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Home My WebLink About2017_03_28 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 Vision Statement: "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, March 28, 2017 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 3.A. Action to approve the agenda. 3.B.ID 2017-0217 Action to approve the February 28 and March 14 City Council Minutes. 2/28/2017 Minutes 3/14/2017 Minutes Attachments: 3.C.RES 17-039 Action on Resolution 17-039, a Resolution declaring miscellaneous Airport furniture Surplus Property. ResolutionAttachments: Page 1 City of Brookings March 28, 2017City Council Meeting Agenda 3.D.RES 17-031 Action on Resolution 17-031, a Resolution authorizing the City Manager to sign a Wine Operating Agreement 5-year renewal for Cenex Zip Trip #64, CHS, Inc., owner, 3045 LeFevre Dr., legal description: Lot 6, N 225' of E30' Lot 7, LeFevre Addition. Resolution Operating Agreement Attachments: 3.E.RES 17-032 Action on Resolution 17-032, a Resolution authorizing the City Manager to sign a Liquor Operating Agreement 10-year renewal for Danny’s, David Olson, Inc., David Olson, owner, 703 Main Ave. So., legal description: Lot 3, Block 1, Sheldons Subdivision, a sublot of Outlot P, and the south 40' of the vacated street. Resolution Operating Agreement Attachments: 3.F.ID 2017-0218 Action authorizing the Mayor to sign a letter of support for a Multi-Jurisdictional Grant for a Pre-Disaster Mitigation Plan. Letter of SupportAttachments: 3.G.RES 17-043 Action on Resolution 17-043, a Resolution declaring 1998 Freightliner FL-60 Water Tender as Surplus Property. ResolutionAttachments: 3.H.RES 17-038 Action on Resolution 17-038, a Bridge Reinspection Program Resolution for use with SDDOT Retainer Contracts. ResolutionAttachments: 3.I.RES 17-037 Action on Resolution 17-037, a Resolution directing preparation of Assessment Roll, dividing Assessments into Installments, and providing for the Collection thereof for Sidewalk Assessment, Project 2016-01SWR (2016 Sidewalk Repairs). ResolutionAttachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.A. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 5.B.ID 2017-0219 Invitation to attend the Town Hall on Race and Marginalized Communities featuring Sybrina Fulton on Sunday, April 30th, by Dr. Laura Renee Chandler, Assistant Professor SDSU. Page 2 City of Brookings March 28, 2017City Council Meeting Agenda 5.C. SDSU Student Association Report. 6. Contracts/Change Orders: 6.A.RES 17-036 Action on Resolution 17-036, a Resolution authorizing the City Manager to sign documents for Brookings Regional Airport Project No. AIP #3-46-0005-028/029-2016/2017, Runway 17/35 Improvements. Resolution Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7. Ordinance First Readings: No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. 7.A.ORD 17-008 Introduction and First Reading on Ordinance 17-008, an Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to Section 94-396 Wireless Communication Facilities for the purpose of administration of the Zoning Ordinance. Public Hearing: April 25, 2017. Ordinance Ordinance-marked up Notice PC Minutes 3-14-2017 SDN Presentation SDN Small Cell Brochure Attachments: 8. Public Hearings and Second Readings: 8.A.Ord 17-007 Second Reading on Ordinance 17-007 an Ordinance authorizing Supplemental Appropriation #1 to the 2017 Budget. OrdinanceAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 8.B.RES 17-034 Public Hearing and Action on Resolution 17-034, a Resolution Levying Assessment for 2017 Assessment of the 2014-02STA, Main Avenue South and 26th Street South Reassessment. Resolution 17-034 Assessment Roll Resolution 05-14 - Resolution of Necessity Resolution 15-096 - Levying Assessment Christie Springs Map Christie Heights Map Attachments: Page 3 City of Brookings March 28, 2017City Council Meeting Agenda Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9. Other Business: 9.A.ID 2017-0180 Presentation of the City of Brookings Financial Report. March Council Report 2016Attachments: 9.B.ID 2017-0179 Action to authorize the Mayor to sign a Satisfaction of Mortgage executed by Area Development Corporation. Satisfaction of Mortgage - Area Dev. Corp Satisfaction of Mortgage - Area Dev. Corp #2 Ordinance 3-84 Ordinance 2-83 Outstanding Conduit Debt report dated 12/31/97 Brookings Lease Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.C.RES 17-035 Action on Resolution 17-035, a Resolution Concurring in the Placement of Stop Signs on 5th Street at its intersection with 13th Avenue. Resolution Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 10. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 11. Adjourn. Brookings City Council: Scott Munsterman, Mayor, Keith Corbett, Deputy Mayor & Council Member Council Members Patty Bacon, Dan Hansen, Mary Kidwiler, Ope Niemeyer, and Nick Wendell Council Staff: Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, 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. Please contact Shari Thornes, Brookings City Clerk, at (605)692-6281 or sthornes@cityofbrookings.org. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at (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 2017-0217,Version:1 Action to approve the February 28 and March 14 City Council Minutes. Attachments: 2/28/2017 Minutes 3/14/2017 Minutes City of Brookings Printed on 3/23/2017Page 1 of 1 powered by Legistar™ Brookings City Council February 28, 2017 (unapproved) The Brookings City Council held a meeting on Tuesday, February 28, 2017 at 6:00 p.m., at City Hall with the following City Council members present: Mayor Scott Munsterman, and Council Members Keith Corbett, Mary Kidwiler, Dan Hansen, Ope Niemeyer, Nick Wendell, and Patty Bacon. City Manager Jeffrey Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Consent Agenda. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, to approve the Consent Agenda. Friendly Amendment was made by Council Member Hansen to add to the agenda the appointment of Jennifer McLaughlin to the Sustainability Council (term expires 1/1/2019). The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. 3.B. Action to approve the February 14 City Council Minutes. 3.C. Action on Resolution 17-021, a Resolution designating Election Judges for the April 11, 2017 Combined Municipal / School Board Election. Resolution 17-021 - Appointment of Election Judges Whereas, a City of Brookings Municipal Election will be held on April 11, 2017 for the positions of one Mayor, two Council members and two School Board members; and Whereas, as required by SDCL 9-13-16.1, the City Council must appoint Election Superintendents and Deputies and set their rate of compensation; and Whereas, the following superintendents and deputies are hereby appointed at a rate of $12.50 per hour for superintendents, $12.00 per hour for deputies, and a flat fee of $25.00 for the April 10, 2017 Election School: RESOLUTION BOARD: David Peterson, Larry Hult, and Ken Ahartz as Alternate; VOTE CENTER 1 – Brookings Activity Center: Norma Linn, Superintendent, Kris Cooper, Carol Dusharm, Delores Canaday, and LaVonne Kurtz; VOTE CENTER 2 – Bethel Baptist Church: Sue Knutzen, Superintendent, Sharon Anderegg, Marilyn Foerster, Robert Bell, and Linda Thaden; VOTE CENTER 3 – Holy Life Tabernacle Church: Bobbe Bartley, Superintendent, Russell Lokken, Marilyn Heesch, Ellen Herrboldt, and Mary Peterson; VOTE CENTER 4 – Ruth Anderson, Superintendent, Gloria Pike, Ron Thaden; ABSENTEE VOTE CENTER – Larry Hult, Superintendent, Ken Ahartz, Ray Dorn; ALTERNATES – Linda Schamp, Bev Carlson, and Janet Seeley. 3.D. Action on Resolution 17-023, a Resolution declaring 2004 Dodge Durango as Surplus Property. Resolution 17-023 - Declaring Surplus Property: 2004 Dodge Durango Whereas, the City of Brookings is the owner of a 2004 Dodge Durango; and 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. 3.E. Action on Resolution 17-026, a Resolution Concurring in the Placement of Stop Signs on 13th Avenue, at its intersection with 4th Street. Resolution 17-026 - Concurring in the Placement of Stop Signs on 13 th Avenue, at its Intersection with 4th Street Whereas, Section 82-373 of the Revised Ordinance of the City of Brookings, provides for approval by the City Council for placement of stop signs in locations other than along through streets. Now, Therefore, Be It Resolved that the City Council concurs in the recommendation of the Traffic Safety Committee and the City Manager and approves the placement of 2- way stop signs on 13 th Avenue at its intersection with 4th Street. 3.F. Action on Resolution 17-028, a Resolution to Purchase off another Governmental Agency Bid: 2017 Tandem Axle Truck and Stainless Steel Dump Body. Resolution 17-028 - Action to Purchase off another Governmental Agency Bid The City of Brookings Street Department requests action to purchase a new Tandem Axle Truck off of the City of Sioux Falls, SD bid, as well as a stainless steel dump body off the Clay County bid. The City of Sioux Falls Contract #15-0020 for a tandem axle truck bid was awarded in 2015 to I-State for $106,479.00. In December of 2016 the City of Sioux Falls exercised an option to extend Contract #15-0020 with a 3 percent price escalation for the 2017 calendar year. This brings the 2017 purchase price to $109,673.00 for the Brookings Street Department. Clay County Highway Department awarded Sanitation Products a contract for a stainless steel dump body, with options, in May 2016 to a total price of $73,824.00. The City of Brookings Street Department’s 2017 pricing, with options, is for a total of $62,356.00. This tandem axle truck and stainless steel dump body will replace a 1997 GMC tandem axle truck and dump body. 3.G. Action on Resolution 17-029, a Resolution declaring items as surplus property. Resolution 17-029 - Resolution declaring items as surplus property; Miscellaneous Electronic Equipment Whereas, SDCL 6-13-1 requires a municipality owning personal property which is no longer necessary, useful, or suitable for municipal purposes shall, by resolution declare it surplus and may, by resolution, order the sale, trade, destruction or other disposal of said personal property. Now, Therefore, Be It Resolved that the following personal property be declared no longer necessary, useful, or suitable for municipal purposes and said property shall be disposed of in accordance with SDCL 6-13-1. Surplus Property to be sold or destroyed (recycled): To be taken to Electronic Drop-Off Recycling Facility at City Landfill for Recycling: City IT: Computer Monitors: AOC LM929 LCD Monitor #2704AJA000453 (bad); Gateway 2100 #MWV6950N08574 (bad); HP Pavilion F1703 #CNCHL0D904 (bad); AOC LM729 #17159HA012012 (bad); Laptops: Panasonic TB Elite CF-Y4 #6DKSA39519R (bad), #6DKSA39520R (bad), #6DKSA39507R (bad); Compaq Armada E500 #1J02CZQ4A25P (bad); HP Elitebook 8730w #CNU8361086 (bad), #CNU8361086 (bad); Printers: HP Laserjet 5100dtn #CNGN124304 (bad); Sharp Laser Copier #3501418Y (bad); HP Color LaserJet CP 2025 # CNB5204575 (bad); HP Color LaserJet 2600n #CNDC5CX032 (bad); Xerox Phaser 6180 #DPX354912 (bad); Xerox Phaser 6180 #DPX354902 (bad); Lexmark E350d #622BM4Z (bad); HP Deskjet F4480 #CN97EBQ253 (bad); PCs: HP Compaq dc7800p #MXL7470P73 (bad); Dell Dimension 3000 #4L67Q71 (bad); Gateway 5310 #003567828 (bad); HP Compaq dc7800p #MXL7470P73 (bad); Scanner: HP 4370 FCLSD-0511 #CN83MA5003 (bad). City Library: Monitors: Gateway 20 Inch Flatscreen TFT1980PST #MW869 B0H 02989 (does not work); Gateway 15 Inch Flatscreen FPD1530 #MUL5021C0047344 (does not work); Viewsonic 17 inch Flatscreen VA7023 #PSX062563938 (does not work); Magitronic 15 inch CRT #5031054 (obsolete); Dell 15 Inch CRT #CN090151-64180- 517-01WT (obsolete); Gateway CRT CPD-VX900T #8039998 (obsolete); PCs: Lenovo 7269 (L4) #1S7269D5UMJDNL34 (does not work); iMac MA590LL/A w/ keyboard #W8646AESVUX (obsolete); iMac MA710LL/A w/ keyboard #QP65005LWH5 (obsolete); iMac MA710LL/A w/ keyboard #QP6500F1Wh5 (obsolete); iMac MA710LL/A w/ keyboard #QP6500NYWH5 (obsolete); HP DX5150 (HP25) #2UA6231C7T (does not work – hard drive removed); Server: Gateway Server 930 Series #27034473 (obsolete): Keyboards: HP #BAUHP0MVB2EF9A (does not work); Gateway SK-9921 #A649390 (does not work), #AE622477 (obsolete), #H865813 (obsolete), #H865581 (obsolete), #H874030 (obsolete), #A649391 (obsolete), #G395142 (obsolete), #H949828 (obsolete); Dell RT7D5JTW # TH-0463CD-37171-06U-6306 (obsolete); Keyboard KB- 6923 #7HO1200145 (obsolete), #7H01200147 (obsolete), #7H11600410 (obsolete); Dell RT7D5JTW # TH-0463CD-97171-18K-1348 (obsolete); TigerSystems KB-6923 #7H11600841 (obsolete); Dell SK-8000 #035KKW (obsolete); Gateway G9900 # B365564 (obsolete); HP KB-9970 #2A25800567B (obsolete); Mouse: Gateway Ball Mouse #7002409 (obsolete); Speakers: SoundBlaster Speakers #SBS30 (obsolete). To be listed on www.publicsurplus.com: City IT: PCs: CAM #82788; Dell Optiplex 755 #JV2SGF1; HP Compaq dc5000MT #2UB50602G4; HP Compaq dc5100mt #2UA63016ZF; HP Compaq dc5750 #2UA74012HL; HP Compaq dc5800 Microtower # MXM82304FD; HP Compaq dx7500 #MXL90819G3; HP dc5000 Microtower #USW43409FV; HP dc5100 Microtower #2UA63016ZG; HP dc5100 Microtower #2UB55007S3; HP dc5750 #MXM8150254; HP DX2200MP #2UA65202JK; HP XW4600 #2UA90711BY; Server: HP Proliant ML 310 G4 #MX20737002; 5-Port Switch: Linksys 5-Port 10/100 switch #REF10F1004461; Fire Walls: Sonic Wall TZ170 #0006B10A634C, #0006B122AC08, #0006B1258CF8; Sonic Wall TZ180 #0006B12956F4, #0017C5294E6C. Public Library: Monitors: NEC 20 Inch Flatscreen Multisync 195NXM #7Y00499NA (works – missing power button); Gateway 15 Inch Flatscreen FPD 1520 #MUL5016A0002636; PCs: Gateway E-4500D (G57) #36868786; Gateway E4610D (G65) #3642779; Gateway E4610D (G69) #40277129; Printer: Brother DCP 8080DN #U62269H9J17858 (works – but finicky). Resolution 17-024. A motion was made by Council Member Kidwiler, seconded by Council Member Wendell, that Resolution 17-024, a Resolution Awarding Bids on 2017- 07STI, Asphalt Concrete Freight on Board Project, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Resolution 17-024 - Resolution Awarding Bids on Project 2017-07STI Asphalt Concrete Freight On Board Project Whereas, the City of Brookings opened bids for Project 2017-07STI Asphalt Concrete Freight On Board Project on Tuesday, February 21, 2017 at 1:30 pm at the Brookings City and County Government Center; and Whereas, the City of Brookings has received the following bid for Project 2017-07STI Asphalt Concrete Freight on Board Project: Bowes Construction Co., Inc.: $69,890.00. Now Therefore, Be It Resolved, that the total low bid of $69,890.00 for Bowes Construction Co., Inc., Brookings, SD be accepted. Resolution 17-025. A motion was made by Council Member Corbett, seconded by Council Member Kidwiler, that Resolution 17-025, a Resolution Awarding Bids on 2017- 06STI, Chip Seal Project, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Resolution 17-025 - Resolution Awarding Bids on Project 2017-06STI Chip Seal Project Whereas, the City of Brookings opened bids for Project 2017-06STI Chip Seal Project on Tuesday, February 21, 2017 at 1:30 pm at the Brookings City and County Government Center; and Whereas, the City of Brookings has received the following bids for Project 2017-06STI Chip Seal Project: Topkote, Inc. - $253,890.00; Bituminous Paving, Inc. - $281,460.00 and The Road Guy Construction Co., Inc. - $295,500.00. Now, Therefore, Be It Resolved, that the low bid of $253,890.00 for Topkote, Inc. be accepted. Add-Alternate for Fire Station Project Heating System. No action was taken. Introduction of Officer Seth Bonnema and K-9 Officer Gina. Police Chief Jeff Miller introduced Officer Seth Bonnema and K-9 Officer Gina, the newest member of the Brookings Police Dept. to the City Council and public. FIRST READING - Ordinance 17-007. An Introduction and First Reading was held on Ordinance 17-007 an Ordinance authorizing Supplemental Appropriation #1 to the 2017 Budget. Second Reading: March 28, 2017. On-Off Sale Malt Beverage License. A Public Hearing was held on an On-Off Sale Malt Beverage Alcohol License for Mad Jacks LTD, dba Mama Mia, Dennis Bielfeldt, owner, 1300 Main Ave. So., Brookings, South Dakota, legal description: Lot 1 excluding S 92' of W 40', Block 3, Fishback Second Addition. A motion was made by Council Member Corbett, seconded by Council Member Bacon, that the license be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Resolution 17-030. A Public Hearing was held on Resolution 17-030, a Resolution authorizing the City Manager to sign an On-Off Sale Wine Operating Agreement for Mad Jacks Ltd, dba Mama Mia, Dennis Bielfeldt, owner, 1300 Main Ave. So., Brookings, SD, legal description: Lot 1 excluding S 92' of W 40', Block 3, Fishback Second Addition. A motion was made by Council Member Wendell, seconded by Council Member Corbett, that Resolution 17-030 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Resolution 17-030 - Mad Jacks LTD, dba Mama Mia – Wine Operating Agreement Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement for Wine between the City of Brookings and Dennis Bielfeldt, owner, Mad Jacks LTD, dba Mama Mia, for the purpose of a liquor manager to operate the On-Sale Establishment or business for and on behalf of the City of Brookings at 1300 Main Ave. So. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years, with a renewal for another five (5) years. Temporary Alcohol License. A public hearing was held on a Temporary Liquor Application for the Brookings Police Foundation Pig Roast, to be held at the National Guard Armory (300 5 th St. So.) on April 9, 2017. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that the license be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Resolution 17-027. A Public Hearing was held on Resolution 17-027, a Resolution of Intent to Lease Real Property to Bowes Construction, Inc. A motion was made by Council Member Corbett, seconded by Council Member Hansen, that Resolution 17-027 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Resolution 17-027 - Resolution of Intent to Lease Real Property to Bowes Construction, Inc. Be It Resolved by the governing body of the City of Brookings, South Dakota that the City of Brookings intends to enter into a lease agreement with Bowes Construction, Inc., for a period not to exceed twenty-one (21) months and pertaining to the following described property: South 300’ of Block 9, Wiese Addition – 3031 6 th Street. Be It Further Noted, that a Public Hearing on this Resolution was held on February 28, 2017 at 6:00 o’clock P.M. at the Brookings City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Ordinance 17-006. A Second Reading was held on Ordinance 17-006, an Ordinance amending Article II of Chapter 22 of the Code of Ordinances of the City of Brookings and Pertaining to the 2015 International Residential Code with Certain Amendments on Frost Protection. A motion was made by Council Member Kidwiler, seconded by Council Member Wendell, that Ordinance 17-006 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Ordinance 17-002.A Public Hearing was held on Ordinance 17-002, an Ordinance rezoning the North 405 feet of the South 670 feet in the SW ¼ SW ¼ excluding the platted areas of Section 36-T110-R50W and Lot 100, Windermere Pointe Addition, excluding the south 225 feet, from a Business B-2 District and a Business B-2A Office District to a Residence R-3 Apartment District (location: North of 20th Street South and west of Windermere Addition). A motion was made by Council Member Niemeyer, seconded by Council Member Corbett, that Ordinance 17-002 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Ordinance 17-005. A Public Hearing was held on Ordinance 17-005, an Ordinance amending the Zoning Ordinance of the City of Brookings to include wholesale trade with storage yard as a Conditional Use in the Business B-3 District of the Zoning Ordinance. A motion was made by Council Member Wendell, seconded by Council Member Hansen, that Ordinance 17-005 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Ordinance 17-003. A Public Hearing was held on Ordinance 17-003, an Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to accessory building location for the purposes of administration of the Zoning Ordinance. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that Ordinance 17-003 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Ordinance 17-004. A Public Hearing was held on Ordinance 17-004, an Ordinance amending the Subdivision Regulations of the City of Brookings and pertaining to secondary access for residential subdivisions for purposes of administration of the Subdivision Ordinance. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Ordinance 17-004 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Bicycle Master Plan. A motion was made by Council Member Wendell, seconded by Council Member Hansen, to approve the Bicycle Master Plan for the City of Brookings. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Resolution 17-022. A motion was made by Council Member Niemeyer, seconded by Council Member Corbett, that Resolution 17-022, a Resolution Reaffirming Brookings Values of Inclusion, Respect, Tolerance, Equality, and Justice, and the City’s Commitment Toward Action to Reinforce These Values, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Munsterman. Resolution 17-022 - A Resolution Reaffirming Brookings Values of Inclusion, Respect, Tolerance, Equality and Justice, and the City’s Commitment Toward Action to Reinforce These Values Whereas, accounts of incidents of hate targeted at Muslim, Sikh, Arab, Jewish, Latino, African-American, Asian, Native-American, female, people with disabilities, immigrant, refugee, lesbian, gay, bisexual, transgender, queer, and other high risk community members have been reported to police, on social media, and to advocacy organizations across the nation; and Whereas, many in our community are hurting and fearful as a result of the rise of a rhetoric of exclusion and vilification; and Whereas, the City of Brookings draws strength from the diversity of its residents’ age; ethnicity; gender; gender identity; language; nationality; physical, mental, and developmental abilities; race; religion; sexual orientation; skin color; socio-economic status; political ideology; and perspective; and Whereas, the City of Brookings has a Human Rights Commission whose mission is to improve human relations in the Brookings area by fighting discrimination through education and a complaint resolution procedure; and Whereas, the City of Brookings supports the elimination of violence and harassment against women and other high risk minorities and is committed to providing direct services, education, culturally competent policing practices, family law, and governance for the prevention of crimes against women and other high risk minorities; and Whereas, the City of Brookings supports the peaceful exercise of free speech and assembly for all people, Now, Therefore, Be It Resolved by the City of Brookings that: Section 1. The City of Brookings will continue to be an inclusive city that treats everyone with dignity and respect, and affirms and celebrates its mosaic of diverse residents and visitors. Section 2. The City of Brookings reaffirms its commitment to uphold justice, provide equality of opportunity for all, actively encourage all voices to be heard, promote inclusion, and oppose acts of intolerance or discrimination. Section 3. The City of Brookings will implement measures to facilitate reporting, tracking, and responding to hate and bias-motivated activities in Brookings. Adjourn. A motion was made by Council Member Corbett, seconded by Council Member Bacon, to adjourn the meeting at 8:09 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS Scott Munsterman, Mayor ATTEST: Shari Thornes, City Clerk Brookings City Council March 14, 2017 (unapproved) The Brookings City Council held a special Joint Meeting with the Planning Commission on Tuesday, March 14, 2017 at 6:00 p.m., at City Hall with the following City Council members present: Mayor Scott Munsterman, and Council Members Keith Corbett, Mary Kidwiler, Dan Hansen, Ope Niemeyer, Nick Wendell, and Patty Bacon. City Manager Jeffrey Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Review of the City of Brookings Comprehensive Master Plan process and schedule by RDG Planning & Design. Amy Haase, Project Manager, and Nick Klimek, Project Planner, from RDG Planning & Design provided an overview of the Comprehensive Master Plan process and schedule. Adjourn. A motion was made by Council Member Corbett, seconded by Council Member Hansen, to adjourn the meeting at 6:37 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS Scott Munsterman, Mayor ATTEST: Shari Thornes, 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 17-039,Version:1 Action on Resolution 17-039, a Resolution declaring miscellaneous Airport furniture Surplus Property. Summary: This resolution will surplus miscellaneous furniture formerly used at the Brookings Regional Airport Terminal building. Background: The City staff recently cleaned the Airport Terminal building and found numerous items that are not needed by the City and may be declared surplus. The items are: one wooden desk, chairs, two wooden cabinets, one metal cabinet and two electronic signage boards. Staff plans to dispose of the items. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 3/23/2017Page 1 of 1 powered by Legistar™ Resolution 17-039 Declaring Surplus Property – Miscellaneous Airport Furniture Whereas, the City of Brookings is the owner of the following described items formerly used at the Brookings Regional Airport: Wooden desk, chairs, two wooden cabinets, metal cabinet and two electronic signage boards Whereas, in the best financial interest, it is the desire of the City of Brookings to sell or dispose same as surplus property; and Whereas, the City Manager hereby authorized to sell or dispose of said surplus property; Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota, that this property be declared surplus property according to SDCL Chapter 6-13. Passed and approved this 28th day of March, 2017. CITY OF BROOKINGS ____________________________ Scott Munsterman, Mayor ATTEST: _________________________ Shari Thornes, 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 17-031,Version:1 Action on Resolution 17-031, a Resolution authorizing the City Manager to sign a Wine Operating Agreement 5-year renewal for Cenex Zip Trip #64, CHS, Inc., owner, 3045 LeFevre Dr., legal description: Lot 6, N 225' of E30' Lot 7, LeFevre Addition. Summary: The City of Brookings enters into Wine Operating Agreements for 10-year increments. The Operating Agreement for Cenex Zip Trip #64, located at 3045 LeFevre Dr., is at the 5-year renewal point. This Resolution would allow the City Manager to enter into the remaining 5-years of the 10- year agreement. Recommendation: Staff recommends approval. Attachments: Resolution Operating Agreement City of Brookings Printed on 3/23/2017Page 1 of 1 powered by Legistar™ Resolution 17-031 Cenex Zip Trip #64, CHS, Inc. Wine Operating Agreement Renewal Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the Operating Liquor Management Agreement between the City of Brookings and Cenex Zip Trip #64, CHS, Inc., owner, for the purpose of a liquor manager to operate the On-Sale Establishment or business for and on behalf of the City of Brookings at 3045 LeFevre Dr. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for the remaining 5-years of the 10-year agreement. Passed and approved this 28th day of March, 2017. CITY OF BROOKINGS Scott Munsterman, Mayor ATTEST: Shari Thornes, City Clerk WINE OPERATING AGREEMENT Cenex Zip Trip #64, CHS, Inc. THIS AGREEMENT made and entered into by and between the CITY OF BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and Cenex Zip Trip #64, CHS, Inc., owner,hereinafter referred to as “Manager.” WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on-sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: I. This Agreement is made and entered into on a limited basis between the parties hereto to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement in accordance with all State laws and City Ordinances now in effect and as may be enacted in the future. II. The Manager shall be individually responsible for all operating expenses of said on-sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. III. The on-sale establishment shall be located upon real estate in the City of Brookings, South Dakota, described as: Lot 6, N 225' of E30' Lot 7, LeFevre Addition. IV. The Manager shall dispense only alcoholic beverages supplied by the Municipal Off- Sale establishment. V. This Agreement shall be in full force and effect for the remaining five (5) years of the ten (10) year agreement, subject to the approval of the governing body of the City of Brookings. VI. Either the Manager or the City may terminate this Agreement without cause upon ninety (90) days written notice served by either party upon the other. The City reserves the right to immediately suspend or revoke this Agreement without ninety (90) days written notice for alcohol related violations in accordance with the provisions of Resolution No. 25-88 or any amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal Off-Sale Establishment to be sold on the premises of Manager. VII. The Manager shall receive as full compensation for its services rendered, the net profit from the on-sale establishment under its management, and the sole profit to be derived by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the Manager for the purposes of resale on the premises as above described. VIII. The Manager shall pay to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supercede the markup percentages provided herein. The Manager further agrees that if either of the markup percentages shall be increased at any time by the City, the Manager shall pay the markup as so increased. IX. A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoice shall bear the signature of the authorized representative of the on-sale Manager or its authorized representative. One copy thereof shall be retained by the Municipal off-sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. X. In consideration of the covenants herein contained, the Manager agrees to pay the CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00), constituting the Annual License Fee on or by the 1st day of November of each year thereafter as long as this agreement shall remain in force and effect. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided therein. The Manager further agrees that if the annual fee shall be increased at any time by the legislature, the Manager shall pay the amount of any such increase. XI. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. XII. The Manager shall have the right to return, at any time, alcoholic beverages received from the City and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the of such alcoholic beverages. XIII. The Manager agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. XIV. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and the Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including taxes. XV. The Manager agrees to observe all Federal and State laws and ordinances of the City of Brookings. XVI. The City covenants and agrees to furnish the on-sale license to Manager pursuant to the terms and conditions of this Operating Agreement and the terms and conditions of the on-sale license. XVII. The City has the right to make inspections and investigations of the premises during the hours of operation, and make audits and examinations of the records of the Manager relating to the on-sale establishment. XVIII. It is further specifically understood and agreed that the waiver of the rights of the City under this Agreement shall not constitute a continuous waiver, and any violation or breach of the terms of this Agreement by the Manager shall constitute a separate and distinct offense and grounds for immediate termination and revocation of this Agreement. XIX. This agreement shall not be assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is effective this 28th day of March, 2017. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST:Jeffrey W. Weldon, City Manager Shari Thornes, City Clerk MANAGER By: By: 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 17-032,Version:1 Action on Resolution 17-032, a Resolution authorizing the City Manager to sign a Liquor Operating Agreement 10-year renewal for Danny’s, David Olson, Inc., David Olson, owner, 703 Main Ave. So., legal description: Lot 3, Block 1, Sheldons Subdivision, a sublot of Outlot P, and the south 40' of the vacated street. Summary: The City of Brookings enters into Liquor Operating Agreements for 10-year increments. This Resolution would allow the City Manager to enter into a 10-year agreement with a mid-term renewal held in five (5) years. Recommendation: Staff recommends approval. Attachments: Resolution Operating Agreement City of Brookings Printed on 3/23/2017Page 1 of 1 powered by Legistar™ Resolution 17-032 David Olson, Inc., dba Danny’s – Liquor Operating Agreement Renewal Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the Operating Liquor Management Agreement between the City of Brookings and David Olson, Inc., dba Danny’s, David Olson, owner, for the purpose of a liquor manager to operate the On-Sale Establishment or business for and on behalf of the City of Brookings at 703 Main Ave. So. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of 10 years, with a renewal in five (5) years. Passed and approved this 28th day of March, 2017. CITY OF BROOKINGS Scott Munsterman, Mayor ATTEST: Shari Thornes, City Clerk LIQUOR OPERATING AGREEMENT David Olson, Inc., dba Danny’s THIS AGREEMENT made and entered into by and between the CITY OF BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and David Olson Inc., dba Danny’s, Jesse Lee, owner,hereinafter referred to as “Manager.” WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on-sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: I. This Agreement is made and entered into on a limited basis between the parties hereto to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement in accordance with all State laws and City Ordinances now in effect and as may be enacted in the future. II. The Manager shall be individually responsible for all operating expenses of said on-sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. III. The on-sale establishment shall be located upon real estate in the City of Brookings, South Dakota, described as: Lot 3, Block 1, Sheldons Subdivision, a sublot of Outlot P, and the south 40' of the vacated street. IV. The Manager shall dispense only alcoholic beverages supplied by the Municipal Off- Sale establishment. V. This Agreement shall be in full force and effect for a period of five (5) years, with the Manager having the option and privilege of a five (5) year extension, subject to the approval of the governing body of the City of Brookings. VI. Either the Manager or the City may terminate this Agreement without cause upon ninety (90) days written notice served by either party upon the other. The City reserves the right to immediately suspend or revoke this Agreement without ninety (90) days written notice for alcohol related violations in accordance with the provisions of Resolution No. 25-88 or any amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal Off-Sale Establishment to be sold on the premises of Manager. VII. The Manager shall receive as full compensation for its services rendered, the net profit from the on-sale establishment under its management, and the sole profit to be derived by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the Manager for the purposes of resale on the premises as above described. VIII. The Manager shall pay to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supercede the markup percentages provided herein. The Manager further agrees that if either of the markup percentages shall be increased at any time by the City, the Manager shall pay the markup as so increased. IX. A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoice shall bear the signature of the authorized representative of the on-sale Manager or its authorized representative. One copy thereof shall be retained by the Municipal off-sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. X. In consideration of the covenants herein contained, the Manager agrees to pay the CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00), constituting the Annual License Fee on or by the 1st day of November of each year thereafter as long as this agreement shall remain in force and effect. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided therein. The Manager further agrees that if the annual fee shall be increased at any time by the legislature, the Manager shall pay the amount of any such increase. XI. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. XII. The Manager shall have the right to return, at any time, alcoholic beverages received from the City and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the of such alcoholic beverages. XIII. The Manager agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. XIV. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and the Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including taxes. XV. The Manager agrees to observe all Federal and State laws and ordinances of the City of Brookings. XVI. The City covenants and agrees to furnish the on-sale license to Manager pursuant to the terms and conditions of this Operating Agreement and the terms and conditions of the on-sale license. XVII. The City has the right to make inspections and investigations of the premises during the hours of operation, and make audits and examinations of the records of the Manager relating to the on-sale establishment. XVIII. It is further specifically understood and agreed that the waiver of the rights of the City under this Agreement shall not constitute a continuous waiver, and any violation or breach of the terms of this Agreement by the Manager shall constitute a separate and distinct offense and grounds for immediate termination and revocation of this Agreement. XIX. This agreement shall not be assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is effective this 28th day of March, 2017. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST:Jeffrey W. Weldon, City Manager Shari Thornes, City Clerk MANAGER By: By: 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 2017-0218,Version:1 Action authorizing the Mayor to sign a letter of support for a Multi-Jurisdictional Grant for a Pre- Disaster Mitigation Plan. Summary: This will authorize the Mayor to sign a letter of support for a Multi-Jurisdictional Grant for a Pre- Disaster Mitigation Plan update. The Brookings County Board of Commissioners is applying for a grant from the State of South Dakota, Office of Emergency Management and the Federal Emergency Management Agency, FEMA. This grant is to assist in the cost of updating and revising the Brookings County Pre-Disaster Mitigation Plan, 2014. It is required that every jurisdiction that wishes to qualify for federal disaster mitigation grant funds have a FEMA approved plan. The plan must be revised and re-approved every five (5) years. Brookings County has taken a multi-jurisdictional approach to this planning requirement. Brookings County will oversee the preparation of the mitigation plan revisions with the cooperation and participation of the communities. Each city or town that wishes to be eligible for federal mitigation grant funds must agree to participate in the planning process and ultimately adopt the revised plan through official resolution. Recommendation: Staff recommends approval. Attachments: Letter of Support City of Brookings Printed on 3/23/2017Page 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 17-043,Version:1 Action on Resolution 17-043, a Resolution declaring 1998 Freightliner FL-60 Water Tender as Surplus Property. Summary: This resolution will surplus the 1998 Freightliner FL-60 Water Tender VIN #1FV6GFAC2WH916257 used by Firefighters in the Brookings Fire Department. Background: The FL-60 Freightliner was purchased as a plain chassis in 2004. The Brookings Fire Department turned the chassis into a water tender, reusing the water tank from the previous tender. The Brookings Fire Department utilized the vehicle to transport a 2000 gallon water supply to rural areas where there is none. The Freightliner has been replaced with a newly refurbished 2012 Kenworth 3000 gallon Water Tender which was purchased with Township and County funds. Fiscal Impact: The proceeds from the sale of the 1998 Freightliner will be deposited into the General Fund. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 3/23/2017Page 1 of 1 powered by Legistar™ Resolution 17-043 Declaring Surplus Property: 1998 Freightliner FL60 Water Tender Whereas, the City of Brookings is the owner of a 1998 Freightliner FL60 Water Tender; and 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 28th day of March, 2017. CITY OF BROOKINGS Scott Munsterman, Mayor ATTEST: Shari Thornes, 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 17-038,Version:1 Action on Resolution 17-038, a Bridge Reinspection Program Resolution for use with SDDOT Retainer Contracts. Summary: This resolution will authorize the City to retain Civil Design Inc. for the City of Brookings Bridge Reinspection Program for 2017. Background: The South Dakota Department of Transportation manages the Bridge Inspection Program as part of the National Bridge Inspection Standards (NBIS) Program. All bridges and box culverts in the program are required to be inspected at intervals not to exceed two years, with the exception of reinforced concrete box culverts that meet specific criteria. The City of Brookings has three bridges and one box culvert in the program which are scheduled for inspection in 2017. The City follows the NBIS standards so Federal Bridge Replacement Funds can be utilized to hire consultants for the inspections. The SDDOT will secure the federal approvals and make the payments to Civil Design Inc. for the inspection services. The SDDOT also provides for 80% funding for the inspection and the City provides the 20% match, which will be paid out of the Drainage Fund. The average cost of the inspection is approximately $5,000, with the City match being approximately $1,000. The City is recommending Civil Design Inc. as the consultant for this project. This resolution will authorize the SDDOT to enter into a contract with Civil Design Inc. for the 2017 bridge inspection program for Brookings. Fiscal Impact: The City will be responsible for 20% of the inspection cost. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 3/23/2017Page 1 of 1 powered by Legistar™ Resolution 17-038 Bridge Re-Inspection 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 re-inspection at intervals not to exceed two years with the exception of reinforced concrete box culverts that meet specific criteria. These culverts are re-inspected 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. 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. Dated this 28th day of March, 2017, at Brookings, South Dakota. CITY OF BROOKINGS _________________________ Scott Munsterman, Mayor ATTEST: ____________________________ Shari Thornes, 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 17-037,Version:1 Action on Resolution 17-037, a Resolution directing preparation of Assessment Roll, dividing Assessments into Installments, and providing for the Collection thereof for Sidewalk Assessment, Project 2016-01SWR (2016 Sidewalk Repairs). Summary: This resolution will authorize the City to prepare the Assessment Roll for 2016-01SWR, 2016 Sidewalk Repairs. Background: This project was the annual concrete project and entailed construction of miscellaneous concrete work, including curb and gutter repair, fillets, valley gutters, curb ramps, and sidewalk along City property. This project also includes homeowner trip hazards that weren’t repaired in the 2015 sidewalk area, which is east of Medary Avenue South and south of Orchard Drive, and the 2016 sidewalk area, which is east of Medary Avenue South and between 6th Street and Orchard Drive. Resolution 16-045 was adopted on June 14, 2016 and authorized the Sidewalk Assessment Project for the trip hazard sidewalks. The assessment cost for each property owner is calculated by using their specific sidewalk cost plus a 6% fee for engineering and administration. This resolution directs the preparation of the Assessment Roll for the sidewalk repairs in the 2016-01SWR Project. There will be two upcoming resolutions; one to set the hearing date and one to levy the sidewalk assessment. Fiscal Impact: The City will collect the assessment costs for the sidewalk repairs. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 3/23/2017Page 1 of 1 powered by Legistar™ Resolution 17-037 Resolution Directing Preparation of Assessment Roll, Dividing Assessments into Installments, and providing for the Collection thereof for Sidewalk Assessment, Project 2016-01SWR (2016 Sidewalk Repairs) Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. More than twenty days have elapsed since the adoption and publication of Resolution 16-045, Resolution Determining the Necessity of Repairing or Installing Sidewalks for Sidewalk Assessment Project No. 2016-01SWR. The referendum has not been invoked, and no written protests against the making of said improvement have been filed with the City Manager. 2. A contract for Sidewalk Assessment Project No. 2016-01SWR has been duly executed, and the City Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43, SDCL 1967, as amended. 3. The City Engineer has caused an estimate of the expense of the work to be made and filed in City Hall showing the total cost of said improvement as follows: Contract price $238,708.98 Engineering, inspection, fiscal, legal expense, publication $2,331.97 Total Expense $241,040.95 4. The total cost of said improvement shall be paid as follows: City Repair Costs $200,494.89 Assessable costs $40,546.06 5. There shall be made and filed in the office of the City Clerk an assessment roll for said improvement. The assessments shall be on the basis of benefits upon each lot or tract of land contiguous to the sidewalk constituting said improvement. 6. The assessment shall be divided into five (5) equal annual installments for all amounts over $300.00. For amounts of $300.00 or less, the entire assessment shall be due. 7. Unless paid to the City in advance of maturity, the assessments shall be collected by the City Manager in accordance with the procedure for Plan One in Chapter 9-43, SDCL 1967, as amended. 