City of Brandon: April 14

_________ Minutes _________
PLANNING & ZONING COMMISSION
The Brandon Planning & Zoning Commission met in regular session at 6:30 p.m. on March 18, 2021 at the Brandon City Council Chambers. 
Roll call was taken.  Members present were Commissioners Brian Heidbrink, Brookes Noem, Chuck Parsons, Rob Schoeneman and Alica Thiele.  Also present were Alderman Tim Jorgenson, Building Official Paul Clarke; City Administrator Bryan Read and City Engineer Tami Jansma.  Absent was Commissioner Jim Starzl.
Commissioner Parsons moved Commissioner Noem seconded to approve the agenda.  Motion carried.
Commissioner Heidbrink moved Commissioner Noem seconded to approve the consent calendar which contained the following items: a plat of Aspen Harbor Addition Lots 7, 8, 9 Block 1 and Lot 7 Block 2; a plat of The Original Town of Brandon Lot 9A Block 5 and a plat of Twin Rivers Crossing Addition Lots 1, 2, 16 Block 4 and Lots 4, 6 Block 5.  Motion carried.
Commissioner Parsons moved Commissioner Schoeneman seconded to approve the minutes of the March 4, 2021 regular meeting as amended.  Motion carried.
A public hearing was held, as advertised, to consider TIF #5 for Brandon 90 Plaza Addition.  Toby Morris, Colliers, was present for discussion.  Commissioner Heidbrink moved Commissioner Parsons seconded to approve the resolution declaring boundaries and recommend the creation of TIF #5 to City Council for approval.  Motion carried.
At 6:55 p.m., having no further business, Commissioner Thiele moved Commissioner Noem seconded to adjourn the Planning & Zoning Commission meeting.  Motion carried.
Respectfully Submitted,
Melissa Labahn
Recording Clerk
Tami Jansma 
City Engineer
Published at the approximate cost of $18.11.
April 14, 2021
 
_________ Minutes _________
The Brandon City Council met in a briefing session at 5:30 p.m. on Thursday, April 1, 2021 at the Council Chambers at 308 S Main Avenue, Brandon, South Dakota.  Present were Dana Clark, Vickie David, Barb Fish, Tim Jorgenson, David Kull and Jack Parliament.  Others present were: City Administrator, Bryan H Read; Finance Officer, Christina Smith; City Engineer, Tami Jansma; Public Works Director, Rollie Hoeke and Golf Course Manager; Andrew Bauer.  Absent: None.
The Council discussed items on the agenda for the upcoming April 5, 2021 regular Council meeting.  No formal action was taken. 
At 6:25 p.m., hearing no further business, the meeting adjourned.
Christina Smith
Municipal Finance Officer
Barb Fish 
Acting Mayor
Published at the approximate cost of $8.29.
April 14, 2021
_________ Minutes _________
SPECIAL MEETING MINUTES
The Brandon City Council met in a special meeting session at 5:00 p.m. on Monday, April 5, 2021 at the Council Chambers at 308 Main Avenue, Brandon, South Dakota.  Present were Dana Clark, Vickie David, Barb Fish, Tim Jorgenson, David Kull and Jack Parliament.  Others present were: City Administrator, Bryan H. Read; Finance Officer, Christina Smith; City Engineer, Tami Jansma; Interim Police Chief, Jamie Steffel and Golf Course Manager, Andrew Bauer.  Absent: None.
Alderwoman Clark moved Alderwoman David seconded to approve the agenda.  Motion passed.  
The special meeting was called to meet interested candidates for the vacant Mayor Seat.  The Council met candidates TJ Cameron, Jack Parliament and Chuck Parsons.  No action taken.
At 5:47 p.m., on a motion by Alderwoman Clark seconded by Alderman Jorgenson the meeting was adjourned.
Christina Smith
Finance Officer 
Barb Fish 
Acting Mayor
Published at the approximate cost of $10.75.
April 14, 2021
 
_________ Minutes _________
The Brandon City Council met in regular session at 6:00 p.m. on April 5, 2021 in the Council Chambers at 308 S. Main Avenue, Brandon, South Dakota.  Present were Dana Clark, Vickie David, Barb Fish, Tim Jorgenson, David Kull and Jack Parliament.  Others present were:  City Administrator, Bryan Read; Finance Officer, Christina Smith; City Attorney, Lisa Marso; City Engineer, Tami Jansma; Interim Police Chief, Jamie Steffel; and Golf Course Manager, Andrew Bauer.  
