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Home My WebLink About2019_05_14 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 Chambers6:00 PMTuesday, May 14, 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. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2.ID 2019-0173 Present Certificate of Election and Oath of Office to Council Members Leah Brink and Holly Tilton Byrne. Certificate of Election & Oath of Office - L. Brink Certificate of Election & Oath of Office - H. Tilton Byrne Attachments: 3. Record of Council Attendance. 4. 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. 4.A. Action to approve the agenda. 4.B.ID 2019-0183 Action to approve the April 23, 2019 City Council Minutes. MinutesAttachments: Page 1 City of Brookings May 14, 2019City Council Meeting Agenda 4.C.RES 19-035 Action on Resolution 19-035, a Resolution authorizing the Brookings Summer Arts Festival Committee to have exclusive use of Pioneer Park. ResolutionAttachments: 4.D.RES 19-038 Action on Resolution 19-038, a Resolution declaring surplus property for the City of Brookings. ResolutionAttachments: 4.E.ID 2019-0198 Action on Ex-Officio and other Council Member Appointments. 4.F.RES 19-039 Action on Resolution 19-039, a Resolution Establishing the Complete Count Committee for the 2020 Census for the City of Brookings, South Dakota. ResolutionAttachments: 5. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 6. Open Forum/Presentations/Reports: 6.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. 6.B. SDSU Student Association Report. 6.C.ID 2019-0199 1st Quarter CFO’s Report. ReportAttachments: 7. Contracts/Change Orders: 7.A.RES 19-040 Action on Resolution 19-040, a Resolution Authorizing Change Order No. 1 for the 2019-04STI, 22nd Avenue Phase I Reconstruction Project; Timmons Construction, Inc. Memo Resolution Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 8. 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. 9. Public Hearings and Second Readings: Page 2 City of Brookings May 14, 2019City Council Meeting Agenda 9.A.ORD 19-005 Public Hearing and Action 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. Memo Ordinance Peer Community Research Comparison Rental Dwelling Units - Marked Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 4/23/19 City Council read into the record 9.B.ID 2019-0184 Public Hearing and Action on a Temporary Alcohol Application from the Chamber Downtown Committee, to host a series of events for Downtown at Sundown on the 300 Block of 5th Street (between 3rd Ave. and Main Ave.) on July 11, July 18, July 25, August 1, August 8, August 15, and August 22, 2019. Memo Legal Notice Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9.C.ID 2019-0185 Public Hearing and Action on a Temporary Alcohol Application from the Brookings Regional Humane Society for a temporary alcohol license to operate within the City of Brookings, South Dakota for a Humane Society Fundraiser to be held on June 1, 2019 at 120 W 2nd St. So. Memo Legal Notice Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9.D.ID 2019-0193 Public Hearing and Action on a Temporary Alcohol Application from the Brookings Cubs Baseball Group for a temporary alcohol license to operate within the City of Brookings, South Dakota for the Brookings Cubs Baseball Games to be held on June 7, June 20, and June 27, 2019 at Bob Shelden Field, 530 Elm Avenue. Memo Legal Notice Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 10. Other Business: 11. 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. Page 3 City of Brookings May 14, 2019City Council Meeting Agenda 12. Adjourn. Brookings City Council: Keith Corbett, Mayor Council Members Patty Bacon, Leah Brink, 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 2019-0173,Version:1 Present Certificate of Election and Oath of Office to Council Members Leah Brink and Holly Tilton Byrne. Summary: Council Members Leah Brink and Holly Tilton Byrne will be presented with their Certificate of Election and take their Oath of Office. Attachments: Certificate of Election & Oath of Office - Leah Brink Certificate of Election & Oath of Office - Holly Tilton Byrne City of Brookings Printed on 5/9/2019Page 1 of 1 powered by Legistar™ State Of South Dakota County Of Brookings Municipality of Brookings Certificate Of Election This is to certify that on the 9th day of April, 2019, at the municipal election held throughout the City of Brookings Leah Brink was duly elected by the qualified voters of the City of Brookings to the office of Council Member for a term of three years, beginning May 1, 2019. Dated at Brookings, South Dakota, this 14th day of May, 2019. Bonnie Foster, Acting