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HomeMy WebLinkAbout2017_04_25 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, April 25, 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 2017-0265 Action to approve the March 28 and April 18 City Council Minutes. 3/28/2017 Minutes 4/18/2017 Minutes Attachments: 3.C.ID 2017-0267 Action on various appointments to City Boards, Committees and Commissions. 3.D.ID 2017-0268 Action on University Community Coalition appointments. Page 1 City of Brookings April 25, 2017City Council Meeting Agenda 3.E.RES 17-046 Action on Resolution 17-046, a Resolution authorizing the Brookings Summer Arts Festival Committee to have exclusive use of Pioneer Park. ResolutionAttachments: 3.F.RES 17-045 Action on Resolution 17-045, Resolution Fixing Time and Place For Hearing Upon Assessment Roll For Sidewalk Assessment Project No. 2016-01SWR (2016 Sidewalk Repair Sites). 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. SDSU Student Association Report. 6. Contracts/Change Orders: 6.A.RES 17-047 Action on Resolution 17-047, a Resolution Awarding a Contractor for the purchase of one New Asphalt Zipper for the City of Brookings Street Department. Resolution Asphalt Zipper Quote HGAC Contract City of Brookings Contract Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.B.RES 17-042 Action to approve Resolution 17-042, a Resolution awarding the Bid for 2017-04STI, Traffic Signal Improvements Project, 2nd Street South & Main Avenue South and 5th Street South & Medary Avenue South. Resolution Award Recommendation Letter Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.C.RES 17-044 Action to approve Resolution 17-044, a Resolution awarding the Bid for 2017-01SWR, Concrete Maintenance Project. ResolutionAttachments: Action: Motion to Approve, Request Public Comment, Roll Call Page 2 City of Brookings April 25, 2017City Council Meeting Agenda 6.D.RES 17-041 Discussion and possible action on Resolution 17-041, a Resolution amending the City of Brookings Investment Policy pertaining to local bidding preference. ResolutionAttachments: 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 17-009 Introduction and First Reading on Ordinance 17-009, an Ordinance rezoning Lots 4, 5, & 6, Block 17, Prairie Hills Addition and the SW 1/4 of the SE 1/4, excluding platted areas in Section 2-T109N-R50W. Public Hearing: May 9, 2017. Ordinance Hearing Notice 04/04/2017 Planning Commission Minutes Current Zoning Map Proposed Zoning Map Exhibit Attachments: 7.B.ORD 17-010 Introduction and First Reading on Ordinance 17-010, an Ordinance pertaining to a Conditional Use Permit for outdoor storage, on Lot 3 Le Fevre Addition, also known as 3100 6th Street. Public Hearing: May 9, 2017. Ordinance Hearing Notice 04/04/2017 Planning Commission Minutes Application & Letter Area Map Site Map Site Plan Attachments: 7.C.ORD 17-011 Introduction and First Reading on Ordinance 17-011, an Ordinance Establishing What Hours Public Parks and Playgrounds are open to the Public in the City of Brookings, South Dakota. Second Reading: May 9, 2017. OrdinanceAttachments: 7.D.ORD 17-012 Introduction and First Reading on Ordinance 17-012, an Ordinance amending the Zoning Ordinance of the City of Brookings pertaining to Section 94-1 Definition of Yard, Primary Front, for the purposes of administration of the Zoning Ordinance. Public Hearing: May 9, 2017. Page 3 City of Brookings April 25, 2017City Council Meeting Agenda Ordinance- Clean Copy Ordinance- Marked Up Hearing Notice 04/04/2017 Planning Commission Minutes Exhibit Comparison Chart Attachments: 8. Public Hearings and Second Readings: 8.A.ORD 17-008 Public Hearing and Action 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. Ordinance Ordinance - marked version Ordinance - marked version - posted 4.19.2017 Letter from Moss & Barnett - posted 4.19.2017 Notice PC Minutes 3-14-2017 SDN Presentation SDN Small Cell Brochure Small Cell Permit Application Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.B.RES 17-048 Action on Resolution 17-048, a Resolution Amending the Fee Schedule of the City of Brookings, South Dakota (Small Cell, DAS, and Wi-Fi Facilities Permit). ResolutionAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 9. Other Business: 9.A.RES 17-040 Action on Resolution 17-040, a Resolution Repealing and Replacing Resolution 15-079 Pertaining to the Sale of Surplus Real Property. Resolution 17-040 Resolution 15-079 Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.B.ID 2017-0269 Discussion and Possible Action on the 6th Street shared-use Bicycle Transportation Path Design on the north side of 6th Street between Main Avenue and Medary Avenue. Page 4 City of Brookings April 25, 2017City Council Meeting Agenda Staff Memo for Bicycle Advisory Committee Meeting Map Mailing List Bicycle Master Plan Excerpt Engineering Cost Estimate 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 5 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 2017-0265,Version:1 Action to approve the March 28 and April 18 City Council Minutes. Attachments: 3/28/2017 Minutes 4/18/2017 Minutes City of Brookings Printed on 4/20/2017Page 1 of 1 powered by Legistar™ Brookings City Council March 28, 2017 (unapproved) The Brookings City Council held a meeting on Tuesday, March 28, 2017 at 6:00 p.m., at City Hall with the following City Council members present: Deputy Mayor Keith Corbett, and Council Members Mary Kidwiler, Dan Hansen, Ope Niemeyer, Nick Wendell, and Patty Bacon. Mayor Scott Munsterman was absent. 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 Wendell, to approve the Consent Agenda. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 – Munsterman. 3.A. Action to approve the agenda. 3.B. Action to approve the February 28 and March 14 City Council Minutes. 3.C. Action on Resolution 17-039, a Resolution declaring miscellaneous Airport furniture Surplus Property. 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; and 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, SD, that this property be declared surplus property according to SDCL Chapter 6-13. 3.D. 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 E 30’ Lot 7, LeFevre Addition. 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. 3.E. 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 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. 3.F. Action authorizing the Mayor to sign a letter of support for a Multi- Jurisdictional Grant for a Pre-Disaster Mitigation Plan. 3.G. Action on Resolution 17-043, a Resolution declaring 1998 Freightliner FL-60 Water Tender as Surplus Property. 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. 3.H. Action on Resolution 17-038, a Bridge Reinspection Program Resolution for use with SDDOT Retainer Contracts. 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. 3.I. 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). 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 of $238,708.98; Engineering, inspection, fiscal, legal expense, publication of $2,331.97; for a Total Expense of $241,040.95. 4. The total cost of said improvement shall be paid as follows: City Repair Costs of $200,494.89, and Assessable costs of $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%). Invitation: Dr. Laura Renee Chandler, Assistant Professor at SDSU, invited the Council and public to attend the Town Hall on Race and Marginalized Communities featuring Sybrina Fulton on Sunday, April 30, 2017. Resolution 17-036. A motion was made by Council Member Niemeyer, seconded by Council Member Kidwiler, that 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, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 – Munsterman. 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. FIRST READING – Ordinance 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 17-007.A Second Reading was held on Ordinance 17-007 an Ordinance authorizing Supplemental Appropriation #1 to the 2017 Budget. A motion was made by Council Member Kidwiler, seconded by Council Member Hansen, that Ordinance 17- 007 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 – Munsterman. Resolution 17-034. A public hearing was held on Resolution 17-034, a Resolution Levying Assessment for 2017 Assessment of the 2014-02STA, Main Avenue South and 26th Street South Reassessment. A motion was made by Council Member Bacon, seconded by Council Member Wendell, that Resolution 17-034 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 – Munsterman. 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. Presentation of the City of Brookings Financial Report. Shawna Costello, Finance Director, presented the 2016 “unaudited’ Annual City of Brookings Financial Report. Satisfaction of Mortgage. A motion was made by Council Member Hansen, seconded by Council Member Bacon, to authorize the Mayor to sign a Satisfaction of Mortgage executed by Area Development Corporation. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 – Munsterman. Resolution 17-035.A motion was made by Council Member Wendell, seconded by Council Member Kidwiler, that Resolution 17-035, a Resolution Concurring in the Placement of Stop Signs on 5 th Street at its intersection with 13th Avenue, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 – Munsterman. Resolution 17-035 - Concurring in the Placement of Stop Signs on 5th Street at its Intersection with 13 th 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 5 th Street at its intersection with 13th Avenue. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Wendell, to adjourn the meeting at 6:25 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS Scott Munsterman, Mayor ATTEST: Shari Thornes, City Clerk Brookings City Council April 18, 2017 (unapproved) The Brookings City Council held a special meeting on Tuesday, April 18, 2015 at 5:00 p.m., at City Hall with the following members present: Deputy Mayor Keith Corbett, Council Members Dan Hansen, Ope Niemeyer, Mary Kidwiler, Nick Wendell and Patty Bacon. Mayor Scott Munsterman was absent. City Attorney Steve Britzman and City Clerk Shari Thornes were also present. Resolution 17-049.A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, that Resolution 15-049, a Resolution Canvassing the April 11, 2017 Election, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell; Absent: 1 – Munsterman. Resolution 17-049 - Canvassing the April 11, 2017 Municipal Election Whereas, on the 11th day of April, 2017, there was held in the City of Brookings, South Dakota, an election for the purpose of electing a Mayor (1-Year Term) and two City Council Members (3-Year Terms); and Whereas, the judges and clerks of said election have returned to the City Council of the City of Brookings the official results for the purpose of the Official Canvass; and Whereas, the City Council on April 18, 2017 has canvassed the results for the purpose of determining the official election outcome; and Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South Dakota that the official vote at the City Election held April 11, 2017 was as follows: Mayor 1-Year Term (1) Keith W. Corbett Don Diamond Patty Bacon Over Votes Under Votes Total Ballots Cast School Only Ballots Cast Total Votes Cast Vote Center 1 324 43 321 0 9 733 36 697 Vote Center 2 567 66 294 0 7 951 20 931 Vote Center 3 151 17 82 0 1 267 16 251 Vote Center 4 2 1 1 0 0 102 98 4 Absentee 239 18 131 0 1 401 12 389 Provisional Ballot 0 0 0 0 0 0 0 0 TOTAL 1,280 145 829 0 18 2,454 182 2,272 City Council 3-Year Term (2) Oepke ‘Ope’ Nieme yer Nick Schmei chel Isaiah (James) Croatt Dan Hansen Over Votes Under Votes Total Ballots Cast School Only Ballots Cast Total Votes Cast Vote Center 1 398 269 74 458 8 187 733 36 1,394 Vote Center 2 619 309 71 635 24 204 951 20 1,862 Vote Center 3 153 100 20 177 2 50 267 16 502 Vote Center 4 2 2 0 4 0 0 102 98 8 Absentee 236 102 35 279 4 122 401 12 778 Provisional Ballot 0 0 0 0 0 0 0 0 0 TOTAL 1,408 782 200 1,553 38 563 2,454 182 4,544 2,454 indicated on grand total ballots cast, however, this includes 182 school-only ballots cast. Adjourn.A motion was made by Council Member Hansen, seconded by Council Member Wendell, that the meeting be adjourned at 5:10 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 #:ID 2017-0267,Version:1 Action on various appointments to City Boards, Committees and Commissions. Summary: Mayor Scott Munsterman has submitted the following appointment recommendations for City Council advice and consent: Airport Board Number of positions:1 Term Length:5 years Residency Requirement:City required for majority The Airport Board gives recommendations to city staff for the management, supervision, regulations, and care for the Brookings Regional Airport. Any rules or regulations are subject to approval of the City Manager. Mayor’s Recommendation 1.Reappoint Lynn Riedesel Board of Adjustment Number of positions:1 Term Length:3-years Residency Requirement:Required or reside within Joint Jurisdictional Area The Board of Adjustment has the authority to act on variances or special exceptions to the zoning ordinance. Four of the five members must vote in the affirmative for a motion to pass. Mayor’s Recommendation 1.Appoint Teresa Binkley Historic Preservation Commission Number of positions:1 Term Length:3 years Residency Requirement:Required The purpose of the Historic Preservation Commission is to allow the city to engage in a comprehensive program of historic preservation to promote the inspiration, pleasure, and enrichment of the citizens of Brookings through identification, documentation, preservation, promotion, and development of the city’s historic resources. Membership requirements, National Park Service, and State Law: All Certified Local Government “CLG” Commissions must maintain at least two “professional” members from the disciplines of history, architectural history, architecture, archeology, planning, urban planning, American studies, American civilization, cultural geography or cultural anthropology. At least three of the total membership must be non-professional members, who represent a demonstrated interest, City of Brookings Printed on 4/20/2017Page 1 of 3 powered by Legistar™ File #:ID 2017-0267,Version:1 experience, or knowledge in historic preservation. Mayor’s Recommendation 1.Appoint Carrie Kuhl Human Rights Committee Number of positions:1 (Student Representative) Term Length:1 year Residency Requirement:Not required The Human Rights Committee has the power to investigate alleging discrimination. Other programs include: ·The study of the existence, character, causes and extent of discrimination in employment, housing and public accommodations, property rights, education and public services. ·Advise and provide a forum for those subjected to unfair and discriminatory practices in the City and County. ·Advise City officials concerning issues of discrimination. ·Conducting educational programs and disseminates information to further the committee’s policy to eliminate discrimination in the city. Mayor’s Recommendation: 1.Reappoint Meagan Irvine-Miller (Student Representative) Park & Recreation Board Number of positions:1 (High School Student Representative) 1 (College Student Representative) 2 (3-year term positions) Term Length:3 years (except student positions - 1 year) Residency Requirement:Not required The Park & Recreation Board provides advice to the Director of Parks, Recreation and Forestry to assist in fulfilling the administering of the public park system, recreation programs and city forestry program. The Board also advises the City Council and makes recommendations on matters regarding park capital improvements and planning. Mayor’s Recommendation: 1.Reappoint Steve Berseth 2.Reappoint Sean Binker 3.Reappoint Thomas Thvedt (High School Representative) 4.Appoint Cole Moderegger (College Student Representative) Sustainability Council Number of positions:1 (student representative) Term Length:1 year Residency Requirement:City required for majority The purpose of the Sustainability Council is to investigate, propose, educate, communicate, and advocate investment strategies and policies that will improve our future quality of life while still meeting the needs of the present. City of Brookings Printed on 4/20/2017Page 2 of 3 powered by Legistar™ File #:ID 2017-0267,Version:1 Mayor’s Recommendation 1.Appoint Caleb Vukovich Utility Board Number of positions:1 Term Length:5 years Residency Requirement:Required (resident and land owner) The Utility Board is an administrative body responsible for the management and control of the electric, water, wastewater and telephone utilities of the City of Brookings. Mayor’s Recommendation: 1.Reappoint Doug Carruthers City of Brookings Printed on 4/20/2017Page 3 of 3 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2017-0268,Version:1 Action on University Community Coalition appointments. Summary: Council action is requested to appoint the following individuals to the University Community Coalition. University Community Coalition At-Large Members: 1.Tom Becker 2.Kristina Lankow 3.Jennifer Johnson 4.Brian Kramme 5.Stacy Aesoph The UCC shall be comprised of a maximum eleven (11) members: ·Brookings City Manager or designee ·Brookings Chief of Police or designee ·SDSU Student Association President or designee ·SDSU State and Local Chair or designee ·SDSU VP of Student Affairs or designee ·SDSU VP of Public Safety and Security or designee ·At-large ·At-large ·At-large ·At-large ·At-large A maximum of five (5) at-large positions would be appointed by the Mayor and approved by the City Council. No at large member would serve a term longer than two years with the ability to be reappointed. The at-large appointments should consider issues facing the University and Community (i.e. university administrators and faculty, SDSU student, business leader, property owner, involved community member, bar proprietor). Expectations of members: ·Appoint a chair to conduct meetings and manage the agenda. ·Adhere to code of ethics and city open meeting policies. ·Work to achieve community wide solutions and not represent an individual member's goals or platform. Purpose: The Brookings community and South Dakota State University (SDSU) have a long history of collaboration and cooperation for their mutual benefit. The purpose of this University Community City of Brookings Printed on 4/20/2017Page 1 of 2 powered by Legistar™ File #:ID 2017-0268,Version:1 Coalition is to identify, investigate, propose and advocate practices and policies that will improve the well-being of the university-community relationship and the quality of life in Brookings. In addition, the University Community Coalition will create a platform for effective communication between the Brookings community and South Dakota State University. Objectives: ·Provide a venue for collaboration and communication; ·Identify, investigate, and promote activities, practices, and policies that improve the university and community relationship; ·Explore where the Campus and Community can help each other attain its mission and vision; ·Enhance students off-campus experiences and encourage connectivity with the greater Brookings community; ·Encourage community members’ connectivity with university programs and events; ·Create initiatives to encourage public safety, community health, and a high quality of life for students and community members; and ·Provide a venue for community-wide discussion on issues affecting both the University and Brookings community; Expectations of the Coalition: Issues can be referred to the Coalition from the City Council, SDSU President’s Executive Council, SDSU Student Association, SDSU Academic Senate for assistance and advice. In addition to issues referred to them the Coalition will have a minimum of one open forum per year to hear issues and suggestions from the Brookings Community and the Campus Community. The Coalition will meet as needed to identify and promote activities, practices, and policies that will resolve issues and attain the stated objectives. The Coalition will also have an annual forum to review the year. The annual forum will include university administration, city officials, and student leaders. An annual report will be generated and published to the University President, the President’s Executive Council, the Mayor, and the City Council. This report will be a public document. Recommendation: Staff recommends approval. City of Brookings Printed on 4/20/2017Page 2 of 2 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 17-046,Version:1 Action on Resolution 17-046, a Resolution authorizing the Brookings Summer Arts Festival Committee to have exclusive use of Pioneer Park. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 4/20/2017Page 1 of 1 powered by Legistar™ Resolution 17-046 A Resolution authorizing the Brookings Summer Arts Festival Committee to have Exclusive Use of Pioneer Park Whereas, the Brookings Summer Arts Festival will be held in Pioneer Park on July 8-9, 2017; and Whereas, the Summer Arts Festival Committee has requested the exclusive use and control of Pioneer Park and its facilities for said festival, plus additional days for preparation and takedown; and Whereas, the Summer Arts Festival Committee will provide evidence of liability insurance coverage including the City of Brookings as named insured; and Whereas, the Summer Arts Festival Committee has agreed to accept responsibility for the conduct of the Summer Arts Festival on said premises. Now Therefore Be It Hereby Resolved that the use of Pioneer Park and its facilities as a public park shall terminate for the period of July 3 through July 11, 2017. Be It Further Resolved, that the City Council does hereby grant the exclusive use of Pioneer Park and its facilities during the Brookings Summer Arts Festival to the Summer Arts Festival Committee. Further, It Is Resolved, that the Summer Arts Festival Committee shall be responsible for maintaining said facilities and cleaning them and returning them to the City of Brookings in good condition following the festival. Passed and approved this 25 th day of April, 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 17-045,Version:1 Action on Resolution 17-045, Resolution Fixing Time and Place For Hearing Upon Assessment Roll For Sidewalk Assessment Project No. 2016-01SWR (2016 Sidewalk Repair Sites). Summary: This resolution will set the public hearing date for Tuesday, May 9, 2017 for the Sidewalk Assessment Project No. 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. The project was closed out and the City is proceeding with the assessment process to bill the property owners for their sidewalk construction costs. Resolution No. 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. The City will mail each property owner a notice of the public hearing and a copy of the assessment roll which details the cost of the sidewalk repairs. This resolution will set the time and place for the public hearing, which will be held on Tuesday, May 9, 2017 at the 6:00 PM City Council Meeting. Fiscal Impact: The city will collect the sidewalk assessment costs for the trip hazard repairs. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 4/20/2017Page 1 of 1 powered by Legistar™ Resolution 17-047 Resolution Fixing Time and Place For Hearing Upon Assessment Roll For Sidewalk Assessment Project No. 2016-01SWR, (2016 Sidewalk Repair Sites) Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. The assessment roll for Sidewalk Assessment Project No. 2016-01SWR having been filed in the office of the City Clerk on the 19 th day of April, 2017, and the City Council shall meet in the Chambers at the City & County Government Center, 520 3rd Street, Brookings, SD on Tuesday, the 9th day of May, 2017, at 6:00 o'clock PM, the said date being not less than twenty (20) days from the filing of said assessment roll. 2. The City Engineer is authorized and directed to prepare a notice describing, in general terms Sidewalk Assessment Project No. 2016-01SWR, the date of filing the assessment roll, the time and place of hearing thereon, stating that the assessment roll will be open for public inspection at the office of the City Engineer and referring to the assessment roll for further particulars. 3. The City Clerk is authorized and directed to publish said notice in the official newspaper at least one week prior to the date set for hearing and to mail a copy thereof, by first class mail addressed to the owner or owners of any property to be assessed at his, her or their last mailing address as shown by the records of the Director of Equalization not less than ten nor more than twenty days prior to the hearing. Passed and approved this 25th day of April, 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 17-047,Version:1 Action on Resolution 17-047, a Resolution Awarding a Contractor for the purchase of one New Asphalt Zipper for the City of Brookings Street Department. Summary: The City of Brookings Street Department sought and received the following quote for one new AZ500 -B203 HP portable asphalt reclaimer and stabilizer from Asphalt Zipper, Inc. through the HGAC Cooperative Purchasing Program. This equipment item is part of the 2017 capital improvement equipment budget. Background: The Street Department is always looking for the most efficient means to perform roadway maintenance. The Asphalt Zipper will increase production of street repairs without adding additional personnel. It also expands versatility of the department by reclaiming asphalt roadways and stabilizing gravel surfaces. The ability to reclaim and stabilize the materials on-site will reduce material and hauling costs. Currently, the Department utilizes several different pieces of equipment involving several steps to accomplish the same function. This specialized equipment will consolidate several steps and save time and labor while improve efficiencies. Fiscal Impact: The capital for the expenditure of one AZ500-B203 HP portable asphalt reclaimer and stabilizer is to $157,190.00. The budgeted amount was $160,000. The total amount is to be financed in - house at $32,000.00 per year for five years with an internal loan from the liquor fund. Recommendation: Staff recommends approval. Attachments: Resolution Quote HGAC Contract City of Brookings Contract City of Brookings Printed on 4/20/2017Page 1 of 1 powered by Legistar™ Resolution 17-047 Resolution Awarding a Contractor for Purchase of One New Asphalt Zipper for the City of Brookings Street Department Whereas, the City of Brookings has sought and received the following quote for one new AZ500-B203 HP portable asphalt reclaimer and stabilizer from Asphalt Zipper, Inc. through the HGAC Cooperative Purchasing Program: Company Final Quote Price Asphalt Zipper, Inc.$157,190 The capital budget for the expenditure of one AZ500-B203 HP portable asphalt reclaimer and stabilizer is to be financed at $32,000.00 per year for 5 years. Now Therefore, Be it Resolved that the contract from Asphalt Zipper, Inc. in the amount of $157,190.00 be accepted. Passed and approved this 24th day of April, 2017. CITY OF BROOKINGS _________________________________ Scott Munsterman, Mayor ATTEST: ___________________________ Shari Thornes, City Clerk AZ500-B203 HP Unit Quote With Removable Side Shift and Tilt & Upgraded Trailer To: City of Brookings Date: May 11, 2016 Equipment: Asphalt Zipper AZ500B-203, Cummins 203HP Inter-Cooled Turbo Diesel Engine - (695 ft. lb. torque - Tier 3 Air & Dust Certified), Magnum Duty Planetary, Hydraulic Bucket Clamps, Hydraulic Open Hatch (easy access bit replacement), & Heavy Duty 48” Heavy Duty Cutter-Head. Included:  Shipping (within USA) & Training  Custom Duel Axel Trailer  Wireless Remote  25 Extra Cutting Teeth  5 Extra Blocks (tooth holders)  1 Brass Hammer (tooth replacement)  12 Month Warranty  1 Bit Puller (tooth replacement)  1 Curved Knock Out Punch (tooth replacement)  GatorPro Enhanced Pulverizing Containment System  300 Gal Water System  1 Asphalt Zipper Owners & Operators Manual With Removable Side Shift and Tilt & Upgraded Trailer $157,190 Total New Unit (sales tax not included) Using Municipal Purchase Program – Approx. $32,000 for 5 years Thank you, Dave Fokken Dave Fokken Office 801-847-3220 Cell 951-501-9328 Asphalt Zipper, Inc. Quote guaranteed for 6 months from Date of Quote A S P H A L T Z I P P E R W O R L D H E A D Q U A R T E R S 310 West 700 South • Pleasant Grove, UT 84062, USA • Phone: 801-847-3200 • FAX: 801-847-3250 • Toll Free: 1-888-ZIPPER-8 • www.asphaltzipper.com January 2016 Subject: Sole Source Justification for the Purchase of the Asphalt Zipper bucket mounted portable Asphalt Milling / Pulverizing / Reclamation / Trenching line of High Powered Attachment Machines and replacement parts. To Whom It May Concern: Asphalt Zipper, Inc. (“AZI”) is the sole manufacturer of the Asphalt Zipper line of bucket- mounted portable machines. These models include the AZ 212, AZ 300, AZ 360, AZ 400, AZ 500, AZ600, AZ800 and other models. Asphalt Zipper machines are very portable (each is transported on its own custom transport/storage trailer) and powerful (each is powered by its own independent EPA compliant turbo diesel engine or EPA compliant gasoline engine) and each feature our patented “Versa Mount” universal bucket mounting / hydraulic bucket clamping system. The proprietary designs, features and manufacture of all Asphalt Zipper bucket mounted attachments are protected by United States Patents #7036252, #7066555 and #7144087 with other U.S., Canadian and other international patents pending. This patented bucket mount system allows the Asphalt Zipper to be mounted to a wide variety of front-end loaders, and backhoes. This benefit not only gives our customers the ability to use different loaders or backhoes on the job site, but also if the customer’s host equipment breaks down the Asphalt Zipper can easily be mounted to a rental or loaner loader or backhoe. There are other companies that manufacture asphalt pulverizing or grinding machines that are either self-propelled, self-powered or draw power from the hydraulics of host equipment. Also, the component replacement parts are unique to Asphalt Zipper and its proprietary designs and are supplied by Asphalt Zipper direct to owners of our equipment. No other attachment self-powered Asphalt pulverizing machine uses a bucket mounting or bucket clamping system. Asphalt Zipper, Inc. has been manufacturing self-powered bucket mounted attachment machines since 1994 and has manufactured and sold over 2,300 machines in North America. In the United States, Asphalt Zipper, attachment machines are sold factory direct to each customer through Asphalt Zipper’s factory based and locally based sales employees. This unique sales approach allows Asphalt Zipper to sell to customers all across the United States at the same low price. The vast majority of Asphalt Zipper customers report complete satisfaction with the capability and affordability of owning and operating their Asphalt Zipper machines. Respectfully, Douglas M. Angus General Manager & CFO Asphalt Zipper, Inc. 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 17-042,Version:1 Action to approve Resolution 17-042, a Resolution awarding the Bid for 2017-04STI, Traffic Signal Improvements Project, 2nd Street South & Main Avenue South and 5th Street South & Medary Avenue South. Summary: This resolution will award bids for 2017-04STI, Traffic Signal Improvement Project, 2 nd Street South & Main Avenue South and 5th Street South & Medary Avenue South, to Bowes Construction Inc. Background: This project will include the removal of old traffic signals and replacement of curb ramps to meet ADA requirements at the intersections of 2nd Street South & Main Avenue South, and 5th Street South & Medary Avenue South. The project was designed by HDR Engineering and Banners Associates and will include installing new signal poles with mast arms and luminaire lights, controller cabinets, conduit, wiring, concrete curb & gutter and ramps, asphalt concrete and bicycle improvements. The intersection of 2nd Street South and Main Avenue South will include bicycle lanes and curb-side bicycle push buttons and the intersection of 5th Street South and Medary Avenue South will be constructed with the future shared use path connections as recommended in the Bicycle Master Plan. The bid letting for this project was held on Tuesday, April 18, 2017 in the Brookings City & County Government Center and the City received the following bid: Bowes Construction Inc.$579,233.68 The low bid of $579,233.68 is approximately 18% lower than the Banners Associates Engineering estimate of $705,000.00. Fiscal Impact: The City will enter into a contract with Bowes Construction Inc. for $579,233.68. Recommendation: Staff recommends approval. Attachments: Resolution Award Letter City of Brookings Printed on 4/20/2017Page 1 of 1 powered by Legistar™ Resolution 17-042 Resolution awarding the Bid for 2017-04STI, Traffic Signal Improvements Project, 2nd Street South & Main Avenue South, and 5 th Street South & Medary Avenue South Whereas, the City of Brookings opened bids for the 2017-04STI Traffic Signal Improvements Project, 2nd Street South & Main Avenue South and 5th Street South & Medary Avenue South on Tuesday, April 18, 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 the 2017-04STI Traffic Signal Improvements Project: Bowes Construction Inc. $579,233.68. Now Therefore, Be It Resolved that the low bid of $579,233.68 with Bowes Construction Inc. be accepted. Passed and approved this 25th day of April, 2017. CITY OF BROOKINGS ________________________________ Scott Munsterman, Mayor ATTEST: _________________________ Shari Thornes, City Clerk April 19, 2017 Ms. Jacqueline Lanning, PE City Engineer City of Brookings 520 3rd Street Brookings, SD 57006 Re: Contract Award 2017-04STI Traffic Signal Improvements BAI. No. 22534.00.00 Dear Ms. Lanning: Attached hereto is one (1) copy of the Certified Bid Tabulation for the 2017-04STI Traffic Signal Improvements project. Bids were received and opened for the unit price bid schedule on April 18, 2017. One (1) bid was received, opened and read for the project for $579,233.68. The engineer’s estimate was $705,000.00. The low bid was submitted by Bowes Construction, Inc. from Brookings, SD. All of the items submitted with the Bid appear to be in order, and Banner Associates recommends awarding the Contract to Bowes Construction, Inc. in the amount of $579,233.68. Banner has worked with Bowes on past projects and have found them to be a responsible and responsive contractor. We have been in contact with Bowes and they have requested we hold a pre-construction meeting in the near future so they can order the signal poles which have a significant lead time. If you have any questions or need anything further, please do not hesitate to contact me at (855) 323 - 6342 or by email at richu@bannerassociates.com. Sincerely, Richard Uckert, PE Banner Associates, Inc. Encl. 