8. The interest rate to be borne by the unpaid installments of the special assessment is ten percent (10%). Passed and approved this 28th day of March, 2017. CITY OF BROOKINGS _______________________________ ATTEST:Scott Munsterman, Mayor Shari Thornes, 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 2017-0219,Version:1 Invitation to attend the Town Hall on Race and Marginalized Communities featuring Sybrina Fulton on Sunday, April 30th, by Dr. Laura Renee Chandler, Assistant Professor SDSU. City of Brookings Printed on 3/23/2017Page 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 17-036,Version:1 Action on Resolution 17-036, a Resolution authorizing the City Manager to sign documents for Brookings Regional Airport Project No. AIP #3-46-0005-028/029-2016/2017, Runway 17/35 Improvements. Summary: This resolution will authorize the City Manager to sign documents for Brookings Regional Airport Project No. AIP #3-46-0005-028/029-2016/2017, Runway 17/35 Improvements. Background: The Brookings Regional Airport has applied for FAA grant funding for the reconstruction of the south end of Runway 17/35. The portion of Runway 17/35, north of Runway 12/30 (approximately 1,900 feet) was constructed as part of the Phase I and II of the Brookings Runway Realignment Project which has been completed. The south 1,700 feet of Runway 17/35 is still in need of reconstruction and has been designed by Helms Associates. The total project cost for the construction of Runway 17/35 is estimated to be $1,260,000. It is anticipated that the City will receive a grant for this project, which will be funded by 90% federal funds, 5% state funds, and 5% City funds. This resolution will authorize the City Manager to sign the Grant Application, Grant Offer, Grant Agreement, and other related documents for AIP #3-46-0005- 028/029-2016/2017. Fiscal Impact: The City’s estimated share of the grant offer is approximately $63,000. Recommendation: Staff recommends approval. Attachments: Resolution Map City of Brookings Printed on 3/23/2017Page 1 of 1 powered by Legistar™ Resolution 17-036 A Resolution authorizing the City Manager to Sign Documents for Brookings Regional Airport Project No. AIP #3-46-0005-028/029-2016/2017, Runway 17/35 Improvements Whereas, the Brookings City Council desires Federal Aviation Administration and South Dakota Department of Transportation assistance with the Brookings Regional Airport Project AIP #3-46-0005-028/029-2016/2017; and Whereas, the City of Brookings desires construction of Runway 17/35 including base course, surfacing, underdrain, milling and pavement markings. Now Therefore, Be It Resolved that the City Manager of the City of Brookings is authorized to sign the Grant Application, Grant Offer, Grant Agreement and other related documents for Runway 17/35, Brookings Regional Airport Project AIP #3-46- 0005-028/029-2016/2017. Dated this 28th day of March, 2017. CITY OF BROOKINGS _________________________ Scott Munsterman, Mayor ATTEST: ____________________________ Shari Thornes, 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 17-008,Version:1 Introduction and First Reading on Ordinance 17-008, an Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to Section 94-396 Wireless Communication Facilities for the purpose of administration of the Zoning Ordinance. Public Hearing: April 25, 2017. Summary: The City of Brookings is proposing an amendment to the Zoning Ordinance primarily to include definitions and regulations for Distributed Antenna Systems (DAS) and Small Cell Facilities. Background: The current ordinance pertaining to wireless communication facilities was most recently revised in 2005. Due to new technology and changes within the industry an amendment is necessary. The ordinance amendment allows for smaller wireless facilities, such as those needed for cell phone service. New telecommunication facility poles may be built to a maximum of 35 feet in height when located within the public right-of-way or to a height consistent with adjacent utility or street light poles. New facilities may be co-located on existing poles without a height restriction. The ordinance requires a permit issued by City staff for any new wireless communication facility to ensure the requirements are met. SDN Communications provided some information that is included in the attachments. There is additional information at the following website:<https://sdncommunications.com/landing/small-cells/> Planning Commission Recommendation: The Planning Commission voted 7-0 to recommend approval of the ordinance. Attachments: Ordinance Ordinance Marked Up Notice PC Minutes 3-14-2017 SDN Presentation SDN Small Cell Brochure City of Brookings Printed on 3/23/2017Page 1 of 1 powered by Legistar™ Ordinance No. _____-17 An Ordinance Amending the Zoning Ordinance of the City of Brookings to Include Provisions Pertaining to Small Cell Facilities and Distributed Antenna Systems in the City of Brookings. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. That Section 94-396 of the Ordinances of the City of Brookings be amended to read as follows: Sec. 94-396. - Wireless communication facilities. The purpose of this section is to establish regulations and performance standards for the siting of wireless communication facilities (WCFs) in a manner that will protect the public's health, safety, and welfare and maintain the aesthetic integrity of the community. (1)Permit required.An application for a building permit is required prior to the construction of any WCF. Compliance with all applicable building codes, navigation hazard requirements, Federal Aviation Administration Regulations and section 94-164 must be achieved before a permit will be issued. (2)Definitions.The following definitions shall apply: Amateur radio operator tower:A structure used for the transmission, broadcast or reception of amateur radio or citizen band signals. Antenna:Any device that radiates or captures electromagnetic wave signals including digital and analog voice and data signals or video or microwave signals. Antenna support structure:An existing building or structure such as, but not limited to, utility poles, signs, elevated water tanks and steeples that support wireless communications facilities. Broadcast tower:A structure for the transmission of radio or television broadcast communications. This term does not include offices or studios. Co-location/site sharing:Use of an antenna support structure or telecommunications tower by two or more wireless license holders or by one wireless license holder for more than one type of communication. This includes the placement of a WCF on a structure owned and operated by a municipal or public utility. Distributed Antenna System (DAS): A system consisting of: (1) a number of remote communications nodes deployed throughout the desired coverage area, each including at least one antenna for transmission and reception; (2) a high capacity signal transport medium (typically fiber optic cable) connecting each node to a central communications hub site; and (3) radio transceivers located at the hub site (rather than at each individual node as is the case for small cells) to process or control the communications signals transmitted and received through the antennas. Equipment facility:A structure used to contain ancillary equipment for a WCF, such as cables, wires, lines, cabinets, pedestals and similar devices. Height:The distance measured from the original grade to the highest point on the WCF, including the antenna(s). Small Cell Facility:A wireless service facility that either meets both of the following qualifications or is within a stealth design that is consistent with the design guidelines: 1. Each antenna is located inside an enclosure of no more than five (5) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of no more than five (5) cubic feet, however, the maximum dimensions of the antenna shall not exceed 36” in height and 16” in diameter; and 2. Primary equipment enclosures are no larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, underground enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch. Small Cell Network: A collection of interrelated small cell facilities designed to deliver wireless service. Stealth:The ability of freestanding telecommunication towers to blend into the neighborhood environment at a given location and the ability to camouflage or conceal the presence of wireless communication facilities when attached to antenna support structures. Telecommunications tower:Any pole, spire, structure or combination thereof, including supporting lines, cables, wires, braces and mast, designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self supporting lattice towers, guyed towers or monopole towers. A communication tower may include, but not be limited to, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and personal communication service towers. Temporary WCF:A WCF that is placed in service for less than 180 days. Wireless communications facilities:One or more antenna, tower, base station, mechanical and/or electronic equipment, conduit, cable, fiber, wire, and associated structures, enclosures, assemblages, devices and supporting elements that generate, transmit or produce a signal used for communication that is proposed by an entity other than the Metropolitan Government, including but not limited to radio/tv/satellite and broadcast towers, telephone service, including new microwave or cellular towers, PWSF, DAS, small cell facilities and COW’s. (3)Siting and co-location criteria.The siting and co-location of all WCFs shall be subject to the following criteria before consideration will be given to a new site: a.WCFs shall be located on existing antenna support structures, such as utility poles, light poles, signs, elevated water tanks, buildings and other WCFs; or b.WCFs shall co-locate or site share upon existing telecommunication towers; or c.WCFs shall consider the use of public property and structures. d.If an applicant has shown a good faith effort to co-locate but has found it not to be feasible, a written statement indicating the reasons why co-location is not feasible shall be provided. (4)Application requirements.The following information is required prior to the siting of all WCFs. Installing antenna(s) on existing WCFs and amateur radio operator towers are exempt from these requirements. a.In business and industrial districts, a scaled drawing or aerial map, showing the subject property and all properties within one and one-half times the height of the proposed tower and the location of all existing buildings and structures, and the exact location of the tower and equipment facility. In residential districts, a WCF on an existing antenna support structure shall be considered through administrative review. A proposed telecommunication tower shall be considered through the conditional use permit process. An application shall be accompanied by a scaled drawing or aerial map showing the subject property and all properties within three times the height of the proposed tower and the location of all existing buildings and structures and the exact location of the tower and equipment facility. b.Written documentation under a licensed engineer's stamp verifying the need for a guyed-lattice tower when no other means of antenna support structure is available due to technical engineering constraints. (5)Development standards. a.Location and setback. 1.Antenna:Antenna(s) that are attached to support structures are exempt from the setback requirements in the district in which they are located. The antenna(s) may extend up to five feet horizontally beyond the edge of the support structure provided it does not encroach over the property line. 2.Telecommunication towers:A telecommunication tower shall meet the setback requirements for the district in which it is located. A telecommunication tower shall also be constructed on a lot so that it is as far away as possible from existing off-site buildings, and in no event nearer to any residential building than a distance of one hundred percent of the height of the tower. A telecommunications tower shall not be closer to a residential district boundary line than one hundred percent of its height. Where telecommunication towers are required to meet FAA paint and/or lighting regulations, the distance between them shall not be less than one-half mile. 3.Equipment facilities:All equipment facilities shall meet the setback requirements for the district in which they are located. 4.Amateur radio operator tower:All amateur radio operator towers shall meet the setback requirements for the district in which they are located. b.Height. 1.Antenna(s) attached to antenna support structures may not add more than 20 feet in height to the existing building or structure to which it is attached. In residential districts, the maximum height including the antenna support structure and the antenna(s) is 100 feet. 2.Telecommunication towers: (i) In all industrial districts the maximum height is 200 feet. (ii) In all business districts, except the RB-4, B-2A and B-5 districts, the maximum height is 100 feet. (iii) In the agricultural/conservation district, as depicted on the adopted future land use plan, the maximum height is 200 feet. (iv) In residential districts, the maximum height shall be determined through the conditional use permit process. 3.Amateur radio operator towers shall have a maximum height of 35 feet. Exception: For every one additional foot in from the side or rear building setback lines, one additional foot in height may be added, to a maximum height of 60 feet. 4.Broadcast towers may be erected to a height as approved by the city council upon conditional use review. c.Screening and landscaping.Telecommunication tower sites and equipment facilities shall be screened when there exists a clear view from adjacent residential uses. A fence, wall, berm, shrubbery or tree plantings shall be installed to a sufficient height along the perimeter or in appropriate areas in order to reduce the visual impact of the tower base and buildings. Existing mature tree growth and natural landforms shall be preserved to the maximum extent possible and may be a sufficient buffer. If a chainlink fence is erected, the fence shall have wood or plastic slats woven into the fence, open mesh windscreens installed or additional shrubbery or tree plantings located outside the fence. d.Illumination.Towers shall not be artificially lighted unless required by the FAA or other governing authority. Security or safety lighting for equipment facilities is permitted. e.Design.Towers shall be of a neutral color unless otherwise required by the FAA. Antenna(s) installed on support structures shall be of a neutral color that is the same as or compatible with the support structure. Buildings and other structures shall be made of exterior materials and colors that will blend the facilities to the natural setting and built environment. In residential districts, aesthetics is a high priority. Therefore, only a monopole design shall be permitted. In addition, incorporating stealth design into the tower and equipment facilities whenever possible will be an important factor in the review of any conditional use permit application. f.Maintenance.Telecommunication towers, antenna support structures, and WCFs shall be maintained in compliance with Electronic Industries Association/Telecommunications Industries Association Standard (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" as it may be updated or amended. g.Abandonment.Any wireless communication facility that is no longer in use shall be reported to the city by the facility owner. If a WCF is not operated for a continuous period of 12 months, it shall be considered abandoned and the owner shall remove the WCF within six months. h.Development Standards for Small Cell Facilities and Distributed Antenna Systems (DAS): 1. The applicant shall demonstrate that through location, construction, or stealthing, the proposed facility or network of facilities will have minimum visual impact upon the appearance of adjacent properties and the views from adjacent residential neighborhoods and the pedestrian environment, while retaining viable opportunities for future collocation, provided applications for designs consistent with the design guidelines provided for in subsection 5.e of this section shall be deemed to have met the requirement of this subsection. 