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HomeMy WebLinkAbout2019_04_23 CC PKTCity Council City of Brookings Meeting Agenda Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 "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 Chambers5:30 PMTuesday, April 23, 2019 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. 5:30 PM EXECUTIVE SESSION 1.ID 2019-0133 Executive Session, pursuant to SDCL 1-25-2, for purposes of discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business Action: Motion to enter into Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. 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, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 3.A. Action to approve the agenda. Page 1 City of Brookings April 23, 2019City Council Meeting Agenda 3.B.ID 2019-0134 Action to approve the March 26 and April 16, 2019 City Council Minutes. 3/26/2019 Minutes 4/16/2019 Minutes Attachments: 3.C.ID 2019-0159 Action on a request from Daniel J. Carter, 1823 Torrey Pines Drive, to abate property taxes in the amount of $505.00, legal description: Lot 1, Block 8, Moriarty 4th Addition. Parcel #40381-00800-001-00. Abatement ApplicationAttachments: 3.D.ID 2019-0160 Action on a request from the City of Brookings, dba Brookings Health Systems, 300 22nd Ave. So., to abate property taxes in the amount of $13,365.62, legal description: Outlots, E 221.4’ of OL “B”, Section 30-110-49 and W 39’ of Block 5, Mayland Addition. Parcel #40960-11049-302-10. Abatement ApplicationAttachments: 3.E.ID 2019-0163 Action on a request from Karen Korkow, 125 Jefferson Ave., to abate property taxes in the amount of $589.80, legal description: So. 70’ of Lot 5, Block 2, Morningside Addition. Parcel #40385-00200-005-05. Abatement ApplicationAttachments: 3.F.ID 2019-0161 Action on appointments to the Brookings Committee for People who have Disabilities. 3.G.ID 2019-0162 Action on appointments to City Boards, Committees and Commissions. 3.H.RES 19-036 Action on Resolution 19-036, a Resolution declaring surplus property for the City of Brookings. ResolutionAttachments: 3.I.RES 19-031 Action on Resolution 19-031, a Bridge Reinspection Program Resolution for use with SDDOT Retainer Contracts. Resolution - clean Resolution - marked Resolution 19-031 - 3.26.2019 Attachments: Legislative History 3/26/19 City Council approved 3.J.RES 19-037 Action on Resolution 19-037, a Resolution Authorizing a State Water Plan Application and Related Grant/Loan Application (State Avenue Watershed Improvement Project). ResolutionAttachments: 4. Items removed from Consent Agenda. Page 2 City of Brookings April 23, 2019City Council Meeting Agenda Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.A. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 5.B. SDSU Student Association Report. 5.C.ID 2019-0170 Brookings Municipal Utilities Financial Report. BMU Presentation Financial Ratio - Debt Service Attachments: 6. Contracts/Change Orders: 7. Ordinance First Readings: No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. 7.A.ORD 19-005 Introduction and First Reading on Ordinance 19-005, an Ordinance Amending Article VI of Chapter 22 of the Code of Ordinances of the City of Brookings and Pertaining to Rental Dwelling Units in the City of Brookings. Public Hearing: May 14, 2019. Memo Ordinance Peer Community Research Comparison Rental Dwelling Units - Marked Attachments: 8. Public Hearings and Second Readings: 8.A.ORD 19-003 Public Hearing and Action on Ordinance 19-003, an Ordinance establishing an Appeal Procedure for Dogs declared to be Biting or Vicious in the City of Brookings, South Dakota. Memo City Attorney Memo Ordinance Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 3/26/19 City Council read into the record 8.B.ORD 19-004 Second Reading and Action on Ordinance 19-004, an Ordinance authorizing Supplemental Appropriation #1 to the 2019 Budget. Page 3 City of Brookings April 23, 2019City Council Meeting Agenda Memo Ordinance Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 3/26/19 City Council read into the record 9. Other Business: 10. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 11. Adjourn. Brookings City Council: Keith Corbett, Mayor, Mary Kidwiler, Deputy Mayor & Council Member Council Members Patty Bacon, Dan Hansen, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, Acting City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org Assisted Listening Systems (ALS) are available upon request by contacting (605) 692 6281. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact (605) 692 6281 at least three working days prior to the meeting. Page 4 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 2019-0133,Version:1 Executive Session, pursuant to SDCL 1-25-2, for purposes of discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business 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. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such 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 may be construed to prevent 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. City of Brookings Printed on 4/18/2019Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2019-0134,Version:1 Action to approve the March 26 and April 16, 2019 City Council Minutes. Attachments: 03/26/2019 Minutes 04/16/2019 Minutes City of Brookings Printed on 4/18/2019Page 1 of 1 powered by Legistar™ Brookings City Council March 26, 2019 (unapproved) The Brookings City Council held a meeting on Tuesday, March 26, 2019 at 6:00 PM, at City Hall with the following City Council members present: Deputy Mayor Mary Kidwiler, Council Members Dan Hansen, Holly Tilton Byrne, Nick Wendell, and Ope Niemeyer. Mayor Keith Corbett and Council Member Patty Bacon were absent. City Manager Paul Briseno, City Attorney Steve Britzman, and Acting City Clerk Bonnie Foster were also present. 6:00 PM REGULAR MEETING Consent Agenda:A motion was made by Council Member Hansen, seconded by Council Member Tilton Byrne, to approve the Consent Agenda. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Kidwiler, Wendell, and Tilton Byrne; Absent: 2 - Bacon, and Corbett. 3.A. Action to approve the agenda. 3.B. Action to approve the March 7, and March 12, 2019 City Council Minutes. 3.C. Action on a Preliminary Plat for Lots 17 & 18, Block 11, McClemans Addition. 3.D. Action on Resolution 19-032, a Resolution Declaring Jurisdictional Change of 34th Avenue (473rd Avenue), 210th Street and 8th Street South. Resolution 19-032 - A Resolution declaring Jurisdictional change of 34th Avenue (473rd Avenue), 210th Street and 8th Street South Be It Resolved by the City Council of the City of Brookings, South Dakota (the “City”), as follows: Whereas, 34th Avenue, otherwise known as 473rd Avenue, from Highway 14 Bypass to 210th Street and 210th Street from 34th Avenue to the east approximately 0.970 miles and 8th Street South from Main Avenue South to the West City Limits are currently listed on the Primary Brookings County Highway System and are within the Brookings City Limits; and Whereas, the purpose of this resolution is to accept these streets under jurisdictional control by the City of Brookings. Jurisdictional control will allow the City to plan, finance and construct the street improvements necessary to improve transportation, drainage and safety to accommodate current and future growth; and Whereas, SDCL §31-17-16 sets forth the procedure for assignment of responsibility for secondary highways on the boundary line of a municipality, and SDCL §9-45-1 authorizes a municipality to construct, maintain and repair roads within its jurisdiction, and Whereas, the County of Brookings, having removed the above-described highway from the County Highway System. Now, Therefore, the City of Brookings hereby accepts responsibility for the highways described in this Resolution pursuant to applicable law, thereby including the above-described highways within its jurisdiction. 3.E. Action on Resolution 19-031, Bridge Reinspection Program Resolution for use with SDDOT Retainer Contracts. Resolution 19-031 - Bridge Reinspection Program Resolution for use with SDDOT Retainer Contracts Whereas, Title 23, Section 151, United States Code and Title 23, Part 650, Subpart C, Code of Federal Regulations, requires initial inspection of all bridges and reinspection at intervals not to exceed two years with the exception of reinforced concrete box culverts that meet specific criteria. These culverts are reinspected at intervals not to exceed four years. Therefore, the City of Brookings is desirous of participating in the Bridge Inspection Program using Bridge Replacement Funds. 3.F. Action on Resolution 19-029, a Resolution authorizing the City Manager to Sign an Agreement between the State of South Dakota Department of Transportation and the City of Brookings pertaining to Disbursement of Airport Funds. Resolution 19-029 - A Resolution Authorizing the City Manager to Sign an Agency Agreement between the State of South Dakota Department of Transportation and the City of Brookings Pertaining to Disbursement of Airport Funds Whereas, the Brookings City Council wishes to develop its municipal airport and seeks federal funding; and Whereas, the State of South Dakota has statutory authority to assist in the development of aviation facilities within the State and will act as an agent for the receipt and disbursement of all funds for proposed aviation projects; and Whereas, the City of Brookings agrees to develop and manage the Brookings Airport in accordance with grant agreements, amendments, rules and regulations of the Federal Aviation Administration (FAA) and any supplemental guidance or grant assurances and other stipulations stated in the Agency Agreement. Now, Therefore Be It Resolved that the City Manager of the City of Brookings is authorized to sign the Agency Agreement between the State of South Dakota Department of Transportation and the City of Brookings. Proclamation. Sarah Lippert, Brookings Volunteer Connections Coordinator, accepted a Proclamation declaring National Volunteer Week April 7-13, 2019. Resolution 19-027. A motion was made by Council Member Hansen, seconded by Council Member Niemeyer, that Resolution 19-027, a Resolution Awarding Bids on 2019-11STI, Airport Sanitary Sewer Project, be approved. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Kidwiler, Wendell, and Tilton Byrne; Absent: 2 - Bacon, and Corbett. Resolution 19-027 - Resolution Awarding Bids on 2019-11 Airport Sanitary Sewer Project Whereas, the City of Brookings opened bids for the 2019-11 Airport Sanitary Sewer Project on Tuesday, March 19, 2019 at 1:30 pm at the Brookings City and County Government Center; and Whereas, the City of Brookings has received the following bids for the 2019-11 Airport Sanitary Sewer Project: Meyer Services Inc. - $114,034.00; Prunty Construction Inc. - $123,998.00, DeBoer Construction Co. Inc. - $138,454.00, Winter Brothers Underground Inc. - $143,950.00 and Prunty Contracting, Inc. - $161,301.00. Now Therefore, Be It Resolved that the low bid from Meyer Services Inc. for $114,034.00 be accepted. Resolution 19-030. A motion was made by Council Member Tilton Byrne, seconded by Council Member Hansen, that Resolution 19-030, a Resolution Awarding Bids on 2019-15BLD Library Carpet Project, be approved. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Kidwiler, Wendell, and Tilton Byrne; Absent: 2 - Bacon, and Corbett. Resolution 19-030 - Resolution Awarding Bids on 2019-15BLD Library Carpet Project Whereas, the City of Brookings opened bids for the 2019-15BLD Library Carpet Project on Tuesday, March 19, 2019 at 1:30 pm at the Brookings City and County Government Center; and Whereas, the City of Brookings has received the following bid for the 2019-15BLD Library Carpet Project: Barrett’s Flooring & Decorating Center - Base Bid - $103,726.79, Bid Alternate 1 - $19,347.24, total bid - $123,074.03. Now Therefore, Be It Resolved that the total low bid from Barrett’s Flooring & Decorating Center for $123,074.03 be accepted. First Reading – Ordinance 19-003. Introduction and First Reading on Ordinance 19-003, an Ordinance establishing an Appeal Procedure for Dogs declared to be Biting or Vicious in the City of Brookings, South Dakota. Public Hearing: April 23, 2019. First Reading – Ordinance 19-004. Introduction and First Reading on Ordinance 19-004, an Ordinance authorizing Supplemental Appropriation #1 to the 2019 Budget. Second Reading: April 23, 2019. Resolution 19-033. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that Resolution 19-033, a Resolution Authorizing the City of Brookings to Amend the Brookings Marketplace Development Agreement, be approved. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Kidwiler, Wendell, and Tilton Byrne; Absent: 2 - Bacon, and Corbett. Resolution 19-033 - Resolution Authorizing the City of Brookings to Amend the Brookings Marketplace Development Agreement Be It Resolved by the City Council of the City of Brookings, South Dakota (the “City”), as follows: Whereas, the City of Brookings approved a Development Agreement between the City of Brookings and Brookings Marketplace, LLC on December 13, 2016, and Whereas, the parties now desire to again modify Sections 4 and 7 of said Development Agreement to extend the time of performance of due diligence activities by the Developer until July 1, 2019. Now, Therefore, Be It Resolved as follows: 1.That Amendment to the Development Agreement by and between the City of Brookings and Brookings Marketplace, LLC as described herein is hereby approved, and 2.The Mayor, City Manager and Acting City Clerk are hereby authorized to execute on behalf of the City the documents required to complete the Amendment described herein, consistent with the terms of this Resolution. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Tilton Byrne, that this meeting be adjourned at 6:13 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ Keith W. Corbett, Mayor ATTEST: __________________________ Bonnie Foster, Acting City Clerk Brookings City Council April 16, 2019 (unapproved) The Brookings City Council held a meeting on Tuesday, April 16, 2019 at 5:06 PM, at City Hall with the following City Council members present: Mayor Keith Corbett, Council Members Mary Kidwiler, Dan Hansen, and Patty Bacon. Council Members Holly Tilton Byrne, Nick Wendell, and Ope Niemeyer were absent. Acting City Manager Erick Rangel, City Attorney Steve Britzman, and Acting City Clerk Bonnie Foster were also present. Resolution 19-034. A motion was made by Council Member Bacon, seconded by Council Member Hansen, that Resolution 19-034, a Resolution Canvassing the April 9, 2019 Municipal Election, be approved. The motion carried by the following vote: Yes: 4 – Hansen, Kidwiler, Bacon, and Corbett; Absent: 3 – Niemeyer, Wendell, and Tilton Byrne. Resolution 19-034 - Canvassing the April 9, 2019 Municipal Election Whereas, on the 9th day of April, 2019, there was held in the City of Brookings, South Dakota, an election for the purpose of electing two City Council Members (3-Year Terms); and Whereas, the judges and clerks of said election have returned to the City Council of the City of Brookings the official results for the purpose of the Official Canvass; and Whereas, the City Council on April 16, 2019 has canvassed the results for the purpose of determining the official election outcome; and Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South Dakota that the official vote at the City Election held April 9, 2019 was as follows: Adjourn. A motion was made by Council Member Bacon, seconded by Council Member Hansen, that this meeting be adjourned at 5:14 p.m. The motion carried by a unanimous vote. City Council 3-Year Term (2) Holly Tilton Byrne Leah Brink Mary Kidwiler Total Ballots Cast Total Votes Cast Vote Center 1 196 167 136 296 499 Vote Center 2 218 247 210 382 675 Vote Center 3 68 74 69 120 211 Vote Center 4 64 55 38 92 157 Absentee 225 213 228 407 666 Provisional Ballot 0 0 0 0 0 TOTAL 771 756 681 1,297 2,208 CITY OF BROOKINGS __________________________ Keith W. Corbett, Mayor ATTEST: __________________________ Bonnie Foster, Acting 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 2019-0159,Version:1 Action on a request from Daniel J. Carter, 1823 Torrey Pines Drive, to abate property taxes in the amount of $505.00, legal description: Lot 1, Block 8, Moriarty 4th Addition. Parcel #40381-00800-001 -00. Summary: Daniel J. Carter, 1823 Torrey Pines Drive, has applied to abate a portion of the property taxes in the amount of $505.00 for Lot 1, Block 8, Moriarty 4th Addition. Parcel #40381-00800-001-00. An error on Assessment was discovered where a duplicate garage was sketched directly over top of another, therefore, going unnoticed until owner questioned his assessed value. Fiscal Impact: The property tax revenue will be reduced by $505.00. Recommendation: County Assessor recommends approval. Attachments: Abatement Application City of Brookings Printed on 4/18/2019Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2019-0160,Version:1 Action on a request from the City of Brookings, dba Brookings Health Systems, 300 22 nd Ave. So., to abate property taxes in the amount of $13,365.62, legal description: Outlots, E 221.4’ of OL “B”, Section 30-110-49 and W 39’ of Block 5, Mayland Addition. Parcel #40960-11049-302-10. Summary: The City of Brookings, dba Brookings Health Systems, 300 22nd Ave. So., has applied to abate a portion of the property taxes in the amount of $13,365.62 for Outlots, E 221.4’ of OL “B”, Section 30- 110-49 and W 39’ of Block 5, Mayland Addition. Parcel #40960-11049-302-10. The property was purchased by exempt entity on 2/14/2018. Fiscal Impact: The property tax revenue will be reduced by $13,365.62 Recommendation: County Assessor recommends approval. Attachments: Abatement Application City of Brookings Printed on 4/18/2019Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2019-0163,Version:1 Action on a request from Karen Korkow, 125 Jefferson Ave., to abate property taxes in the amount of $589.80, legal description: So. 70’ of Lot 5, Block 2, Morningside Addition. Parcel #40385-00200- 005-05. Summary: Karen Korkow, 125 Jefferson Ave., has applied to abate a portion of the property taxes in the amount of $589.80 for So. 70’ of Lot 5, Block 2, Morningside Addition. Parcel #40385-00200-005-05. The applicant, having otherwise qualified for the Assessment Freeze for the Elderly and Disabled, but missed the deadline as prescribed in SDCL 10-6A-4. Fiscal Impact: The property tax revenue will be reduced by $589.80. Recommendation: County Assessor recommends approval. Attachments: Abatement Application City of Brookings Printed on 4/18/2019Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2019-0161,Version:1 Action on appointments to the Brookings Committee for People who have Disabilities. Summary: Mayor Keith Corbett has submitted the following appointment recommendations for City Council advice and consent: Mayor’s Recommendation: 1.Appoint Connie Lemke 2.Appoint Destini Crevier Brookings Committee for People who have Disabilities Number of positions:5 Term Length:3 years Residency Requirement:Required for 7 members The Brookings Committee for People who have Disabilities 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. City of Brookings Printed on 4/18/2019Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2019-0162,Version:1 Action on appointments to City Boards, Committees and Commissions. Summary: Mayor Keith Corbett has submitted the following appointment recommendations for City Council advice and consent: Airport Board Number of positions:1 Term Length:5 years Residency Requirement:City required for majority The Airport Board gives recommendations to city staff for the management, supervision, regulations, and care for the Brookings Regional Airport. Any rules or regulations are subject to approval of the City Manager. Mayor’s Recommendation 1.Reappoint Judy McLaughlin Human Rights Commission Number of positions:1 (student representative) Term Length:1 year Residency Requirement:Not required The Human Rights Committee 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 committee’s policy to eliminate discrimination in the city. Mayor’s Recommendation: 1.Reappoint Wren Murphy Park & Recreation Board Number of positions:5 (3 regular terms, 1 college student representative, 1 high school student representative) Term Length:3 years (1-year for student positions) Residency Requirement:Not required 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 City of Brookings Printed on 4/19/2019Page 1 of 2 powered by Legistar™ File #:ID 2019-0162,Version:1 program. The Board also advises the City Council and makes recommendations on matters regarding park capital improvements and planning. Mayor’s Recommendation: 1.Reappoint Brittany Kleinsasser 2.Reappoint Erika Saunders 3.Appoint John Maynes Utility Board Number of positions:1 Term Length:5 years Residency Requirement:Required (resident and land owner) The Utility Board is an administrative body responsible for the management and control of the electric, water, wastewater and telephone utilities of the City of Brookings. Mayor’s Recommendation: 1.Reappoint Seth Hansen City of Brookings Printed on 4/19/2019Page 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 19-036,Version:1 Action on Resolution 19-036, a Resolution declaring surplus property for the City of Brookings. Whereas,the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings Information Technology: ·HP ProBook 4710s Laptop Serial: CNU9265XSK ·HP Compaq dc5100MT PC Serial: 2UB54206LG ·Dell PowerEdge T300 Server Serial: 9F5SVH1 ·Lenovo ThinkCentre A57 M9851 PC Serial: MJ00364 ·Sonicwall Email Security 300 Firewall Serial: 0006B133E414 ·Dell PowerEdge 2850 Server Serial: 21C3J91 ·HP Color LaserJet CP1215 Printer Serial: CNBC8BH0BX Public Library: ·One (1) 2007 Gateway E4610D (G61) ·One (1) 2010 HP Compaq 8000 Elite Convertible Minitower (HP21) ·One (1) 2010 HP Compaq 8000 Elite CMT (HP22) ·One (1) 2010 HP Compaq 8000 Elite Convertible Minitower (HP14) ·One (1) 2007 HP Laser Jet 1022n Printer ·One (1) 2014 Cannon PIXMA iP6000D Color ·One (1) 2010 HP Compaq 8000 Elite CMT Business PC (HP17) ·One (1) 2015 Apple iMac MF883LL/A (I11) ·One (1) 19” Planar Monitor - no base ·One (1) 17” Dell Monitor -No longer works ·One (1) 19” Viewsonic Monitor-No Longer works ·One (1) 19” Acer monitor ·One (1) 17” NEC Monitor ·One (1) 19” Gateway Monitor ·One (1) Merlin Vantage CCD Vision Enhancer ·One (1) Wood and Metal Computer Table ·One (1) Grey adjustable task chair ·One (1) Maroon adjustable task chair ·One (1) Tall green task chair ·Three (3) green task chairs ·One (1) Red and orange round children’s seating ·One (1) Red and orange children’s seating ·Two (2) Yellow and orange children’s seats City of Brookings Printed on 4/23/2019Page 1 of 3 powered by Legistar™ File #:RES 19-036,Version:1 ·One (1) Stuffed alligator ·One (1) floor mat (children’s area) ·One (1) Red polyester lounge chair ·One (1) Green polyester lounge chair ·One (1) Metal Bistro Table ·Four (4) Metal and blue upholstered bistro chairs ·One (1) wood table top ·One (1) Wood and metal desk with small shelf ·One (1) Wood and metal desk with small shelf ·One (1) Wood desk shelf ·One (1) Metal and wood desk/worktable attachment ·One (1) metal and wood desk ·One (1) Cricut Expression 24” personal electronic cutter with cricut design suite and 7 font cartridges ·One (1) Precision Brew Brewer Model B-SAP Serial Number: A16727OP ·One (1) Mazzer Luigi SRL Grinder; Model: KONY Serial Number: 0805775 ·One (1) La Marzocco Expresso Machine Model: GS/S Serial number: 0494 ·One (1) Metal out door book drop ·Coffee Shop Cabinets Solid Waste / Landfill: ·1999 GMC Garbage Truck VIN: 1GDP7H1C4XJ506397 Street Department: ·One (1) 2012 Elgin Pelican Sweeper Serial # NP-2523-S ·One (1) 2005 Polaris Sportsman 400 4 x4 ATV Serial # 4XAMH42A55B676 Swiftel Center ·Army Lull Serial: CP1144-5-550 Background: The above listed items are no longer needed by the City of Brookings or have been replaced. The City plans to sell the surplus property on the Public Surplus website. Fiscal Impact: The City will receive the sale value of the surplus property. Council action is required to declare these items surplus. This equipment is being declared surplus property according to SDCL Chapter 6-13. Recommendation: Staff recommends approval Attachments: Resolution City of Brookings Printed on 4/23/2019Page 2 of 3 powered by Legistar™ File #:RES 19-036,Version:1 City of Brookings Printed on 4/23/2019Page 3 of 3 powered by Legistar™ Resolution 19-036 Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Information Technology: HP ProBook 4710s Laptop Serial: CNU9265XSK HP Compaq dc5100MT PC Serial: 2UB54206LG Dell PowerEdge T300 Server Serial: 9F5SVH1 Lenovo ThinkCentre A57 M9851 PC