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 17-044,Version:1 Action to approve Resolution 17-044, a Resolution awarding the Bid for 2017-01SWR, Concrete Maintenance Project. Summary: This resolution will award bids for 2017-01SWR, Concrete Maintenance Project to Clark Drew Construction Inc, Brookings, SD. Background: This project is the Annual Concrete Project and entails construction of miscellaneous concrete work including curb and gutter repair, fillets, valley gutters, curb ramps, and sidewalk along vacant property. This project also includes homeowner trip hazards that weren’t repaired in the 2016 sidewalk area which is east of Medary Avenue South and between 6th Street and Orchard Drive and property owners in the 2017 sidewalk area who volunteered to be in the project, which is north of 6 th Street and east of Medary Avenue. The bid letting was held on April 18th, 2017 and the City received the following bids: Timmons Construction Inc., Brookings, SD $326,047.25 (no bid bond or check) Clark Drew Construction Inc., Brookings, SD $326,838.60 (bid bond) Big O Concrete Inc., Mitchell, SD $346,751.50 (bid bond) The Timmons Construction Inc. bid did not include a bid bond or a check as surety for the project. Steve Britzman, City Attorney, described that the bid bond, certified check or cashier’s check is a statutory requirement and cannot be waived since the project bid was over $50,000. Therefore, the Timmons Construction, Inc. bid for $326,047.25 will be rejected and the bid will be awarded to the next lowest bidder, Clark Drew Construction Inc. in the amount of $326,838.60. The SDCL reference is as follows: 5-18B-2. Certified check or cashier's check for percentage of bid or bid bond required. If the invitation for bids is for the construction of a public improvement, each bid shall contain a certified check or a cashier's check, for five percent of the amount of the bid. Such check shall be certified or issued by either a state or a national bank and payable to the purchasing agency or to an officer of the purchasing agency letting the contract and inviting bids. In lieu of a check, a bid may contain a bid bond for ten percent of the amount of the bid. Such bond to be issued by a surety authorized to do business in this state payable to the purchasing agency, as a guaranty that the bidder will enter into a contract with the purchasing agency, its board or officers thereof, in accordance with the terms of the letting and bid in case the bidder be awarded the contract. 5-18B-3. Waiver of check or bid bond requirement. Notwithstanding the provisions of § 5-18B-2, the requirement of a bid bond, certified or cashier's check, cash, or other security may be waived by the purchasing agency if the bid submitted does not exceed fifty thousand dollars. City of Brookings Printed on 4/20/2017Page 1 of 2 powered by Legistar™ File #:RES 17-044,Version:1 The Clark Drew Construction Inc. bid of $326,838.60 is approximately 15% lower than the engineer’s estimate of $385,688.75. Fiscal Impact: The City will enter into a contract with Clark Drew Construction Inc. for the bid amount of $326,838.60. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 4/20/2017Page 2 of 2 powered by Legistar™ Resolution 17-044 Resolution awarding the Bids for Project 2017-01SWR Concrete Maintenance Project Whereas, the City of Brookings opened bids for Project 2017-01SWR Concrete Maintenance Project on Tuesday, April 18, 2017 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for the 2017-01SWR Concrete Maintenance Project: Timmons Construction Inc: $326,047.25, Clark Drew Construction Inc: $326,838.60, and Big O Concrete Inc: $346,751.50; and Whereas, the bid for Timmons Construction Inc. shall be rejected due to lack of bid bond, certified check or cashier’s check as required by SDCL 5-18B-2. Now Therefore, Be It Resolved that the bid of $326,838.60 for Clark Drew Construction, Inc. be accepted. Passed and approved this 25th day of April, 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 17-041,Version:1 Discussion and possible action on Resolution 17-041, a Resolution amending the City of Brookings Investment Policy pertaining to local bidding preference. Summary: This amendment would provide specific criteria which would allow qualified local financial institutions a preference when awarding investment bids. Section 6.3 is amended to add a provision that would allow the closest, non-successful, local bidder the opportunity to match the high, non-local bidder. This post-bid match opportunity would only occur when the high bidder was a non-local institution. There would be no preference recognized among all local bidders. The purpose of this is to strike a balance between giving local financial institutions credit for their community investments to the local economy and still preserving the fiduciary responsibility of attempting to receive the highest rate of return possible. Attachments: Resolution City of Brookings Printed on 4/20/2017Page 1 of 1 powered by Legistar™ 1 Resolution 17-041 City of Brookings Investment Policy Amended: April 25, 2017 Objective:The purpose of “The City of Brookings Investment Policy” is to set investment objectives, policies, establish guidelines, and define responsibilities for the investment of funds for the City of Brookings. Policy:City of Brookings Investment Policy 1.0 Purpose ................................................................................................................... 2 2.0 Policy ....................................................................................................................... 2 3.0 Scope ....................................................................................................................... 2 4.0 Objective .................................................................................................................. 2 5.0 Standard of Care ..................................................................................................... 4 6.0 Authority and Responsibility …............................................................................. 5 7.0 Authorized Financial Dealers and Institutions ..................................................... 6 8.0 Authorized & Suitable Investments ...................................................................... 6 9.0 Safekeeping and Custody ...................................................................................... 7 10.0 Collateralization .................................................................................................... 7 11.0 Diversification ........................................................................................................7 12.0 Maximum Maturities ............................................................................................. 8 13.0 Reporting ............................................................................................................... 8 14.0 Policy Control ....................................................................................................... 8 GLOSSARY..................................................................................................................... 9 2 1.0 PURPOSE The purpose of “The City of Brookings Investment Policy” is to set investment objectives, policies, establish guidelines, and define responsibilities for the investment of funds for the City of Brookings. 2.0 POLICY The policy of the City of Brookings is to invest idle public funds in a manner based upon state law, that will provide the maximum security, sufficient liquidity, and competitive investment return to meet the daily cash flow demands of the City. The primary goals are: A. To ensure compliance with all Federal, State, and local laws governing the investment of public funds under the control of the City Manager. B. To protect the principal monies entrusted to the City’s Finance Department. C. Achieve a reasonable rate of return within the parameters of prudent risk management while minimizing the potential for capital losses arising from market changes or issuer default. 3.0 SCOPE This policy applies to the investment of all funds of Brookings, South Dakota. Except for funds held in trust or special funds that are otherwise specifically provided for, the city will consolidate the balances from all funds to maximize investment 3.1 Pooling of Funds Except for cash in certain restricted and special funds the City of Brookings will consolidate cash balances from all funds, including utilities and hospital, to maximize investment earnings and meet the liquidity requirements of the city subject to the primary objective of providing security of principal. Investment income will be allocated to the various funds based on their respective participation of capital in the overall portfolio in accordance with generally accepted accounting principles. 4.0 OBJECTIVE Pursuant to South Dakota Codified Law, Chapter 4-5-8 it is the policy of the City of Brookings to invest funds in a manner to meet the daily cash flow demands of the City. The primary objectives, in priority order, being: a) Safety of Principal b) Liquidity c) Return on Investments: 3 A) Safety of Principal Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate the following risks. 1. Credit Risk The City of Brookings will minimize credit risk, which is the risk of loss due to the failure of the investment issuer or backer, by limiting the portfolio to the types of investments listed in section8. Authorized and Suitable Investments of this policy and diversifying the investment portfolio to diminish the impact of potential losses from any one type of investment or from any one individual issuer. 2. Interest Rate Risk The City of Brookings will minimize interest rate risk, which is the risk that the market value of securities in the portfolio will fall due to changes in market interest rates, by structuring the portfolio to meet the cash requirements of ongoing operations, thereby mitigating the need to liquidate securities at a loss prior to maturity. 3. Concentration Risk The City of Brookings will minimize Concentration of Credit Risk, which is the risk of loss due to having a significant portion of resources invested in a single issuer, by diversifying the investment portfolio as described in section11. Diversification so the impact of potential losses from any one type of security or issuer will be minimized. Investments issued or explicitly guaranteed by the U.S. government and investments in mutual funds, external investment pools, and other pooled investments are excluded from this requirement. 4. Custodial Credit Risk The City of Brookings will minimize Custodial Credit Risk for deposits, which is the risk that in the event of the failure of a depository financial institution the deposits or collateral securities that are in the possession of an outside party would not be able to be recovered, as addressed in section10. Collateralization. The City of Brookings will minimize Custodial Credit Risk for investments, which is the risk that in the event of the failure of the counterparty to a transaction the value or collateral securities that are in the possession of an outside party would not be able to be recovered, as addressed in section9. Safekeeping and Custody. 