Council President Barb Fish chaired the meeting.
Alderwoman Clark moved Alderman Jorgenson seconded to approve the agenda as amended.  Motion carried.
Alderman Kull moved Alderwoman Clark seconded to approve the minutes of the March 11, 2021 briefing meeting and the minutes of the March 15, 2021 regular meeting.  Motion carried.
Alderman Jorgenson moved Alderman Kull seconded to approve the following claims.  Motion carried.
VENDOR, DESCRIPTION, AMOUNT; AE2S, Professional Services, 3,942.26; AFLAC, March Premium, 1,251.89; AM & S Trucks, Repairs, 264.79; Argus Leader Media, Publications, 99.49; Atco International, Supplies, 70.00; Beal Distributing, GC Resale, 1,362.35; Big Sioux Rifle & Pistol Club, Memberships, 700.00; Boyce Law Firm, Professional Services, 2,889.00; Butler Machinery, Repairs, 134.50; Canfield Business Interiors, LLC, Office Furniture, 4,870.00; Chesterman/Coca Cola, GC Resale, 429.84; Clark Engineering, Improvements, 29,516.54; Corson Village Sanitary District, March Refund, 1,034.89; Crescent Electric Supply, Supplies, 194.64; Dakota Beverage, GC Resale, 432.75; Delta Dental, April Premium, 2,950.60; DirecTV, Utilities, 48.04; Engines & Mowers, Supplies, 550.55; Fastenal, Supplies, 334.77; FedEx, Supplies, 4.54; Ferguson Waterworks, Supplies, 1,275.48; Geotek Engineering, Professional Services, 5,750.00; Gillespie Outdoor Power Equipment, Repairs, 80.00; Grainger, Supplies, 77.60; Hach Company, Supplies, 596.17; Hawkins Water Treatment, Chemicals, 3,866.75; HDR Engineering, Professional Services, 2,379.97; Jack’s Uniforms & Equipment, Supplies, 389.73; Kyle Kriech, Reimbursement, 38.95; Locators & Supplies, Supplies, 159.33; Mac Pros, Equipment, 3,071.20; McLeod’s Printing & Office Supply, Supplies, 59.23; MED-Star Paramedics Ambulance, Inc., March Contribution, 4,166.67; Meyer Laboratory, Supplies, 260.44; MidAmerican Energy, Utilities, 3,179.25; Mills & Miller, Inc., Supplies, 3,810.60; Minnehaha County Treasurer, Fees, 3,527.73; Mobilityworks of Tea, Repairs, 122.65; Modern Woodmen, April Premium, 1,732.16; National Rifle Association, Memberships, 140.00; Norberg Paints, Supplies, 17.07; Palisades Oil Co., Fuel, 1,236.91; Performance Press, Supplies, 579.49; Pfeifer’s Implement, Repairs, 194.02; Rural Office of Community Services, Transit, 11,891.89; Safe-n-Secure, Supplies, 26.72; Schoeneman Construction, Inc., Repairs, 400.00; SD Dept. of Health, Professional Services, 45.00; SD Dept. of Transportation, Professional Services, 222.04; SD One Call, Utilities, 36.96; SD-DENR, Registration Fees, 10.00; Sioux Falls Area Humane Society, Professional Services, 216.30; Sioux Falls Ford, Repairs, 409.21; Sioux Valley Energy, Utilities, 36,013.12; Sioux Valley Energy, Improvements, 4,017.35; Staples, Supplies, 488.45; Staples Enterprises, Inc., Fuel, 49.50; Stockwell Engineers, Professional Services, 20,240.55; Stryker Sales, Supplies, 246.00; The Wright Vacs, Supplies, 59.95; TSP, Inc., Improvements, 2,568.48; Uline, Supplies, 41.72; Verizon Wireless, Utilities, 489.72; Verizon Wireless, Utilities, 495.27; Wellmark BC/BS, April Premium, 58,153.37; Wirtjes Auto, Repairs, 1,905.00; TCF National Bank, GC Equipment Lease, 2,456.40; Council, March 18, 2021 Payroll, 7,591.52; Mayor, March 18, 2021 Payroll, 1,356.81; City Administration, March 18, 2021 Payroll, 3,490.84; Planning & Zoning, March 18, 2021 Payroll, 1,182.08; Park Advisory Committee, March 18, 2021 Payroll, 554.10; Finance Officer, March 18, 2021 Payroll, 4,355.95; Government Buildings, March 18, 2021 Payroll, 110.82; Police, March 18, 2021 Payroll, 23,523.71; Building Inspections, March 18, 2021 Payroll, 3,394.87; Traffic Engineer, March 18, 2021 Payroll, 3,087.96; Street Department, March 18, 2021 Payroll, 4,385.90; Recreation, March 18, 2021 Payroll, 51.02; Park Department, March 18, 2021 Payroll, 4,269.90; Economic