2.Documentation of the number of other users that can be accommodated within the design parameters of the telecommunications facility as proposed. 3.A statement indicating the owner's commitment to allow feasible shared use of the facility within its design capacity for collocation. 4.The proposed site plan and design plans meet or exceed all applicable standards, including without limitation those of the Federal Communications Commission (FCC), American National Standards Institute (ANSI), and Institute of Electrical and Electronics Engineers (IEEE) standards for power density levels and structural integrity, American Concrete Institute (ACI), American Standards Testing and Materials Institute (ASTM), the National Electrical Code, and the American Steel Institute. The telecommunications facility must comply with building codes and other federal, state, and local regulations, Applicant must also comply with applicable Historic Preservation ordinances of the City. 5. With respect to telecommunication facilities within public rights-of-way. a. Support structures and above-ground transmission equipment shall be located outside the pedestrian portion of any sidewalk. b. New telecommunication facility support structures may not be erected to a height greater than the height surrounding utility poles or street lights, whichever is greater. If no utility poles are present, the total height shall be built to a maximum height of 35’, including antennas, lightning rods or other extensions. All new proposed structures, or a stealth telecommunications support structure replacing an existing support structure or alternative structure, within the right-of-way shall be designed for a minimum of two wireless communication facility providers. c. Telecommunication facilities shall be constructed consistent with the design requirements of the Community Development Department, and, where applicable, the Historic Preservation Commission. II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: SECOND READING: PUBLISHED: CITY OF BROOKINGS, SOUTH DAKOTA Scott Munsterman, Mayor ATTEST: Shari L. Thornes, City Clerk Ordinance No. _____-17 An Ordinance Amending the Zoning Ordinance of the City of Brookings to Include Provisions Pertaining to Small Cell Facilities and Distributed Antenna Systems in the City of Brookings. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. That Section 94-396 of the Ordinances of the City of Brookings be amended to read as follows: Sec. 94-396. - Wireless communication facilities. The purpose of this section is to establish regulations and performance standards for the siting of wireless communication facilities (WCFs) in a manner that will protect the public's health, safety, and welfare and maintain the aesthetic integrity of the community. (1)Permit required.An application for a building permit is required prior to the construction of any WCF. Compliance with all applicable building codes, navigation hazard requirements, Federal Aviation Administration Regulations and section 94-164 must be achieved before a permit will be issued. (2)Definitions.The following definitions shall apply: Amateur radio operator tower:A structure used for the transmission, broadcast or reception of amateur radio or citizen band signals. Antenna:Any device that radiates or captures electromagnetic wave signals including digital and analog voice and data signals or video or microwave signals. Antenna support structure:An existing building or structure such as, but not limited to, utility poles, signs, elevated water tanks and steeples that support wireless communications facilities. Broadcast tower:A structure for the transmission of radio or television broadcast communications. This term does not include offices or studios. Co-location/site sharing:Use of an antenna support structure or telecommunications tower by two or more wireless license holders or by one wireless license holder for more than one type of communication. This includes the placement of a WCF on a structure owned and operated by a municipal or public utility. Distributed Antenna System (DAS): A system consisting of: (1) a number of remote communications nodes deployed throughout the desired coverage area, each including at least one antenna for transmission and reception; (2) a high capacity signal transport medium (typically fiber optic cable) connecting each node to a central communications hub site; and (3) radio transceivers located at the hub site (rather than at each individual node as is the case for small cells) to process or control the communications signals transmitted and received through the antennas. Equipment facility:A structure used to contain ancillary equipment for a WCF, such as cables, wires, lines, cabinets, pedestals and similar devices. Height:The distance measured from the original grade to the highest point on the WCF, including the antenna(s). Small Cell Facility:A wireless service facility that either meets both of the following qualifications or is within a stealth design that is consistent with the design guidelines: 1. Each antenna is located inside an enclosure of no more than five (5) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of no more than five (5) cubic feet, however, the maximum dimensions of the antenna shall not exceed 36” in height and 16” in diameter; and 2. Primary equipment enclosures are no larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, underground enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch. Small Cell Network: A collection of interrelated small cell facilities designed to deliver wireless service. Stealth:The ability of freestanding telecommunication towers to blend into the neighborhood environment at a given location and the ability to camouflage or conceal the presence of wireless communication facilities when attached to antenna support structures. Telecommunications tower:A self-supporting structure designed and constructed specifically to support antenna(s) and may include a lattice, guyed-lattice, monopole or similar structure. This term does not include towers attached to existing buildings or structures. Any pole, spire, structure or combination thereof, including supporting lines, cables, wires, braces and mast, designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self supporting lattice towers, guyed towers or monopole towers. A communication tower may include, but not be limited to, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and personal communication service towers. Temporary WCF:A WCF that is placed in service for less than 180 days. Wireless communications facilities:Any cables, wires, lines, antennas, antenna arrays, shelters, towers or other equipment associated with the transmission or reception of telecommunication signals. One or more antenna, tower, base station, mechanical and/or electronic equipment, conduit, cable, fiber, wire, and associated structures, enclosures, assemblages, devices and supporting elements that generate, transmit or produce a signal used for communication that is proposed by an entity other than the Metropolitan Government, including but not limited to radio/tv/satellite and broadcast towers, telephone service, including new microwave or cellular towers, PWSF, DAS, small cell facilities and COW’s. (3)Siting and co-location criteria.The siting and co-location of all WCFs shall be subject to the following criteria before consideration will be given to a new site: a.WCFs shall be located on existing antenna support structures, such as utility poles, light poles, signs, elevated water tanks, buildings and other WCFs; or b.WCFs shall co-locate or site share upon existing telecommunication towers; or c.WCFs shall consider the use of public property and structures. d.If an applicant has shown a good faith effort to co-locate but has found it not to be infeasible, a written statement indicating the reasons why co-location is not feasible shall be provided. (4)Application requirements.The following information is required prior to the siting of all WCFs. Installing antenna(s) on existing WCFs and amateur radio operator towers are exempt from these requirements. a.In business and industrial districts, a scaled drawing or aerial map, showing the subject property and all properties within one and one-half times the height of the proposed tower and the location of all existing buildings and structures, and the exact location of the tower and equipment facility. In residential districts, a WCF on an existing antenna support structure shall be considered through administrative review. A proposed telecommunication tower shall be considered through the conditional use permit process. An application shall be accompanied by a scaled drawing or aerial map showing the subject property and all properties within three times the height of the proposed tower and the location of all existing buildings and structures and the exact location of the tower and equipment facility. b.Written documentation under a licensed engineer's stamp verifying the need for a guyed-lattice tower when no other means of antenna support structure is available due to technical engineering constraints. (5)Development standards. a.Location and setback. 1.Antenna:Antenna(s) that are attached to support structures are exempt from the setback requirements in the district in which they are located. The antenna(s) may extend up to five feet horizontally beyond the edge of the support structure provided it does not encroach over the property line. 2.Telecommunication towers:A telecommunication tower shall meet the setback requirements for the district in which it is located. A telecommunication tower shall also be constructed on a lot so that it is as far away as possible from existing off-site buildings, and in no event nearer to any residential building than a distance of one hundred percent of the height of the tower. A telecommunications tower shall not be closer to a residential district boundary line than one hundred percent of its height. Where telecommunication towers are required to meet FAA paint and/or lighting regulations, the distance between them shall not be less than one-half mile. 3.Equipment facilities:All equipment facilities shall meet the setback requirements for the district in which they are located. 4.Amateur radio operator tower:All amateur radio operator towers shall meet the setback requirements for the district in which they are located. b.Height. 1.Antenna(s) attached to antenna support structures may not add more than 20 feet in height to the existing building or structure to which it is attached. In residential districts, the maximum height including the antenna support structure and the antenna(s) is 100 feet. 2.Telecommunication towers: (i) In all industrial districts the maximum height is 200 feet. (ii) In all business districts, except the RB-4, B-2A and B-5 districts, the maximum height is 100 feet. (iii) In the agricultural/conservation district, as depicted on the adopted future land use plan, the maximum height is 200 feet. (iv) In residential districts, the maximum height shall be determined through the conditional use permit process. 3.Amateur radio operator towers shall have a maximum height of 35 feet. Exception: For every one additional foot in from the side or rear building setback lines, one additional foot in height may be added, to a maximum height of 60 feet. 4.Broadcast towers may be erected to a height as approved by the city council upon conditional use review. c.Screening and landscaping.Telecommunication tower sites and equipment facilities shall be screened when there exists a clear view from adjacent residential uses. A fence, wall, berm, shrubbery or tree plantings shall be installed to a sufficient height along the perimeter or in appropriate areas in order to reduce the visual impact of the tower base and buildings. Existing mature tree growth and natural landforms shall be preserved to the maximum extent possible and may be a sufficient buffer. If a chainlink fence is erected, the fence shall have wood or plastic slats woven into the fence, open mesh windscreens installed or additional shrubbery or tree plantings located outside the fence. d.Illumination.Towers shall not be artificially lighted unless required by the FAA or other governing authority. Security or safety lighting for equipment facilities is permitted. e.Design.Towers shall be of a neutral color unless otherwise required by the FAA. Antenna(s) installed on support structures shall be of a neutral color that is the same as or compatible with the support structure. Buildings and other structures shall be made of exterior materials and colors that will blend the facilities to the natural setting and built environment. In residential districts, aesthetics is a high priority. Therefore, only a monopole design shall be permitted. In addition, incorporating stealth design into the tower and equipment facilities whenever possible will be an important factor in the review of any conditional use permit application. f.Maintenance.Telecommunication towers, antenna support structures, and WCFs shall be maintained in compliance with Electronic Industries Association/Telecommunications Industries Association Standard (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" as it may be updated or amended. g.Abandonment.Any wireless communication facility that is no longer in use shall be reported to the city by the facility owner. If a WCF is not operated for a continuous period of 12 months, it shall be considered abandoned and the owner shall remove the WCF within six months. h.Development Standards for Small Cell Facilities and Distributed Antenna Systems (DAS): 1. The applicant shall demonstrate that through location, construction, or stealthing, the proposed facility or network of facilities will have minimum visual impact upon the appearance of adjacent properties and the views from adjacent residential neighborhoods and the pedestrian environment, while retaining viable opportunities for future collocation, provided applications for designs consistent with the design guidelines provided for in subsection 5.e of this section shall be deemed to have met the requirement of this subsection. 2.Documentation of the number of other users that can be accommodated within the design parameters of the telecommunications facility as proposed. 3.A statement indicating the owner's commitment to allow feasible shared use of the facility within its design capacity for collocation. 