Serial: MJ00364 Sonicwall Email Security 300 Firewall Serial: 0006B133E414 Dell PowerEdge 2850 Server Serial: 21C3J91 HP Color LaserJet CP1215 Printer Serial: CNBC8BH0BX Public Library: One (1) 2007 Gateway E4610D (G61) One (1) 2010 HP Compaq 8000 Elite Convertible Minitower (HP21) One (1) 2010 HP Compaq 8000 Elite CMT (HP22) One (1) 2010 HP Compaq 8000 Elite Convertible Minitower (HP14) One (1) 2007 HP Laser Jet 1022n Printer One (1) 2014 Cannon PIXMA iP6000D Color One (1) 2010 HP Compaq 8000 Elite CMT Business PC (HP17) One (1) 2015 Apple iMac MF883LL/A (I11) One (1) 19” Planar Monitor – no base One (1) 17” Dell Monitor –No longer works One (1) 19” Viewsonic Monitor—No Longer works One (1) 19” Acer monitor One (1) 17” NEC Monitor One (1) 19” Gateway Monitor One (1) Merlin Vantage CCD Vision Enhancer One (1) Wood and Metal Computer Table One (1) Grey adjustable task chair One (1) Maroon adjustable task chair One (1) Tall green task chair Three (3) green task chairs One (1) Red and orange round children’s seating One (1) Red and orange children’s seating Two (2) Yellow and orange children’s seats One (1) Stuffed alligator One (1) floor mat (children’s area) One (1) Red polyester lounge chair One (1) Green polyester lounge chair One (1) Metal Bistro Table Four (4) Metal and blue upholstered bistro chairs One (1) wood table top One (1) Wood and metal desk with small shelf One (1) Wood and metal desk with small shelf One (1) Wood desk shelf One (1) Metal and wood desk/worktable attachment One (1) metal and wood desk One (1) Cricut Expression 24” personal electronic cutter with cricut design suite and 7 font cartridges One (1) Precision Brew Brewer Model B-SAP Serial Number: A16727OP One (1) Mazzer Luigi SRL Grinder; Model: KONY Serial Number: 0805775 One (1) La Marzocco Expresso Machine Model: GS/S Serial number: 0494 One (1) Metal out door book drop Coffee Shop Cabinets Solid Waste / Landfill: 1999 GMC Garbage Truck VIN: 1GDP7H1C4XJ506397 Street Department: One (1) 2012 Elgin Pelican Sweeper Serial # NP-2523-S One (1) 2005 Polaris Sportsman 400 4 x4 ATV Serial # 4XAMH42A55B676 Swiftel Center Army Lull Serial: CP1144-5-550 Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; and Whereas, the City Manager hereby authorized to sell said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota, that this property be declared surplus property according to SDCL Chapter 6- 13. Passed and approved this 23rd day of April, 2019. CITY OF BROOKINGS ____________________________ ATTEST:Keith W. Corbett, Mayor ___________________________ Bonnie Foster, Acting City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 19-031,Version:2 Action on Resolution 19-031, a Bridge Reinspection Program Resolution for use with SDDOT Retainer Contracts. Summary: This resolution will authorize the City to retain Civil Design Inc. for the City of Brookings Bridge Reinspection Program for 2019. Background: The Brookings City Council approved Resolution 19-031 at their March 26, 2019 City Council Meeting. Staff discovered that the following section should have been included in the resolution: “The City of Brookings requests SDDOT to hire Civil Design Inc. for the inspection work. SDDOT will secure Federal approvals, make payments to the Consulting Engineer for inspection services rendered, and bill the City for 20% of the cost. The City of Brookings will be responsible for the required 20% matching funds.” The SDDOT requested the resolution be updated and formally adopted. This resolution will authorize the SDDOT to enter into a contract with Civil Design Inc. for the 2019 bridge inspection program for Brookings. Recommendation: Staff recommends approval of the resolution. Attachments: Resolution - clean Resolution - marked Resolution 19-031 - 3.26.2019 City of Brookings Printed on 4/18/2019Page 1 of 1 powered by Legistar™ Revised Resolution 19-031 Bridge Reinspection Program Resolution for use with SDDOT Retainer Contracts Whereas, Title 23, Section 151, United States Code and Title 23, Part 650, Subpart C, Code of Federal Regulations, requires initial inspection of all bridges and reinspection at intervals not to exceed two years with the exception of reinforced concrete box culverts that meet specific criteria. These culverts are reinspected at intervals not to exceed four years. Therefore, the City of Brookings is desirous of participating in the Bridge Inspection Program using Bridge Replacement Funds. Therefore, Be It Further Resolved, that the City of Brookings requests SDDOT to hire Civil Design Inc. for the inspection work. SDDOT will secure Federal approvals, make payments to the Consulting Engineer for inspection services rendered, and bill the City for 20% of the cost. The City of Brookings will be responsible for the required 20% matching funds. This resolution will revise Resolution 19-031 which was adopted on March 26, 2019. Passed and approved this 23rd day of April, 2019. CITY OF BROOKINGS _________________________ Keith W. Corbett, Mayor ATTEST: ____________________________ Bonnie Foster, Acting City Clerk Revised Resolution 19-031 Bridge Reinspection Program Resolution for use with SDDOT Retainer Contracts Whereas, Title 23, Section 151, United States Code and Title 23, Part 650, Subpart C, Code of Federal Regulations, requires initial inspection of all bridges and reinspection at intervals not to exceed two years with the exception of reinforced concrete box culverts that meet specific criteria. These culverts are reinspected at intervals not to exceed four years; and Therefore, the City of Brookings is desirous of participating in the Bridge Inspection Program using Bridge Replacement Funds. Therefore, Be It Further Resolved, that the City of Brookings requests SDDOT to hire Civil Design Inc. for the inspection work. SDDOT will secure Federal approvals, make payments to the Consulting Engineer for inspection services rendered, and bill the City for 20% of the cost. The City of Brookings will be responsible for the required 20% matching funds. This resolution will revise Resolution 19-031 which was adopted on March 26, 2019. Passed and approved this 23 rd day of April, 2019. CITY OF BROOKINGS _________________________ Keith Corbett, Mayor ATTEST: ____________________________ Bonnie Foster, Acting City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 19-037,Version:1 Action on Resolution 19-037, a Resolution Authorizing a State Water Plan Application and Related Grant/Loan Application (State Avenue Watershed Improvement Project). Summary: This resolution will request the South Dakota Department of Environment and Natural Resources to place the State Avenue Watershed Improvement Project on the State Water Plan to be eligible for a future application for a State Revolving Fund Loan. Background: The City would like to add the State Avenue Watershed Improvement Project to the South Dakota Department of Environment and Natural Resources (SDDENR) State Water Plan. This resolution is the first step in applying for a loan through the South Dakota State Revolving Fund (SRF). This project is identified on the City’s prioritized drainage project list and includes storm sewer upgrades. The project is budgeted for 2020 and the application for funding must be completed prior to bidding the project. The next steps will be to analyze the project and prepare a funding application for the SRF loan to submit to the SD DENR at a later date. This resolution will authorize the City to request the project be placed on the SD DENR State Water Plan. Recommendation: Staff recommends approval of the resolution. Attachments: Resolution City of Brookings Printed on 4/18/2019Page 1 of 1 powered by Legistar™ Resolution 19-037 Resolution Authorizing a State Water Plan Application and Related Grant/Loan Application (State Avenue Watershed Improvement Project) Submittal of Plan Application and Grant/Loan Application for infrastructure financing Whereas, the City of Brookings has determined a need for a drainage improvement project in the State Avenue Watershed; and Whereas, financial assistance will be necessary to enable the City to construct this project; and Whereas, the South Dakota Department of Environment and Natural Resources provides grants and low-interest loans to eligible applicants for financing water, wastewater, and storm water infrastructure projects. Now, Therefore, Be It Resolved that the City of Brookings hereby authorizes the filing of a State Water Plan and grant and/or loan applications with the South Dakota Department of Environment and Natural Resources, including all understandings and assurances contained therein, to fund its Drainage Improvement Project; and Be It Further Resolved, that the City of Brookings hereby authorizes the City Manager to act as Project Certifying Officer in connection with the applications, grant and/or loan agreements, and other required forms, and to provide such additional information as may be required by the South Dakota Department of Environment and Natural Resources. Dated at Brookings, SD, this 23rd day of April, 2019. CITY OF BROOKINGS ________________________________ Keith W. Corbett, Mayor ATTEST: ______________________________________ Bonnie Foster, Acting 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 2019-0170,Version:1 Brookings Municipal Utilities Financial Report. Summary: Presentation by Steve Meyer, General Manager, and Laura Julius, Finance & Account Manager. Attachments: Presentation City of Brookings Printed on 4/18/2019Page 1 of 1 powered by Legistar™ ANNUAL FINANCIAL PRESENTATION BMU / SWIFTEL COMMUNICATIONS April 23, 2019 Combining Balance Sheet December 31, 2015, 2016, 2017 & 2018 Reported in Millions (0,000,000) Total Funds 2015 Total Funds 2016 Total Funds 2017 Total Funds 2018 Assets:$71.7 $75.7 $78.1 $83.4 Fixed Assets: Cost $203.0 $205.7 $214.5 $221.4 Accumulated Depr.($96.0)($95.9)($102.0)($108.0) Total Fixed Assets $107.0 $109.8 $112.5 $113.4 Total Assets $178.7 $185.5 $190.6 $196.8 Liabilities:$58.2 $57.2 $53.2 $47.9 Equity:$120.5 $128.3 $137.4 $148.9 Total Liabilities & Equity $178.7 $185.5 $190.6 $196.8 BMU Balance Sheets by Fund December 31, 2018 Reported in Millions (0,000,000) Electric Fund Telephone Fund Wastewater Fund Water Fund Total Funds Assets:$21.5 $29.3 $14.5 $18.1 $83.4 Fixed Assets: Cost $57.6 $87.8 $55.5 $20.5 $221.4 Accumulated Depr.($21.6)($64.1)($14.6)($7.7)($108.0) Total Fixed Assets $36.0 $23.7 $40.9 $12.8 $113.4 Total Assets $57.5 $53.0 $55.4 $30.9 $196.8 Liabilities:$9.8 $7.4 $28.6 $2.1 $47.9 Equity:$47.7 $45.6 $26.8 $28.8 $148.9 Total Liabilities & Equity $57.5 $53.0 $55.4 $30.9 $196.8 Combined Statement of Revenue and Expenses December 31, 2015, 2016, 2017 & 2018 Reported in Millions (0,000,000) Total Funds 2015 Total Funds 2016 Total Funds 2017 Total Funds 2018 Total Revenue:$72.6 $72.2 $73.0 $79.6 Total Expenses:($61.3)($62.3)($61.6)($64.4) Income Before Operating Transfers $11.3 $9.9 $11.4 $15.2 General Fund Transfer:($2.1)($2.2)($2.3)($2.3) Net Income $9.2 $7.7 $9.1 $12.9 BMU Statement of Revenue and Expenses December 31, 2018 Reported in Millions (0,000,000) Electric Fund Telephone Fund Wastewater Fund Water Fund Total Funds Total Revenue:$30.7 $36.3 $6.4 $6.2 $79.6 Total Expenses:($25.5)($30.6)($5.0)($3.3)($64.4) Income Before Operating Transfers $5.2 $5.7 $1.4 $2.9 $15.2 General Fund Transfer:($2.1)($0.2)$0.0 $0.0 ($2.3) Net Income $3.1 $5.5 $1.4 $2.9 $12.9 BMU Statement of Revenue and Expenses Reported in Millions (0,000,000) Actual YTD 12/31/18 Annual Budget 2018 Total Revenue:$79.6 $74.1 Total Expenses:($64.4)($66.8) Income Before Operating Transfers $15.2 $7.3 General Fund Transfer:($2.3)($2.3) Net Income $12.9 $5.0 $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2018 Budget Capital Expenditures -Total Funds Questions 1 BMU FINANCIAL RATIOS -DEBT PRESENTATION April 23, 2019 2 BMU Ability to Meet Debt Service Requirements Financial Ratio Analysis Current Ratio Debt to Asset Ratio Debt to Equity Ratio Coverage Ratio (current) Coverage Ratio (future) 3 Financial Position Analysis Acceptable Industry BMU Standard Current Ratio 9.32 > 2.0 Provides information about a firm’s ability to meet its short term financial obligation. 4 Financial Position Analysis Acceptable Industry BMU Standard Debt to Asset Ratio .19 <1.0 Measure the extent to which the firm is using long term debt. 5 Financial Position Analysis Acceptable Industry BMU Standard Debt to Equity Ratio .32 <3.0 Provides an indication of the long term solvency of the firm. 6 Analysis of Results from Operations Acceptable Industry BMU Standard Coverage Ratios 3.7 -8.6 >2.0 Average net income available for debt service to cover maximum annual debt service. 