Development, March 18, 2021 Payroll, 1,270.22; Water Department, March 18, 2021 Payroll, 8,270.84; Sewer Department, March 18, 2021 Payroll, 3,074.05; Golf Course Grounds, March 18, 2021 Payroll, 1,810.32; Golf Course Lounge, March 18, 2021 Payroll, 1,333.06; Golf Course Pro Shop, March 18, 2021 Payroll, 1,938.98; Golf Course Community Room, March 18, 2021 Payroll, 694.92; 941 Payroll Taxes, March 18, 2021 Payroll, 22,544.83; SD Retirement System Supplemental, March 18, 2021 Payroll, 687.50; SD Retirement System, March Contribution, 22,861.69; Accounts Management, Inc., March 18, 2021 Payroll, 75.00; TASC Flex Plan, March 18, 2021 Payroll, 976.87; Direct Pay Reimbursement, Direct Pay Reimbursement, 1,500.00;
Alderwoman Clark moved Alderwoman David seconded to approve the consent calendar which contained the following: a plat of the Original Town of Brandon Lot 9A Block 5; a plat of Lot 9A Block 3 Tallgrass Village; a plat of Lots 1, 2 & 16 Block 4 and Lots 4 & 6 Block 5 of Twin Rivers Crossing Addition and a plat of Lots 7, 8 & 9 Block 1 and Lot 7 Block 2 of Aspen Harbor Addition  Motion carried.
Lisa Marso, 1325 S. Parkview Place, was present for discussion.  Lisa presented information regarding the Protect & Soft Serve Program, where police officers can issue a B&G ice cream “citation” to children they see being safe by wearing bike helmets, using crosswalks, etc.  Local insurance agencies who have donated financially: American Family Insurance, Boen & Associates, Clark Insurance, Financial Insurance Services, McKinney Olson Insurance, State Farm Insurance.  B&G Milkyway and Performance Press also donated products & services.  
Interim Police Chief Jamie Steffel was presented the certificates for the ice cream “citations.”  
Chuck Parsons, 600 N. Yellowstone Drive, was present for discussion on the topic of possibly selling the golf course.  Chuck read an email he received from Jesse Fonkert, Executive Director of the Sioux Metro Growth Alliance.  The email discussed quality of life amenities, such as a golf course.  Chuck expressed his opposition to the selling of the golf course.
John Sittig, 1212 E. Fleetwood Circle, was present for discussion on the topic of possibly selling the golf course.  John was present to support the golf course and was in opposition to the selling of the golf course.  
Scott Peterson, 1620 E. Rushmore Drive, was present for discussion on the topic of possibly selling the golf course.  Scott was present to support the golf course and was in opposition to the selling of the golf course.
TJ Cameron, 2821 E. Daybreak Circle, was present for discussion on the topic of possibly selling the golf course.  TJ was present to support the golf course and was in opposition to the selling of the golf course.
Roy Schnabel, 2201 E. Pebble Beach Lane, was present for discussion on the topic of possibly selling the golf course.  Roy was present to support the golf course and was in opposition to the selling of the golf course.
John Murawski, 113 S. Yellowstone Drive, was present for discussion on the topic of possibly selling the golf course.  John was present to support the golf course and was in opposition to the selling of the golf course.
Dan Mostek, 1112 E. Lark Street, was present for discussion on the topic of the possibly selling the golf course.  Dan was present to support the golf course and was in opposition to the selling of the golf course.
ORDINANCE #629
Alderman Jorgenson moved Alderman Kull seconded to give first reading to Ordinance #629: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SOUTH DAKOTA PROVIDING THT THE REVISED ZONING ORDINANCE NUMBER 531 AND THE OFFICIAL ZONING MAP OF THE CITY OF BRANDON, SOUTH DAKOTA BE AMENDED TO PROVIDE FOR THE RE-ZONING OF THE FOLLOWING DESCRIBED PROPERTY.  A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye.  Motion carried.
