s Contracting, Inc. for the low bid of $489,068.70. The low bid is approximately 41% lower than the engineer’s estimate of $828,666.30. The project will be completed by August 20, 2025. Attachments: Memo Resolution Map City of Brookings Printed on 12/12/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Charlie Richter, City Engineer Council Meeting: December 17, 2024 Subject: Resolution 24-115: Bid Award on 2024-04STI 12th Street South Intersection and Main Avenue South Signal and Sidewalk Ramp Reconstruction Presenter: Charlie Richter, City Engineer Summary and Recommended Action: Staff recommends approval of the proposed resolution awarding the bid for the 2024- 04STI 12th Street South Intersection and Main Avenue South Signal and Sidewalk Ramp Reconstruction Project to Big Al’s Contracting, Inc. for the low bid of $489,068.70. The low bid is approximately 41% lower than the engineer’s estimate of $828,666.30. The project will be completed by the end of August 20, 2025. Item Details: This project will include the replacement of an aging traffic signal and non -compliant ramps at the intersection of 12th Street South and Main Avenue South. Due to the long lead-time on traffic signal equipment, this project was bid in December to allow for equipment to be purchased in the winter and delivered for installation in the summer of 2025. Work is scheduled to be complete by August 20, 2025. A bid letting for this project was held on Tuesday, December 10, 2024 and the City received the following bids: 2024-04STI 12th Street South Intersection and Main Avenue South Signal and Sidewalk Ramp Reconstruction Contractor Bid Amount Engineer’s Estimate Big Al’s Contracting, Inc $489,068.70 $828,666.30 Timmons Construction, Inc. $499,474.50 $828,666.30 The total low bid from Big Al’s Contracting, Inc. in the amount of $489,068.70 is approximately 41% lower than the engineer’s estimate of $828,666.30. Legal Consideration: None. Strategic Plan Consideration: Fiscal Responsibility - The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. Financial Consideration: The City will enter into a contract with Big Al’s Contracting, Inc. for the total low bid amount of $489,068.70. Sufficient appropriations exist in the amended Fiscal Year 2024 budget in Fund 213 - Capital Improvement. Supporting Documentation: Resolution Map RESOLUTION 24-115 RESOLUTION AWARDING BIDS ON 2024-04STI 12th STREET SOUTH INTERSECTION AND MAIN AVENUE SOUTH SIGNAL AND SIDEWALK RAMP RECONSTRUCTION PROJECT WHEREAS, the City of Brookings opened bids for Project 2024-04STI 12th Street South Intersection and Main Avenue South Signal and Sidewalk Ramp Reconstruction Project on Tuesday, December 10, 2024 at 1:30 pm at the Brookings City & County Government Center; and WHEREAS, the City of Brookings received the following low bid for the 2024-04STI 12th Street South Intersection and Main Avenue South Signal and Sidewalk Ramp Reconstruction Project from Big Al’s Contracting, Inc. in the amount of $489,068.70; and WHEREAS, the low bid was approximately 41% lower than the Engineer’s Estimate. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the low bid of $489,068.70 for Big Al’s Contracting, Inc. be accepted. 2. The City Manager or the Acting City Manager is authorized to sign the contract documents for this project. Passed and Approved this 17th day of December, 2024. CITY OF BROOKINGS, SD ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk '""' - -' = , , PROJECT LOCATION Brook ings, South Dakota R50\\I ;$ -1 _,..., : SUNNY\l£W -.,..... ... ,_.., 'BROO�NGS POP1: 18,50., �� R50\\I z ,, .. § .... 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 24-038,Version:1 Introduction and First Reading Rezone on Ordinance 24-038, an Ordinance to change the Zoning within the City of Brookings. Public Hearing and Action: January 14, 2025. Summary and Recommended Action: Perelandra LLC has submitted a petition to rezone Lots 1 and 2 in Block 1 of Bowes Addition from an Agriculture A District to a Residence R-1A Single-Family District. The Development Review Team recommends approval. The Planning Commission voted 5-0 to recommend approval. Attachments: Memo Ordinance Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Petition to Rezone Location Map Zoning Map Future Land Use Map City of Brookings Printed on 12/12/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ryan Miller, City Planner Council Meeting: December 17, 2024 / January 14, 2025 Subject: Rezone Lots 1 and 2 in Block 1 of Bowes Addition from an Agriculture A district to a Residence R-1A Single-family district. Person(s) Responsible: Mike Struck, Community Development Director Summary: Perelandra LLC has submitted a petition to rezone Lots 1 and 2 in Block 1 of Bowes Addition from an Agriculture A district to a Residence R-1A Single-family district. The Development Review Team recommends approval. The Planning Commission voted 5-0 to recommend approval. Item Details: The area to be rezoned includes two lots. Lot 1 is a 1.15-acre lot currently zoned Agriculture. Lot 2 is a 1.150-acre lot also currently zoned Agriculture. Both lots previously include mobile home dwellings which have since been moved off site. The lots are located just south of Western Estates along the south side of an unimproved road. The area is designated as Medium Density Residential on the future land use map. Adjacent zoning includes Agriculture to the south, east and west and Residence R-3A to the north. The applicant has recently completed a floodplain development permit for th e proposed home. Legal Consideration: None. Strategic Plan Consideration: Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: None. Supporting Documentation: Ordinance Hearing Notice – City Council Hearing Notice – Planning Commission Planning Commission Minutes Petition to Rezone Location Map Zoning Map Future Land Use Map ORDINANCE 24-038 AN ORDINANCE TO CHANGE THE ZONING WITHIN THE CITY OF BROOKINGS BE IT ORDAINED BY THE CITY OF BROOKINGS, SOUTH DAKOTA: SECTION 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: Lot 1 and Lot 2 in Block 1 of Bowes Addition from an Agriculture A District to a Residence R-1A Single-Family District. In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. SECTION 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. SECTION 3. All sections and ordinances in conflict herewith are hereby repealed. FIRST READING: December 17, 2024 SECOND READING AND ADOPTION: January 14, 2025 PUBLISHED: January 17, 2025 CITY OF BROOKINGS, SD: ________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN that Perelandra LLC has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: Lots 1 and 2 in Block 1 of Bowes Addition, City of Brookings, Brookings County, South Dakota. The request is to rezone the above-described real estate from an Agriculture A District to a Residence R-1A Single-family District. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council at 6:00 PM on Tuesday, January 14, 2025, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 31st day of December, 2024. Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN that Perelandra LLC has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: Lots 1 and 2 in Block 1 of Bowes Addition, City of Brookings, Brookings County, South Dakota. The request is to rezone the above-described real estate from an Agriculture A District to a Residence R-1A Single-family District. NOTICE IS FURTHER GIVEN that said request will be acted on by the Planning Commission at 5:30 PM on Tuesday, December 3, 2024, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the Planning Commission is a recommendation made to the City Council. Any person interested may appear and be heard on this matter. Dated this 20th day of November, 2024. Ryan Miller City Planner Planning Commission Brookings, South Dakota December 3, 2024 OFFICIAL MINUTES Chairperson Tanner Aiken called the meeting of the Planning Commission to order on Tuesday, December 3, 2024, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Jacob Limmer, Roger Solum, Nick Schmeichel and Debra Spear. Kyle Jamison and Scot Leddy were absent. Also present were Community Development Director Michael Struck and City Planner Ryan Miller. Also present was Jamie Foust with ISG. Item #4b – Perelandra, LLC has submitted a petition to rezone Lots 1 and 2 of Bowes First Addition from Ag to Residential R-1A. (Solum/Spear) Motion to approve the rezone. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #4b – Perelandra, LLC has submitted a petition to rezone Lots 1 and 2 of Bowes First Addition from Ag to Residential R-1A. Any future development would require a floodplain development permit due to the location being within the updated floodplain map. The meeting adjourned at 6:26 p.m. _______________________ ______________________________ Ryan Miller Tanner Aiken, Chairperson 26TH ST S 26TH ST S MORGANS PASS22ND AVE S22ND AVE S26TH ST S MORG A N S P A S S MORGANS RUNCHAPARRAL DRW W Y E M E S A MO R G A N S R U N MO R G A N S R U N W WYE MESA MORGANS RUN 26TH ST S W WYE MESA 22ND AVE SE WYE MESALocation Map Parcels Brookings County Roads 28092E200112N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27986E200112N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27986E163152N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27669E189552N.sid Red: Band_1 Green: Band_2 Blue: Band_3 11/25/2024 0 0.06 0.110.03 mi 0 0.09 0.170.04 km 1:4,523 26TH ST S 26TH ST S MORGANS PASS22ND AVE S22ND AVE S26TH ST S MORG A N S P A S S MORGANS RUNCHAPARRAL DRW W Y E M E S A MO R G A N S R U N MO R G A N S R U N W WYE MESA MORGANS RUN 26TH ST S W WYE MESA 22ND AVE SE WYE MESAA Zoning Map Parcels Zoning A B-3 R-3A Brookings County Roads 28092E200112N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27986E200112N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27986E163152N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27669E189552N.sid Red: Band_1 Green: Band_2 Blue: Band_3 11/25/2024 0 0.06 0.110.03 mi 0 0.09 0.170.04 km 1:4,523 26TH ST S 26TH ST S MORGANS PASS22ND AVE S22ND AVE S26TH ST S MORG A N S P A S S MORGANS RUNCHAPARRAL DRW W Y E M E S A MO R G A N S R U N MO R G A N S R U N W WYE MESA MORGANS RUN 26TH ST S W WYE MESA 22ND AVE SE WYE MESARes MD Water Future Land Use Map FLU_RDG Mobile Homes Open Space Parks Res MD Urban High Urban Medium Water Brookings County Roads 28092E200112N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27986E200112N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27986E163152N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27669E189552N.sid Red: Band_1 Green: Band_2 Blue: Band_3 11/25/2024 0 0.06 0.110.03 mi 0 0.09 0.170.04 km 1:4,523 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 24-111,Version:1 Public Hearing and Action on Resolution 24-111, a Resolution of Intent to Lease Real Property at Brookings Airport to Madison Aircraft LLC & Dakota Jet Company. Summary and Recommended Action: Staff recommends approval of the proposed resolution, authorizing the City Manager to enter into a new hangar lease with Madison Aircraft LLC & Dakota Jet Company, for 4,096 square feet located on Site 209 at the Brookings Regional Airport in Section 26, T110N, R50W in the City of Brookings and terminate the current lease agreement with Madison Aircraft LLC & Dakota Jet Company. The new lease will be for a 25-year term and the 2025 lease rate will be $0.14/square foot for an annual lease amount of $573.44. The lease amount will be increased by 2% annually and subject to review every five years. The lease has been reviewed by the City Attorney as to legal form. The notice of public hearing was published on December 6, 2024 as required as per SDCL 9-12-5.2. Attachments: Memo Resolution Notice Location Map City of Brookings Printed on 12/12/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Charlie Richter, City Engineer Council Meeting: December 17, 2024 Subject: Resolution 24-111: Intent to Lease Real Property at Brookings Regional Airport to Madison Aircraft LLC & Dakota Jet Company Presenter: Lucas Dahl, Airport Manager Summary and Recommended Action: Staff recommends approval of the proposed resolution authorizing the City Manager to enter into a new lease for real property with Madison Aircraft LLC & Dakota Jet Company (Lessee), for 4,096 square feet located on site #209 at the Brookings Regional Airport in Section 26, T110N, R50W in the City of Brookings. The new lease rate will be $0.14/square foot for an annual lease amount of $573.44. The lease amount will be increased by 2% annually. Item Details: The initial term of the current lease regarding site #209 terminates on December 31, 2024. The Lessee requested a new lease be executed for the standard term of 25 years as the Madison Aircraft LLC is in the process of selling its interests to Dakota Jet Company. Staff is acceptable to the request to execute a new lease with the Lessee. The new lease rate will be at $0.14/square foot resulting in a total annual lease amount of $573.44. The new lease will be a term of 25-years, which is standard for all hangar lease agreements. A public hearing is required as per SDCL 9-12-5.2 to lease to a private person: 9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing - Authorization. If the governing body decides to lease any municipally owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public hearing on the adoption of the resolution. Notice of the hearing shall be published in the official newspaper once, at least ten days prior to the hearing. Following the hearing the governing body may proceed to authorize the lease upon the terms and conditions it determines. The Notice of Public Hearing was published as required on December 6, 2024. Legal Consideration: The lease has been reviewed by the City Attorney as to legal form. Strategic Plan Consideration: Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. Financial Consideration: The lease rate will be $0.14/square foot for a total annual revenue of $573.44. The lease rate will increase by 2% annually and subject to review, as deemed necessary. Supporting Documentation: Resolution Notice Location Map RESOLUTION 24-111 A RESOLUTION OF INTENT TO LEASE REAL PROPERTY AT BROOKINGS AIRPORT TO MADISON AIRCRAFT LLC & DAKOTA JET COMPANY. BE IT RESOLVED by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a lease with Madison Aircraft LLC & Dakota Jet Company for a period of 25-years, commencing on December 17, 2024 and ending December 31, 2050 and pertaining to the following described property: 4,096 square feet on Site #209 at the Brookings Regional Airport, in Section 26, T110N, R50W in the City of Brookings, Brookings County, South Dakota. The lease will be payable annually by the last day of January of each year and subject to increases set by the Brookings City Council. The 2025 lease amount will be five hundred seventy three dollars and forty four cents ($573.44) with 2% annual increases. BE IT FURTHER NOTED, that a Public Hearing on this Resolution was held on December 17, 2024 at 6:00 o’clock p.m. in the Chambers at the Brookings City and County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: A. The City of Brookings will enter into a new lease agreement with Madison Aircraft LLC & Dakota Jet Company as set forth above; and B. That the City Manager is authorized to execute a new lease agreement in accordance with this Resolution. Passed and Approved this 17th day of December, 2024. CITY OF BROOKINGS, SD ____________________________ Oepke G. Niemeyer, Mayor ATTEST: __________________________ Bonnie Foster, City Clerk Notice of Public Hearing On Adoption of Resolution Of Intent To Lease Real Property at Brookings Regional Airport to Madison Aircraft LLC & Dakota Jet Company. Notice Is Hereby given that on Tuesday, December 17, 2024 at 6:00 o’clock P.M., the Brookings City Council will hold a public hearing in the Chambers, Brookings City and Government Center, 520 3rd Street, Brookings, South Dakota, on Resolution of Intent to Lease to Madison Aircraft LLC & Dakota Jet Company the following property: 4,096 square feet on Site 209 at the Brookings Regional Airport, in Section 26, T110N, R50W in the City of Brookings, Brookings County, South Dakota. At the time and place affixed for said public hearing, all who appear will be given an opportunity to express their views for or against the proposal to lease the above-described property. Dated this 6th day of December, 2024. Bonnie Foster, City Clerk Published ___ time(s) 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. Location Map Hangar Site #209 – Brookings Regional Airport Site #209 64’x64’ hangar 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 24-114,Version:1 Public Hearing and Action on Resolution 24-114, a Resolution to Amend the 2040 Comprehensive Plan’s Future Land Use Map. Summary and Recommended Action: The Community Development Department has