City Clerk Brookings City Council Oath of Office I, Leah Brink, having been elected to the office of City Council Member within and for the City of Brookings, Brookings County, South Dakota, do solemnly swear I will support the Constitution of the United States and of this State and the Brookings City Charter, and faithfully discharge the duties of my office, and that I am not under direct or indirect obligation to appoint or elect any person to any office, position, or employment under the government of the City of Brookings. Leah Brink Subscribed and sworn to before me this 14th day of May, 2019. Keith W. Corbett, Mayor State Of South Dakota County Of Brookings Municipality of Brookings Certificate Of Election This is to certify that on the 9th day of April, 2019, at the municipal election held throughout the City of Brookings Holly Tilton Byrne was duly elected by the qualified voters of the City of Brookings to the office of Council Member for a term of three years, beginning May 1, 2019. Dated at Brookings, South Dakota, this 14th day of May, 2019. Bonnie Foster, Acting City Clerk Brookings City Council Oath of Office I, Holly Tilton Byrne, having been elected to the office of City Council Member within and for the City of Brookings, Brookings County, South Dakota, do solemnly swear I will support the Constitution of the United States and of this State and the Brookings City Charter, and faithfully discharge the duties of my office, and that I am not under direct or indirect obligation to appoint or elect any person to any office, position, or employment under the government of the City of Brookings. Holly Tilton Byrne Subscribed and sworn to before me this 14th day of May, 2019. Keith W. Corbett, Mayor 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 2019-0183,Version:1 Action to approve the April 23, 2019 City Council Minutes. Attachments: 04/23/2019 Minutes City of Brookings Printed on 5/9/2019Page 1 of 1 powered by Legistar™ Brookings City Council April 23, 2019 (unapproved) The Brookings City Council held a meeting on Tuesday, April 23, 2019 at 5:30 PM, at City Hall with the following City Council members present: Mayor Keith Corbett, Deputy Mayor Mary Kidwiler, Council Members Patty Bacon, Dan Hansen, Holly Tilton Byrne, Nick Wendell, and Ope Niemeyer. City Manager Paul Briseno, City Attorney Steve Britzman, and Acting City Clerk Bonnie Foster were also present. 5:30 PM EXECUTIVE SESSION A motion was made by Council Member Hansen, seconded by Council Member Tilton Byrne, to enter into 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 be approved, with the City Council, City Manager, City Attorney, Steve Meyer, BMU Exec. Vice-President and General Manager, and Laura Julius, BMU Finance Manager, present. The motion carried by a unanimous vote. A motion was made by Council Member Hansen, seconded by Council Member Wendell, to exit Executive Session at 5:52 p.m. The motion carried by a unanimous vote. 6:00 PM REGULAR MEETING Consent Agenda: A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. 3.A. Action to approve the agenda. 3.B. Action to approve the March 26, and April 16, 2019 City Council Minutes. 3.C. 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. 3.D. 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. 3.E. 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. 3.F. Action on appointments to the Brookings Committee for People who have Disabilities:appoint Connie Lemke and Destini Crevier (terms expire 1/1/2020). 3.G. Action on appointments to City Boards, Committees and Commissions: Airport Board: reappoint Judy McLaughlin (term expires 1/1/2024); Human Rights Commission: reappoint Wren Murphy as student representative (term expires 5/1/2020); Park & Recreation Board: reappoint Erika Saunders and Brittany Kleinsasser (terms expire 5/1/2022), appoint John Maynes (term expires 5/1/2022); Utility Board: reappoint Seth Hansen (term expires 5/1/2024). 3.H. Action on Resolution 19-036, a Resolution declaring surplus property for the City of Brookings. 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 Dept.: One (1) 2012 Elgin Pelican Sweeper, Serial # NP-2523-S; One (1) 2005 Polaris Sportsman 400 4x4 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, SD, that this property be declared surplus property according to SDCL Chapter 6-13. 3.I. Action on Resolution 19-031, a Bridge Reinspection Program Resolution for use with SDDOT Retainer Contracts. 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. 3.J. Action on Resolution 19-037, a Resolution Authorizing a State Water Plan Application and Related Grant/Loan Application (State Avenue Watershed Improvement Project). 