4.The proposed site plan and design plans meet or exceed all applicable standards, including without limitation those of the Federal Communications Commission (FCC), American National Standards Institute (ANSI), and Institute of Electrical and Electronics Engineers (IEEE) standards for power density levels and structural integrity, American Concrete Institute (ACI), American Standards Testing and Materials Institute (ASTM), the National Electrical Code, and the American Steel Institute. The telecommunications facility must comply with building codes and other federal, state, and local regulations, Applicant must also comply with applicable Historic Preservation ordinances of the City. 5. With respect to telecommunication facilities within public rights-of-way. a. Support structures and above-ground transmission equipment shall be located outside the pedestrian portion of any sidewalk. b. New telecommunication facility support structures may not be erected to a height greater than the height surrounding utility poles or street lights, whichever is greater. If no utility poles are present, the total height shall be built to a maximum height of 35’, including antennas, lightning rods or other extensions. All new proposed structures, or a stealth telecommunications support structure replacing an existing support structure or alternative structure, within the right-of-way shall be designed for a minimum of two wireless communication facility providers. c. Telecommunication facilities shall be constructed consistent with the design requirements of the Community Development Department, and, where applicable, the Historic Preservation Commission. II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: SECOND READING: PUBLISHED: CITY OF BROOKINGS, SOUTH DAKOTA Scott Munsterman, Mayor ATTEST: Shari L. Thornes, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted ordinance amendments to Section 94-396, pertaining to Wireless Communication Facilities. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 4:30 PM on Tuesday, March 14, 2017, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 24th day of February, 2017. ____________________________ Staci Bungard City Planner Planning Commission Brookings, South Dakota March 14, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, February 7, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were James Drew, Greg Fargen, Alan Gregg, Alan Johnson, Ryan Murphy, Lee Ann Pierce, Kristi Tornquist and Al Heuton. Absent was Tanner Aiken. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, Vernon Brown and Jerry Anderson from SDN Communications and others. Item #6 – The City of Brookings has submitted ordinance amendments to Section 94-396, pertaining to Wireless Communication Facilities. (Gregg/Fargen) Motion to approve the zoning ordinance amendments. All present voted aye. MOTION CARRIED. (Tornquist /Drew) Amendment to the motion with a change to Section 5h.1 to reference “5.e” and not 5.f. The motion as amended was voted on. All present voted aye, Johnson absent. MOTION CARRIED. OFFICIAL SUMMARY Item #6–This amendment is to include definitions for administration of the Zoning Ordinance. Definitions and regulations for Distributed Antenna Systems and Small Cell Facilities, specifically wireless communication facilities placed on private property. Due to new technology and changes within the industry an amendment is necessary. The amendment allows for smaller wireless facilities, such as those needed for cell phone towers. City Staff would need to issue a permit to ensure the requirements are met. Vernon Brown explained that this change is important especially in this part of the world where “cell phone only” users are high in numbers with the student base we have here. Vernon explained where these poles would be placed in the City and on Campus. Fargen wondered who would control who would be allowed to utilize the poles. Vernon explained that SDN would own the poles and would lease the pole to other providers. Jerry Anderson explained that the devices on the poles will only measure about 18 inches and the devices will provide additional coverage for about a 750 foot circumference around the pole. Gregg wondered if these towers would improve cell usage in other parts of town. Jerry stated that it would be a benefit to everyone, but not inside places like the Swiftel Center. But there are other options available for those buildings. Heuton wondered if they would ever anticipate more than two providers on a pole. At this time, SDN is focusing on Verizon and they would like to have a five foot area between each device on a pole. And with this in mind, a third device would be too close to the ground. It has been asked if the downtown poles could be 50 feet and located in the alleys. Jerry explained that due to the recent upgrades downtown, it has been suggested that the poles be located in the alley’s, but for this to happen it would be best if the poles could be 50 feet in height to be above the buildings. Vernon noted that the proposed amendment only allows for 35 foot poles and he noted that the downtown poles would exceed this. Tornquist asked if maybe a 50 foot pole would be a better route to go in the ordinance. Jerry stated that 35 foot poles fit best in the residential areas. They blend in with the height of street lights at this height. Tornquist asked what the process would be if someone wanted to go higher than the 35 feet. Struck stated that the City Attorney stated that a variance would need to be applied for if the pole were to be in the right-of-way. Pierce wondered how we would monitor other companies coming in and placing these towers in town. Struck explained that the City has to permit these poles and the City isn’t going to limit another company from coming in. The poles will typically be placed in the public right-of-way, so the City will have control over where these will be placed. In addition, everyone will be required to go through all the same processes. Drew wondered if BMU would have any say in the permitting process. Lanning explained that BMU would have to complete a portion of the application. Enjoy the Uptime. SDN offers Internet, connectivity, IP phone systems, networking equipment, and managed services over its 30,000 miles of fiber optics. The network touches 300+ South Dakota communities, plus connects to other regional and national networks. How We Use Smartphones •Calls •Texts •Data Time Spent on Smartphones Cord cutting Mobile data traffic growth Industry preparing for 1000x data traffic growth Qualcomm Layers of Cell Technology Short Range Mobile Cell Sites Small Cell Deployed Small Cell Technology Citizen Benefits 1.Improved public safety •Text notifications to 911 –photos/video •Extend coverage to hard-to-reach areas •Internet of Things –medical device example 2.Fulfilling consumer demand & expectations •Consumers value their wireless devices •They take their devices wherever they go 3.Improved speed, reliability, and coverage Small Cell Where The People Are Brookings Small Cell Deployment Small Cell Deployed How NOT to do them •Wooden poles •Equipment on top and sides Small Cell Deployed SDN’s proposed poles •Mono pole, metal construction •32 feet tall Small Cell Deployed Small Cell Deployed Small Cell Deployed Small Cell Deployed SDN’s proposed poles •Support multiple providers www.sdncommunications.com www.sdncommunications.com • 2900 W. 10th Street, Sioux Falls, SD 57104 • 1.800.247.1442 FREQUENTLY ASKED QUESTIONS SMALL CELL POLES www.sdncommunications.com Necessary infrastructure for cellular technology 22 to 40 miles: the typical coverage of a macrotower MACROCELL TOWER Towers vary in height, but are often 200' to 300' tall. SMALL CELL POLE MACROCELL TOWER SWITCHING OFFICE From the switching oce, the data or calls are directed to the tower nearest the destination cell phone. ROUTER DATA CALL CALLDATA DATA CALL CALL CALL CALL CALLCALL CALL CALL CALL CALL Small cell poles ooad large volumes of data from traditional cell towers. Small cell poles improve data trac for better phone service in locations with heavy trac such as college campuses, fairgrounds and downtown shopping venues. CALLDATA CALL From the tower or pole, data or calls travel via ber or copper to the service provider’s switching oce. Calls travel by airwaves to the nearest tower. From there they travel on the network. DATA DATA DATA DATA DATA DATA DATA DATA DATA DATA Data also travels by airwaves to the nearest tower or small cell pole 1,500 feet: the typical coverage of a small cell pole CALL DATACALL CALL CALL CALL CALL DATA SMALL CELL POLE Small cell poles are 32' tall. Q: What is a small cell, and how will it bene t me? A: Many of us have experienced the frustration of trying to text a photo or pull up a website when we’re at a crowded event or in an area with a weak mobile data signal. While that’s a momentary frustration, lack of data capacity could become a matter of public safety as 911 systems begin to accept emergency text messages and videos. That’s why SDN Communications is deploying small cells for Verizon Wireless in many communities. The new tech- nology will improve data coverage in areas where crowds gather or there is a geographic gap in service. Unlike the large macro cell towers that deliver service coverage for up to 40 miles, small cells enhance data capacity in targeted areas up to 1,500 feet. They’re most often used in areas crowded with many cell phone users, such as schools, colleges, fair grounds, downtown shopping districts, or hospital campuses. This technology improves capacity for users in high-density areas and can have far-reaching bene ts for a community by relieving data congestion on a macro tower. Q: What do small cells look like? A: SDN Communications is working with Verizon Wireless to deploy small cell technology. The equipment is mounted on 32-foot, metal poles. The majority are being placed along the public right of way, which is where other public utilities, such as street lights, electricity, telephone, broadband, water, and sewer are placed. The small cell poles are similar to light poles lining city streets. Q: What is the bene t of small cell technology? A: Small cells improve the speed and reliability of mobile wireless coverage. Increasingly, people rely on their mobile devices to surf the Internet, watch video and access data-rich applications. By 2019, the wireless industry expects mobile data tra c to be six times greater than 2014, according to the Cellular Telephone Industries Association (CTIA). More wireless infrastructure is needed to meet this explosive growth. Small cells are an essential layer of wireless infrastructure and are needed to deploy 4G wireless technology, which can o er speeds up to 30 Mbps. That’s faster than most public Wi-Fi. 4G LTE can even top the speeds many people receive at home. Q: What do small cells look like? A: 22 to 40 miles: the typical coverage of a macrotower MACROCELL TOWER Towers vary in height, but are often 200' to 300' tall. SMALL CELL POLE MACROCELL TOWER SWITCHING OFFICE From the switching oce, the data or calls are directed to the tower nearest the destination cell phone. ROUTER DATACALLCALLDATA DATA CALL CALL CALL CALL CALLCALL CALL CALL CALL CALL Small cell poles ooad large volumes of data from traditional cell towers. Small cell poles improve data trac for better phone service in locations with heavy trac such as college campuses, fairgrounds and downtown shopping venues. CALLDATA CALL From the tower or pole, data or calls travel via ber or copper to the service provider’s switching oce. Calls travel by airwaves to the nearest tower. From there they travel on the network. DATA DATA DATA DATA DATA DATA DATA DATA DATA DATA Data also travels by airwaves to the nearest tower or small cell pole 1,500 feet: the typical coverage of a small cell pole CALLDATACALL CALL CALL CALL CALL DATA SMALL CELL POLE Small cell poles are 32' tall. Q: How does small cell technology support emergency communication? A: Americans rely on their mobile devices for emergency communication. Small cells are essential to support Next Generation 911, which will enable users to text and send photos and videos to rst responders. In addition, many schools and employers use texts or emails to send emergency noti cations. Small cells are necessary to support the delivery of vital, lifesaving mobile communication. Q: What is a public right of way? A: Typically, the public right of way is a narrow strip of land next to the street including the sidewalk. Sometimes it’s called the boulevard. That land is maintained by the homeowner but technically owned by the public and reserved for utilities, such as street lights, electricity, telephone, broadband, water, and sewer infrastructure. Local governments, not the homeowner, decide which utilities are allowed in that public right of way. Most of the small cell poles SDN will deploy will be in that public right of way. SDN is an existing broadband provider in these communities and will leverage existing, underground ber optic cable to support the small cell deployment. Q: Will my boulevard landscaping be damaged during the small cell install? A: Small cell pole installs should have minimal impact on the landscape. SDN’s professional contractor has a good reputation and xes any damage done. For more information about small cells and public right of way, check out this video: https://sdncommunications.com/small-cells/ The boulevard or narrow strip of land between the sidewalk and street is the public right of way, which is where most small cells will be deployed. www.sdncommunications.com • 2900 W. 10th Street, Sioux Falls, SD 57104 • 1.800.247.1442 www.sdncommunications.com Q: Why is it necessary to erect new poles? Why can’t the small cell equipment be mounted to existing light or telephone poles? A: The small cell equipment is heavy and requires a structurally sound pole and foundation. The base and pole of existing structures would likely need to be replaced to support the heavy equipment. Small cells support essential 911 service and require immediate response if the equipment is damaged or needs repair. SDN selected a uniform, 32-foot monopole design to provide consistency and direct power access to enable quick and e cient service, repair and maintenance. Q: Can the small cell poles support multiple wireless carriers? A: Yes, SDN’s small cell poles can accommodate up to two wireless carriers. Colocation of small cell equipment can reduce the need for additional poles, while simultaneously meeting the data coverage needs of mobile users. Q: Is small cell technology coming to my community? A: SDN is currently working with the communities of Sioux Falls, Yankton, Brookings, Aberdeen, Sturgis, and Sioux City to deploy small cell technology. If your community isn’t on this list, it could be in the future. As mobile data tra c continues to grow, it is likely more communities in the Northern Plains will be selected to receive this next layer of wireless infrastructure. About SDN Communications SDN Communications is based in Sioux Falls, SD. The company is the premier business-to-business broadband service provider in the region, with more than 30,000 miles of ber optic cable that extends into eight states of the Northern Plains. SDN also provides the managed cybersecurity products and remote network monitoring to build a more secure business network. SDN is owned by the independent telephone companies in the region. If you have further questions, please contact SDN Communications at 1-800-247-1442. 