submitted a series of Future Land Use Map revisions along Main Avenue South in the City of Brookings. The eight areas along the Main Avenue South corridor include existing zoning in conflict with the Future Land Use Map or future development and redevelopment potential. Proposed changes do not impact current zoning and any future rezoning request would be at the discretion of property owners. The Development Review Team recommends approval. The Planning Commission voted 5-0 to recommend approval. Attachments: Memo Resolution Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Future Land Use Map Exhibits City of Brookings Printed on 12/12/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ryan Miller, City Planner Council Meeting: December 17, 2024 Subject: Resolution 24-114: Future Land Use Map Amendments – Main Avenue South Person(s) Responsible: Mike Struck, Community Development Director Summary and Recommended Action: The Community Development Department has submitted a series of Future Land Use Map revisions along Main Avenue South in the City of Brookings. The eight areas include property located along the Main Avenue South corridor where existing zoning are in conflict with the Future Land Use Map or where future redevelopment proposals may require future land use map revisions. Proposed changes do not impact current zoning and any future rezoning request would be at the discretion of property owners. The Development Review Team recommends approval of the amendments. The Planning Commission voted 5-0 to recommend approval of the amendments. Item Details: The proposed Future Land Use Map changes include: Main Avenue South / 12th Street South This area includes multiple parcels and ownership of land near the intersection of Main Avenue South and 12th Street South. This area was discussed as a potential Future Land Use Map revision in 2023 during discussion of a previous map revision along Main Avenue between 8th Street and 12th Street. This area includes Urban Low, High Density Residential and Open/Wetland. The Urban Low area includes existing development zoned B-2 and B-3. The B-3 Zoning is more associated with an Urban Medium land use category. After feedback from nearby land owners, the revision area will also include a proposed change from High Density Residential to Urban Medium for parcels of land located at the corner of Trail Ridge Road and Council Ridge Road and along 7th Avenue South. The Trail Ridge Road / Council Ridge Road parcel is a corner lot with the potential for future commercial use, which would require a rezone to commercial. The land along 7th Avenue South is currently listed as High Density Residential. An Urban Medium classification would allow for both high density residential and potentially commercial / B-3 uses, which are consistent with this area. The Open / Wetland area is not included in an existing floodplain or wetland, though a stormwater channel does exist along the southern extent of the area. Main Avenue South / 20th Street South This area includes some developed and undeveloped parcels along the west side of Main Avenue South. The Future Land Use Map classifies the area as Urban Low Intensity; however, existing zoning includes R-3, B-2 and Ag with development which includes apartments, commercial and single-family uses. The proposed Urban Medium Intensity would better align with existing uses and could support feasible rezoning options for Ag zoned parcels at the corner of Main Avenue and 20 th Street South. A 1.78-acre manmade wetland exits within the urban low intensity area, according to the National Wetlands Inventory. This manmade wetland was developed for stormwater management for the Fox Run Addition. 2400 Block of Main Avenue South This area includes one parcel located along the west side of Main Avenue South just to the north of the South Fire Station and just to the east of Dakota Prairie Elementary School. The 3.65-acre parcel is zoned Joint Jurisdiction Agriculture and the Future Land Use Map classifies the area as Low Density Residential, Medium Density Residential, and Parks. While development is unlikely to occur in the near-term, any future development may likely include a mix of uses given the frontage along Main Avenue South. Future development fronting Main Avenue South may consider commercial uses, while development along the west side may consider higher density residential. Urban Medium Intensity, therefore, is proposed for the Future Land Use Map revision. Main Avenue South / 26th Street South This area includes one 38.95-acre parcel zoned Joint Jurisdiction Agriculture. The Future Land Use Map classifies the area as Medium Density Residential and Open Wetland. While development is unlikely to occur in the near-term, any future development may likely include a mix of uses given the frontage along Main Avenue South. The Urban Medium Intensity recommendation along eastern p ortion of the parcel would allow for the potential for future commercial along Main Avenue South. The Open / Wetland area is not included in an existing floodplain or wetland. Main Avenue South / 32nd Street South This area is located at the corner of and Main Avenue South and 32nd Street South. The area includes several residential dwellings located near the intersection. Development has advanced down Main Avenue South with commercial development now located at the northeast corner of this intersection. The properties are currently zoned Joint Jurisdiction Ag, Joint Jurisdiction R-3A and Joint Jurisdiction B-3. The Future Land Use Map classification is low density residential west of Main Avenue and open / wetland east of Main Avenue. No floodplain or wetlands are currently located in the proposed revision area. While development is unlikely to occur in the near-term, any future development may likely include a mix of uses given the frontage along Main Avenue South or 32nd Street South. The Open / Wetland area is not included in an existing floodplain or wetland. Main Avenue South / 36th Street South (west of Main) This area includes existing Joint Jurisdiction B-3 zoned properties. The future land use classification of Medium Density Residential does not align with the existing zoning. A revision to Urban Medium Intensity would better align with the existing zonin g. Main Avenue South / 36th Street South (east of Main) This area includes two parcels of land just to the east of a recent Future Land Use Map revision. The area adjacent to Main Avenue South was recently amended to Urban Medium Intensity and subsequently rezoned to Joint Jurisdiction B -3 for a proposed commercial development. Since that time, an additional property owner to the east of this has made a similar request for future commercial development with JJB-3 zoning. An extension of the Urban Medium Intensity to the east would support this potential future development. The current future land use category is Urban Low / Open Wetland. No floodplain or wetlands currently exist on the parcels. The Open / Wetland area is not included in an existing floodplain or wetland. Main Avenue South (north of “S” curve) The final area includes two parcels located just north of the “S” curve on South Main Avenue. One parcel is a one-acre lot located to the south of JJB-3 zoning with frontage along Main Avenue South. The parcel is zoned JJ-Ag and the future land use category is Medium Density Residential. The second parcel is a 159-acre parcel located at the corner of Main Avenue South and 44th Street South. This parcel is zoned JJ-Ag and includes Medium Density Residential, Urban Low Intensity, and Open / Wetland future land use categories. While development is unlikely to occur in the near-term, any future development may likely include a mix of uses given the frontage along Main Avenue South. Both parcels are recommended for Urban Medium Intensity future land use categories. For the southern parcel only the eastern portion of the property is proposed for Urban Medium, roughly aligning with the existing Urban Low Intensity along Main Avenue South and extending to the north property line. This would eliminate an Open / Wetland future land use area where no existing floodplains or wetlands currently exist. A 1.12-acre wetland exits within the open wetland area according to the National Wetlands Inventory. Any development of the land would require a study in order to determine if the wetland is a jurisdictional wetland which requires replacement. This