7 2016 2017 2018 Net Income Available for Debt Service $17,542,298 $20,011,152 $24,003,180 Maximum Annual Debt Service **Principal & Interest $2,774,328 $2,774,328 $2,774,328 Per Year Covenant Ratio = NI Available for Debt Service / Maximum Annual Debt Service 6.32%7.21%8.65% Average 3 Year Covenant Ratio = NI Available for Debt Service / Maximum Annual Debt Service 7.39% Contractual Lease-Purchase Obligation Covenant Ratio must exceed 135% for a 3 year average > 1.35%> 1.35%> 1.35% BMU Actual Coverage Ratio 8 BMU Estimated Coverage Ratio (Estimates based on 2019 CIP Data) Estimate 2019 Estimate 2020 Estimate 2021 Estimate 2022 Net Income Available for Debt Service $18,936,282 $18,506,460 $18,467,892 $18,696,763 Maximum Annual Debt Service Principal & Interest $2,774,328 $2,774,328 $2,774,328 $5,039,642 Per Year Covenant Ratio = NI Available for Debt Service / Maximum Annual Debt Service 6.83%6.67%6.66%3.71% Average 3 Year Covenant Ratio = NI Available for Debt Service / Maximum Annual Debt Service 7.56%7.38%6.72%5.26% Contractual Lease-Purchase Obligation Covenant Ratio must exceed 135% for a 3 year average > 1.35%> 1.35%> 1.35%> 1.35% 9 Total BMU Bonds Payable Initial Issue 12/31/18 Debt 2005 Issue (E)$ 1,600,000 $ 821,946 2006 Issue (E,T,WW,W)$ 8,000,000 $ 4,110,000 2011 Issue (E)$ 6,500,000 $ 4,715,000 2012 SRF (WW)$30,017,417 $27,824,448 Total Debt $46,117,417 $37,471,394 Est 2022 SRF (W)$43,000,000 10 $0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 $70,000,000 $80,000,000 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Est 2019 Est 2020 Est 2021 Est 2022 Est 2023 Est 2024 Est 2025 Est 2026 BMU Debt Levels Telephone Electric Wastewater Water 11 BMU PLANNING Represents that BMU revenues are sufficient to meet all the debt service requirements. Agrees to maintain rates sufficient to provide gross revenues capable of making the lease/SRF payments. Acknowledges that debt service payments will be made from net BMU revenues. 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 19-005,Version:1 Introduction and First Reading on Ordinance 19-005, an Ordinance Amending Article VI of Chapter 22 of the Code of Ordinances of the City of Brookings and Pertaining to Rental Dwelling Units in the City of Brookings. Public Hearing: May 14, 2019. Summary: The Rental Dwelling Units Ordinance Amendment centralizes existing codes throughout the municipal ordinance and includes the language within the rental dwelling units section, thus strengthening the inspection program by requiring compliance prior to issuance of a rental dwelling license. Recommendation: Staff recommends approval of the ordinance amendment. Attachments: Memo Ordinance Peer Community Research Comparison Rental Dwelling Units - Marked City of Brookings Printed on 4/18/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:Mike Struck, Community Development Director Council Meeting:April 23, 2019 Subject:Rental Dwelling Unit Ordinance Amendments Person(s) Responsible: Mike Struck, Community Development Director Summary: Staff is proposing amendments to the Rental Dwelling Unit ordinance. The proposed changes consist of a compilation of existing ordinances and including them within the rental dwelling unit section of the municipal ordinances, thus strengthening the rental inspection program. Background: At the February 27, 2018 City Council Meeting, Council Member Bacon requested the rental housing inspection program be discussed at a future City Council meeting. On June 12, 2018, the City Council discussed the rental housing inspection program and the desire to expand the inspection program to include more items related to the safety of the structure and the occupants. Staff compiled research from other peer university communities with rental program inspections. The four peer communities selected were chosen based upon the feedback provided to the City Manager and staff from council members on areas of interest in expanding the rental inspection program. Attached in your packet is the Peer Community Research Comparison chart which shows the current regulations in Brookings, suggestions as of December 4, 2018, staff recommendations as of March 1, 2019, and staff’s final recommendations as of March 13, 2019. Staff held various meetings with interested parties, including a small group meeting in December with property managers, a meeting with international tenants in February, three meetings with tenants in February, and a large group meeting with property managers/owners in early March. Staff discussed feedback provided at each of the meetings and revised the recommendations based upon the merits of the discussion. Discussion: A majority of the recommended changes to the Rental Dwelling Unit ordinance are contained in other sections of the City of Brookings Municipal Code of Ordinances. However, due to the language not being specifically listed in the Rental Dwelling Unit section of the code, staff is unable to withhold a rental license. Staff does have the ability to still enforce the other sections of the municipal code, however, it is done through a different process. Compiling the codes and adding them to the Rental Dwelling Unit ordinances re-emphasizes the importance of the code requirements and places a greater emphasis on correcting the violation in a timely manner as the rental license is withheld until such time as the issue is resolved. Section 22-373 would add language requiring the agent to be present during the inspection. Staff feels it is important for the agent to be present during an inspection in the event that there is any violation, that the agent clearly understand what the issue is and where it is located and the necessary remedies to correct the issue. Section 22-405 provides for a re-inspection fee. Currently, there is not a re-inspection fee associated with the rental licensing program. If a re-inspection is necessary due to a failed first inspection, the property manager will schedule a re-inspection with staff. If staff re-inspects the property and violations still exist, then further inspections are scheduled until such time as compliance with the ordinance is achieved. Staff has had to perform multiple inspections on properties due to the violations not being corrected. Adding the suggested language is anticipated to minimize the number of re-inspections and thus allowing staff to be more efficient. Section 22-432 adds responsibility on the occupant of a dwelling unit to not disable any required smoke detectors. The most common violation encountered during a rental inspection is smoke detectors not working or disabled. The property managers are aware of the ordinance requirements for smoke detectors and are not going into individual units and disabling the smoke detectors. This proposed language allows the City to hold tenants responsible for disabling the smoke detectors. Section 22-432(2)(c) adds language requiring escape or rescue windows to be free of any cracks or defects. This language is already in Property Maintenance and Nuisance ordinances of the City of Brookings, however, currently staff is not allowed to withhold a rental license for this issue due to it not being within the rental dwelling unit section of the municipal code. The language would allow the timely resolution of the issue as the rental license would remain in a pending status until the deficiency is corrected. Section 22-436 is new language requiring carbon monoxide alarms in rental dwellings which contain fuel-fired appliances and/or attached garages. This language is already in the Building Code, however, a rental license cannot be withheld at this time if not in compliance. Section 22-437 pertains to lighting and electrical systems. The suggested language is currently in the Building Code, however, due to it not being included in the Rental Dwelling Unit ordinances, staff would not be able to withhold a rental license. In addition, based upon feedback during property manager meetings, staff is proposing as a compromise, a graduation period whereby rental units can continue to be licensed, however, by January 1, 2022, the GFCI outlets would need to be installed. Section 22-438 pertains to the storage of combustible materials. This language is included in the current City of Brookings Fire Code, however, we feel it is important to include the language in the Rental Dwelling Unit ordinances as staff observe many instances in which combustible materials are in close proximity to sources of ignition. Section 22-439 requires rental dwelling units to be provided with properly installed and working locks on entry doors. This requirement for multi-family properties would be the entry doors to the individual units and not the exterior entry door to common hallways, etc. This language is currently in the building code and would make a rental license contingent upon satisfying this requirement. Section 22-440 will require handrails and spindles installed in accordance the City of Brookings Building Code. Provides the ability to withhold a rental license until handrails and spindles are installed or fixed. Section 22-441 pertains to numbering of units. This is also a current requirement of the City of Brookings Building Code, however, provides the ability to withhold a rental license until compliance is obtained. The numbering of units allows for proper addressing and locating of units. Section 22-422 will require all bathrooms containing a shower or tub to provide ventilation through either an openable window or a mechanical ventilation system. A grace period to obtain compliance is proposed. Proper ventilation helps address moisture issues in bathrooms. Legal Consideration: None. Financial Considerations: None. Options: The City Council has the following options: 1. Approve as presented 2. Approved with recommended adjustments 3. Deny Recommendation: Staff recommends approval of the rental dwelling unit ordinance amendment. Action Requested: Approval of the Rental Dwelling Unit ordinance amendments. Supporting Documentation: Ordinance Peer Community Research Comparison Rental Dwelling Units Marked Ordinance 19-005 An Ordinance Amending Article VI of Chapter 22 of the Code of Ordinances of the City of Brookings and Pertaining to Rental Dwelling Units in the City of Brookings Be It Ordained by the governing body of the City of Brookings, South Dakota that Article VI pertaining to Rental Dwelling Units be amended as follows: I. DIVISION 1. GENERALLY That Section 22-373 shall be amended to include the following provision: The agent shall be present during the inspection of the leased dwelling unit. DIVISION 2. LICENSE That Section 22-405 shall be amended to include the following provision: A re-inspection fee shall be charged for each leased or rented dwelling and dwelling unit for each inspection completed after the initial inspection for a new dwelling unit rental license or the renewal of a previous dwelling unit rental license. The fee for re-inspections shall be determined by resolution of the city council. DIVISION 3. STANDARDS That Section 22-432 shall be amended to include the following provision: The occupant of a dwelling unit shall not disable any required smoke detectors. That Section 22-433(2)(c) shall be amended to include the following provision: Escape or rescue windows shall be free of any cracks or defects. That Division 3 shall be amended to include the following additional sections: Sec. 22-436. – Carbon monoxide alarms. All registered rental units shall be provided with carbon monoxide alarms which, at a minimum, shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms in dwelling units with fuel- fired appliances and/or attached garages. The occupant of a dwelling unit shall not disable any required carbon monoxide alarms. Sec. 22-437. Lighting and electrical system. Every dwelling unit shall have electric service, outlets and fixtures that are grounded and installed properly, maintained in good and safe working condition, and connected to a source of electric power. Rental dwelling units shall meet the following minimum requirements: (1) As of January 1, 2022, each kitchen and each room containing a toilet, sink, bathtub, or shower stall shall have at least