ORDINANCE #622
Alderman Jorgenson moved Alderwoman David seconded to give second reading to Ordinance #622: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SD, AMENDING THE BRANDON ZONING ORDINANCE BY AMENDING CHAPTER 15-22-2, DEFINITIONS, DEFINITIONS.  A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye.  Motion carried.
ORDINANCE #623
Alderman Kull moved Alderwoman David seconded to give second reading to Ordinance #623: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SD, AMENDING THE BRANDON ZONING ORDINANCE BY AMENDING CHAPTER 15-12-10, IN: INSTITUTIONAL DISTRICT, LOT AND YARD REGULATIONS.  A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye.  Motion carried.
ORDINANCE #624
Alderwoman Clark moved Alderwoman David seconded to give second reading to Ordinance #624: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SD, AMENDING THE BRANDON ZONING ORDINANCE TO CLARIFY FRONT YARD SETBACK MEASUREMENTS FROM PUBLIC AND PRIVATE ROADS, BY AMENDING CHAPTER 15-4-11, R-1: LOW DENSITY RESIDENTIAL DISTRICT, LOT AND YARD REGULATIONS; CHAPTER 15-5-11, R-2: MEDIUM DENSITY RESIDENTIAL DISTRICT, LOT AND YARD REGULATIONS; CHAPTER 15-6-11, R-3: HIGH DENSITY RESIDENTIAL DISTRICT, LOT AND YARD REGULATIONS; CHAPTER 15-9-10; GB: GENERAL BUSINESS DISTRICT, LOT AND YARD REGULATIONS; CHAPTER 15-10-10, LI: LIGHT INDUSTRIAL DISTRICT, LOT AND YARD REGULATIONS; CHAPTER 15-11-10, HI: HEAVY INDUSTRIAL DISTRICT, LOT AND  YARD REGULATIONS; AND CHAPTER 15-22-2, DEFINITIONS, DEFINITIONS.  .  A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye.  Motion carried.
ORDINANCE #625
Alderman Jorgenson moved Alderwoman Clark seconded to give second reading to Ordinance #625: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SD, AMENDING THE BRANDON ZONING ORDINANCE BY AMENDING CHAPTER 15-11-3, HI: HEAVY INDUSTRIAL DISTRICT, CONDITIONAL USES.  A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye.  Motion carried.
ORDINANCE #626
Alderwoman Clark moved Alderman Jorgenson seconded to give second reading to Ordinance #626: TITLE: AN ORDINANCE OF THE CITY OF BRANDON, SD, AMENDING THE BRANDON ZONING ORDINANCE BY AMENDING CHAPTER 15-3-2, NRC: NATURAL RESOURCE CONSERVATION DISTRICT, PERMITTED USES; CHAPTER 15-3-3, NRC: NATURAL RESOURCE CONSERVATION DISTRICT, CONDITIONAL USES; CHAPTER 15-4-3, R-1: LOW DENSITY RESIDENTIAL DISTRICT, CONDITIONAL USES; CHAPTER 15-5-3, R-2: MEDIUM DENSITY RESIDENTIAL DISTRICT, CONDITIONAL USES; CHAPTER 15-6-3, R-3: HIGH DENSITY RESIDENTIAL DISTRICT, CONDITIONAL USES; CHAPTER 15-7-3, R-4: MANUFACTURED HOUSING RESIDENTIAL DISTRICT, CONDITIONAL USES; CHAPTER 15-8-2, CB: CENTRAL BUSINESS DISTRICT, PERMITTED USES; CHAPTER 15-8-3, CB: CENTRAL BUSINESS DISTRICT, CONDITIONAL USES; CHAPTER 15-9-2, GB: GENERAL BUSINESS DISTRICT, PERMITTED USES; CHAPTER 15-9-3, GB: GENERAL BUSINESS DISTRICT, CONDITIONAL USES; AND CHAPTER 15-22-2, DEFINITIONS, DEFINITIONS.  A roll call vote showed David, Fish, Jorgenson, Kull aye; Clark, Parliament nay.  Motion carried.
GOLF COURSE SEASONAL EMPLOYEES
The Golf Course Committee report was heard.  Alderman Kull moved Alderwoman Clark seconded to approve the following part-time staff for the Golf Course for 2021.  Alderman Jorgenson recused himself from the discussion & vote.  A roll call vote showed Clark, David, Fish, Kull, Parliament aye.  Motion carried.