would be in additional to other required drainage studies. Legal Consideration: None. Strategic Plan Consideration: Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: None. Supporting Documentation: Resolution Hearing Notice – City Council Hearing Notice – Planning Commission Planning Commission Minutes Future Land Use Map Exhibits RESOLUTION 24-114 A RESOLUTION TO AMEND THE BROOKINGS, SOUTH DAKOTA COMPREHENSIVE PLAN 2040 WHEREAS, the Comprehensive Plan provides a Major Street Plan Map, identifies a Future Land Use Map, projects population figures for the planning period, and describes an integrated land use vision for the City; and WHEREAS, portions of Future Land Use Map as shown on the attached area map are to be amended to wit: A portion of said areas from Low Density Residential, Medium Density Residential, High Density Residential, Urban Low Intensity, Civic, Parks and Open Wetland to Urban Medium Intensity; and WHEREAS, the City Council of the City of Brookings, SD held a public hearing in accordance with SDCL 11-6-18 on the proposed amendment to the Future Land Use Map of the Brookings, South Dakota Comprehensive Plan 2040; and WHEREAS, the City Planning Commission of the City of Brookings, SD has recommended approval of the amendments to the Future Land Use Map of the Brookings, South Dakota Comprehensive Plan 2040 in accordance with SDCL 11-6-17; NOW THEREFORE, BE IT RESOLVED that said amendment to the Future Land Use Map of the Brookings South Dakota Comprehensive Plan 2040 is hereby adopted by the City of Brookings. Passed and Approved this 17th day of December, 2024. CITY OF BROOKINGS, SD ___________________________ Oepke G. Niemeyer, Mayor ATTEST: _______________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON AMENDMENTS TO THE 2040 COMPREHENSIVE PLAN FOR THE CITY OF BROOKINGS NOTICE IS HEREBY GIVEN That the City Council will hold a public hearing on amendments to the 2040 Comprehensive Plan for the City of Brookings pertaining to the future land use map. NOTICE IS FURTHER GIVEN That said public hearing will be held at 6:00 PM on Tuesday, December 17, 2024 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 4th day of December, 2024. Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON AMENDMENTS TO THE 2040 COMPREHENSIVE PLAN FOR THE CITY OF BROOKINGS NOTICE IS HEREBY GIVEN That the Planning Commission will hold a public hearing on amendments to the 2040 Comprehensive Plan for the City of Brookings pertaining to the future land use map. NOTICE IS FURTHER GIVEN That said public hearing will be held at 5:30 PM on Tuesday, December 3, 2024 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 made to the City Council. Any person interested may appear and be heard in this matter. Dated this 20th day of November, 2024. Ryan Miller City Planner Planning Commission Brookings, South Dakota December 3, 2024 OFFICIAL MINUTES Chairperson Tanner Aiken called the meeting of the Planning Commission to order on Tuesday, December 3, 2024, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Jacob Limmer, Roger Solum, Nick Schmeichel and Debra Spear. Kyle Jamison and Scot Leddy were absent. Also present were Community Development Director Michael Struck and City Planner Ryan Miller. Also present was Jamie Foust with ISG. Item #4d – Staff explored areas along Main Avenue for future land use map revisions. The areas included Main Avenue South/12th – 15th Street South, Main Avenue South/20th Street/Blue Bell Drive, Main Avenue South/2400-2500 Block, Main Avenue South/26th Street/Sweetgrass Drive, Main Avenue South/32nd Street, Main Avenue South/37th-37th Street, Main Avenue South/35th -37th Street and Main Avenue South. (Schmeichel/Limmer) Motion to approve the future land use map revisions. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #4d – Staff explored areas along Main Avenue for future land use map revisions. The areas include eight locations along Main Avenue South between 12th Street South and the S curve. Referring to one particular area near Main Ave S and 26th Street S, Schmeichel asked if the area was multiple parcels. Miller noted that it is one parcel and the depth was determined based on proximity to a commercial corridor. . Schmeichel asked if property lines should be used. Miller explained the FLUM is a rough guideline and often crosses property lines with the idea that the developer may want a mixed uses on the same parcel. Limmer asked about the reasoning for changing Open Wetland to a new classification. Struck explained that the FLUM was originally planned using aerial maps and areas were flagged as potentially being more wet. When a rezone is presented, the city reviews the Floodplain and other data to determine if an area is conducive to the proposed use. The level of scrutiny has changed because the comprehensive plan is high-level and there are multiple detailed reviews before a parcel can be developed. Referring to an area near 36th Street S, Schmeichel asked if the proposed area was previously in question regarding road maintenance for 36th Street S. Miller confirmed that it is the same area as a previous future and use map revision. Referring to the southernmost area, Aiken inquired what was adjacent to the north. Miller explained that if the all of the proposed amendment areas are approved the area adjacent to the north would be urban medium intensity. The meeting adjourned at 6:26 p.m. _______________________ ______________________________ Ryan Miller Tanner Aiken, Chairperson 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 24-0613,Version:1 Action on a Preliminary Plat of Lot 53E, 53F and 53G of Sioux Village of Indian Hills Addition. Summary and Recommended Action: Willow Trail LLC has submitted a Preliminary Plat of Lot 53E, 53F and 53G of Sioux Village of Indian Hills Addition. The Development Review Team recommends approval. The Planning Commission voted 5-0 to recommend approval. Attachments: Memo Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Location Map Preliminary Plat Zoning Map Future Land Use Map City of Brookings Printed on 12/12/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ryan Miller, City Planner Council Meeting: December 17, 2024 Subject: Preliminary Plat of Lot 53E, 53F and 53G of Sioux Village of Indian Hills Addition, Excluding Lots 53A, 53B and 53C Presenter: Mike Struck, Community Development Director Summary and Recommended Action: Willow Trail LLC has submitted a Preliminary Plat of Lot 53E, 53F and 53G of Sioux Village of Indian Hills Addition. The preliminary plat proposes to replat three lots located at the corner of Crystal Ridge Road and Trail Ridge Road. The Development Review Team recommends approval. The Planning Commission voted 5-0 to recommend approval. Item Details: Existing land located at the corner of Trail Ridge Road and Council Ridge Road includes Lots 50, 51 and 53 in Sioux Village Indiana Hills Addition. The property owner is proposing a preliminary plat for the purposes of subdividing Lot 53 while also combining Lots 50 and 51. The future lots would include Lot 53G, a previously developed 4-acre lot, Lot 53E, an undeveloped 3.3-acre lot and Lot 53F, an undeveloped 0.4-acre lot. Each lot meets the required standards for the Residential R-3 Zoning District. The preliminary plat submission included preliminary grading, utility and drainage plans. The preliminary plat meets all requirements in the subdivision and zoning ordinance. Legal Consideration: None. Strategic Plan Consideration: Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: None. Supporting Documentation: Hearing Notice – City Council Hearing Notice – Planning Commission Planning Commission Minutes Location Map Preliminary Plat Zoning Map Future Land Use 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 Willow Trail LLC has submitted a preliminary plat of the following proposed real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: Lots 53E, 53F and 53G of Sioux Village of Indian Hills Addition, Excluding Lots 53A, 53B and 53C Thereof NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council at 6:00 PM on Tuesday, December 17, 2024, 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 on this matter. Dated this 4th day of December, 2024. 