one grounded duplex electric receptacle protected by a ground-fault circuit interrupter (GFCI). (2) Light fixtures shall be equipped with UL listing approved covers. (3) Receptacle outlets and light switches shall contain proper coverings. (4) Temporary wiring or extension cords shall not be used as permanent wiring. (5) Each electrical panel shall have a clear path for access and shall not contain any broken or missing breakers. (6) Emergency lighting shall be provided in apartment buildings with stairs or common hallways in accordance with the City of Brookings Building Code, as adopted, and amendments thereto. (7) Exit signs shall be installed and maintained in apartment buildings with stairs or common hallways in accordance with the City of Brookings Building Code, as adopted, and amendments thereto. Sec. 22-438. Storage of Combustible Materials. Storage of combustible materials shall be separated from heaters or heating devices by distance or shielding in such a manner as to maintain the required clearances to combustible construction specified in the listing of heat-producing equipment. Unlisted heat-producing equipment shall be installed in such manner as to maintain clearances to combustible construction of twenty-four (24”) inches of separation on the front and six (6”) inches of separation on the sides or back of the equipment. Sec. 22-439. Locks/Security. Each dwelling unit shall be equipped with properly installed and maintained locking devices on entry doors. Sec. 22-440. Handrails/Spindles. Handrails and spindles shall be installed in accordance with the City of Brookings Building Code, as adopted, and amendments thereto. Sec. 22-441. Numbering of Units. Each dwelling unit shall be numbered in accordance with the City of Brookings Building Code, as adopted, and amendments thereto. Sec. 22-442. Ventilation. As of January 1, 2022, all bathrooms containing a shower or tub shall have natural ventilation provided by an easily openable exterior window or be installed with a mechanical ventilation system capable of exchanging air. II. Any and all ordinances in conflict herewith are hereby repealed. First Reading:April 23, 2019 Second Reading:May 14, 2019 Published: CITY OF BROOKINGS, SOUTH DAKOTA ____________________________________ Keith W. Corbett, Mayor ATTEST: ________________________ Bonnie Foster, Acting City Clerk Ames, IA Cedar Falls, IA Vermillion, SD Lawrence, KS Brookings, SD (Current) Suggested 12/04/2018 Recommended Rental Changes 03/01/2019 Recommendations as of 3/13/2019 Yearly Fees $21.68 - $29.38 per year (pending number of units) $75 to register, $50 for 1st unit, $20 for each additional unit per 3 years $25 building & $15 unit per yr. $14-$17 per unit plus $50 for dwelling inspection per year $20 building + $2 unit per yr. No Fee Change No Fee Change No Fee Change License Term 1 - 4 year 3 years 1 year 3 or 6 yr. 2 - 4 years 2 yrs. single/2 family/tri-plexes ; 3 yrs. 4 units & Above 2 yrs. single/2 family/tri- plexes ; 3 yrs. 4 units & Above No Change 2-4 years Late Fee/Re- inspection Fee No Yes $5 per unit per month late Re-insp fee if needed No $45 Re-inspection fee if needed January 1, 2020: $25 Re-inspection/Late Fee; $50 for each addition re-inspection January 1, 2020: $25 Re-inspection/Late Fee; $50 for each addition re-inspection Penalty for not licensing property Yes…$500 for 1st violation; $750 for 2nd; & $1000 for 3rd $200 per offense Fee set by City Council: $100 1st violation, $250 2nd violation, $500 3rd violation Fined thru crt…unlawful to rent, 500.00 fine. Send out nice letter and if no response, send out mean letter No $100 first violation ; $150 for every violation after January 1, 2020: $100 first violation ; $150 for every violation after January 1, 2020: $100 first violation ; $150 for every violation after Property Mgr. to city proximity Nothing, but required to be present for inspection Within county 100 miles 40 miles Brookings County Brookings County & present for inspections Brookings County & present for inspections Brookings County & present for inspections Occupancy 1 adult per bedroom up to 5 people Max 4 people 18 yrs. and older No more than 4 unrelated Up to 3 unrelated 3 unrelated 3 unrelated 3 unrelated No Change Cleanliness Not disposing of food properly, feces, severe hoarding No No Grey area, do not look for it, but in extreme cases of hoarding, they would take action No Feces & severe hoarding Feces & severe hoarding Feces & severe hoarding GFCI's - required to bring up to code Yes Yes Yes Yes Not required Yes Yes, January 1, 2022 January 1, 2022 Check for proper GFCI's Yes in bathrooms Bathroom & Kitchen Bathroom & Kitchen Bathroom & Kitchen Not required Bathroom & Kitchen Bathroom & Kitchen January 1, 2022 Bathroom & Kitchen Bathroom Ventilation Yes window or vent Yes Yes window or vent Yes No Yes if shower/tub present - need a fan or window January 1, 2022 Yes if shower/tub present - need a fan or window January 1, 2022 Yes if shower/tub present - need a fan or window Ames, IA Cedar Falls, IA Vermillion, SD Lawrence, KS Brookings, SD (Current) Suggested 12/04/2018 Recommended Rental Changes 03/01/2019 Recommendations as of 3/13/2019 Electrical panel accessible Check panel Yes and no broken breakers Yes Yes Yes Yes - no broken or missing breakers Yes - no broken or missing breakers Yes - no broken or missing breakersExtension cords running under carpet or through doorways Check for over usage Proper usage Yes Yes No Yes Yes Yes Combustibles around furnace/water Yes 24" clearance Yes Yes Yes 24" clearance 24" clearance 24" clearance or according to UL listing Fire Extinguisher required Yes (1 per unit) - checked annually on rechargeable, non- rechargeable up to 12 years Yes, annually Mobile homes only Yes, in buildings with 3 or more units No Yes, according to fire regulations Yes, according to fire regulations Yes, according to fire regulations Smoke Detectors Yes each bedroom, outside sleeping area, & every floor level Yes, if tenants remove batteries or the alarm, they are fined $500 by the city. Yes each bedroom, outside sleeping area, & every floor level Yes each bedroom, outside sleeping area, & every floor level Yes - each bedroom & main living levels Yes each bedroom, outside sleeping area, & every floor level Yes each bedroom, & every floor level No Change CO2 Detectors Yes Yes Yes if attached garage or fuel fired appliances Yes No Yes if attached garage or fuel fired appliances Yes if attached garage or fuel fired appliances Yes if attached garage or fuel fired appliances Operable Windows Yes - no broken glass Broken windows, open older windows, just visual on new windows Yes Check they open & Lock properly Yes - only 1 bedroom window Yes - 1 per bedroom & no broken glass Yes - 1 per bedroom & no broken glass Yes - 1 per bedroom & no broken glass Light Fixture Covers Yes Yes Yes Yes No Yes Yes Yes, according to UL listing Outlet Covers Yes Yes Yes Yes No Yes Yes Yes Handrails Yes Yes Yes 30" or more Over 4 risers No Yes - 4 or more risers Yes - 4 or more risers Yes - 4 or more risers Spindles Yes Yes Yes no more than 4" apart Yes No Yes no more than 4" apart Yes no more than 4" apart Yes no more than 4" apart Exterior Door Locks Close & Latch Yes Yes Yes No Yes Yes Yes House Numbers Yes Yes Yes Yes Yes Yes Yes Yes Emergency Lighting Yes Yes Yes Yes Yes in apartments Yes in Apartments Yes in Apartments Yes in Apartments Exit signs Yes Yes Yes Yes Yes in apartments Yes in Apartments Yes in Apartments Yes in Apartments . ARTICLE VI. - RENTAL DWELLING UNITS DIVISION 1. - GENERALLY Sec. 22-371. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings provided in this section, except where the context clearly indicates a different meaning: Agent means a person who physically resides within the County of Brookings or a business which has a staffed office located in the County of Brookings, and who represents an owner of a leased dwelling unit. Community development director means any person designated by the city manager who shall be charged with the administration and enforcement of this article. Dwelling means a building or a portion thereof used exclusively for permanent residential occupancy, including one-family dwellings, two-family dwellings, apartments, condominiums, townhouses, fraternities, sororities, boardinghouses and mobile homes. Dwelling unit means one or more rooms in a dwelling which are arranged, designed, used or intended for use as living quarters for one family or in the case of an apartment, fraternity, sorority or boardinghouse, by one or more people. A dwelling unit functions independently from all other dwelling units within a building. A dwelling unit includes all of the following: (1) A living room; (2) A sleeping area; (3) A separate eating area containing a kitchen sink with hot and cold running water and operational cooking and refrigeration appliances connected to a power source; and (4) A separate bathroom containing a water closet, lavatory and bathtub or shower. Owner means an owner, manager, landlord, agent or other person having control of any leased dwelling unit. Sec. 22-372. - Exception. This article does not apply to facilities licensed by the state, nor to any dormitory operated by an educational institution, nor hotels, motels or other structures designed or used primarily for transient residents. Sec. 22-373. - Agent required/appointment procedure. Each owner of a leased dwelling unit who does not reside within the county shall appoint an agent residing within the County of Brookings. In addition, if the owner of a leased dwelling unit is a corporation, limited liability company, partnership or similar entity which is required to file organizational documents to become a recognized entity and which is either formed under the laws of South Dakota or possesses a certificate of authority to transact business in the State of South Dakota, it shall also appoint an agent residing within the County of Brookings if the entity's registered agent does not physically reside within the County of Brookings. The appointment of an agent shall be made upon the application for the dwelling unit rental license, and shall include the name, address and telephone number of the agent. The city may serve notices pertaining to the administration of this article or of any provisions of the city's laws, rules, regulations, resolutions, ordinances and codes pertaining to such dwelling unit upon the agent and service upon the agent will constitute service upon the owner. The agent shall be present during the inspection of the leased dwelling unit. Sec. 22-374. - Maximum occupancy limits. (a) Maximum occupancy.The maximum occupancy of a dwelling unit shall be one family per dwelling unit. The term "family" is defined in subsection (c) below, and in the Brookings Zoning Ordinance. (b) Violations.No person shall occupy, nor shall the owner or operator of any rental dwelling allow any persons to occupy any dwelling unit in excess of the maximum occupancy permitted in this article. (c) Definition of family.An individual or two or more persons related by blood or law occupying a dwelling unit and living as a single household entity or two or more persons related by blood or law occupying a dwelling unit and living as a single household entity together with the number of unrelated adults so that the family contains no more than three adults who are unrelated by blood or law or not more than three unrelated adults occupying a dwelling unit and living as a single household entity. In addition to persons actually related by blood or law, the following persons shall be considered related by blood or law for the purposes of this article: (1) Persons residing with the family for the purpose of adoption. (2) Not more than six persons under 18 years of age residing in a foster home licensed or approved by a governmental agency. (3) Not more than four persons 19 years of age or older residing with the family for the purpose of receiving foster care, which is licensed or approved by a governmental agency. (4) Persons living with a family at the direction of a court. Sec. 22-375. - Violations and enforcement. (a) Violations. (1) A violation of any provision of this article is punishable as provided in chapter 1 of this Code and in accordance with any resolution establishing proposed fines for violations of ordinances of the city. (2) In addition, a rental license for the leased dwelling unit which