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 17-007,Version:2 Second Reading on Ordinance 17-007 an Ordinance authorizing Supplemental Appropriation #1 to the 2017 Budget. Summary: This ordinance will amend the 2017 Budget:1) to carryover items from the 2016 budget, and 2) to change certain amounts budgeted in 2017. Background: The first portion of the amendment (Part 1) allocates expenditures for projects or purchases, which were budgeted in 2016, but were not completed by the December 31, 2016. The second portion of the amendment (Part 2) makes adjustments to the 2017 budget for various revenue and expenditures. This amendment includes the following: ·increasing revenue for grant funds received and expenditures for K-9 vehicle and equipment; ·reallocating funds from hiring a cleaning service to now employing part-time personnel for this service; ·transferring existing funds to the fund they will be spent from in the 2017 budget. (example, STP grant funds and the Carnegie project had been accounted for in the General fund but starting in 2017 will be accounted for in 75% Sales tax fund). ·Closing Dakota Nature Project Capital Project Fund and transferring remaining cash to 75% Sales Tax fund. ·Moving cash from Library Donation to Library Fines per request of Library Director ·Accounting for a Downtown Acceleration Grant, which was approved from the 2016 allotment but not paid until 2017. Fiscal Impact: Part 1 - No impact, carryover items budgeted in 2016 that were not completed Part 2 -General Fund net impact ($70,562.23) Special Revenue Funds net impact $94,196.99 Capital Project Fund net impact ($40,884.76) Enterprise Funds net impact $ - Total Net Fiscal Impact $17,250.00 Recommendation: Staff recommends approval. Attachments: Ordinance City of Brookings Printed on 3/23/2017Page 1 of 1 powered by Legistar™ Ordinance 17-007 An Ordinance Authorizing a Supplemental Appropriation to the 2017 Budget Be It Ordained by the City of Brookings, South Dakota: Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it becomes due, Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following budget adjustments to the 2017 budget: Part 1. Part 2 All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading:February 28, 2017 Second Reading:March 28, 2017 Published:March 31, 2017 CITY OF BROOKINGS _________________________ Scott Munsterman, Mayor ATTEST: ____________________________ Shari Thornes, 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 17-034,Version:1 Public Hearing and Action on Resolution 17-034, a Resolution Levying Assessment for 2017 Assessment of the 2014-02STA, Main Avenue South and 26th Street South Reassessment. Summary: This resolution will authorize the 2014-02STA Assessment costs for Christie Heights Addition and Christie Springs Addition to be reassessed to other lots within each development as shown on the attached Assessment Roll. Background: The Brookings City Council adopted Resolution of Necessity 05-14 on January 14, 2014 for the 2014 -02STA Main Avenue South and 26th Street South Assessment Project, and adopted Resolution 15- 096, Levying Assessment on September 22, 2015. The resolutions and Memorandum of Understanding between Oakwood Equity LLC dated 5/5/14 outlined the payment criteria for the assessment. The City has not received the December 31, 2016 payment and the City is proceeding with collecting the outstanding balance of the assessment with the procedure for Plan One outlined in Section 9-43-102, South Dakota Compiled Laws of 1967, as amended. The outstanding principal balance for Parcel Number 40970-10950-022-00 (Christie Springs Addition) with interest from 1/1/17 to 3/28/17 is $86,043.54. This cost has been divided among five parcels in the Christie Springs Addition as shown in green on the attached map. The outstanding principal balance for Parcel Number 40970-10950-022-15 (Christie Heights Addition) with interest from 1/1/17 to 3/28/17 is $359,472.22. This cost has been divided among 28 parcels in the Christie Heights Addition as shown in yellow on the attached map. The attached Assessment Roll outlines the cost for each parcel. The assessment shall be divided into ten (10) equal annual installments for each parcel. Such assessments, unless paid within thirty (30) days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Sections to SDCL 9-43-102, South Dakota Compiled Laws of 1967, as amended. Interest of ten (10) percent per annum shall accrue on the unpaid balance of the assessment for a maximum of ten (10) years. The City published the notice of the public hearing and mailed a copy of the notice and assessment roll to the property owner being assessed. Fiscal Impact: The City will assess the costs as shown on the attached Assessment Roll and the costs will be collected by the City. Recommendation: Staff recommends approval. City of Brookings Printed on 3/23/2017Page 1 of 2 powered by Legistar™ File #:RES 17-034,Version:1 Attachments: Resolution 17-034 Assessment Roll Resolution 05-14, Resolution of Necessity Resolution 15-096, Levying Assessment Christie Springs Map Christie Heights Map City of Brookings Printed on 3/23/2017Page 2 of 2 powered by Legistar™ Resolution 17-034 Levying Assessment for 2017 Assessment of the 2014-02STA Main Avenue South & 26th Street South Reassessment Whereas, the City Council has provided for the work to be completed under Project No. 2014-02STA Main Avenue South & 26th Street South Project. Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. The City Council has adopted Resolution of Necessity No. 05-14 and has made all investigation which it deems necessary and has found and determined that the amount which each lot or tract will be benefited by the construction of the street improvement heretofore designated as Street Assessment Project 2014- 02STA Main Avenue South & 26th Street South Project in the amount is the amount stated in the proposed assessment roll. 2. The City Council has adopted Resolution 15-096 Levying Assessment for Project No. 2014-02STA Main Avenue South & 26th Street South Street Assessment Project and the criteria has not been met for parcel number 40970- 10950-022-00 located in the N1550’ of the NW1/4, Exc platted areas & Exc. the S640’ of the N1062’ of E246’ & Exc. S20’ of N422’ of E223’ & Exc. the W40’ of E223’ of S165’ of N402’, Section 2-T109N-R50W and parcel number 40970- 10950-022-15 located in the W1/2 of the NW ¼ Exc. N1550’ & Exc. Platted areas, Section 2-T109N-R50W, as referenced on the 2014-02STA Assessment Roll approved by Resolution 15-096 on September 22, 2015. The assessment is therefore being collected by the City in accordance with the procedure for Plan One in Section 9-43-102, South Dakota Compiled Laws of 1967, as amended. 3. The 2017 Assessment of the Street Assessment Project No. 2014-02STA is hereby approved and the assessments set forth in the assessment roll are hereby levied against each and every lot, piece or parcel of land as described in the proposed assessment roll. 4. The assessment shall be divided into ten (10) equal annual installments. 5. Such assessments, unless paid within thirty (30) days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Sections to SDCL 9-43-102, South Dakota Compiled Laws of 1967, as amended. 6. Interest of ten (10) percent per annum shall accrue on the unpaid balance of the assessment for a maximum of ten (10) years. Passed and approved this 28th day of March, 2017. CITY OF BROOKINGS _________________________ Scott Munsterman, Mayor ATTEST: ________________________ Shari Thornes, City Clerk City of Brookings ASSESSMENT ROLL2017 Assessment of the 2014-02STA Main Avenue South and 26th Street South Reassessment3-14-17Parcel Number Legal Description OWNER AddressAssessment Cost Per Lot TOTAL ASSESSMENT COST (with interest from 1/1/17-3/28/17)40114-00100-00100Lot One (1) of Block One (1) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00100-00500Lot Five (5) of Block One (1) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00100-00600Lot Six (6) of Block One (1) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00100-00700Lot Seven (7) of Block One (1) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00100-00800Lot Eight (8) of Block One (1) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00100-00900Lot Nine (9) of Block One (1) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00100-01000Lot Ten (10) of Block One (1) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00100-01200Lot Twelve (12) of Block One (1) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00100-01300Lot Thirteen(13) of Block One (1) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00100-01400Lot Fourteen (14) of Block One (1) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00100-01500Lot Fifteen (15) of Block One (1) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00200-00400Lot Four (4) of Block Two (2) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00200-00500Lot Five (5) of Block Two (2) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.30 City of Brookings ASSESSMENT ROLL2017 Assessment of the 2014-02STA Main Avenue South and 26th Street South Reassessment3-14-17Parcel Number Legal Description OWNER AddressAssessment Cost Per Lot TOTAL ASSESSMENT COST (with interest from 1/1/17-3/28/17)40114-00200-00700Lot Seven (7) of Block Two (2) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00200-00800Lot Eight (8) of Block Two (2) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00200-00900Lot Nine (9) of Block Two (2) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00200-01000Lot Ten (10) of Block Two (2) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00200-01100Lot Eleven (11) of Block Two (2) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00400-01100Lot Eleven (11) of Block Four (4) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00400-01200Lot Twelve (12) of Block Four (4) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00500-00200Lot Two (2) of Block Five (5) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00500-00300Lot Three (3) of Block Five in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00500-00400Lot Four (4) of Block Five (5) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00500-00500Lot Five (5) of Block Five (5) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00500-00600Lot Six (6) of Block Five (5) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00500-00700Lot Seven (7) of Block Five (5) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.30 City of Brookings ASSESSMENT ROLL2017 Assessment of the 2014-02STA Main Avenue South and 26th Street South Reassessment3-14-17Parcel Number Legal Description OWNER AddressAssessment Cost Per Lot TOTAL ASSESSMENT COST (with interest from 1/1/17-3/28/17)40114-00500-00800Lot Eight (8) of Block Five (5) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.42$12,838.3040114-00500-00900Lot Nine (9) of Block Five (5) in Christie Heights Addition to the City of Brookings, County of Brookings, State of South DakotaOAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $12,539.35$12,838.1240970-10950-02200 N1,550' of NW1/4 exc platted areas & exc S640' of N1,062' of E246'&exc S20' of N422' of E223' and exc E223' of S165' of N402' and exc S706.3' of the N1,094.2' of E281.9' of NW1/4, exc the S640' of the N1,062.0'; of E246' thereof, and exc the N422' of the E223' thereof, and exc previously acquired public road ROW and exc the S455.8' of the N1,550' of the E670.5' of the NW1/4 exc Block 4 of Plat of Block 4 of Christie Third Addn in S1/2 of NW1/4 in S2-T109-R50, County of Brookings, State of South Dakota (24.38 acres)CHRISTIE FAMILY LIVING TRUST%Oakwood Equity PO BOX 709 BROOKINGS, SD 57006$61,289.73$62,750.3040970-10950-02220 The S455.8' of the N1,550.0' of the E670.5' of the NW1/4, exc Block 4 of plat of Block 4 Christie Third Addn in the S1/2NW1/4 thereof in S2-T109-R50, County of Brookings, State of South Dakota (6.96 acres)OAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $17,496.95$17,913.9140970-10950-02215 The S706.3' of N1,094.2' of the E281.9' of the NW1/4, exc the S640' of the N1,062.0' of the E246.0' thereof; and exc the N422.0' of the E223.0' thereof, and exc previously acquired ROW in S2-T109-R50, County of Brookings, State of South Dakota (0.72 acres)OAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $1,810.03$1,853.1640113-00400-00000 Block Four (4) exc E620.5' in Christie Third Addn, County of Brookings, State of South Dakota (0.63 acres)CHRISTIE FAMILY LIVING TRUST%Oakwood Equity PO BOX 709 BROOKINGS, SD 57006$1,583.78$1,621.5240113-00400-00005 E620.5' of Block Four (4) of Christie Third Addn, County of Brookings, State of South Dakota (0.74 acres)OAKWOOD EQUITY GROUP LLC PO BOX 709 BROOKINGS, SD 57006 $1,860.31$1,904.65TOTALS:$435,144.49$445,515.76All special assessments, unless paid within thirty (30) days after the date of mailing of a statement of account by the City, will be collected by the City in accordance with the procedure for Plan One in SDCL Section 9-43-102, with interest of 10% on the unpaid balance of the assessment, with the assessment to be paid in ten (10) annual installments.The whole assessment or any installment may be paid at any time, and all installments paid before their respective due datesare deemed paid in inverse order of their due dates. D E ANCTHELEN CIRCRAIG CTPRIMROS E C I R BLUE BELL CIRMORNING GLORY CIRBLUE BELL DRPRIMROSE DRLARKSPUR RIDGE DRLARKSPUR RIDGE DR ANKA PASSSANHALF MOON RDEBERLEIN DR7THSMAIN AVE SMAIN AVE SMAIN AVE SORIOLE TRLW 20TH ST S20TH ST S20TH ST SWESTERN AVE S 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 2017-0180,Version:1 Presentation of the City of Brookings Financial Report. Summary: The 2016 “unaudited” Annual Financial Report is a preview to the audited Financial Report, which will be undertaken in April. Background: As per SDCL 9-22-21, we are required to report to the governing body at the first regular meeting in March the receipts, expenses, and financial condition of the municipality including where the City’s funds are deposited. This report is unaudited and it is anticipated adjustments will be made. No action is necessary; it is for public reporting purposes only. Attachments: March Council Report 2016 City of Brookings Printed on 3/23/2017Page 1 of 1 powered by Legistar™ General 2nd Penny Sales Other Governmental Total Fund Tax Fund Funds Governmental Funds Beginning Balance 14,837,036 2,438,293 6,195,570 23,470,899 Revenues and Other Sources: Property Taxes 2,932,571 931,221 3,863,792 General Sales and Use Taxes 6,630,466 6,595,427 935,022 14,160,915 Amusement Taxes 1,560 1,560 911 Telephone Surcharge 357,367 357,367 Penalties and Interest on Delinquent Taxes 2,591 2,042 4,633 Storm Drainage Tax 857,547 857,547 Licenses and Permits 303,644 303,644 Federal Grants 39,458 39,458 State Grants 5,216 5,216 State Shared Revenue: Bank Franchise Tax 76,632 76,632 Liquor Tax Reversion 143,840 143,840 Highway and Bridge Fund 351,121 351,121 County Shared Revenue: County Road Tax (25%) 3,979 3,979 County HBR Tax (25%) 120,267 120,267 County Wheel Tax 62,457 62,457 County E-911 125,000 125,000 County Payments in Lieu of Taxes 17,500 17,500 Charges for Goods and Services: Public Safety 7,799 7,799 Public Works 180 180 Health 9,675 9,675 Culture and Recreation 438,960 2,058,687 2,497,647 Court Fines and Costs 93,220 93,220 Library 24,289 24,289 Investment Earnings (Loss) 96,862 7,735 18,573 123,170 Rentals 56,501 56,501 Special Assessments 134,358 134,358 Contributions and Donations from Private Sources 85,601 100 85,701 Sale of Municipal Property 34,673 34,673 Proceeds from Debt 32,515 32,515 Sale of Industrial land held for resale 308,957 308,957 Liquor Operating Agreement Income 668,300 