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 Willow Trail LLC has submitted a preliminary plat of the following proposed real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: Lots 53E, 53F and 53G of Sioux Village of Indian Hills Addition, Excluding Lots 53A, 53B and 53C Thereof NOTICE IS FURTHER GIVEN that said request will be acted on by the Planning Commission at 5:30 PM on Tuesday, December 3, 2024, 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 made to the City Council. Any person interested may appear and be heard on this matter. Dated this 20th day of November, 2024. Ryan Miller City Planner Planning Commission Brookings, South Dakota December 3, 2024 OFFICIAL MINUTES Chairperson Tanner Aiken called the meeting of the Planning Commission to order on Tuesday, December 3, 2024, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Jacob Limmer, Roger Solum, Nick Schmeichel and Debra Spear. Kyle Jamison and Scot Leddy were absent. Also present were Community Development Director Michael Struck and City Planner Ryan Miller. Also present was Jamie Foust with ISG. Item #4a – Willow Trail LLC has submitted a Preliminary Plat of Lots 53E, 53F and 53G of Sioux Village of Indian Hills Addition. (Solum/Limmer) Motion to approve the Preliminary Plat. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #4a – Willow Trail LLC has submitted a Preliminary Plat of Lots 53E, 53F and 53G of Sioux Village of Indian Hills Addition for the purpose of subdividing Lot 53 while also combining lots 50 & 51. The meeting adjourned at 6:26 p.m. _______________________ ______________________________ Ryan Miller Tanner Aiken, Chairperson Location Map GASGASGASGASGASGASGASCTV CTV CTV CTV E E E E E FO FO FO FO FO 15'' R C P MHMHMH1635163516301635 163016341631163516341633163516321629163516361636MHEEECCC8'' SS8'' SS8'' SS8'' SS8'' SS8'' SS6'' W6'' W6'' W6'' W6'' W6'' W6'' W6'' W12'' SS8'' SS8'' SS8'' SS8'' W8'' W8'' W6'' SS 1630 1632 1 6 3 3 1 6 3 1 16341634163416341632163116331632 1637 1636 1634 1633Lot 53BLot 53C4'' W4'' W4'' W4'' W6'' W6'' W6'' W6'' SS6'' SS6'' SS6'' SS6'' SS2'' W MHW Lot 27Lot 50Crystal Ridge RdLot 23Lot 51Lot 52Emerald CircleLot 49Lot 53DTrail Ridg e R d LOT 53ALot 5378.2'30.5'30.9'70.9'105.2'123.4'90.7'42.0'74.7'67.4'38.7'25.7'29.9 ' L=283.2'R=788.5' L=43.8'R=330.0' 26.7'138.4'57.9'158.7'43.7'70.5'214.6'268.9'175.6'83.7'67.6'68.6'113.2' 52.8' 133.0' 119.4'L=431.9'R=989.9'23.5'MHManholeof No:Sheet No:609 Main Ave SBrookings, SD605-696-3200Date:Scale:Checked By:Drawn By:CDI Project No.CAD Filename:P:\Brookings Projects\2023-046 Willow Trail - L53 Sioux Village\Design\Preliminary Design\2023-046 Willow Trail - L53 Sioux Village - Preliminary Design JDP.dwgWillow TrailPreliminary Design2023-046JLUJDP1" = 80'11/14/202414Preliminary PlatNORTH40080Scale: 1" = 80'2040ANDREW E.KANGAS10400 REG. NO.SOUTH DAKOTA PRELIMINARYExisting Contours1620EXISTING LEGAL DESCRIPTIONLot 53 of Sioux Village of Indian Hills Addition, ExcludingLots 53A, 53B and 53C Thereof, All in the City ofBrookings, South Dakota.PROPOSED LEGAL DESCRIPTIONLots 53E, 53F and 53G of Sioux Village of Indian HillsAddition, Excluding Lots 53A, 53B and 53C Thereof, Allin the City of Brookings, 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) 696-320070. 0 ' RO WLot 53E3.3 Acres or144,727 Sq FtLot 53F0.4 Acres or18,647 Sq FtLot 53G4.0 Acres or174,875 Sq FtFound Property PinWater ValveExisting Cable LineCTVExisting Electric LineEExisting Fiber Optic LineFOExisting Gas LineGASExisting Sanitary SewerSSExisting Water LineWFire HydrantSITE LEGENDApartmentGaragesGaragesGaragesSet Property Pin2 5 . 0 ' S e t b a c k 25.0'Setback25.0'Setback 25.0 ' Set b a c k 25.0'Setback15.0'Setback25.0'Setback15.0'Setback25.0'SetbackEElectric Transformer B-2A B-3R-1B R-3R-2 R-2 R-3 R-3 B-2 R-1B RB-4 B-2 R-1B R-1B R-1B R-1B B-3 B-3 PDD R-2 Zoning Map Zoning AP B-2 B-2A B-3 PDD R-1B R-2 R-3 R-3A RB-4 28092E200112N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27986E200112N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27986E163152N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27669E189552N.sid Red: Band_1 Green: Band_2 Blue: Band_3 11/25/2024 0 0.07 0.140.04 mi 0 0.1 0.20.05 km 1:6,083 Res HD Res MD Res MD Res MD Urban Low Urban Medium Urban Low Civic Civic Civic Parks Parks Parks Parks Parks Parks Parks Future Land Use Map FLU_RDG Civic Open Wetland Parks Res HD Res LD Res MD Urban Low Urban Medium 28092E200112N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27986E200112N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27986E163152N.sid Red: Band_1 Green: Band_2 Blue: Band_3 27669E189552N.sid Red: Band_1 Green: Band_2 Blue: Band_3 11/25/2024 0 0.07 0.140.04 mi 0 0.1 0.20.05 km 1:6,083 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 24-113,Version:1 Action on Resolution 24-113, a Resolution Transferring Contingency Funds to City Departments. Summary and Recommended Action: Staff recommends approval of this resolution to transfer $50,000 in contingency funds to the Animal Control / Community Service Division to account for operational needs due to an increase in personnel and scope of services provided. Attachments: Memo Resolution City of Brookings Printed on 12/12/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ashley Rentsch, Finance Director Council Meeting: December 17, 2024 Subject: Resolution 24-113: Transferring Contingency Funds to City Departments Presenter: Ashley Rentsch, Finance Director Summary and Recommended Action: Staff recommends approval of this resolution to transfer $50,000 in contingency funds to the Animal Control / Community Service Division to account for operational needs due to an increase in personnel and scope of services provided. Item Details: City staff periodically reviews expenditure budgets to ensure compliance with state laws and operational needs. The Animal Control / Community Service Division’s scope has continued to expand over the past year, to include patrol support, security, and code enforcement in addition to animal control. This has required the addition of part-time employees and hours, as well as supplies and uniforms. This resolution increases the division’s operational budget by $50,000 to account for these needs. Legal Consideration: None. Strategic Plan Consideration: Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. Safe, Inclusive, Connected Community – The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment. Financial Consideration: This resolution has no overall impact on the budget, as this is an allocation of previously budgeted contingency funds. Supporting Documentation: Resolution RESOLUTION 24-113 A RESOLUTION TRANSFERRING 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: 442 Community Service 101-442-5-101-01 Temporary Pay $15,000 101-442-5-101-04 Overtime Pay $10,000 101-442-5-120-00 FICA $10,000 101-442-5-426-03 Supplies $ 8,000 101-442-5-426-17 Uniforms & Clothing $ 7,000 Total Transfers $50,000 The Financing Source for this transfer is from the following account: 101-405-5-856-99 Contingency Fund $50,000 Total Source of Funding $50,000 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. Passed and Approved this 17th day of December, 2024. 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 24-0604,Version:1 City of Brookings Progress Report. Summary: Samantha Beckman, Assistant to the City Manager, will provide a progress report highlighting the City’s activities/projects. Attachments: Presentation City of Brookings Printed on 12/12/2024Page 1 of 1 powered by Legistar™ Progress ReportDecember 2024 General Updates •Festival of Lights Celebration Mayor’s Holiday Tree Lighting Parade Floats Mayor’s Awards December 3,2025 Public Works Engineering Division •Ditch Maintenance Project Target: October 2024 Status:Substantially Complete •Main Ave/3rd St –Pedestrian Scramble Target: December 2024 Status:In Progress Public Works Engineering Division (cont.) Brookings Regional Airport Parallel Taxiway Project 2-year project extends the taxiway the full length of runway 17/35 Status: Phase 1 Completed Target: Fall 2025 Other Items 34th Ave (BMU) Target: November 2024 Status:Substantially Complete Public Works Solid Waste Division •Solid Waste Master Plan (Implementation) Leachate Force Main Design Parking Lot Pavement Operational Gap Analysis Public Engagement •2024 Projects Landfill Equipment Building Police •New Shield •Ride-Alongs •Code Enforcement Transition •Community Policing •Breakfast with Badges •Coffee with a Cop •Educator for the Day •Festival of Lights Parks, Recreation & Forestry •Holiday Tree Lighting •Brookings Skating Academy •Ash Tree Removals •Larson Ice Center •Events &Facility Updates Library & Dacotah Bank Center Library •Window Replacement Project Complete •Lighting Upgrades Upcoming DBC •8 Event Days In December •Chamber Ag Appreciation Banquet •Mayor’s Awards & Holiday Party •Mistletoe Mayhem •Lighting Upgrades 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 24-0603,Version:1 Executive Session, pursuant to SDCL 1-25-2.1, for the 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. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1)Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; 2)Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3)Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4)Preparing for contract negotiations or negotiating with employees or employee representatives; 5)Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or 6)Discussing information pertaining to the protection of public or private property and any person on or within public or private property specific to: a.Any vulnerability assessment or response plan intended to prevent or mitigate criminal acts; b.Emergency management or response; c.Public safety information that would create a substantial likelihood of endangering public safety or property, if disclosed; d.Cyber security plans, computer, communications network schema, passwords, or user identification names; e.Guard schedules; f.Lock combinations; g.Any blueprint, building plan, or infrastructure record regarding any building or facility that would expose or create vulnerability through disclosure of the location, configuration, or security of critical systems of the building or facility; and h.Any emergency or disaster response plans or protocols, safety or security audits or reviews, or lists of emergency or disaster response personnel or material; any location or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other military or law enforcement equipment or personnel. However, any official action concerning the matters pursuant to this section shall be made at an open official meeting. An executive or closed meeting must be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents City of Brookings Printed on 12/12/2024Page 1 of 2 powered by Legistar™ File #:ID 24-0603,Version:1 an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1; SL 2022, ch 4, § 2. City of Brookings Printed on 12/12/2024Page 2 of 2 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 24-117,Version:1 Action on Resolution 24-117, a Resolution Amending the City Manager’s Contract for 2025. Summary and Recommended Action: The City Manager serves at the pleasure of and is appointed by the City Council. The City Council entered into an employment agreement with City Manager Paul Briseno on April 24, 2018.The Resolution allows for City Council to make adjustments to the City Manager’s compensation package, based on performance and merit, and additional amendments to the City Manager’s contract. There is no staff recommendation on this item as the decision is based on City Council’s performance review of the City Manager and their discretion. Attachments: Memo Resolution City Manager Contract - 2024 2018 Employment Agreement City of Brookings Printed on 12/12/2024Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Casey Bell, Director of Human Resources Council Meeting: December 17, 2024 Subject: Resolution 24-117: City Manager Contract for 2025 Presenter: Casey Bell, Director of Human Resources Summary: The Resolution allows City Council to make adjustments to the City Manager’s compensation package, based on performance and merit, and additional amendments to the City Manager’s contract. There is no staff recommendation on this item as the decision is based on City Council’s performance review of the City Manager and their discretion. Item Details: The City Manager serves at the pleasure of, and is appointed by, the City Council. The City Council entered into an employment agreement with City Manager Paul Briseno on April 24, 2018. It is prudent to review contractual language for relevance and identify any needed or desired adjustments at regular intervals. Additionally, the City Manager receives an annual performance review from City Council and is eligible for increases to his compensation package based on performance and merit. The Resolution adjusts the City Manager’s compensation package, based on performance and merit, and amends the City Manager’s contract as attached. Legal Consideration: City Attorney Steve Britzman has reviewed the Resolution. Strategic Plan Consideration: The City Manager is responsible for furthering the advancement and achievement of the City Council’s Strategic Plan and five (5) focus areas of Fiscal Responsibility; Safe, Inclusive, and Connected Community; Service and Innovation Excellence; Sustainability; and, Economic Growth. Financial Consideration: The City Manager’s compensation package and contract is subject to adjustment based on the discretion of City Council. Supporting Documentation: Resolution City Manager Contract – 2024 2018 Employment Agreement RESOLUTION 24-117 RESOLUTION APPROVING THE CITY MANAGER’S EMPLOYMENT AGREEMENT FOR 2025 WHEREAS, the City Council annually approves an Employment Agreement for the City Manager for the ensuing year; and WHEREAS, the position of City Manager is a position appointed by the City Council and the City Council desires that Paul Briseno continue as the City Manager for the City of Brookings; and WHEREAS, the City Council has determined it is appropriate to increase the City Manager’s salary percent, resulting in a total annual salary for 2025 of ; and WHEREAS, the City Manager Employment Agreement shall also provide that the City Manager shall be eligible to receive a cost-of-living increase, bonus and pay range adjustments in the same manner as other City employees; and WHEREAS; the City Council has reviewed and approves the employee benefits provided to the City Manager pursuant to the proposed City Manager Employment Contract; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Brookings, South Dakota, that the City Manager Employment Agreement, reflecting the compensation and benefits set forth herein, is hereby approved, and the Mayor and City Clerk are authorized to execute the City Manager Employment Agreement on behalf of the City of Brookings. Passed and Approved this 17th day of December, 2024. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk CITY MANAGER EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT is made and entered into this th day of April, 2018, by and between the CITY OF BROOKINGS, State of South Dakota, a municipal corporation, hereinafter referred to as "City", and Paul Briseno, hereinafter referred to as "City Manager". WITNESSETH: WHEREAS, the City desires to employ the services of Paul Briseno as City Manager; and WHEREAS, it is the desire of the governing board, hereafter referred to as the "Council", to provide certain benefits,to establish certain conditions of employment, and to set working conditions of said City Manager; and WHEREAS, City Manager desires to accept employment as City Manager of the City of Brookings; NOW THEREFORE, in consideration of the mutual covenants herein contained,the parties agree as follows: Section 1. Duties. The City hereby agrees to employ Paul Briseno as City Manager of the City of Brookings,to perform the work and duties provided in the City Charter of the City of Brookings, and to perform such other legally permissible and proper functions and du ies as the Council may from time to time assign. Section 2. Emplovment Status as "Exempt". Exempt Status: It is agreed and understood that City Manager is an exempt employee and is not eligible for overtime under the Fair Labor Standards Act. Section 3. Salary. City agrees to pay City Manager for his services rendered pursuant hereto an annual base salary of$135,000.00, payable in installments through the payroll system on a monthly basis at the same time as the other management employees of the City are paid. The City Manager will be eligible for a one (1) year anniversary pay increase, subject to satisfactory performance. Eligible salary adjustments will be considered annually, thereafter, in a percentage range equal to or greater than those given to other management employees and are subject to Council approval and a satisfactory performance evaluation. Section 4. Residency. T`he City Charter requires that the City Manager reside within the City and the City Manager may