4 B) Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should include securities with active secondary or resale markets (dynamic liquidity). Alternatively, a portion of the portfolio may be placed in money market mutual funds or local government investment pools which offer same-day liquidity for short-term funds. C) Return on Investments The portfolio shall be designed to obtain a reasonable rate of return throughout budgetary and economic cycles. The return on investments is to be accorded secondary importance compared to the safety and liquidity objectives described above. The core of investments will focus on relatively low risk securities with an expectation of earning a reasonable return relative to the risk being assumed. Securities shall not be sold prior to maturity, with the following exceptions: A security with declining value may be sold early to minimize loss of principal. A security may be exchanged to improve the quality, yield, or target duration in the portfolio. A security may be sold in order to satisfy liquidity requirements. When selling a security prior to maturity, the City Manager shall provide an explanation for any gains or losses. Policy compliance does not provide a benchmark to meet or exceed, but is a model to follow. The City will benchmark its portfolio performance to the appropriate “treasuries constant maturity” rate based on portfolio maturities of the investment plan. 5.0 Standard of Care 5.1 Prudence The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers, acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes. The “prudent person” standard states that “Investments shall be made with judgment and care, under circumstances then prevailing, which 5 persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.” 5.2 Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City of Brookings. The City Investment program shall be managed in a professional and prudent manner worthy of the public trust and review. 6.0 Authority and Responsibility 6.1 Authority In accordance with the City of Brookings, the responsibility for conducting investment transactions resides with the City Manager. The Finance Director, under the general direction of the City Manager, shall be responsible for all transactions undertaken and shall establish a system of controls to regulate activities. 6.2 Responsibility Parties shall refrain from personal business activity that could impair his/her ability to make impartial decisions. The Finance Director acting in accordance with this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual investment’s credit risk or market price changes, provided deviations form expectations are reported in a timely fashion and the liquidity and the sale of investments are carried out in accordance with the terms of this policy. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probably income to be derived. 6 6.3 Local Preference The City of Brookings strives to support the local economy and community. To honor this, the City will give a local preference to bids from qualified financial institutions in the City of Brookings by allowing a qualified local financial institution in 2nd place after the bidding process, to match the 1st place bid of a qualified financial institution that is not located in Brookings. Example: Financial Institution “A” not located in Brookings bids 1.2% Financial institution “B” located in Brookings bids 1% Financial Institution “C” located in Brookings bids .9% Financial Institution “A” has winning bid, however, if Financial Institution “B” is willing to match Financial Institution “A” bid, Financial Institution “B” will be awarded the bid. 7.0 Authorized Financial Dealers and Institutions 7.1 Selection Process A list of financial institutions authorized to provide investment services to the City of Brookings will be maintained. In addition, a list of broker/dealers will be maintained. This list may include both primary and regional dealers. Dealers will be approved by the Finance Director on the following: Credit worthiness License to conduct business in South Dakota Qualification under Securities and Exchange Commission (SEC) Rule 15C3-1 (uniform net capital rule) 8.0 Authorized & Suitable Investments The City of Brookings is empowered by statue to invest in the following types of securities: Interest bearing checking accounts Savings accounts United States Treasury bills, bonds and notes (SDCL 4-5-6) United States Government Agencies (SDCL 4-5-6) Securities issued by government-sponsored enterprises (GSEs) or federally related institutions that are guaranteed directly or indirectly by the US Government. Securities issued by the Government National Mortgage Association (GNMA or Ginnie Mae) are an example of securities directly guaranteed by the government. Securities issued by other GSEs may be allowable. Interest bearing checking accounts 7 Certificates of Deposit (CDs) (SDCL 9-22(municipalities), Certificates of Deposit (CDs) purchased through CDARS® (Certificate of Deposit Account Registry Service) (SDCL 4-5-6.1)* Money Market Mutual Funds - open-end, no-load (SDCL 4-5-6) Mutual and money market funds that invest in US Treasury securities or securities issued by GSEs or federally related institutions that are guaranteed directly or indirectly by the US Government. Repurchase Agreements fully collateralized by allowable securities (SDCL 4-5-6) South Dakota Public Funds Investment Trust (SD FIT) Local Government Investment Pool When investing in Certificates of Deposit (CDs) public funds will be invested at the highest rate of interest possible. The above listed authorized deposits will be kept in banks in South Dakota as required by SDCL 9-22-6. 9.0 Safekeeping and Custody -9.1 Delivery vs. Payment All trades of marketable securities, where applicable, will be executed by delivery vs. payment (DVP) to ensure that securities are deposited in an eligible financial institution prior to the release of funds. Securities will be held by a third party custodian as evidenced by safekeeping receipts. 9.2 Safekeeping Securities will be held by a centralized custodian selected by the city as evidenced by safekeeping receipts in the City’s name as per SDCL 4-5-9. 9.3 Internal Controls The Finance Director is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City of Brookings are protected from loss, theft, or misuse. The internal controls shall address the following points: Control of collusion Separation of transaction authority from accounting and recordkeeping Custodial safekeeping Delivery versus payment Clear delegation of authority Confirmation of transactions for investments and wire transfers 10.0 Collateralization 8 In accordance with the SDCL 4-6A and 51A-10-9 Qualified Public Depositories will furnish collateral in the sum equal to one hundred percent (100%) of the public deposit account that exceed deposit insurance. The Finance Director will review semi-annually the Under-Collateralized Bank Accounts report found on the SD Department of Legislative Audit website to ascertain compliance by financial institutions of adequate collateral coverage. SDCL 4-6A-3 requires that collateral be segregated by each depository in such manner as approved by the South Dakota Deposit Protection Commission. 11.0 Diversification The purpose of diversification is to reduce overall portfolio risk while attaining market rates of return and to enable the City of Brookings to meet all anticipated cash requirements. The investments shall be diversified by: Limiting investments to avoid over-concentration in securities of a specific issuer (excluding treasury bills). Limiting investment in securities that have higher credit risks. Investing in securities with varying maturities. 12.0 Maximum Maturities To the extent possible, the City of Brookings will attempt to match its investments with anticipated cash flow requirements. The City of Brookings will keep investments for duration not to exceed five (5) years 13.0 Reporting 13.1 Methods The Finance Director shall prepare an investment report quarterly for the City Council. This report will include the following: List of individual securities held at the end of the reporting period further broken down by issuer, purchase date, maturity date, coupon rate, par value, and yield to maturity. 13.2 Performance Standards The investment portfolio shall be designed with the objective of obtaining a competitive rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and cash flow needs. 14.0 Policy Control 14.1 Exemption Any investment currently held that does not meet the guidelines of this policy shall be exempted from the requirements of this policy as long as it was in compliance with State of South Dakota Law and the City’s 9 investment policy in effect at the time of purchase. At maturity or liquidation, such monies shall be reinvested only as provided by this policy. 14.2 Amendments This policy shall be reviewed to ensure consistency to overall objectives of safety, liquidity, yield, compliance to current law, and economic trends. 14.3 Requirements This investment policy is required by SDCL 4-5-8 and approved by the city council. Approved on July 24, 2000 Revised on March 26, 2001 Revised on July 27, 2004 Revised on January 25, 2011 Revised on January 10, 2017 Revised on April 25, 2017 City of Brookings Scott Munsterman, Mayor ATTEST: Shari Thornes, City Clerk 10 GLOSSARY AGENCY: A debt security issued by a federal or federally sponsored agency. Federal agencies are backed by the full faith and credit of the U. S. Government. Federally sponsored agencies (FSAs) are backed by each particular agency with a market perception that there is an implicit government guarantee. An example of a federal agency is the Government National Mortgage Association (GNMA). An example of an FSA is the Federal National Mortgage Association (FNMA). BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investment. BROKER: A broker brings buyers and sellers together for a commission. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CDs are typically negotiable. CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SERVICE (CDARS): A program with an approved depository that removes the need for collateral by providing full FDIC insurance for certificates of deposit. COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COUPON: (a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value. (b) A certificate attached to a bond evidencing interest due on a payment date. CREDIT RISK: The risk to an investor that an issuer will default in the payment of interest and/or principal on a security. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. DURATION: A measure of the timing of the cash flows, such as the interest payments and the principal repayment, to be received from a given fixed-income security. This calculation is based on three variables; term to maturity, coupon rate, and yield to 11 maturity. The duration of a security is a useful indicator of its price volatility for given changes in interest rates. FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. FIDUCIARY: Person, company, or association holding assets in trust of a beneficiary. INVESTMENT POLICY: A concise and clear statement of the objectives and parameters formulated by an investor or investment manager for a portfolio of investment securities. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. MARKET RISK: The risk that the value of a security will rise or decline as a result of changes in market conditions. MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET:The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded. PORTFOLIO: Collection of securities held by an investor. PRUDENT PERSON RULE: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state---the so-called legal list. In other states the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. 12 RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity. REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security “buyer” in effect lends the “seller” money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RP extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money that is, increasing bank reserves. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank’s vaults for protection. SPECULATION:Assumption of risk in anticipation of gain but recognizing a higher than average possibility of loss. TREASURY BILLS: A non-interest bearing discount security issued by the U. S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY BONDS: Long-term coupon-bearing U. S. Treasury securities issued as direct obligations of the U. S. Government and having initial maturities of more than ten years. TREASURY NOTES: Medium-term coupon-bearing U. S. Treasury securities issued as direct obligations of the U. S. Government and having initial maturities from two to ten years. VOLATILITY: A degree of fluctuation in the price and valuation of securities. YIELD: The rate of annual income return on an investment, expressed as a percentage. 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 17-009,Version:1 Introduction and First Reading on Ordinance 17-009, an Ordinance rezoning Lots 4, 5, & 6, Block 17, Prairie Hills Addition and the SW 1/4 of the SE 1/4, excluding platted areas in Section 2-T109N- R50W. Public Hearing: May 9, 2017. Summary: The applicants are requesting to rezone several lots in Prairie Hills and some adjacent un-platted property from Business B-2 District to Business B-3 Heavy District. Background: The vacant property is located at the intersection of Main Avenue South and 32 nd Street South of the northeast side. The land was zoned B-2 in 2011 and the lots were platted in 2015. The B-2 District allows for a moderate variety of retail and personal services uses. Due to current market demands, the owners would like to rezone the property to allow for both retail based services and heavier business uses. Findings of Fact: 1.The current Comprehensive Plan shows this area designated for future business uses. 2.The property has adequate street access and is located at the corner of two (2) arterial streets. 3.The general area is a mix of business and residential property. The rezoning area is not directly adjacent to any residentially zoned property. 4.City utilities are available to serve the property. 5.The property is not located in the floodplain. Planning Commission Recommendation: The Planning Commission voted 8-1 to recommend approval of the rezoning request. Attachments: Ordinance Hearing Notice 04/04/2017 Planning Commission Minutes Current Zoning Map Proposed Zoning Map Exhibit City of Brookings Printed on 4/20/2017Page 1 of 1 powered by Legistar™ Ordinance 17-009 An Ordinance to Change the Zoning within the City of Brookings: Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: Lots 4, 5, & 6, Block 17, Prairie Hills Addition and the SW ¼ of the SE ¼, excluding platted areas in Section 2-T109N-R50W, be and the same is hereby reclassified from a Business B-2 District to a Business B-3 Heavy District. In accordance with Section 94-7 of Article I of Ordinance 17-13 of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of Ordinance No. 17-13 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to said Ordinance No. 17-13 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading:April 25, 2017 Second Reading and Adoption:May 9, 2017 Published: May 12, 2017 CITY OF BROOKINGS ________________________ Keith Corbett, Mayor ATTEST: _________________________ Shari 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 PETITION TO REZONE NOTICE IS HEREBY GIVEN That David Jones, Jason Merkley, Foerster Testing Limited, LLC and Prairie Hills, LLC submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: Lots 4, 5, & 6, Block 17, Prairie Hills Addition and the SW ¼ of the SE ¼ excluding platted area, in Section 2-T109N-R50W from a Business B-2 District to a Business B-3 Heavy District. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on April 4, 2017, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the 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 March, 2017. ____________________________ Staci Bungard City Planner Planning Commission Brookings, South Dakota April 4, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, April 4, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Alan Gregg, Alan Johnson, Ryan Murphy, Lee Ann Pierce, Kristi Tornquist and Al Heuton. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, John Mills, Dustin Beringer, Branch Supervisor at Graybar, and others. Item #5a –David Jones, Jason Merkley, Foerster Testing Limited, LLC and Prairie Hills, LLC has submitted a petition to rezone Lots 4, 5, & 6, Block 17, Prairie Hills Addition and the SW1/4 of the SE1/4 excluding platted area, in Section 2-T109N-r50W from a Business B-2 District to a Business B-3 Heavy District. (Pierce/Fargen) Motion to approve the rezone request. Tornquist voted no. All others voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5a–John Mills explained that this request is to coincide with a request for a use that wasn’t allowed in the current B-2 zoning. Pierce wondered what other heavy business uses could be allowed if the rezone request is approved. John explained that the B-3 zoning would allow retail use that might have a lot of inventory outside or equipment sales. Bungard stated that temporary storage facilities would be allowed, a contractor shop, a lumber yard, and a motor vehicle and repair shop. Tornquist wondered if a better option would be to keep the zoning as a B-2, but allow certain Conditional Uses? Heuton doesn’t feel that there will be much development to the South or East and that protecting this area with zoning probably isn’t necessary. Struck explained that all the B-2 Zoning uses are still allowed in the B-3 Zoning, with some additional uses. In addition, there have been people looking for land which is zoned B- 3. A A JJ-A JJ-A JJ-A R-1B B-2 JJ-A R-1B JJ-B3 JJ-B3 JJ-A JJ-A JJ-R3A JJ-R1A JJ-A JJ-R3A B-2 JJ-R1B B-2 B-2 B-2B-2 B-2 JJ-R1B JJ-R1B JJ-R1B JJ-R1B JJ-R1BJJ-R1B JJ-R1B JJ-R1BJJ-R1B JJ-R1B JJ-R3A JJ-R1B JJ-R1B JJ-R1B JJ-R1B JJ-R1B JJ-R1B JJ-R1B B-2 JJ-R3A JJ-R1A JJ-AJJ-R3A JJ-R1B JJ-R1BJJ-R1BJJ-R1BJJ-R1B 3 2 N D S T SMAIN AVE SMAPLE DRHEATHER LN EM A P L E D R² Prairie Hills C urrent Zoning Map Legend Propos ed Rezoning A A JJ-A JJ-A JJ-A R-1B B-3 JJ-A R-1B JJ-B3 JJ-B3 JJ-A JJ-A JJ-R3A JJ-R1A JJ-A JJ-R3A B-3 JJ-R1B B-2 B-3 B-2B-2 B-3 JJ-R1B JJ-R1B JJ-R1B JJ-R1B JJ-R1BJJ-R1B JJ-R1B JJ-R1BJJ-R1B JJ-R1B JJ-R3A JJ-R1B JJ-R1B JJ-R1B JJ-R1B JJ-R1B JJ-R1B JJ-R1B B-2 JJ-R3A JJ-R1A JJ-AJJ-R3A JJ-R1B JJ-R1BJJ-R1BJJ-R1BJJ-R1B 3 2 N D S T SMAIN AVE SMAPLE DRHEATHER LN EM A P L E D R² Prairie Hills P roposed Zoning Map Legend Propose d Rezo ning 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 17-010,Version:1 Introduction and First Reading on Ordinance 17-010, an Ordinance pertaining to a Conditional Use Permit for outdoor storage, on Lot 3 Le Fevre Addition, also known as 3100 6th Street. Public Hearing: May 9, 2017. Summary: The applicant is requesting a conditional use permit to establish a storage yard for Graybar in a Business B-3 Heavy District. Background: The property is located along Lefevre Drive south of 6th Street. Graybar is an existing business that sells electrical materials to contractors and it is classified as a wholesale business in the B-3 District. The B-3 District allows for an outdoor storage yard as a conditional use with the following standards: Such uses shall screen all outdoor storage from adjacent properties. Outdoor storage shall not be located in the front yard or stacked higher than the fence height. Any lighting of the storage yard shall not cause a glare onto residential properties. Internal circulation shall be provided for loading and unloading areas. The site plan shows the outdoor storage area in the rear yard with a six (6) foot high fence surrounding the storage area. All truck delivering supplies will be using an internal circulation pattern. A conditional use is defined as a use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided in this chapter, of the impacts of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted. Planning Commission Recommendation: The Planning Commission voted 9-0 to recommend approval of the conditional use with the following condition: An eight (8) foot high chain link fence with slats shall be constructed around the outdoor storage area. Attachments: Ordinance 04/04/2017 Planning Commission Minutes Hearing Notice Application & Letter Area Map Site Map Site Plan City of Brookings Printed on 4/20/2017Page 1 of 1 powered by Legistar™ Ordinance 17-010 An Ordinance pertaining to an Application for a Conditional Use for Outdoor Storage in the Business B-3 Heavy District. Be It Ordained by the governing body of the City of Brookings, South Dakota that said Conditional Use shall be approved for Outdoor Storage on Lot 3, Le Fevre Addition, also known as 3100 6th Street, with the following conditions: 1. An eight (8) foot high chain link fence with slats shall be constructed around the outdoor storage area. All sections and ordinances in conflict herewith are hereby repealed. First Reading:April 25, 2017 Second Reading:May 9, 2017 Published:May 12, 2017 CITY OF BROOKINGS __________________________ Keith Corbett, Mayor ATTEST: ________________________________ Shari 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 APPLICATION FOR CONDITIONAL USE NOTICE IS HEREBY GIVEN THAT John Mills submitted an application for a Conditional Use on the following described real estate: Lot 3, Le Fevre Addition, also known as 3100 6th Street The request is to establish an outdoor storage yard as part of a wholesale trade business. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, April 4, 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 March, 2017. ____________________________ Staci Bungard City Planner Planning Commission Brookings, South Dakota April 4, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, April 4, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Alan Gregg, Alan Johnson, Ryan Murphy, Lee Ann Pierce, Kristi Tornquist and Al Heuton. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, John Mills, Dustin Beringer, Branch Supervisor at Graybar, and others. Item #6a – John Mills has submitted an application for Conditional Use on Lot 3, LeFevre Addition, also known as 3100 6th Street. The request is to establish an outdoor storage yard as part of a wholesale trade business. (Pierce/Fargen) Motion to approve the Conditional Use application. All present voted aye. MOTION CARRIED. (Tornquist/Pierce) Amendment to the motion to require that the fencing be slat fencing and 8’ in height. The motion as amended was voted on. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6a–John Mills explained that due to the construction work that the SDDOT is completing, the service road to Graybar is going to be removed. With the removal of this service road, Graybar needed to complete some changes to their current building and a loading dock had to be moved to the west side of their building on the southwest corner to allow for proper ingress and egress. Jon explained that during the remodel/construction phase, Graybar decided to explore some other business options and one of those was to store a variety of pipe and conduit on racks, outdoors. With this, they are needing to establish a storage yard for Graybar in a Business B-3 District. A storage yard is allowed with a Conditional Use permit. Heuton wondered what type of fencing will be utilized. John explained that they planned for an 8 foot high, chain link fence. Tornquist is concerned that the storage will not be screened from the public with a 6 foot chain link fence. And she feels that the storage area should be completely screened with a slat fence. Jon noted that the neighbors have fences that do not block the view 100%. PDD B-4 B-3 B-3 B-3 B-3 B-4 B-3 B-4 B-4 B-3 B-3 B-3 B-3 B-3 B-3 B-3 6 T H S T 32ND AVERAMPLEFEVRE DRL E F E V R E D R 40' 100'32ND AVEL E F E V R E D R ² Graybar Site Map Legend Property Line Storage Yard 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 17-011,Version:1 Introduction and First Reading on Ordinance 17-011, an Ordinance Establishing What Hours Public Parks and Playgrounds are open to the Public in the City of Brookings, South Dakota. Second Reading: May 9, 2017. Summary: This is an ordinance which establishes what hours public parks and playgrounds are open to the public in the City of Brookings, South Dakota. This ordinance will allow the Brookings Police Department the ability to cite violators accordingly as it pertains to the hours a person shall be in any public park or playground. Background: The City of Brookings has many public parks that are utilized by the public on a daily basis. There have been prior incidences of vandalism and unlawful behavior that have occurred in the parks system primarily during the hours of 11:00 p.m. and 6:00 a.m. The ordinance addresses the following: It establishes that no person shall be in any public park or playground in the City of Brookings between 11:00 p.m. and 6:00 a.m., with the following exceptions: a)When camping in an area designated for such purposes; and b)Persons attending scheduled events may be in a park or playground beyond the closing time for a park or playground as approved by the director. Fiscal Impact: No fiscal impact to the city. Recommendation: Staff recommends approval. Attachments: Ordinance City of Brookings Printed on 4/20/2017Page 1 of 1 powered by Legistar™ Ordinance 17-011 An Ordinance Establishing What Hours Public Parks and Playgrounds Are Open to the Public in the City of Brookings, South Dakota. Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows: I. Chapter 62, Division 4. Park and Playground Regulations Sec. 62-180. Hours parks open to the public. No person shall be in any public park or playground in the City of Brookings between 11:00 p.m. and 6:00 a.m., with the following exceptions: a) When camping in an area designated for such purposes; and b) Persons attending scheduled events may be in a park or playground beyond the closing time for a park or playground as approved by the director. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading:April 25, 2017 Second Reading:May 9, 2017 Published:May 12, 2017 CITY OF BROOKINGS, SD Keith Corbett, 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 17-012,Version:1 Introduction and First Reading on Ordinance 17-012, an Ordinance amending the Zoning Ordinance of the City of Brookings pertaining to Section 94-1 Definition of Yard, Primary Front, for the purposes of administration of the Zoning Ordinance. Public Hearing: May 9, 2017. Summary: The City of Brookings is requesting an amendment to the Zoning Ordinance to allow greater flexibility in establishing the primary front yard in a corner lot situation. Background: Currently the ordinance states the primary front yard is the narrower front yard on a corner lot and the rear yard is opposite from and most nearly parallel to the primary front yard. Recently, a contractor presented a case to the Board of Adjustment due to the primary front yard definition. After the meeting, several board members recommended staff research other zoning ordinances to see if some flexibility could be permitted in determining the primary front yard, which in turn determines the rear yard. The rear yard setback is typically greater than the side yard setback distance. The proposed ordinance amendment would allow the owner to determine the primary front yard, with the consent of the Community Development Department, at the time the primary structure is permitted. The primary front yard would be documented in the building file and would remain for the life of the primary structure. Any subsequent accessory structures or additions to the primary structure would need to comply with the primary front yard established with the original permit for the primary structure. The ordinance amendment is designed to allow some flexibility for the placement of structures on corner lots while maintaining the general character for the neighborhood. Planning Commission Recommendation: The Planning Commission voted 9-0 to recommend approval of the zoning ordinance amendment. Attachments: Ordinance- Marked Up Ordinance- Clean Copy Hearing Notice 04/04/2017 Planning Commission Minutes Comparison Chart Exhibit City of Brookings Printed on 4/20/2017Page 1 of 1 powered by Legistar™ Ordinance 17-012 An Ordinance Amending the Zoning Ordinance of the City of Brookings pertaining to Section 94-1 Definition of Yard, Primary Front, for the purposes of administration of the zoning ordinance Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. That Section 94-1 of the Ordinances of the City of Brookings be amended to read as follows: Sec. 94-1. - Definitions. Yard, primary front:In the case of a corner lot, the owner may choose the primary front yard abutting a street at the time of building permit for the primary structure, with the consent of the Community Development Director or designee, based on the effects of such choice on development of the lot itself or on adjacent properties. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading:April 25, 2017 Second Reading:May 9, 2017 Published:May 12, 2017 CITY OF BROOKINGS, SD Keith Corbett, Mayor ATTEST: Shari Thornes, City Clerk Ordinance 17-012 An Ordinance Amending the Zoning Ordinance of the City of Brookings pertaining to Section 94-1 Definition of Yard, Primary Front, for the purposes of administration of the zoning ordinance Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. That Section 94-1 of the Ordinances of the City of Brookings be amended to read as follows: Sec. 94-1. - Definitions. Yard, primary front:The narrower of two front yards on a corner lot. In the case of a corner lot, the owner may choose the primary front yard abutting a street at the time of building permit for the primary structure, with the consent of the Community Development Director or designee, based on the effects of such choice on development of the lot itself or on adjacent properties. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: April 25, 2017 Second Reading:May 9, 2017 Published:May 12, 2017 CITY OF BROOKINGS, SD Keith Corbett, Mayor ATTEST: Shari 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 94-1, pertaining to Definitions. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, April 4, 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 March, 2017. ____________________________ Staci Bungard City Planner Planning Commission Brookings, South Dakota April 4, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, April 4, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Alan Gregg, Alan Johnson, Ryan Murphy, Lee Ann Pierce, Kristi Tornquist and Al Heuton. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, John Mills, Dustin Beringer, Branch Supervisor at Graybar, and others. Item #6b – The City of Brookings has submitted an ordinance amendment to Section 94-1, pertaining to Definitions. (Johnson/Drew) Motion to approve the amendments as presented. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6b–Bungard explained that this amendment would apply to new construction only. And the applicant would be allowed to determine their front yard. Staff would then note in the file, what the front yard of the property is. Struck explained, a recent situation, of a request where our ordinance didn’t allow the applicant to switch their front yard. Had the applicant been allowed to change the front yard, the house would have still fit into the development properly and aligned with the other houses on the street. Tornquist wondered if it needs to be noted “what the rear yard is?” Bungard explained that the ordinance already defines what a rear yard is. Current Regulations Primary Front Yard- narrower frontage Rear Yard opposite of primary front Proposed Regulations Choice of primary front Rear Yard opposite primary front yard- other is a side yard City Corner Lot Regulations Sioux Falls, SD On corner lots, the REQUIRED REAR YARD may be to the rear of either street. On interior lots, the REQUIRED REAR YARD shall, in all cases, be at the opposite end of the lot from the front yard. Spearfish, SD Corner lots shall have 2 front yards and two side yards Watertown, SD Corner lots shall have two (2) required front yards, zero (0) required rear yard, and two (2) required side yards. Rapid City, SD In the case of a corner or double-frontage lot, the line separating the lot from that street which is designated as the front street in the request for building permit. The lot boundary opposite and most distant from the front lot line. Vermillion, SD On corner lots, the required rear yard may be to the rear of either street. On interior lots, the required rear yard shall, in all cases, be at the opposite end of the lot from the front yard. Aberdeen, SD On corner lots, the side yard on that side of the lot abutting the side street shall not be less than 15 feet. Mitchell, SD For the purposes of calculating the rear yard area for double frontage lots or lots with more than two (2) frontages, the rear yard area shall be opposite the assigned street address. Madison, WI In the case of a lot abutting more than one street, the owner may choose any street lot line as the front lot line with consent of the Zoning Administrator, based on the effects of such choice on development of the lot itself or on adjacent properties. The rear lot line is opposite and most distant the front lot line. 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:2 Public Hearing and Action 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. 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 version Ordinance - marked version - posted 4.19.2017 Letter from Moss & Barnett - posted 4.19.2017 Notice PC Minutes 3-14-2017 SDN Presentation SDN Small Cell Brochure Small Cell Permit Application City of Brookings Printed on 4/20/2017Page 1 of 1 powered by Legistar™ Ordinance 17-008 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:March 28, 2017 Second Reading:April 25, 2017 Published: CITY OF BROOKINGS, SD Scott Munsterman, Mayor ATTEST: Shari Thornes, City Clerk Ordinance 17-008 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:March 28, 2017 Second Reading:April 25, 2017 Published: CITY OF BROOKINGS, SD Scott Munsterman, Mayor ATTEST: Shari 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: [All revisions to this definition by Verizon Wireless. ]An existing building or structure such as, but not limited to, utility poles, light poles, signs, elevated water tanks and steeples on which an applicant proposes to install wireless communications facilities. Replacing an existing structure with a structure of similar height and design shall not constitute a new support structure. 