668,300 Other 616,141 32,480 281,165 929,786 Total Revenue and Other Sources 13,108,171 6,635,642 5,757,886 25,501,699 Expenditures and Other Uses: Legislative 104,325 104,325 Executive 796,045 796,045 Financial Administration 649,196 5,128 654,324 Other General Government 1,267,864 1,267,864 Police 3,446,340 3,446,340 Fire 729,905 40,923 770,828 Other Protection 83,701 657,428 741,129 Highways and Streets 3,686,438 73,896 4,344,346 8,104,680 Engineer 476,729 476,729 Community Development 429,659 429,659 Animal Control 99,171 99,171 Recreation 652,607 652,607 Parks 2,812,615 60,343 2,872,958 Libraries 1,192,480 31,807 1,224,287 Auditorium 4,001,362 4,001,362 Economic Development and Assistance (Industrial Development) 292,352 609,220 901,572 Debt Service 2,394,349 591,395 2,985,744 Total Expenditures and Other Uses 16,427,075 2,760,597 10,341,952 29,529,624 Transfers In (Out)3,161,494 (2,638,902) 2,287,519 2,810,111 Increase/Decrease in Fund Balance (157,410) 1,236,143 (2,296,547) (1,217,814) Ending Balance: Unspendable 3,204,371 37,709 3,242,080 Restricted 83,214 1,233,989 1,683,744 3,000,947 Committed 3,918,640 2,843,792 4,373,445 11,135,877 Assigned 1,629,181 1,629,181 Unassigned 5,844,220 (403,345) (2,195,875) 3,245,000 Governmental Long-term Debt 21,723,311 ****** UNAUDITED ******** GOVERNMENTAL FUNDS ANNUAL REPORT FOR CITY OF BROOKINGS AS OF AND FOR THE YEAR ENDED DECEMBER 31, 2016 Other Enterprise Electric Wastewater Health System Telephone Funds Beginning Balance 40,678,714 21,859,853 61,409,969 37,664,586 61,208,928 Revenues 27,848,562 6,122,951 61,644,221 32,533,266 14,613,464 Expenses (24,531,793) (3,976,775) (56,750,726) (30,844,138) (11,257,803) Transfers In (Out)(2,005,000) 0 0 (200,000) (605,111) Ending Balance: Restricted 26,516,434 12,944,848 40,879,698 22,874,487 40,249,510 Unrestricted 15,424,049 11,061,181 25,423,766 16,279,227 23,709,968 Long-term Debt 8,030,336 29,419,054 9,509,843 2,460,000 339,480 The preceding financial data does not include fiduciary funds or internal service funds. Information pertaining to those activities may be obtained by contacting the municipal finance director at 697-8640. Municipal funds are deposited as follows: Depository Amount First Bank & Trust 37,278,253 Wells Fargo 455,435 Dacotah 22,773,522 Metabank 404,502 Dakotaland Federal Credit Union 5,074,576 Great Western 133,863 Security National 161,361 SD FIT 26,000,000 Bank Star 750,000 First Bank & Trust Wealth Mgmt: Deposits 11,826,083 Custodial Agent 7,242,134 Wells Fargo Brokerage 2,642,079 PROPRIETARY FUNDS ****** UNAUDITED ******** 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 2017-0179,Version:1 Action to authorize the Mayor to sign a Satisfaction of Mortgage executed by Area Development Corporation. Summary: In the 1980’s, the City entered into conduit debt arrangements with the Area Development Corporation in the amount of $300,000 and $480,000. Based on available City records this debt has been paid off, however, the Satisfaction of the Mortgages was not filed to formally discharge the debt. This action will allow the Mayor to sign the Satisfaction of Mortgages and release the debt. Recommendation: Staff recommends approval. Attachments: Satisfaction of Mortgage-Area Dev. Corp Satisfaction of Mortgage-Area Dev Corp #2 Ordinance 3-84 Ordinance 2-83 Outstanding Conduit Debt report dated12/31/97 Brookings Lease City of Brookings Printed on 3/23/2017Page 1 of 1 powered by Legistar™ Prepared by: STEVEN J. BRITZMAN Attorney at Law 521 Sixth Street, Suite 104 Brookings, SD 57006 (605) 697-9058 SATISFACTION OF MORTGAGE ____________________ The City of Brookings, a South Dakota Municipal Corporation of Brookings, State of South Dakota, as the Mortgagee, HEREBY CERTIFIES, that a certain Mortgage dated the 10th day of May, 1983, executed by Area Development Corporation, Mortgagor, to the City of Brookings, South Dakota, a Municipal Corporation, Mortgagee, upon the following real property located in the County of Brookings, State of South Dakota: Replat of Lot One (1), Block Seven (7), Moriarty’s Second Addition to the City of Brookings, County of Brookings, State of South Dakota, and recorded in the office of the Register of Deeds of said Brookings County, South Dakota, in Book 132 of Mortgages, at pages 771-777 thereof, at 10:55 o’clock A.M., on the 10th day of May, 1983, is, with the indebtedness thereby secured, fully paid, satisfied and discharged. Dated this 28th day of March, 2017. CITY OF BROOKINGS, SD By: Scott Munsterman Its: Mayor ATTEST: Shari Thornes, City Clerk STATE OF SOUTH DAKOTA ) ) ss County of Brookings ) On this the ____day of March, 2017, before me, _____________________________________, the undersigned officer, personally appeared Scott Munsterman, Mayor and Shari L. Thornes, City Clerk of Brookings, South Dakota, a South Dakota Municipal Corporation, known to me or satisfactorily proven to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the within and foregoing instrument on behalf of the City of Brookings, South Dakota, as the free act and deed of the City of Brookings, South Dakota. In witness whereof, I hereunto set my hand and official seal. ___________________________________ Notary Public, State of South Dakota My Commission expires __________________. Prepared by: STEVEN J. BRITZMAN Attorney at Law 521 Sixth Street, Suite 104 Brookings, SD 57006 (605) 697-9058 SATISFACTION OF MORTGAGE ____________________ The City of Brookings, a South Dakota Municipal Corporation of Brookings, State of South Dakota, as the Mortgagee, HEREBY CERTIFIES, that a certain Mortgage dated the 15th day of April, 1984, executed by Area Development Corporation, Mortgagor, to the City of Brookings, South Dakota, a Municipal Corporation, Mortgagee, upon the following real property located in the County of Brookings, State of South Dakota: Replat of Lot One (1), Block Seven (7), Moriarty’s Second Addition to the City of Brookings, County of Brookings, State of South Dakota, and recorded in the office of the Register of Deeds of said Brookings County, South Dakota, in Book 135 of Mortgages, at pages 822-830 thereof, at 4:00 o’clock P.M., on the 19th day of April 1984, is, with the indebtedness thereby secured, fully paid, satisfied and discharged. Dated this 28th day of March, 2017. CITY OF BROOKINGS, SD By: Scott Munsterman Its: Mayor ATTEST: Shari Thornes, City Clerk STATE OF SOUTH DAKOTA ) ) ss County of Brookings ) On this the ____ day of March, 2017, before me, _____________________________________, the undersigned officer, personally appeared Scott Munsterman, Mayor and Shari L. Thornes, City Clerk of Brookings, South Dakota, a South Dakota Municipal Corporation, known to me or satisfactorily proven to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the within and foregoing instrument on behalf of the City of Brookings, South Dakota, as the free act and deed of the City of Brookings, South Dakota. In witness whereof, I hereunto set my hand and official seal. ___________________________________ Notary Public, State of South Dakota My Commission expires __________________. 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 17-035,Version:1 Action on Resolution 17-035, a Resolution Concurring in the Placement of Stop Signs on 5 th Street at its intersection with 13th Avenue. Summary: This resolution will approve two-way stop signs on 5th Street at its intersection with 13th Avenue. Background: The Traffic Safety Committee discussed the issue of installing two-way stop signs at the intersection of 5th Street and 13th Avenue at their May 12, 2016 and March 9, 2017 meetings. The committee discussed traffic on 13th Avenue, which has increased with more student housing in the area and new restaurants at 6th Street and 13th Avenue. The City Engineering Department performed a traffic study during peak times on March 2, 2017, and found that the north/south traffic at that intersection was much higher than the east/west traffic. There is a valley gutter on the north side of the intersection, which causes the 13th Avenue vehicles to slow down. The committee reviewed the Manual of Uniform Traffic Control Devices (MUTCD), Section 2B.04, Right of Way at Intersections. The committee concluded that this intersection met the warrants for 2- way stop signs on 5th Street since the 13th Avenue had the higher volume of traffic. The MUTCD states the following: “Section 2B.04, Right of Way at Intersections. “Guidance: Engineering judgement should be used to establish intersection control. The following factors should be considered: A. Vehicular bicycle and pedestrian traffic volumes on all approaches B. Number and angle of approaches C. Approach Speeds D. Sight distance available on each approach E. Reported crash experience.” Using the volume warrant “A”, it is recommended to locate the stop signs on the 5th Street leg of the intersection, letting the north/south traffic have the through movement. The MUTCD also states in Section 2B.07, “Once the decision has been made to control an intersection, the decision regarding the appropriate roadway to control should be based on engineering judgement. In most cases, the roadway carrying the lowest volume of traffic should be controlled.” In this case, 5th Street would be the warranted location for the stop signs since the traffic volume is higher on 13th Avenue. The Traffic Safety Committee voted unanimously to approve stop signs on 5th Street at its intersection with 13th Avenue. (See attached drawing). The following is an excerpt from the unapproved Traffic Safety Committee minutes: City of Brookings Printed on 3/23/2017Page 1 of 3 powered by Legistar™ File #:RES 17-035,Version:1 Excerpt from Unapproved Minutes: BROOKINGS TRAFFIC SAFETY COMMITTEE City & County Government Center, Room 241 Thursday, March 9, 2017 12:10 p.m. The Brookings Traffic Safety Committee held its monthly meeting on Thursday, March 9, 2017 at 12:10pm in the City & County Government Center, Room 241. Members Present: Skip Webster, Jackie Lanning, Carol Rettkowski, John Howard, Kacie Richard, Gary Gramm, Jeff Miller, Matt Bartley and Gregg Jorgenson Members Absent: Tim Heaton, Brian Leuders, Tony Sonnenburg, Shayn Damm and James Weiss Others Present: Brian Gatzke, Ed and Lois Darrington, Roger Jenner Call to Order:Howard called the meeting to order. Miller/Webster made a motion to approve the minutes from the February 9, 2017 meeting.All present voted aye. Motion passed. Additions to Agenda:None. Old Business: Discussion on request for yield signs or stop signs at the intersection of 4th Street and 13th Avenue Lanning updated the committee on this item and the Traffic Safety Committee voted last summer to recommend 2 way stop signs at this intersection, and the City needed to perform a traffic study to determine which direction the stop signs should be placed. Lanning talked with an engineering consultant at HDR about this intersection. They advised when there is a change in volume of traffic, the direction with the lower volume of traffic should have the stop signs which lets the traffic flow on the higher volume street. The City studied the intersection for 2 hours in the morning, 2 hours at noon, and 3 hours in the evening. Each time slot had roughly double the traffic in the north/south direction compared to the east/west traffic. The morning peak time had 111 vehicles N/S and 83 vehicles E/W, the noon peak time had 135 vehicles N/S and 43 vehicles E/W and the afternoon peak time had 232 N/S and 109 vehicles E/W. Lanning said using the Manual of Uniform of Traffic Control Devices (MUTCD) with that data, she read from Section 2B.04, Right of Way at Intersections. “Guidance: Engineering judgement should be used to establish intersection control. The following factors should be considered: A. Vehicular bicycle, and pedestrian traffic volumes on all approaches B. Number and angle of approaches C. Approach Speeds and D. Sight distance available on each approach E. Reported crash experience.” Lanning stated using the volume warrant “A”, you would choose putting the stop signs on the 5th Street leg of the intersection, letting the north/south traffic have the through movement. Lanning also stated from MUTCD, Section 2B.07, “Once the decision has been made to control an intersection, the decision regarding the appropriate roadway to control should be based on engineering judgement. In most cases, the roadway carrying the lowest volume of traffic should be controlled.” The property owners in the area were invited to the meeting. Two property owners called Lanning to state they were in favor of the stop signs, but didn’t have a recommendation which direction but both said there was a lot more traffic in the area. Brian Gatzke, 512 13th Avenue said there was a lot of th City of Brookings Printed on 3/23/2017Page 2 of 3 powered by Legistar™ File #:RES 17-035,Version:1 traffic in the area and Darringtons live on the corner at 1335 5th Street and would support their suggestion on the stop sign location. He stated there is the college, Hillcrest and pool traffic in the area. Lois Darrington said there are a lot of people who walk on the sidewalk which is attached to the curb, and was afraid if parking was removed that people would drive faster. She said children biking west from the pool aren’t seen by cars going north and south, and cars don’t see vehicles backing out of their driveway. The committee discussed that vehicles can’t park 30 feet from a stop sign. Roger Jenner, 1318 5th Street, said that 13th Avenue was a narrow street and that parking should be removed from one side of the street. Darrington stated they were in favor of keeping the parking to slow cars down. Webster said that last month the City Council approved stop signs on the 13 th Avenue side of 4th Street and wondering what the difference was. Lanning described that 4th Street and 13th Avenue had visibility issues with trees and there is a jog on the 13th Avenue sides of the intersection. She said HDR had recommended that each intersection is looked at individually. Darrington mentioned cars drive fast on 5th Street. Jenner pointed out there is only parking on one side of 5th Street, and 13th Avenue may be narrower. Darrington said that most of the foot traffic is on the east side of 13th Avenue. The committee discussed the parking that was already removed on 13th Avenue north of 5th Street and also discussed the traffic signal at 6th Street and 12th Avenue. Jorgenson made a motion to install stop signs on the east and west sides of the 5 th Street and 13th Avenue intersection, which was seconded by Webster. All present voted aye. Motion passed. Fiscal Impact: The City will purchase and install two stop signs. Recommendation: Staff recommends approval. Attachments: Resolution Map City of Brookings Printed on 3/23/2017Page 3 of 3 powered by Legistar™ Resolution 17-035 Concurring in the Placement of Stop Signs on 5th Street at its Intersection with 13th Avenue Whereas, Section 82-373 of the Revised Ordinance of the City of Brookings, provides for approval by the City Council for placement of stop signs in locations other than along through streets. Now, Therefore, Be It Resolved that the City Council concurs in the recommendation of the Traffic Safety Committee and the City Manager and approves the placement of 2- way stop signs on 5th Street at its intersection with 13th Avenue. Passed and approved this 28th day of March, 2017. CITY OF BROOKINGS ___________________________________ Scott Munsterman, Mayor ATTEST: _____________________________________ Shari Thornes, City Clerk 5TH ST 5TH ST 13TH AVE13TH AVE13TH AVE