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. BMU Financial Update. Laura Julius, Brookings Municipal Utilities Finance & Account Manager, presented an updated financial report to the City Council and public. First Reading – Ordinance 19-005. Introduction and First Reading was held 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. Ordinance 19-003.A public hearing was held 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 Comment: Jenny Jasper. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Ordinance 19-003 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. Ordinance 19-004. A second reading was held on Ordinance 19-004, an Ordinance authorizing Supplemental Appropriation #1 to the 2019 Budget. A motion was made by Council Member Niemeyer, seconded by Council Member Tilton Byrne, that Ordinance 19-004 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. Council Member Introduction of Topics for Future Discussion. Council Member Niemeyer asked for updates on the following: 1) Storm Drainage Plan for Windermere area, 2) Car Charging Station, 3) Policy for developments, 4) What is the policy on sump pump drainage going from house to storm sewer? City Manager Briseno stated the Car Charging Station has been deferred to the Sustainability Council. Jake Meshke, Assistant to the City Manager, has been researching grant opportunities to defray costs. An update on the other items will be given at a future meeting date by Jackie Lanning, City Engineer. Mayor Corbett presented outgoing Council Member Mary Kidwiler a gift thanking her for her 3 years serving as City Council Member. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Bacon, that this meeting be adjourned at 6:44 p.m. The motion carried by a unanimous vote. 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 #:RES 19-035,Version:1 Action on Resolution 19-035, a Resolution authorizing the Brookings Summer Arts Festival Committee to have exclusive use of Pioneer Park. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 5/9/2019Page 1 of 1 powered by Legistar™ Resolution 19-035 A Resolution authorizing the Brookings Summer Arts Festival Committee to have Exclusive Use of Pioneer Park Whereas, the Brookings Summer Arts Festival will be held in Pioneer Park on July 13- 14, 2019; and Whereas, the Summer Arts Festival Committee has requested the exclusive use and control of Pioneer Park and its facilities for said festival, plus additional days for preparation and takedown; and Whereas, the Summer Arts Festival Committee will provide evidence of liability insurance coverage including the City of Brookings as named insured; and Whereas, the Summer Arts Festival Committee has agreed to accept responsibility for the conduct of the Summer Arts Festival on said premises. Now, Therefore, Be It Hereby Resolved, that the use of Pioneer Park and its facilities as a public park shall terminate for the period of July 9 through July 16, 2019. Be It Further Resolved, that the City Council does hereby grant the exclusive use of Pioneer Park and its facilities during the Brookings Summer Arts Festival to the Summer Arts Festival Committee. Further, It Is Resolved, that the Summer Arts Festival Committee shall be responsible for maintaining said facilities and cleaning them and returning them to the City of Brookings in good condition following the festival. Passed and approved this 14 th day of May, 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 #:RES 19-038,Version:1 Action on Resolution 19-038, 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 Park & Rec Dept. ·1978 Intersollrand 175 air compressor; Serial #107078-U79-919 ·Sullair 175 air compressor; Serial #310N989 ·JCB Backhoe; Serial #14BN2036 / 318075 / 7 ·5’ x 8’ homemade Trailer; no serial # ·6 ½’ x 10’ homemade Trailer; no serial # ·MTD 8 horse 26” cut Track Snow Blower; Model #314-642F000 ·Lincoln Ark Welder (portable); Serial #A655957; Model AC-130; Code 6672 ·Hustler Super 104 Mower; Serial #13051399 ·1995 Cushman Truckster; Serial #96007380 ·Terf Aerway 5’; Serial #AW050H-1B37 ·3-point Disc 7’; no serial # ·8’ Metal Brake, Chicago size 8/8; Serial #51977 ·1997 F 150 Ford 4x4; VIN #1FTDX18WOVKB68146 ·1995 International 4700 Chipper Truck; VIN #1HTSCAAR5SH640408 ·1997 E350 Ford Van; VIN #1FBJS31L7VHB06158 ·1998 Dodge Ram 4x4 Extended Cab; VIN #3B7HF13Z2WG154067 ·1993 Chevy 4x4 1500 Extended Cab; VIN #2GCEK19K5P1166426 ·2006 Pontiac Montana Van; VIN #1GMDV33L66D137208 ·M-B 7’ Hydraulic Broom; Serial #12-3161 ·2006 John Deere 510 Mower; Serial #MOF510A150380 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 City of Brookings Printed on 5/9/2019Page 1 of 2 powered by Legistar™ File #:RES 19-038,Version:1 Attachments: Resolution City of Brookings Printed on 5/9/2019Page 2 of 2 powered by Legistar™ Resolution 19-038 Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Park & Rec Dept. 1978 Intersollrand 175 air compressor; Serial #107078-U79-919 Sullair 175 air compressor; Serial #310N989 JCB Backhoe; Serial #14BN2036 / 318075 / 7 5’ x 8’ homemade Trailer; no serial # 6 ½’ x 10’ homemade Trailer; no serial # MTD 8 horse 26” cut Track Snow Blower; Model #314-642F000 Lincoln Ark Welder (portable); Serial #A655957; Model AC-130; Code 6672 Hustler Super 104 Mower; Serial #13051399 1995 Cushman Truckster; Serial #96007380 Terf Aerway 5’; Serial #AW050H-1B37 3-point Disc 7’; no serial # 8’ Metal Brake, Chicago size 8/8; Serial #51977 1997 F 150 Ford 4x4; VIN #1FTDX18WOVKB68146 1995 International 4700 Chipper Truck; VIN #1HTSCAAR5SH640408 1997 E350 Ford Van; VIN #1FBJS31L7VHB06158 1998 Dodge Ram 4x4 Extended Cab; VIN #3B7HF13Z2WG154067 1993 Chevy 4x4 1500 Extended Cab; VIN #2GCEK19K5P1166426 2006 Pontiac Montana Van; VIN #1GMDV33L66D137208 M-B 7’ Hydraulic Broom; Serial #12-3161 2006 John Deere 510 Mower; Serial #MOF510A150380 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 is hereby authorized to sell said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6-13. Passed and approved this 14th day of May, 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 #:ID 2019-0198,Version:1 Action on Ex-Officio and other Council Member Appointments. Summary: Mayor Corbett recommends the following appointments: ·Brookings County & City Joint Jurisdictional Committee Council Member Ope Niemeyer Council Member Holly Tilton Byrne ·Brookings Health System Board of Trustees Council Member Dan Hansen Council Member Leah Brink ·Brookings Municipal Utilities Council Member Ope Niemeyer Council Member Patty Bacon ·BEDC Board Council Member Dan Hansen ·BEDC Investment Committee Council Member Leah Brink Council Member Ope Niemeyer Council Member Dan Hansen ·East Central Communications Council (E-911) Council Member Patty Bacon ·Joint Powers Board Council Member Nick Wendell Council Member Leah Brink ·Retail Grant Committee Council Member Dan Hansen City of Brookings Printed on 5/13/2019Page 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 #:RES 19-039,Version:1 Action on Resolution 19-039, a Resolution Establishing the Complete Count Committee for the 2020 Census for the City of Brookings, South Dakota. Summary: This Resolution will create a Complete Count Committee for the City of Brookings to assist in activities leading up to the 2020 Census count. Background: The U.S. Census Bureau is required by the U.S. Constitution to complete an accurate count of the population every 10 years. Federal and state funding is allocated to communities and decisions are made on matters of national, state, and local importance based, in part, on census data. As part of the 2010 Census, the City of Brookings established a Complete Count Committee by resolution in early 2009. The committee appointments were completed by early Fall 2009 and the committee official held their first meeting on January 19, 2010. The committee met weekly for the first month and then switched to bi-monthly meetings through the end of March. The committee worked on various educational and marketing materials to encourage and promote census activities. The committee consisted of members from various segments of the Brookings population as well as partnered with Brookings County on coordination of census activities. In addition, a Mayoral proclamation was issued on March 15, 2010 proclaiming the week of March 15 through 21, 2010 as Brookings Census Week. Fiscal Impact: $5,000 Recommendation Staff recommends approval of Resolution 19-039 establishing a 2020 Complete Count Committee. Attachments: Resolution City of Brookings Printed on 5/9/2019Page 1 of 1 powered by Legistar™ Resolution 19-039 A Resolution Establishing the Complete Count Committee for the 2020 Census for the City of Brookings, South Dakota Whereas, the United States will conduct a complete census of its population during the 2020 Census; and Whereas, the City of Brookings has a vested interest in achieving a complete and accurate count of its population during the 2020 Census; and Whereas, specific interests include increased Federal funds appropriations, accurate local statistical data for retail attraction, and accurate data for community housing needs; and Whereas, some segments of the population are at risk for undercounting in the census; and Whereas, the input and support of individuals and organizations actively engaged with groups at risk for undercounting in the City of Brookings is necessary to achieve a complete count; and Whereas, a Complete Count Committee would bring together individuals from throughout the city committed to achieving a complete census count. Now, Therefore, Be It Resolved, that the City Council of the Brookings, South Dakota, hereby establishes the Brookings Complete Count Committee to plan and implement strategies for achieving a complete count of Brookings city residents in the year 2020 United States Census, including those residents at-risk for undercounting. Purpose Statement/Goals: 1) Develop a community-specific 2020 Census awareness campaign. 