Cart Attendant:
Jacob Jorgenson, $9.45 per hour; Champ Stevens, $9.45 per hour; Lance Lehfeldt,
$9.45 per hour; Nicholas Gromer, $9.45 per hour
Pro Shop Attendant:
Elizabeth Duncan, $9.45 per hour
Lounge/Beverage Cart:
Brandi Grace, $7.95 per hour
DISCUSSION ON SALE OF THE BRANDON GOLF COURSE
Alderwoman Clark discussed her concerns with the budget, and is looking at ways to decrease costs.  One option being to explore the possibility of selling the golf course.  Questions on the Cities ability to sell the golf course, since part of the property was originally donated to the City.  City Attorney Lisa Marso discussed having to do a title search and further research to determine the Cities ability to sell the course.  Alderman Parliament does not feel pursuing the sale of the golf course is the right thing to do.  Alderman Kull does not support the idea of selling the golf course.  Alderwoman Fish does not support the idea of selling the golf course.  Discussion held on the possibility of leasing the golf course as an option to increase revenue.  No further action taken at this time.  Staff will provide more information on the RFP process for potential lease options.
ASPEN PARK ROAD BIDS
The Parks & Recreation Committee report was heard.  Alderwoman Fish moved Alderwoman David seconded to approve the bid from SiteWorks, Inc. in the amount of $334,773.73 for the Aspen Park Road improvements.  Motion carried.
Company, Bid Amount;
SiteWorks, $334,773.73;
Underground Connections, $337,445.00;
Metro Construction, $354,816.21;
ASCO, $395,998.50;
Plains Utilities & Exc., $412,000.00;
POOL PROJECT CHANGE ORDER
Alderwoman Fish moved to approve change order #4 to Beck & Hofer Construction in the amount of $166,165.96 for the pool improvements project.  After further discussion and advice from City Attorney Lisa Marso, Alderman Parliament amended the original motion to go with asphalt shingles and per the Engineers direction limit the amount of improvements in this change order to less than $100,000.00.  Alderwoman David seconded.  Motion carried.
REQUEST TO CONSUME ALCOHOL IN MCHARDY PARK
Alderwoman Clark moved Alderman Jorgenson seconded to approve the request from Laurie White to consume alcohol at McHardy Park on May 15, 2021 from 12:00pm to 4:00pm.  Motion carried.
PROCLAMATION #2021-02
The Public Safety Committee report was heard.  Proclamation #2021-02 was presented declaring the month of May 2021 as Building Safety Month in Brandon, SD.
Proclamation 2021-02
Building Safety Month — May 2021 
 Whereas, the City of Brandon is committed to recognizing that our growth and strength depends on the safety and economic value of the homes, buildings and infrastructure that serve our citizens, both in everyday life and in times of natural disaster, and;   
 Whereas, our confidence in the structural integrity of these buildings that make up our community is achieved through the devotion of vigilant guardians––building safety and fire prevention officials, architects, engineers, builders, tradespeople, design professionals, laborers, plumbers and others in the construction industry––who work year-round to ensure the safe construction of buildings, and; 
 Whereas, these guardians are dedicated members of the International Code Council, a U.S. based organization, that brings together local, state and federal officials that are experts in the built environment to create and implement the highest-quality codes to protect us in the buildings where we live, learn, work, play, and; 
 Whereas, our nation benefits economically and technologically from using the International Codes® that are developed by a national, voluntary consensus codes and standards developing organization, our government is able to avoid the high cost and complexity of developing and maintaining these codes, which are the most widely adopted building safety and fire prevention codes in the world;  
 Whereas, these modern building codes include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquake; which, according to a FEMA commissioned study by the National Institute of Building Sciences, provide $11 in future mitigation benefits for every dollar invested, and; 
 Whereas, Building Safety Month is sponsored by the International Code Council to remind the public about the critical role of our communities’ largely unknown protectors of public safety––our local code officials––who assure us of safe, efficient and livable buildings that are essential to America’s prosperity, and; 
 Whereas, “Prevent, Prepare, Protect. Building Codes Save.” the theme for Building Safety Month 2021, encourages all Americans to raise awareness of the importance of safe and resilient construction; fire prevention; disaster mitigation, and new technologies in the construction industry. Building Safety Month 2021 encourages appropriate steps everyone can take to ensure the safety of our built environment, and recognizes that the implementation of safety codes by local and state agencies has saved lives and protected homes and businesses, and, 
 Whereas, each year, in observance of Building Safety Month, Americans are asked to consider the commitment to improve building safety and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property. 