is the subject of the violation may be suspended or revoked upon the determination of the community development director or its authorized representative that such violation directly affects the health, safety and welfare of the occupants. In the event of the suspension or revocation of the rental license, the dwelling unit shall comply with the provisions of this article before the license is reinstated or a new license may be issued. (3) In addition, in the event of a violation, a rental license for the leased dwelling unit which is the subject of an over-occupancy violation may be suspended or revoked upon a determination of the community development director or its authorized representative that a previous verified incident of over-occupancy concerning the dwelling unit has occurred while the leased dwelling unit was owned by the present owner. (b) Enforcement. (1) Notices and orders. a. Notice to person responsible.Whenever the community development director determines there is a verified incident of over-occupancy, notice may be given as provided below to the person responsible for the violation. b. Form.Notices shall be in accord with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing 30 days to correct the over-occupancy of the dwelling unit. 5. Inform the property owner or agent of the right to appeal. c. Method of service.Such notice shall be deemed to be properly served if a copy thereof is: 1. Delivered personally to the owner or agent; or 2. Sent by certified or first-class mail addressed to the last known address of the owner or agent; or 3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice; or 4. Serviced by the sheriff, police department or a duly authorized process server. d. Notice of suspension or revocation of rental housing license.Upon suspension or revocation of the rental housing license, the community development department shall notify the owner and the occupants in writing. The notice shall state the reason for the suspension or revocation of the rental housing license, a statement of required corrective actions or, alternatively, that the dwelling must be vacated within 30 days of the date of notice, and notice that the owner may appeal the suspension or revocation of the rental dwelling license in the manner provided in this article. e. A rental housing license may be suspended or revoked upon a determination of the community development department that a previous verified incident of over-occupancy concerning the leased dwelling unit occurred while the leased dwelling unit was owned by the present owner. (2) Appeals. a. Application for appeal.The owner of a rental dwelling unit which is the subject of a decision or order of the community development department concerning the suspension or revocation of a rental housing license shall have the right to appeal. The party who wishes to appeal is referred to as the "appellant." An independent hearing examiner, who must be a member in good standing of the State Bar of South Dakota, shall be assigned by the city to hear the appeal. b. Appeals shall be commenced by filing a written notice of appeal with the Community Development Department of the City of Brookings either in person or postmarked within 15 days of the decision of the community development director to suspend or revoke a rental dwelling license. The written notice of appeal shall be printed legibly or typed and shall contain the following information: 1. A description of the decision being appealed; 2. The reasons the appellant believes the decision is objectionable, incorrect or illegal; 3. The name, address and telephone number of the appellant; 4. If the appellant is to be represented by a legal representative, the name, address and telephone number of the representative; and 5. The signature of the appellant, legal representative or agent. c. If the appellant complies with the jurisdictional requirements for an appeal, then the city will take no further action to enforce the penalty or result until the hearing examiner renders a final decision. However, the provisions for prior notice and hearing may be dispensed with when, in the opinion of the community development director, immediate action is necessary to summarily abate a dangerous condition on public or private property or there is an imminent threat to life or safety on public or private property. The director shall take only such action as is reasonably necessary to summarily abate the danger, and then the city will take no further action to enforce the penalty or result until the hearing examiner renders a final decision. d. The community development director, or their designee, shall immediately deliver a copy of the appeal to the city attorney who will act as legal counsel for the city. e. Time of hearing and notice.Upon the suspension or revocation of the rental housing license, the community development director shall notify the owner and the occupants of the leased rental unit in writing. The notice shall state the reason for the suspension or revocation, a statement of required corrective actions, that the dwelling must be vacated within 30 days of the date of notice, and that the owner may appeal to the board in the manner provided in this article. A hearing shall be held on all appeals within 30 days after the filing of the appeal, unless a later date is scheduled by the hearing examiner upon a showing of good cause why the matter should be scheduled beyond that date. The city attorney's office shall cause written notice of the date, time and place of the hearing to be served upon the appellant by personal service, certified or first class mail to the address set forth in the notice of appeal at least 15 days before the hearing date. If the notice of hearing is sent by certified mail and is returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the notice of hearing sent by first class mail is not returned. f. Hearing procedures.The following rules shall govern the procedures for the hearing of the appeal. 1. Hearings and administrative appeals shall be governed by the rules of civil procedure and the rules of evidence as set forth in the South Dakota Codified Laws (SDCL). However, the foundational requirements of SDCL 19-16-10 and SDCL 19-16-12 will not be required as long as the hearing examiner is reasonably satisfied regarding the source of the document(s). 2. Oral evidence shall be taken only on oath or affirmation. 3. The hearing examiner shall administer oaths or affirmations to witnesses. 4. The city bears the burden of proof at the hearing. The standard of proof to be used by the hearing examiner is by a preponderance of the evidence. 5. The proponent of any testimony to be offered by a party or witness who does not proficiently speak the English language shall provide an interpreter. The interpreter shall be approved by the independent hearing examiner conducting the proceeding as proficient in the English language and the language in which the witness will testify. The cost of the interpreter is to be paid by the party providing the interpreter. g. Rights of parties at hearing.The appellant, the community development director, and any other party to an appeal shall have these rights among others: 1. To call and examine witnesses on any matter relevant to the issues of the hearing; 2. To introduce documentary and physical evidence; 3. To cross examine opposing witnesses on any matter relevant to the issues of the hearing; 4. To rebut evidence; 5. To subpoena witnesses to appear and give testimony on that party's behalf or to produce records, books, papers and documents relating to any matters related to the hearing. Any application for a subpoena shall be submitted to the hearing examiner for consideration at least ten days in advance of the hearing. The hearing examiner shall not unreasonably refuse to issue the requested subpoena. Any subpoena must be issued and served no later than five days before the scheduled time of the hearing. All costs related to the subpoena, including the witness fee and mileage fee at the rate provided by statute, SDCL Ch. 19-5, shall be paid by the party requesting the subpoena; 6. Any party who fails to appear at the hearing is deemed to waive the right to a hearing and the adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided; and 7. The hearing examiner shall cause to be made a record of the hearing, either stenographically or by sound or video recording, and shall make available a recording of the hearing to any person upon request and payment in advance of the estimated cost of the recording. h. Decision.After each appeal hearing, the hearing examiner shall perform the following: 1. Make written findings of fact; and 2. Based upon the written findings and conclusions, either sustain, remand for further hearing or action or rescind the decision of the community development department. i. Reports, costs.A written report of the decision, including the findings of fact, shall be served either in person or by first class mail upon the appellant and upon the city within 15 working days from the date the appeal hearing is concluded. The city and the appellant shall bear their own respective costs of the appeal proceeding, except as specifically provided herein. j. Subject to judicial review.The final decision of the hearing examiner may be subject to judicial review as provided by law. If judicial review has been commenced by the aggrieved party within 30 days after the final decision has been entered by the hearing examiner, or as otherwise provided by law, the city will take no further action to enforce the suspension or revocation of the rental dwelling license until the civil action is completed with the exception of those matters which require immediate abatement as set forth in section 22-375(a)(2). k. Filing fees.The filing fee for an appeal shall be $100.00 for each appeal filed by an owner, payable to the City of Brookings. Secs. 22-376—22-400. - Reserved. DIVISION 2. - LICENSE Sec. 22-401. - Licensing of leased dwelling units. It is unlawful for any owner of any dwelling unit to lease, rent or permit to be leased or rented any dwelling unit within the city without first obtaining a dwelling unit rental license for such dwelling unit from the city and paying the fee as provided in section 22-405. Sec. 22-402. - Application forms. The application for a dwelling unit rental license shall be made by completing the required forms furnished by the community development department. The community development department shall administer and enforce this article. No license will be issued or renewed unless the owner of any leased or rented dwelling unit agrees in the application to such inspections provided in section 22-406. Sec. 22-403. - Implementation. A tenant or other person may continue to occupy any existing, currently conforming leased or rented dwelling unit after the effective date of this article if the owner or their agent have complied with the requirements of this article. During the implementation of this article, the city will accept and file applications for a dwelling unit rental license. The city will systematically inspect leased or rented dwelling units and will issue licenses subject to available inspection personnel. In order to establish a uniform work load for future reapplications, the community development director will determine the expiration date of the initial license issued (not less than two years nor more than four years) and the license fee will be computed based on the initial length of the license. Sec. 22-404. - Term. Each license issued pursuant to this article, except as provided in section 22-403, will be effective from the date of issuance. At the conclusion of the license term, a new license application must be completed and submitted in accordance with section 22-402 of this article. Sec. 22-405. - Fees. A fee shall be charged for each leased or rented dwelling and dwelling unit. The fee for licenses issued under the provisions of this article shall be determined by resolution of the city council. License fees are due at the time the license is issued. A re-inspection fee shall be charged for each leased or rented dwelling and dwelling unit for each inspection completed after the initial inspection for a new dwelling unit rental license or the renewal of a previous dwelling unit rental license. The fee for re-inspections shall be determined by resolution of