2) Provide leadership in the promotion of the 2020 Census. 3) Commit to ensuring every resident in our community is counted. Membership: Due regard given to the following areas of representation: Local Government (Brookings City Council & Brookings County Commission, City and County Planning Departments), State Government (Social Services, Vocational Rehabilitation), Higher Learning (South Dakota State University: Administration, Student Senate, Diversity Office), Brookings School System, Senior Citizens, Business/Industry, Faith- Based Groups (Ministerial Association, Habitat for Humanity), Tribal Government, Citizens at large, and the Media. Residency: Each member of the Complete Count Committee shall be a resident of the City of Brookings. Meetings: The Brookings Complete Count Committee will meet at least monthly from the committee inspection through May 2020 with the staff support of the City Manager’s Office and Community Development Director. Quorum: A majority of the members of the Committee shall constitute a quorum for the transaction of its business. Coordination: The Brookings Complete Count Committee will coordinate its activities with representatives from the U.S. Census Bureau’s Regional Office and with Brookings County Development Officials. Now, Therefore, Be It Further Resolved that the City of Brooking duly authorizes the creation of a Complete Count Committee for the 2020 Census and the appointment of members with regard to areas of representation listed above. Now, Therefore, Be It Further Resolved that the Complete Count Committee will be dissolved upon the completion of the 2020 Census count. Passed and approved this 14th day of May, 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 2019-0199,Version:1 1st Quarter CFO’s Report. Summary: Chief Financial Officer, Erick Rangel, will present the 1st Quarter Financial Report to the City Council and members of the public. Attachments: 1st Quarter Financial Report City of Brookings Printed on 5/9/2019Page 1 of 1 powered by Legistar™ Brookings City Council Meeting Q1 2019 CFO’s Repot May 2019 .5 M 1. M 1.5 M 2. M 2.5 M 3. M 3.5 M 4. M 4.5 M 2018 A 2019 A 19-Budget City of Brookings Sales Tax Received (March 2019) 2018 A 2019 A 19-Budget 2 Q1 2019 Tax Revenue A Actuals Δ Variance B Budget Sales Tax Received vs LY vs Budget2019 Tax Revenue 10.8%6.0% REVENUES (TH):FY2019 B Prorated YTD 2019 B 2019 YTD A Δ $ F/(U)Δ% Sales Tax: 1st Penny $6,818,600 $1,704,650 $1,940,508 $235,858 13.8% 75% 2nd Penny $5,162,830 $1,290,708 $1,471,680 $180,973 14.0% 25% 2nd Penny $1,704,650 $426,163 $476,692 $50,530 11.9% 3rd Penny $969,000 $242,250 $227,510 ($14,740)(6.1%) BID (Pillow Tax)$400,000 $100,000 $55,172 ($44,828)(44.8%) Total $15,055,080 $3,763,770 $4,171,563 $407,793 10.8% Property Tax:$3,236,500 $809,125 $141,937 ($667,188)(82.5%) Grand Total $18,291,580 $4,572,895 $4,313,499 ($259,396)(5.7%) 3 Q1 2019 Budget vs Actuals General Fund Capital Improvement Projects A Actuals Δ Variance B Budget EXPENDITURES:FY2019 B Prorated YTD 2019 B 2019YTD A Δ $ (F)/U % Used Mayor & Council $127,528 $31,882 $16,729 ($15,153)13.1% City Clerk $319,051 $79,763 $68,827 ($10,935)21.6% City Manager $452,695 $113,174 $102,031 ($11,142)22.5% City Attorney $108,919 $27,230 $23,699 ($3,531)21.8% Human Resources $249,707 $62,427 $56,997 ($5,430)22.8% Finance $482,004 $120,501 $108,552 ($11,949)22.5% IT $256,409 $64,102 $45,040 ($19,062)17.6% Government Buildings $184,346 $46,087 $16,885 ($29,201)9.2% Community Development $504,644 $126,161 $108,121 ($18,040)21.4% Engineering $530,946 $132,737 $121,054 ($11,682)22.8% County Reimbursement $406,226 $101,557 $50,261 ($51,295)12.4% Police Department $3,762,552 $940,638 $858,160 ($82,478)22.8% Fire Department $680,793 $170,198 $184,523 $14,324 27.1% Hydrant Rental $95,795 $23,949 $16,119 ($7,830)16.8% Street Department $2,651,191 $662,798 $846,346 $183,548 31.9% Animal Control $144,888 $36,222 $23,643 ($12,579)16.3% Dakota Nature Park $122,062 $30,516 $11,101 ($19,415)9.1% Aquatic Center $476,230 $119,058 $18,033 ($101,024)3.8% Recreation