 NOW, THEREFORE, I, Barb Fish, City Council President- City of Brandon, South Dakota do hereby proclaim the month of May 2021 as Building Safety Month. Accordingly, I encourage our citizens to join with their communities in participation in Building Safety Month activities. 
Barb Fish
Council President
ATTEST:
Christina Smith
Municipal Finance Officer
(Seal)
SALARY REVIEW AND ADJUSTMENT
Alderwoman Clark moved Alderwoman David seconded to approve the annual salary adjustment for Austin Peterson, to step 16-9 on the wage scale, $33.95 per hour, effective April 11, 2021.  Motion carried. 
SALARY REVIEW AND ADJUSTMENT
Alderwoman Clark moved Alderman Kull seconded to approve the annual salary adjustment for Paul Clarke, to step 16-13 on the wage scale, $36.94 per hour, effective April 14, 2021.  Motion carried. 
LOYALTY DAY PARADE
Rick Vanden Hoek, Commander VFW Post 4726 was present for discussion.  Alderman Kull moved Alderwoman Clark seconded to approve the Loyalty Day Parade for May 2, 2021 as presented.  Motion carried.
APPOINTMENT TO FILL MAYOR VACANCY
The Administration Committee report was heard.   Alderwoman David moved Alderwoman Clark seconded to appoint Alderman Parliament to fill the Mayor vacancy.  Discussion held on Alderman Parliament being able to vote for oneself as being a possible conflict of interest.  Alderwoman Fish moved Alderman Jorgenson seconded to state that it would be a conflict of interest for Alderman Parliament to vote for oneself.  Alderman Parliament recused himself from the vote.  A roll call vote showed Fish, Jorgenson, Kull aye; Clark, David nay.  Motion failed.
Vote on the original motion to appoint Alderman Parliament to fill the Mayor vacancy, a roll call vote showed Clark, David, Parliament aye; Fish, Jorgenson, Kull nay.  Motion failed.
Alderwoman Fish moved Alderman Jorgenson seconded to appoint Alderman Parsons to fill the Mayor vacancy.  A roll call vote showed Fish, Jorgenson, Kull aye; Clark, David, Parliament nay.  Motion failed.
GENERAL OBLIGATION BOND ISSUE
Alderman Parliament discussed the possibility of a general obligation bond to help fund a new police station and remodeling the existing police/administration building.  No action taken at this time.
BRANDON VALLEY OPTIMIST CLUB FUNDRAISING EVENT
It was the consensus of the Council to approve the request from the Brandon Valley Optimist Club to conduct a fundraising event on May 6, 2021 at Tailgators, as presented. 
RESOLUTION #07-21
Alderman Jorgenson moved Alderwoman Clark seconded to approve Resolution #07-21.  A roll call vote showed Clark, David, Fish, Jorgenson, Kull, Parliament aye.  Motion carried.
RESOLUTION #07-21
RESOLUTION PROVIDING FOR THE CREATION OF TAX INCREMENTAL DISTRICT NUMBER FIVE, CITY OF BRANDON, SOUTH DAKOTA
WHEREAS, the City of Brandon Planning Commission has recommended the District Boundaries for Tax Incremental District Number Five, City of Brandon, South Dakota, and has recommended its creation; and
WHEREAS, the City Council, City of Brandon, South Dakota (the “City), has the powers, pursuant to SDCL § 11-9-5, to create Tax Incremental District Number Five, City of Brandon, South Dakota, and to define its boundaries.
NOW THEREFORE, IT IS HEREBY RESOLVED:
1. Authority and Declaration of Necessity.  City of Brandon, South Dakota, declares the necessity for the creation of Tax Incremental District Number Five, City of Brandon, South Dakota (hereinafter sometimes referred to as the “District”), pursuant to SDCL Chapter 11-9.  Further, the City finds that the improvement of the area within the District is likely to enhance significantly the value of substantially all of the real property in the District and is necessary for economic development within the City of Brandon and the State of South Dakota.
2. Findings.  The City Council makes the following findings with regard to economic development:
a. More than 50% of the property in the District by area will stimulate and develop the general economic welfare and prosperity of the City of Brandon and the State of South Dakota;
b. Improvements to the District will significantly and substantially enhance the value of all property within the District;
c. Development of the District will enhance sales tax revenue for the City of Brandon and the State of South Dakota;
d. Development of the District for commercial purposes will improve the quality of life for residents of the City of Brandon by providing more employment opportunities and generation of taxes for the City.