reside outside the City while under Contract only with the approval of the Council. Section 5. Performance Evaluation. A. The Council shall.duct a review of the performance of the City Manager at least annually. Said performance review and evaluation shall be in accordance with specific criteria developed by the City Council following consultation with the City Manager. Said criteria may be revised as the Council may from time to time determine, following consultation with City Manager. Further,the Mayor shall provide the City Manager with a summary written statement of the Council's findings following the City Manager's performance review and evaluation by the Council, and shall provide an adequate opportunity for the City Manager to discuss his performance evaluation and findings with the Council. B. Annually,the Council and City Manager shall define goals and performance objectives that they determine necessary for the proper operation of the City of Brookings and in the attainment of the Council's policy objectives and shall further establish a relative priority among those various goals and objectives. They shall generally be attainable within the time limitations as specified and with the annual operating and capital budgets and appropriations provided. G In effecting the provisions of this Section,the Council and City Manager also mutually agree to abide by the provisions of applicable law. Section 6. Hours of Work. It is recognized that City Manager must devote significant time outside normal office hours to the business of the City, and,to that end, City Manager will be allowed to take compensatory time off as deemed appropriate during normal office hours. Section 7. Outside Activities. City Manager shall not engage in teaching, consulting or other non-City-connected business without the prior approval of the Council. Section 8. Movin and Relocation Exnenses. A. City Manager shall obtain two (2) quotes for costs associated with packing and moving household goods. City Manager shall be reimbursed, or City may pay directly for the expenses of packing and moving City Manager, City Manager's family, and City Manager's personal property from Kearney,NE to the City af Brookings, with said payment or reimbursement not to exceed the sum of$11,250 which shall include unpacking, any storage costs necessary, insurance charges and any other actual documented moving expenses allowed by IRS regulations. B. The City will provide City Manager with$1,500 per month for a period not to exceed six 6)months to cover expenses and related costs for temparary housing until the time City Manager is able to relocate permanently. 2 C. Should City Manager leave the City Manager position in Brookings voluntaxily, City Manager will be required to reimburse the relocation costs paid to City Manager by the City according to the following schedule: 1. Leave position within first year— 100%reimbursement 2. Leave position within second year—50%reimbursement 3. Leave position within third year—25% reimbursement 4. Leave position within fourth year and thereafter—0% reimbursement. Section 9. Holidays, Vacation, and Sick Leave. A. The City Manager will be granted the same number of holidays as other management exempt) employees of the City. B. Upon employment, the City Manager will receive a two (2) week bank of vacation leave and will be given credit for ten(10) years of service, and, in accordance with City policy, the City Manager will accrue vacation time at the rate of 13.33 hours per month to accrue until the maximum 280 hours allowed per current City policy is reached. This particular policy will not apply to iongevity pay. C. Upon employment,the City Manager will receive a one hundred sixty(160)hour 4 week) bank of sick leave. The City Manager will accrue sick leave in accordance with the City rate of 12 hours per month to be used against the sick leave bank and continue to accumulate to the ma cimum of 1500 hours allowed based on employment date after January 1, 2013, per current City policy. D. The City of Brookings shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of City Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, City ordinances or any other law. All provisions of the Brookings City Code, City ordinances, resolutions, regulations and rules of the City of Brookings relating to holidays and other benefits and working conditions as they now exist or hereafter may be amended, also shall apply to City Manager as they would to other exempt employees of the City of Brookings, in addition to said benefits enumerated specifically for the benefit of the City Manager except herein as provided. Section 20. No Reduction of Benefits. City shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of City Manager, except to the degree of such a reduction which is applicable across the board for all other management employees of the City. Section 11. Insurance. A. The City will provide City Manager with health, life, dental, and vision insurance coverages at the same rate as other management exempt employees. As per City policy, the City wiil pay 75% of premiums for health insurance for the City Manager and his dependents, 75% of the single premium toward all plans for dental and vision coverage, 3 and 100%of basic term and AD&D life insurance premiums providing Fifty Thousand Dollars ($50,000) coverage. In addition,the City will offer City Manager participation in the Section 125 Flex plan. Additional insurance coverage may be available at the City Manager's sole expense. B. City shall furnish and provide City Manager with insurance protection inciuding comprehensive general liability and errors and omissions coverage applicable to all acts or omissions of City Manager arising out of his employment. Section 12. Pension. The City Manager will participate in the South Dakota Retirement System (SDRS). The City Manager participates monthly in SDRS with a 6% deduction and the City of Brookings participates with a 6%match. In addition,the City shall also contribute five (5%)percent of City Manager's compensation to a deferred compensation plan selected by the City IVlanager. Section 13. Automobile. The City will provide the City Manager a car allowance of Five Hundred Dollars ($500)per month for his use to conduct City business within the City and the County of Brookings. The City will reimburse the City Manager for mileage for City related trips made outside the County of Brookings. All travel outside the County limits using City Manager's personal vehicle will be reimbursed at the current City rate per mile. Calculation of mileage will be based on the distance from Brookings. Section 14. Dues,Conferences, and Subscrintions. A. City agrees to budget and pay for dues and subscriptions of City Manager necessary for his membership and full participation in national, regional, state, and local associations/organizations desirable for his continued professional growth and advancement, and for the good of the City. B. Within budget considerations and Council approval,the City hereby agrees to budget and pay for travel and subsistence expenses for City Manager for professional and official travel, meetings, and occasions adequate to continue the professional development of City Manager and adequately pursue necessary official functions for the City, including but not limited to the ICMA Annual Conference, the state league of municipalities, and such other national, regional, state and local governmental groups and committees for the good of the City. C. City also agrees to budget for and to pay for travel and subsistence expenses of City Manager for short courses, institutes and training seminars that are necessary for his professional development and for the good of the City. Section 15. Civic Club Membership and Business Expenses. A. City recognizes the desirability of representation in and before local civic and service organizations, for which City shall pay all membership expenses. City Manager shall report to the City on each such membership and the City will reimburse City Manager or pay directly such membership fees. 4 B. The City shall reimburse City Manager for all employment-related expenses, including, but not limited to meals, cost of registration, travel and mileage and any other subsistence costs relating to the conduct of City Business. C. A City cell phone will be provided to the City Manager and primarily used for business purposes. A reasonable