Department $353,350 $88,338 $60,823 ($27,515)17.2% Parks Department $1,625,032 $406,258 $300,716 ($105,542)18.5% Ice Arena $666,388 $166,597 $118,137 ($48,460)17.7% Forestry $643,259 $160,815 $198,103 $37,288 30.8% Library $1,253,318 $313,330 $260,168 ($53,161)20.8% Subsidies $890,202 $222,551 $293,450 $70,899 33.0% Total $16,987,535 $4,246,884 $3,907,520 ($339,364)23.0% CIP $11,702,204 $2,925,551 $403,850 ($2,521,701)3.5% Grand Total $28,689,739 $7,172,435 $4,311,369 ($2,861,065)15.0% EXPENDITURES:FY2019 B Prorated YTD 2019 B 2019YTD A Δ $ (F)/U % Used CIP $11,702,204 $2,925,551 $403,850 ($2,521,701)3.5% Grand Total $28,689,739 $7,172,435 $4,311,369 ($2,861,065)15.0% 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 19-040,Version:1 Action on Resolution 19-040, a Resolution Authorizing Change Order No. 1 for the 2019-04STI, 22 nd Avenue Phase I Reconstruction Project; Timmons Construction, Inc. Summary: This project is the 22nd Avenue Reconstruction Project between Minnesota Drive and Eastbrook Drive which includes full reconstruction to widen the current roadway and sidewalks. Change Order No. 1 includes several items that have been added to the project. During the early stages of the project, it was determined that additional traffic control signs and barricades were needed to increase the safety and ease of traffic through the 22nd Avenue detour. Brookings Municipal Utilities also found that a sanitary sewer manhole needed replacement and BMU will pay for the cost of the manhole. The contractor and engineering consultant recommend adding geotextile fabric to stabilize the subgrade over the shallow gas lines, telephone duct lines, and variable subgrade material. The total cost of these items in this change order is an increase of $44,476.10 to the contract. Recommendation: Staff recommends approval of the resolution to approve the change order. Attachments: Resolution City of Brookings Printed on 5/9/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:Jackie Lanning, City Engineer Council Meeting:May 14, 2019 Subject:Action on Resolution 19-040, a Resolution Authorizing Change Order No. 1 for the 2019-04STI, 22nd Avenue Phase I Reconstruction Project, Timmons Construction, Inc. Person(s) Responsible: Jackie Lanning, City Engineer Summary: This resolution will approve Change Order No. 1 for the 2019-04STI 22nd Avenue Phase I Reconstruction Project for the addition of traffic control signage and barricades, replacing a sanitary sewer manhole and installing geotextile fabric to stabilize the subgrade for an increase of $44,476.10 to the contract. Background: This project is the 22nd Avenue Reconstruction Project between Minnesota Drive and Eastbrook Drive. The project includes full reconstruction to widen the current roadway for 11’-wide driving lanes, new 5’-wide concrete sidewalk on one side of the street, 8’- wide concrete shared use path on the other side of the street, replacement of underground utilities, traffic signal upgrades and new street lighting. During the early stages of the project, it was determined that additional traffic control signs and barricades were needed to increase the safety and ease of traffic through the 22nd Avenue detour. Brookings Municipal Utilities also found that a sanitary sewer manhole needed replacement and BMU will pay for the cost of the manhole. The contractor and engineering consultant recommend adding geotextile fabric to stabilize the subgrade over the shallow gas lines, telephone duct lines and variable subgrade material. The total cost of these items in this change order is an increase of $44,476.10 to the contract. Discussion: Staff and the consulting engineers discussed the need for the change order and the associated costs. Staff agrees that the traffic control signs and barricades were needed to improve traffic flow through the detour area. Brookings Municipal Utilities agreed that the sanitary sewer manhole replacement was necessary. In addition, staff agrees that the geotextile fabric will improve the stabilization of the subgrade over shallow utilities and create a consistent base over the existing variable subgrade material. The change order summary is as follows: Original Contract Price:$2,835,903.50 Change from Previously Approved Change Orders:$0.00 Contract Price Prior to this Change Order: $2,835,903.50 Increase of this Change Order (No. 1): $44,476.10 Contract Price Incorporating This Change Order:$2,880,379.60 Legal Consideration: None. Financial Consideration: The contract will increase by $44,476.10 and the cost will be paid by the project contingency. Options: The City Council has the following options: 1. Approve as presented 2. Deny