  3. Findings of Maximum Percentage of Tax Incremental Districts.  The aggregate assessed value of the taxable property in the District, plus all other tax incremental districts does not exceed ten (10%) percent of the total assessed valuation of the City.
4. Creation of District.  There is hereby created, pursuant to SDCL Chapter 11-9, Tax Incremental District Number Five, City of Brandon, South Dakota.  The District is hereby created on the day this Resolution becomes effective which shall be twenty (20) days after publication of this Resolution. 
5. Designation of District Boundaries.  The District shall be located with the northern, southern, western, and eastern boundaries of the following described real property:
• TRACT 8, NELSON’S ADDITION IN THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 102 NORTH, RANGE 48 WEST OF THE 5TH P.M., MINNEHAHA COUNTY, SOUTH DAKOTA.
• To be re-platted as TRACT A & LOT 2, BLOCK 2, BRANDON 90 PLAZA ADDITION to the City of Brandon, Minnehaha County, South Dakota
6. Creation of Tax Incremental Fund.  There is hereby created, pursuant to SDCL 11-9-31, a Tax Incremental District Number Five Fund, which shall be a segregated asset account.  All tax increments collected pursuant to Tax Incremental District Number Five shall be deposited into the Tax Incremental District Number Five Fund.  All funds in the Tax Incremental District Number Five Fund shall be used solely for those purposes expressly stated and reasonably inferred in SDCL Chapter 11-9.
Passed and approved this 5th day of April, 2021.
CITY OF BRANDON 
Mayor
ATTEST:
Christiana Smith, Finance Officer
SDDOT TAP GRANT AGREMENT
The Streets Committee report was heard.  Alderwoman Clark moved Alderman Jorgenson seconded to approve the SDDOT Transportation Agreement as presented.  Motion carried.
GRANT AGREEMENT WITH SDDOT FOR CARES ACT FUNDING FOR TRANSIT SVC
Alderman Parliament moved Alderwoman David seconded to approve the agreement with the State of SD for the 2021 Transit Funding through the CARES ACT funding, as presented.  Motion carried.
BRIDGE IMPROVEMENT GRANT WITH SDDOT
Alderman Kull moved Alderman Parliament seconded to approve the agreement with the SDDOT for the Bridge Improvement Grant, as presented.  Motion carried.
At 8:12 p.m. Alderwoman Clark moved Alderwoman David seconded to go into executive session to discuss potential litigation, per SDCL 1-25-2.3.  Motion carried.  At 8:22 p.m. Council President Fish declared the executive session ended.
At 8:23 p.m. on a motion by Alderwoman Clark seconded by Alderwoman David the meeting was adjourned.
Melissa Labahn
Municipal Recording Clerk
Barb Fish
Council President
Published at the approximate cost of $242.53.
April 14, 2021
 
______ ORDINANCE #622 ______
AN ORDINANCE OF THE CITY OF BRANDON, SD, AMENDING THE BRANDON ZONING ORDINANCE BY AMENDING CHAPTER 15-22-2, DEFINITIONS, DEFINITIONS.
BE IT ORDAINED BY THE CITY OF BRANDON, SD:
Section 1. That Chapter 15-22-2 of the Brandon Zoning Ordinance is hereby amended to include the following definitions:
IMPERVIOUS SURFACE - Any surface which does not allow rainfall to percolate into the underlying subgrade.
PERMEABLE PAVEMENT - A paving system which allows rainfall to percolate into the underlying subgrade. 
Section 2. That the following definitions within Chapter 15-22-2 of the Brandon Zoning Ordinance are hereby amended as follows:
HARD SURFACED - An impervious surface or a permeable pavement, including asphalt, concrete, and/or landscape pavers. 
Adopted this _________ day of ____________, 2021.
Mayor
ATTEST:
Finance Officer
Seal
First Reading: March 15, 2021
Second Reading & Adoption: April 5, 2021
Published: April 14, 2021
Effective Date: May 5, 2021
Published at the approximate cost of $12.89.