the city council. Sec. 22-406. - Inspection required. Upon receipt of an application for a dwelling unit rental license, except for the initial licensing, the community development director or their authorized representative shall, within 60 days after receiving the application, inspect the dwelling unit to be licensed to determine whether the unit complies with the initial inspection requirements of this article. No dwelling unit rental license will be issued by the city unless the dwelling unit complies with the initial inspection requirements. Units not previously licensed will be allowed 90 days from the date of inspection to conform to the requirements established in this article. Compliance dates for currently licensed units will be determined by the community development director or their authorized representative. Sec. 22-407. - Additional inspection requirements. Subsequent to compliance with the initial inspection requirements and issuance of the license, additional inspections of the premises may be made if the community development director or their representative determines hazardous conditions exist on the premises which may endanger the health, safety or welfare of the occupants. Such inspections will be made in accordance with the provisions of the applicable sections of city ordinance. Sec. 22-408. - License verification. The license for a dwelling unit or apartment building shall be displayed in a conspicuous place within each dwelling unit. Apartment buildings may display one license in a conspicuous place within the building near the primary entrance or an entrance authorized by the community development director or their representative. It is unlawful for any person or persons to display any license under this article which has been terminated, revoked or suspended or which has not been lawfully procured or issued. Sec. 22-409. - Transfer. Each license issued pursuant to this article may be transferred to another party, provided that any new licensee must complete and submit a new application to the city no later than 48 hours after the transfer of ownership of the licensed premises. Secs. 22-410—22-430. - Reserved. DIVISION 3. - STANDARDS Sec. 22-431. - Compliance with division requirements. Each leased or rental dwelling unit must comply with the requirements of this division. Sec. 22-432. - Smoke detector. Each dwelling unit must contain a properly installed and maintained smoke detectors. One smoke detector is required in each room used for sleeping purposes in addition to one smoke detector on each floor. The occupant of a dwelling unit shall not disable any required smoke detectors. Sec. 22-433. - Exits. Dwellings constructed on and after September 24, 1968, must meet the exit requirements of the city's building code at the time of construction. Dwellings existing prior to September 24, 1968, shall meet the following means of escape requirements: (1) Every bedroom and living area must have a primary means of escape which shall be a door or stairway providing a means of unobstructed travel to the outside of the dwelling at street or ground level. (2) Every sleeping room must have a second means of escape or alternative protection as follows: a. A door, stairway, passage or hall providing a way, independent of and remote from the primary means of escape, of unobstructed travel to the outside of the dwelling at street or ground level. b. A passage through adjacent, nonlockable spaces independent of and remote from the primary means of escape to any approved means of escape. c. One operable window approved for emergency escape or rescue. Escape or rescue windows shall have a minimum net clear openable area of 24 inches by 20 inches. Escape or rescue windows shall be free of any cracks or defects. When windows are provided as a means of escape or rescue, they shall have a finished sill height no more than 48 inches above the floor. Such means of escape shall be acceptable if the window is within 20 feet of grade or if the window opens onto an exterior balcony or porch roof. Escape and rescue windows with a finished sill height below the adjacent ground elevation shall have a window well that has a dimension, measured at right angles to the wall, equal to the depth of the window well that is below grade and shall comply with the following: 1. The minimum clear horizontal dimension of the window well shall allow the window to be fully opened. 2. Window wells with a vertical depth below grade of more than 48 inches shall be equipped with an approved permanently affixed ladder or stairs that are accessible with the window in the fully open position. The ladder or stairs shall not encroach into the required dimensions of the window well. Exception: Sleeping rooms in basement dwelling units which existed prior to September 24, 1968, may have a permanently affixed ladder, platform or equivalent rigid object below one window, meeting the minimum net clear opening requirements, capable of supporting the occupants and having a vertical distance from the windowsill of not more than 48 inches. The distance from the ladder, platform or equivalent rigid object to the windowsill shall not be less than 36 inches if the window opens into the room. The ladder, platform or equivalent rigid object shall have a horizontal surface projection from the wall of not less than seven inches. The length, running parallel with the wall, shall not be less than 20 inches. Sec. 22-434. - Parking. Each dwelling unit shall meet the on-premises parking requirements applicable at the time it was established. Parking lots, parking spaces and access thereto must meet architectural graphic standards established by the American Institute of Architects and all applicable regulations of chapter 94 of this Code of Ordinances. Sec. 22-435. - Zoning. Any lawful use of a building or land existing as of May 16, 1991, may be continued. Sec. 22-436. – Carbon monoxide alarms. All registered rental units shall be provided with carbon monoxide alarms and shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms in dwelling units with fuel-fired appliances and/or attached garages. The occupant of a dwelling unit shall not disable any required carbon monoxide alarms. Sec. 22-437. Lighting and electrical system. Every dwelling unit shall have electric service, outlets, and fixtures that are grounded and installed properly, maintained in good and safe working condition, and connected to a source of electric power. Rental dwelling units shall meet the following minimum requirements: (1) As of January 1, 2022, each kitchen and each room containing a toilet, sink, bathtub, or shower stall shall have at least one grounded duplex electric receptacle protected by a ground-fault circuit interrupter (GFCI). (2) Light fixtures shall be equipped with UL listing approved covers. (3) Receptacle outlets and light switches shall contain proper coverings. (4) Temporary wiring or extension cords shall not be used as permanent wiring. (5) Electrical panel shall have a clear path for access and shall not contain any broken or missing breakers. (6) Emergency lighting shall be provided in apartment buildings with stairs or common hallways in accordance with the City of Brookings Building Code as adopted and amendments thereto. (7) Exit signs shall be installed and maintained in apartment buildings with stairs or common hallways in accordance with the City of Brookings Building Code as adopted and amendments thereto. Sec. 22-438. Storage of Combustible Materials. Storage of combustible materials shall be separated from heaters or heating devices by distance or shielding in such a manner as to maintain the required clearances to combustible construction specified in the listing of heat-producing equipment. Unlisted heat-producing equipment shall be installed in such manner as to maintain clearances to combustible construction of twenty-four (24”) inches of separation on the front and six (6”) inches of separation on the sides or back of the equipment. Sec. 22-439. Locks/Security. Each dwelling unit shall be equipped with properly installed and maintained locking devices on entry doors. Sec. 22-440. Handrails/Spindles. Handrails and spindles shall be installed in accordance with the City of Brookings Building Code as adopted and amendments thereto. Sec. 22-441. Numbering of Units. Each dwelling unit shall be numbered in accordance with the City of Brookings Building Code as adopted and amendments thereto. Sec. 22-442. Ventilation. As of January 1, 2022, all bathrooms containing a shower or tub shall have natural ventilation provided by an easily openable exterior window or be installed with a mechanical ventilation system capable of exchanging air. 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 19-003,Version:2 Public Hearing and Action on Ordinance 19-003, an Ordinance establishing an Appeal Procedure for Dogs declared to be Biting or Vicious in the City of Brookings, South Dakota. Summary: This proposed ordinance supplements the City of Brookings current animal control ordinances by providing an appeal procedure for parties whose dogs have been declared to be biting or dangerous. Attachments: Memo City Attorney Memo Ordinance City of Brookings Printed on 4/18/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:David Erickson, Police Chief Council Meeting:March 26, 2019 Subject:Action on Ordinance 19-003, an ordinance establishing an appeal procedure for dogs declared to be biting or vicious in the City of Brookings, South Dakota. Person(s) Responsible: David Erickson, Police Chief Summary: This ordinance will establish and outline an appeals process for dog owners who have had their dog declared as biting, dangerous or vicious. Background: Animal control officers have declared dogs as biting, dangerous or vicious, and as a result certain requirements are placed on the dog owner in order to preserve public safety such as muzzling and containment when the dog is outside. Prior to this ordinance there was no form of appeal or due process for the dog owner if the declaration is disputed. This ordinance will put in place a process by which dog owners can appeal a declaration if they are in disagreement with said declaration. Discussion: Staff and legal counsel have drafted an ordinance which creates a process and sets forth the steps necessary for a dog owner to appeal a declaration of biting, dangerous or vicious. Legal Consideration: None. Financial Consideration: None. Options: The City Council has the following options: 1. Approve as presented 2. Deny Recommendation: Staff recommends approval of the ordinance as presented. Action Requested: Approval of the resolution to award the project to the low bidder. Supporting Documentation: 1. Resolution 2. Map Memorandum To: Mayor Corbett and Council Members, Paul Briseno, City Manager and Bonnie Foster, Acting City Clerk From: Steven J. Britzman, City Attorney Date: March 6, 2019 Re: Ordinance Establishing an Appeal Procedure for Dogs Declared to be Biting Discussion This proposed ordinance supplements our current animal control ordinances by providing an appeal procedure for parties whose dogs have been declared to be biting or dangerous. Because the owner and their dog may be subject to additional procedures when a dog bites, including impoundment, confinement requirements, and the potential removal of the dog from the owner’s possession, it was determined that additional due process procedures providing for an appeal by the owner should be provided in order to comply with prevailing law. The Animal Control Officer often has to make a determination quickly and based only on readily available facts, and by providing an appeal procedure, the City will satisfy the dog owner’s due process rights prior to the imposition of permanent restrictions or removal of the dog. Thanks. Steve Steven J. Britzman Brookings City Attorney 521 Sixth Street, Suite 104 Telephone (605) 697-9058 Brookings, South Dakota 57006 Facsimile (605) 697-9060 Email: britzmanlaw@brookings.net _____________________________________________________________ Ordinance 19-003 An Ordinance establishing an Appeal Procedure for Dogs declared to be Biting or Vicious in the City of Brookings, South Dakota. Be It Ordained by the governing body of the City of Brookings, South Dakota, as follows: I. Sec. 14-129. Appeal Permitted. (a) Any party who is aggrieved by any action or decision of an Animal Control Officer