Recommendation: Staff recommends approval of the resolution as presented. Action Requested: Approval of the resolution to approve the change order. Supporting Documentation: 1. Resolution Resolution 19-040 Resolution Authorizing Change Order No. 1 for 2019-04STI, 22nd Avenue Phase 1 Reconstruction Project; Timmons Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for 2019- 04STI, 22nd Avenue Phase 1 Reconstruction Project: Construction Change Order Number 1: Adjust plan quantities for additional traffic control signage and barricades, replacement of a sanitary sewer manhole and for geotextile fabric for shallow utilities and subgrade stabilization for a total increase of $44,476.10 to the contract. Passed and approved this 14th day of May, 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 #:ORD 19-005,Version:2 Public Hearing and Action 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. 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 5/9/2019Page 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 of January 1, 2022 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:May 17, 2019 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 #:ID 2019-0184,Version:1 Public Hearing and Action on a Temporary Alcohol Application from the Chamber Downtown Committee, to host a series of events for Downtown at Sundown on the 300 Block of 5th Street (between 3rd Ave. and Main Ave.) on July 11, July 18, July 25, August 1, August 8, August 15, and August 22, 2019. Summary: The Chamber Downtown Committee has applied for a temporary alcohol license to host Downtown at Sundown, a Summer Music Concert Series with food and craft vendors and children’s activities, on the 300 Block of 5th Street (between 3rd Ave. and Main Ave.) on July 11, July 18, July 25, August 1, August 8, August 15, and August 22, 2019. All documents have been filed with the City pertaining to insurance and other licensing requirements. Recommendation: Staff recommends approval. Attachments: Legal Notice City of Brookings Printed on 5/9/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:Bonnie Foster, Acting City Clerk Council Meeting:May 14, 2019 Subject:Temporary Alcohol Application Downtown at Sundown Person(s) Presenting: Bonnie Foster, Acting City Clerk Summary: The Chamber Downtown Committee, has applied for a Temporary Alcohol License, to host a series of events for Downtown at Sundown on the 300 Block of 5th Street (between 3rd Ave. and Main Ave.) on July 11, July 18, July 25, August 1, August 8, August 15, and August 22, 2019. Background: All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. Legal Consideration: None. Financial Consideration: As per Resolution 15-066, a Resolution establishing the License Fees for the Issuance of Special Alcoholic Beverage Licenses in the City of Brookings, there will be a fee assessed at $50 per event date. Options: The City Council has the following options: 1. Approve as presented 2. Approve with recommended adjustments 3. Deny Recommendation: Staff recommends approval. Action Requested: Approval of the Temporary Alcohol License for the July 11, July 18, July 25, August 1, August 8, August 15, and August 22, 2019 event dates. Supporting Documentation: 1. Legal Notice Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, May 14, 2019, in the Brookings City & County Government Center, 520 Third Street, to consider a Temporary Alcohol License Application from the Chamber Downtown Committee to operate within the City of Brookings, South Dakota, to host a series of events on the 300 Block of 5 th Street (between 3rd Ave. and Main Ave.) on July 11, July 18, July 25, August 1, August 8, August 15, and August 22, 2019. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 7th day of May, 2019. Bonnie Foster, Acting City Clerk Published time(s) at an approximate cost: $. 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 2019-0185,Version:1 Public Hearing and Action on a Temporary Alcohol Application from the Brookings Regional Humane Society for a temporary alcohol license to operate within the City of Brookings, South Dakota for a Humane Society Fundraiser to be held on June 1, 2019 at 120 W 2nd St. So. Summary: The Brookings Regional Humane Society has applied for a Temporary Alcohol License for a Humane Society Fundraiser to be held on June 1, 2019 at 120 W 2nd St. South. All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. Recommendation: Staff recommends approval. Attachments: Memo Legal Notice City of Brookings Printed on 5/9/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:Bonnie Foster, Acting City Clerk Council Meeting:May 14, 2019 Subject:Temporary Alcohol Application Humane Society Fundraiser Person(s) Presenting: Bonnie Foster, Acting City Clerk Summary: The Brookings Regional Humane Society has applied for a Temporary Alcohol License for a Humane Society Fundraiser to be held on June 1, 2019 at 120 W 2nd St. South. Background: All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. SDCL 35-4-124.1 35-4-124.1. Donation of beverages to civic, charitable, educational, fraternal, or veterans organization holding special events license. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(5) may only sell wine that has been donated by members of the public to be sold at the special event. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(6) may only sell malt beverages that have been donated by members of the public to be sold at the special event. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(7) may only sell alcoholic beverages that have been donated by members of the public to be sold at the special event. The donor shall purchase any donated alcoholic beverage from a licensed South Dakota retailer. Source:SL 2015, ch 195, § 2, eff. Mar. 13, 2015; SL 2018, ch 213, § 107. Legal Consideration: None. Financial Consideration: Resolution 15-066, Resolution establishing the License Fees for the Issuance of Special Alcoholic Beverage Licenses in the City of Brookings. “Licenses issued to charitable, educational, fraternal, or veterans organizations are exempt from the fee.” Options: The City Council has the following options: 1. Approve as presented 2. Approve with recommended adjustments 3. Deny Recommendation: Staff recommends approval. Action Requested: Approval of the Temporary Alcohol License for the June 1, 2019 event. Supporting Documentation: 1. Legal Notice Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, May 14, 2019, in the Brookings City & County Government Center, 520 Third Street, to consider a Temporary Alcohol License Application from the Brookings Regional Humane Society, to operate within the City of Brookings, South Dakota, on Saturday, June 1, 2019, for a Poker Run Tail-Gating Event to be held at 120 W. 2nd Street South. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 3rd day of May, 2019. Bonnie Foster, Acting City Clerk Published time(s) at an approximate cost: $. 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 2019-0193,Version:1 Public Hearing and Action on a Temporary Alcohol Application from the Brookings Cubs Baseball Group for a temporary alcohol license to operate within the City of Brookings, South Dakota for the Brookings Cubs Baseball Games to be held on June 7, June 20, and June 27, 2019 at Bob Shelden Field, 530 Elm Avenue. Summary: Brookings Cubs Baseball Group has applied for a temporary alcohol license to operate within the City of Brookings, South Dakota for the Brookings Cubs Baseball Games to be held on June 7, June 20, and June 27, 2019 at Bob Shelden Field, 530 Elm Avenue. All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. Recommendation: Staff recommends approval. Attachments: Memo Legal Notice City of Brookings Printed on 5/9/2019Page 1 of 1 powered by Legistar™ City Council Agenda Memo From:Bonnie Foster, Acting City Clerk Council Meeting:May 14, 2019 Subject:Temporary Alcohol Application Brookings Cubs Baseball Group Person(s) Presenting: Bonnie Foster, Acting City Clerk Summary: The Brookings Cubs Baseball Group has applied for a Temporary Alcohol License for a Brookings Cubs Baseball Games to be held on June 7, June 20, and June 27, 2019 at Bob Shelden Field, 530 Elm Avenue. Background: All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. Legal Consideration: None. Financial Consideration: As per Resolution 15-066, a Resolution establishing the License Fees for the Issuance of Special Alcoholic Beverage Licenses in the City of Brookings, there will be a fee assessed at $50 per event date. Options: The City Council has the following options: 1. Approve as presented 2. Approve with recommended adjustments 3. Deny Recommendation: Staff recommends approval. Action Requested: Approval of the Temporary Alcohol Licenses. Supporting Documentation: 1. Legal Notice Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, May 14, 2019, in the Brookings City & County Government Center, 520 Third Street, to consider a Temporary Alcohol License Application from the Brookings Cubs Baseball Group, to operate within the City of Brookings, South Dakota, on June 7, June 20, and June 27, 2019 for Brookings Cubs Baseball Games to be held at Bob Shelden Field, 530A Elm Avenue. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 6th day of May, 2019. Bonnie Foster, Acting City Clerk Published time(s) at an approximate cost: $.