April 14, 2021
 
______ ORDINANCE #624 ______
AN ORDINANCE OF THE CITY OF BRANDON, SD, AMENDING THE BRANDON ZONING ORDINANCE TO CLARIFY FRONT YARD SETBACK MEASUREMENTS FROM PUBLIC AND PRIVATE ROADS, BY AMENDING CHAPTER 15-4-11, R-1: LOW DENSITY RESIDENTIAL DISTRICT, LOT AND YARD REGULATIONS; CHAPTER 15-5-11, R-2: MEDIUM DENSITY RESIDENTIAL DISTRICT, LOT AND YARD REGULATIONS; CHAPTER 15-6-11, R-3: HIGH DENSITY RESIDENTIAL DISTRICT, LOT AND YARD REGULATIONS; CHAPTER 15-9-10; GB: GENERAL BUSINESS DISTRICT, LOT AND YARD REGULATIONS; CHAPTER 15-10-10, LI: LIGHT INDUSTRIAL DISTRICT, LOT AND YARD REGULATIONS; CHAPTER 15-11-10, HI: HEAVY INDUSTRIAL DISTRICT, LOT AND  YARD REGULATIONS; AND CHAPTER 15-22-2, DEFINITIONS, DEFINITIONS.
BE IT ORDAINED BY THE CITY OF BRANDON, SD:
Section 1.  That Exception #4 of Chapter 15-4-11 of the Brandon Zoning Ordinance is hereby amended to read as follows:
#4.   The front yard setback on lots abutting a public street shall be twenty-five (25) feet. However, the non-addressed front yard setback may be reduced to twenty (20) feet on corner lots if it also abuts a public street.
If the lot contains or abuts a private street/mutual access easement, the front yard setback(s) shall be fifteen (15) feet measured from the edge of the sidewalk easement that is closest to the structure.
Section 2.  That Exception #4 of Chapter 15-5-11 of the Brandon Zoning Ordinance is hereby amended to read as follows:
#4.   The front yard setback on lots abutting a public street shall be twenty-five (25) feet. However, the non-addressed front yard setback may be reduced to twenty (20) feet on corner lots if it also abuts a public street.
If the lot contains or abuts a private street/mutual access easement, the front yard setback(s) shall be fifteen (15) feet measured from the edge of the sidewalk easement that is closest to the structure.
Section 3.  That Exception #4 of Chapter 15-6-11 of the Brandon Zoning Ordinance is hereby amended to read as follows:
#4.   The front yard setback on lots abutting a public street shall be twenty-five (25) feet. However, the non-addressed front yard setback may be reduced to twenty (20) feet on corner lots if it also abuts a public street.
If the lot contains or abuts a private street/mutual access easement, the front yard setback(s) shall be fifteen (15) feet measured from the edge of the sidewalk easement that is closest to the structure.
Section 4.  That Exception #4 of Chapter 15-9-10 of the Brandon Zoning Ordinance is hereby amended to read as follows:
#4. The front yard setback on lots abutting a public street shall be twenty-five (25) feet. If the lot contains or abuts a private street/mutual access easement, the front yard setback(s) shall be fifteen (15) feet measured from the edge of the sidewalk easement that is closest to the structure.
Section 5.  That Exception #3 of Chapter 15-10-10 of the Brandon Zoning Ordinance is hereby amended to read as follows:
#3. The front yard setback on lots abutting a public street shall be twenty-five (25) feet. If the lot contains or abuts a private street/mutual access easement, the front yard setback(s) shall be fifteen (15) feet measured from the edge of the sidewalk easement that is closest to the structure.
Section 6.  That Exceptions #2 and #3 of Chapter 15-11-10 of the Brandon Zoning Ordinance is hereby amended to read as follows:
#2. The front yard setback on lots abutting a public street shall be twenty-five (25) feet. If the lot contains or abuts a private street/mutual access easement, the front yard setback(s) shall be fifteen (15) feet measured from the edge of the mutual access easement.
#3 If any structure on the lot exceeds thirty (30) feet in height, a front yard setback of fifty (50) feet from a public street or forty (40) feet from the edge of the mutual access easement if the lot contains or abuts a private street/mutual access easement shall be required.
Section 7.  That the following definition in Chapter 15-22-2 of the Brandon Zoning Ordinance is hereby amended as follows:
STREET – A public or private way that affords the principal means of access to an abutting property.
Adopted this _________ day of ____________, 2021.
Mayor
ATTEST:
Finance Officer
Seal
First Reading:  March 15, 2021
Second Reading & Adoption:  April 5, 2021
Published:  April 14, 2021
Effective Date:  May 5, 2021
Published at the approximate cost of $45.13.
April 14, 2021

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