amount of personal use is acceptable as the cell phone is expected to be carried on a routine basis. Section 16. Indemnification. City shall defend, hold harmless and indemnify City Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of City Manager's duties as City Manager. City will compromise and settle any such claim and pay the amount of any settlement or judgment rendered thereon. Section 17. Bond. City shall bear the full cost of any fidelity or other bonds required of the City Manager under any law or ordinance. Section 18. Suspension and Termination. The City Manager may be suspended by a resolution approved by tke affirmative vote of four (4) or more Members of the City Council which shall set forth the reasons for suspension and proposed termination("removal"). A copy of such resolution shall be served immediately upon the City Manager. The City Manager shall have fifteen (15) days in which to reply thereto in writing. The City Manager may request and shall be afforded a public hearing, and the City Council shall set a time for a public hearing upon the question of the City Manager's termination. After the public hearing, if one is requested, the City Council, by the affirmative vote of four (4) of its total membership, may adopt a final resolution of termination. The City Manager shall continue to receive full salary until the effective date of a final resolution of termination of employment. Section 19. Termination and Severance Pay. A. The City Manager will serve at the will of the Council and may be terminated immediately in the sole discretion of the City, with or without cause, at any time. B. Should the Council terminate the City Manager's employment without cause during any year of employment, the City Manager will receive six (6)months of notice or severance compensation. City Manager shall also be compensated for all remaining accrued vacation benefit time to the date of termination. Severance compensation shall be payable on a monthly basis on the same schedule as other management level payroll. Severance compensation shall include all benefits provided in this Agreement. The obligation to pay severance compensation, however, will terminate when the City Manager has obtained a position of comparable responsibility and compensation. 5 C. In the event the City Manager is terminated for cause or for a conviction of a criminal offense,then, in that event,the City shall have no obligation to pay the severance compensation indicated in the above paragraph. Examples of cause may include, but are not limited to: 1) City Manager willfully and continuously fails or refuses to comply with the terms of this Agreement or the policies, standards and regulations of the City as are from time to time estabiished; 2) City Manager shall be found guilty of fraud, dishonesty, misappropriation of funds, embezzlement, or other act of misconduct in the rendering of services on behalf of the City. D. Nothing in this agreement shall be construed to prevent, limit, or otherwise interfere with the right of the Council to terminate the services of the City Manager at any time or with the right of the City Manager to resign from his position as City Manager of the City at any time. Section 20. Voluntary Resignation. In the event City Manager elects to voluntarily resign or retire, he shall give the City thirty (30) days advance written notice of the intent to terminate employment. Section 21. Other Terms and Conditions of Emplovment. The City, following consultation with the City Manager, may establish any such other terms and conditions of employment relating to the performance of the City Manager as it deems appropriate from time to time; provided,that such terms and conditions are not inconsistent with or in conflict with the express provisions of this agreement,the City Charter or any law or regulation. No such additional terms or conditions shall be effective unless first reduced to writing and furnished to the City Manager as mutually agreed by the City Manager and the City, as an addendum to this Agreement. Section 22. Vehicle Insurance. The City Manager shall maintain continuously in force with respect to all such vehicles a policy of liability insurance having minimum limits identified in the City Vehicle Driving Policy. The City Manager sha11 maintain an acceptable driving record as outlined within the City Vehicle Driving Policy, and upon request, shall provide the City's risk management office with appropriate proof of compliance with the insurance requirements of this Section. Section 23. Powers and Duties of Citv Mana er. The duties and responsibilities of the City Manager shall be in accordance with South Dakota State law,the Brookings City Charter,the City Governance and Ends Policies, all ordinances and resolutions of the City of Brookings, and such policies as shall be adopted from time to time by 6 the City Council. The duties and responsibilities of the City Manager shall include but not necessarily be limited to the following list: The City Manager shall be the chief administrative o cer of the City, responsible to the Council for the administration of all city tnatters placed in the city manager's charge by or under this Agreement and the City Charter. The City Manager shall: A. Appoint and, when necessary in his discretion, suspend or remove all city employees and appointive administrative officers provided for by or under the City Charter. The City Manager may authorize any administrative employee or officer subject to the City Manager's direction and supervision to exercise these powers with respect to subordinates in that employee or officer's department, office or agency; B. Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by the Charter or by other applicable law; C. Attend all City Council meetings. The City Manager shall, except when the governing body may be considering suspension or removal of the City Manager, have the right to take part in discussion at City.Council meetings; D. See that a11.l vvsp provisions of,the City Charter and acts of the City Council, subject to enforcement`by the City 1Vlanager or by employees or officers subject to the City Manager's direction and supervision, are faithfully executed; E. Prepare and submit the annual budget and capital program to the City Council; F. Submit updates annually on the date specified by the City Council a five-year capital program in such form as the City Manager deems desirable or the City Councii may require; G. Submit updates annualiy on the date specified by the City Council a five-year financial plan in such form as the City Manager deems desirable or the City Council may require; H. Submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal yeax; I. Make such other reports as the City Council may require concerning the operations of City departments, offices and agencies subject to the City.Manager's direction and supervision; J. Keep the City Council advised as to the financial condition and future needs of the City; Sign all warrants for the payment of money, and the same shall be countersigned by the Clerk, hut no warrant shall be issued until the claim therefor has been approved by the City Council, except as may be otherwise provided by ordinance or resolution; K. Be the personnel director of the City; L. Make recommendations to the City Council concerning the affairs of the City; M. Provide support staff to assist the Mayor and other Council members; and N. Perform such duties as are specified in the City Charter or as may be required by the City Council. Section 24. General Provisions. a) This Agreement shall constitute the entire agreement between the parties. 7 b) This Agreement shall be binding upon and inure to ihe benefit of the heirs and executors of the City Manager. c) Except as expressly provided herein,neither party shall assign rights or delegate duties arising from this Agreement without first obtaining the express written consent of the other. d) Should any provision of this agreement or any portion thereof,be held unconstitutional, invalid,or unenforceable,the remainder of this agreement shall be deemed as severable,shall not be affected and shall remain in full force and effect. e) This agreement is governed by South Dakota law. IN WITNESS WHEREOF,this Agreement has been entered into by the parties hereto. CITY OF BROOKINGS B} _C Keith Corbett,Mayor A vv Shari Thornes,City Clerk Y (fk/ By CL l u. — ul Briseno,City Manager 8