to declare a dog as biting, dangerous or vicious may appeal the decision. The party who wishes to appeal is referred to as the “appellant.” An independent hearing examiner, who must be a member in good standing of the State Bar of South Dakota, shall be assigned to hear the appeal. (b) Appeals shall be commenced by filing a written notice of appeal either in person or postmarked within 15 days of the decision. The written notice of appeal shall be printed legibly or typed and contain the following information: 1. The reasons the appellant believes the decision is objectionable, incorrect or illegal; 2. The type of claim or dispute involved and the time during which it accrued or occurred; 3.The name, address and telephone number of the appellant; 4.The number of the citation being appealed, if applicable; 5. A statement indicating whether the appellant desires the administrative appeal hearing to be open or closed to the public. All administrative appeal hearings are presumed to be open to the public. If either party requests a hearing that is closed to the public, the party requesting the closed hearing must present good cause to the hearing examiner that the public interest in having an open hearing is outweighed by the privacy interest involved in a particular case or that a closed hearing is legally required based upon the nature of the evidence to be presented at the administrative appeal hearing; 6. If the appellant is to be represented by a legal representative, the name, address and telephone number of the representative; and 7. The signature of the appellant, legal representative and/or corporate agent. (c) There shall be no fee to file an appeal. Compliance with the above time limit and notice of appeal information requirements shall be jurisdictional prerequisites to any appeal. Failure to comply with any of these requirements shall be deemed to waive the right to a hearing. (d) If the appellant complies with the jurisdictional requirements for an appeal, then the city will take no further action to enforce the decision until the hearing examiner renders a final decision. However, the provisions for prior notice and hearing may be dispensed with when, in the opinion of the Animal Control Officer, immediate action is necessary to summarily abate a dangerous condition on public or private property or there is an imminent threat to life or safety on public or private property. The Animal Control Officer shall take only such action as is reasonably necessary to summarily abate the danger, and then the city will take no further action to enforce the decision until the hearing examiner renders a final decision. (e) The Animal Control Officer, or his or her designee, shall immediately deliver a copy of the appeal to the city attorney who will act as the City’s legal counsel. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading:March 26, 2019 Second Reading: April 23, 2019 Published:April 26, 2019 CITY OF BROOKINGS, SD Keith W. Corbett, Mayor ATTEST: Bonnie Foster, Acting City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 19-004,Version:2 Second Reading and Action on Ordinance 19-004, an Ordinance authorizing Supplemental Appropriation #1 to the 2019 Budget. Summary: This ordinance will amend the 2019 Budget for the following changes: 1) To carry over items from the 2018 Budget 2) To update certain amounts in 2019’s Budget 3) To distribute wage increases from the contingency fund to each department. These increases were unknown at the time 2019’s Budget was estimated. Recommedation: Staff recommends approval of the Ordinance as presented. Attachments: Memo Ordinance City of Brookings Printed on 4/18/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:Erick Rangel, Chief Financial Officer Council Meeting:March 26, 2019 Subject:Introduction and First Reading on Ordinance 19-004, an Ordinance Authorizing Supplemental Appropriation #1 to the 2019 Budget. Person(s) Responsible: Erick Rangel, Chief Financial Officer Summary: This ordinance will amend the 2019 Budget for the following changes: 1)To carry over items from the 2018 Budget 2) To update certain amounts in 2019’s Budget 3) To distribute wage increases from the contingency fund to each department. These increases were unknown at the time 2019’s Budget was estimated. Background: Part 1 allocates expenditures for projects or purchases which were budgeted in 2018 but not completed by December 31, 2018. Part 2 makes adjustments to the 2019 Budget for the Larson Ice Center Project revenue and expenditures as follows: Revenue to transfer in the bond proceeds Expenditures for the Larson Ice Center project Part 3 allocates the negotiated wage adjustment to the department budgets. At the time the 2019 Budget was prepared and presented to City Council, negotiations with the collective bargaining units were not complete and the wage adjustment was not determined. Extra funds were budgeted in the contingency account to be distributed after the negotiations were completed. The budget amendment adjusts most wage line items to the final negotiated wage adjustment of 2.75%. Discussion: Staff recommends the proposed budget amendment. Legal Consideration: None. Financial Consideration: Part 1: No impact for the carryover items budgeted in 2018 that were not completed. Part 2: Bond proceeds will be utilized for the project. Part 3. No impact, moving funds budgeted in contingency to department budgets. Options: The City Council has the following options: 1. Approve as presented 2. Approve with recommended adjustments 3. Deny Recommendation: Staff recommends approval of the Ordinance as presented. Action Requested: Approval of the Ordinance to amend the 2019 Budget. Supporting Documentation: 1. Ordinance Ordinance 19-004 An Ordinance Authorizing a Supplemental Appropriation to the 2019 Budget Be It Ordained by the City of Brookings, South Dakota: Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it becomes due, Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following budget adjustments to the 2019 budget: Part 1 – Change Increase/(Decrease) General Fund Expenditures 101-452-5-425-05 Maintenance Buildings 20,274.00 Carryover funds for Southbrook Softball complex and water line project 101-452-5-930-00 Machinery & Auto Equipment 4,812.00 Carryover funds for Southbrook Softball complex and water line project 101-422-5-940-00 Other Capital (trees)5,000.00 Carryover funds for South Fire Station (trees) 101-405-5-856-97 City Manager's Contingency Fnd 5,000.00 Carryover funds for possible litigation expense 101-405-5-856-99 Contingency Fund 15,873.51 Carryover funds for possible litigation expense 101-406-5-427-01 Travel & Lodging 1,159.44 Carryover funds due to expected incremental activity 101-412-5-422-08 Litigation Expense 10,000.00 Carry over funds for possible litigation expense 101-415-5-422-02 Contracted Auditing Services 5,000.00 Carry overfunds due to expected incremental activity 101-415-5-427-01 Travel & Lodging 2,500.00 Carryover funds due to expected incremental activity 101-415-5-427-02 Registration & Training 1,304.88 Carryover funds due to expected incremental activity 101-455-5-367-01 Grant Expenditures 2,000.00 Carryover funds due to unused grant funded expense Total GF expenditures rolled over from 2018 72,923.83 25% Sales & Use Tax 212-000-5-960-00 Street & Sidewalk Improvements 302,568.70 Carryover funds for overlay project 212-000-5-960-02 Street curb & gutter 140,886.99 Carryover funds for concrete maintenance project 212-000-5-940-02 Other Capital Police 5,000.00 Carryover funds for accident software Total 25% S&U Tax expenditures rolled over from 2018 448,455.69 75% Sales & Use Tax 213-000-5-940-04 Parks & Rec Improvements 41,706.03 Carryover funds for Parks Projects 213-000-5-911-01 Railroad Crossing Arms 9,451.57 Carryover funds for Medary Ave railroad crossing arms 213-000-5-960-00 Street & Sidewalk Improvements 298,996.69 Carryover funds for overlay project 213-000-5-960-02 Street curb & gutter 214,563.98 Carryover funds for concrete maintenance project 213-000-5-999-47 Special Projects 6,534.46 Carryover funds for library sidewalk work Total 75% S&U Tax expenditures rolled over from 2018 571,252.73 Special Assessment 280-000-5-960-00 Street & Sidewalk Improvement 1,561,305.00 Carryover funds for 15th St S & 7th Ave S Storm Drainage 282-000-5-980-00 Storm Sewer Improvements 900,000.00 Carryover funds for 20th St S and 15th St S & 7th Ave S Gateway Capital Project Fund 520-000-5-422-03 Consulting 41,289.94 Carryover funs for Gateway Project 520-000-5-426-06 Horticulture Supplies 150,760.00 Carryover funs for Gateway Project 520-000-5-960-00 Other capital 105,268.00 Carryover funs for Gateway Project 520-000-5-428-04 Street lights 283,000.00 Carryover funs for Gateway Project Total Gateway Expenditures rolled over from 2018 580,317.94 S Main Ave & 26th St Capital Project Fund 523-000-5-940-00 Other Capital 2,139,720.82 Carryover funds for 20th Street South Project Marketplace 525-000-5-422-03 Consulting/Engineering 9,500.00 Carryover funds for 20th Street South Project Airport Fund 606-000-5-970-00 Runway Improvements 12,638.00 Carryover funds for taxilane project Part 2 Change Increase/(Decrease) Part 3 Change Increase/(Decrease) All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: March 26, 2019 Second Reading: April 23, 2019 Published: CITY OF BROOKINGS _________________________ ATTEST: Keith W. Corbett, Mayor ____________________________ Bonnie Foster, Acting City Clerk Larson Ice Center Capital Project Fund 526-000-6-700-00 Bond Proceeds 3,700,000.00 Bond Proceeds for Larson Ice Center Project Total Change in Revenue 3,700,000.00 526-000-5-940-00 Buildings & Structures 3,700,000.00 Project budget for Larson Ice Center Project Total Change in Expenditures 3,700,000.00 General Fund Expenditures Wage Adjustments 101-403-5-101-00 Regular Pay 4,119.23 Move from contingency per negotiations wage adjustment 101-406-5-101-00 Regular Pay 7,888.76 Move from contingency per negotiations wage adjustment 101-414-5-101-00 Regular Pay 4,090.68 Move from contingency per negotiations wage adjustment 101-415-5-101-00 Regular Pay 7,837.86 Move from contingency per negotiations wage adjustment 101-416-5-101-00 Regular Pay 3,148.78 Move from contingency per negotiations wage adjustment 101-418-5-101-00 Regular Pay 8,771.43 Move from contingency per negotiations wage adjustment 101-419-5-101-00 Regular Pay 9,413.17 Move from contingency per negotiations wage adjustment 101-421-5-101-00 Regular Pay 64,762.53 Move from contingency per negotiations wage adjustment 101-422-5-101-00 Regular Pay 6,312.30 Move from contingency per negotiations wage adjustment 101-431-5-101-00 Regular Pay 20,849.51 Move from contingency per negotiations wage adjustment 101-442-5-101-00 Regular Pay 1,500.02 Move from contingency per negotiations wage adjustment 101-448-5-101-00 Regular Pay 466.40 Move from contingency per negotiations wage adjustment 101-449-5-101-00 Regular Pay 1,567.91 Move from contingency per negotiations wage adjustment 101-451-5-101-00 Regular Pay 2,760.45 Move from contingency per negotiations wage adjustment 101-452-5-101-00 Regular Pay 13,682.16 Move from contingency per negotiations wage adjustment 101-453-5-101-00 Regular Pay 4,100.58 Move from contingency per negotiations wage adjustment 101-454-5-101-00 Regular Pay 7,121.65 Move from contingency per negotiations wage adjustment 101-455-5-101-00 Regular Pay 14,365.01 Move from contingency per negotiations wage adjustment Total change in GF Expenditures 182,758.40 214-000-5-101-00 Regular Pay 8,859.29 Move from contingency per negotiations wage adjustment 282-000-5-101-00 Regular Pay 1,848.69 Move from contingency per negotiations wage adjustment Total change in Special Revenue Expenditures 10,707.98 601-000-5-101-00 Regular Pay 4,314.56 Move from contingency per negotiations wage adjustment 606-000-5-101-00 Regular Pay 3,166.54 Move from contingency per negotiations wage adjustment 607-000-5-101-00 Regular Pay 2,615.42 Move from contingency per negotiations wage adjustment 612-000-5-101-00 Regular Pay 5,956.56 Move from contingency per negotiations wage adjustment 625-000-5-101-00 Regular Pay 6,667.31 Move from contingency per negotiations wage adjustment Total change in Enterprise Expenses 22,720.39 101-405-5-856-99 Contingency Fund (216,186.77) Move to Departments per negotiations wage adjustment Special Revenue Expenditures Enterprise Expenses