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 Deleted: that Deleted: support 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 [Verizon Wireless input: ] 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. 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 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, [Verizon Wireless input: antenna support structure,] 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. Deleted: cables, wires, lines, Deleted: 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. Deleted: Any cables, wires, lines, antennas, antenna arrays, shelters, towers or other equipment associated with the transmission or reception of telecommunication signals. (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. [All revisions to (a) and (b) are by Verizon Wireless.] 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 business and industrial districts, a new WCF on an existing antenna support structure or support structure such as utility pole, light pole, or sign shall be considered through administrative review. For applications for WCFs in the Central Business District, compliance with this Section shall satisfy the requirements of Section 74-102 and 103. 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, proposed support structure, or antenna support structure and the location of all existing buildings and structures and the exact location of the antenna support structure, proposed support structure, new telecommunications tower, existing telecommunications tower and equipment facility. b.If applicable, an application must also include 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 Deleted: in Deleted: . Deleted: W 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 [Verizon Wireless input: unless otherwise approved during the administrative review or conditional use process.] 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 3556626v3 +++++ Mo ss & -B arnett April 18, 2017 SENT VIA E-MAIL City Council City of Brookings 520 3rd Street, Suite 230 P.O. Box 270 Brookings, SD 57006 Re: City of Brookings Proposed Ordinance 17-008 Amending Zoning Code Section 94-396 Wireless Communication Facilities Dear Council Members: Our law firm has been retained by Verizon Wireless to represent it in its wireless network development in Brookings and throughout the surrounding area. As part of that work, we have been asked to provide comments regarding a draft ordinance that the City is considering. Recently, the Planning Commission heard a presentation by Verizon Wireless's local fiber provider, SDN. We appreciate the opportunity to provide these comments in preparation for the upcoming public hearing, as our client works to improve wireless service in the City of Brookings. Introduction. Forward thinking cities like Brookings recognize that small cells should be regulated differently from traditional, macro installations. Small cells are an important tool for all carriers to expand critical network capacity to meet consumer's ever-increasing telephone and data demands. Of course, almost everyone has a cellphone, smartphone or tablet device that we rely on every day. In fact, nearly 50% of adults in the United States have only a wireless telephone, with no traditional landline telephone at all. Wireless-Only Households, 2003-20161 Percent 60 50 40 30 20 10 Children with wireless service only 59.4 0 .....__..,__ ........ __.___.__....___..__. ......... _..__,__.....__. ......... __.__.__.....__ ......... __.___.__....___..__. ................ Jan-Jun Jan-Jun Jan-Jun Jan-Jun Jan-Jun Jan-Jun Jan-Jun 2003 2006 2008 2010 2012 2014 2016 That percentage will only rise as the next generation moves into adulthood, since nearly 60% of children live in households that have a wireless telephone as the only telephone. Here in the Midwest, 51.7% of 1 See U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Wireless Substitution: Early Release of Estimates from the National Health Interview Surver, January-June 2016 (Dec. 2016) at p. 1 available at http://www.cdc.gov/nchs/data/nhis/earlyrelease/wireless 201612.pdf. 150 South Fifth Street I Suite 1200 I Minneapolis, MN 55402 P:612-877-5000 F:612-877-5999 W:LawMoss.com City o f Bro o kings Prop os ed O rdin a n ce 1 7-0 08 A p ril 1 8, 2 01 7 Pag e 2 o f 3 +•+•+ Moss & Barn ett adults live in households with no wired phone. 2 Deploying small cell facilities is critical to providing adequate network capacity and fixing coverage gaps. created by topography or surrounding buildings. Only by providing small cell facilities in relatively close proximity to its customers can Verizon Wireless resolve these issues. Wireless devices only work when there are antennas in relatively close proximity to the wireless caller. Wireless voice and data services are in high demand in Brookings. Certainly, emergency responders such as police and fire personnel use their devices when on the scene or traveling to it. But smartphones are just as likely to be used by the average citizen - to check for storms while hunting, golfing or boating, to read e-mail between innings of a little league game or even to get directions while visiting an unfamiliar place. In order to work properly, the antennas need to be wherever the people are. Recently, we received a copy of the proposed amendments to Section 94-396, which outlines how the City intends to regulate small cell installations. Having reviewed the ordinance, we can see how much time and careful thought has been devoted, and we have some additional information, as well as a few suggestions, for your consideration. Light poles are to be included as an antenna support structure, and replacement light poles are not to be treated as new structures. As you can see from the enclosed redline, we have very few revisions to recommend. These revisions stem from our experience with small cell deployment throughout the upper Midwest during the past few years. In most cases small cells are best installed on existing light poles, but standard light poles are not typically engineered to support additional equipment. As a result, small cell installations often involve the replacement of streetlight poles in the right-of-way. The City has defined "antenna support structure" as "an existing building or structure such as, but not limited to utility poles, signs, elevated water tanks and steeples that support wireless communications facilities." Our suggested revisions clarify that light poles would also qualify as an antenna support structure, and that structures need not have existing antennas installed on them in order to qualify as an antenna support structure under the ordinance. Also, because small cell installations often involve replacement of an existing utility pole, sign, etc. we suggest language to further clarify that such a replacement did not render the light pole as necessarily being classified as a "new" support structure, which have less favorable treatment under the ordinance's siting preferences. In essence, this would leave the city with the ability to take advantage of the size and location of its existing light poles to install small cell antennas, even if the pole must be replaced in order to make this possible. The replacement poles would always remain the property of the City, of course. Sm all cell wires, cables or lines within the rights of w ay are excl uded from setbacks. Because equipment facilities must meet setback requirements elsewhere in the existing code (see subdivision (5)(3)), and since setback is often measured in terms of the location of the installation from a lot line that borders a public right of way, it makes sense that the concept of setbacks should not apply to small cell installations within the public right of way. Therefore, the enclosed redline includes a provision that exempts wires, cables, and lines, from the definition of equipment facilities. This is consistent with the intent of the ordinance that small cell installations be allowed in the public rights of way, rather than being setback from them. See subdivision (S)(a)(l). Application requirements should apply throughout the City. The proposed ordinance specifies the process for approving a new WCF on an existing antenna support structure in a residential district, but does not explain the process for any other district. In an effort to clarify the standards for other districts, we propose that small cell installations on new or existing antenna support structures in all zones be subject to administrative review. While there were discussions before the Planning Commission 2 Id. at Table 2, p. 7. City of Brookings Proposed Ordinance 17-008 Aprill~ 2017 Page3of 3 +++++ Moss & Barnett to the effect that small cells might not be permitted in the public right of way in the central business district, our review of the City Code revealed no provision that would ban these installations in that location. Even so, we propose including language that clarifies that compliance with this Section satisfies other City Code provisions regarding the City Engineer's approval of awnings and poles in the public right of way in the central business district. With respect to the mapping requirement, we have also suggested language to clarify that any application for a WCF must accompany a scaled drawing or aerial map depicting existing buildings and structures as well as the proposed installation. Other design possibili ties in residential districts. The proposed ordinance provides that "[i]n residential districts, aesthetics is a high priority. Therefore, only a monopole design shall be permitted." See subdivision (5)(e). Many cities we have worked with are concerned about the aesthetics of these installations, and Verizon Wireless is willing to work with City Staff to achieve designs that meet this important goal. However, our experience has shown that codes that mandate one design type do not allow the flexibility necessary to meet this important goal. For example, the City might achieve a better aesthetic result by approving a small cell facility as part of a church steeple, an emergency call box, a school scoreboard, or on top of a firehouse. Therefore, we propose giving the City greater flexibility to approve alternative designs during the administrative review or conditional use process. Conclusion. Enclosed is a redline reflecting these preliminary suggestions. Please let us know if you would like more detailed suggestions to the proposed ordinance. We plan to attend the City Council meeting on April 25, 2017, to answer any questions related to our suggestions or more general questions regarding the development of the Verizon Wireless network. If any reader of this letter has questions, please do not hesitate to contact us. We look forward to working with you to continue improving Verizon Wireless service in Brookings. Sincerely, J /1 ---~ y.., l:L l Jaym es D. Litt lejohn Attorney at Law P: (612) 877-5274 F: (612) 877-5047 Jay.Littlejohn@lawmoss.com Enclosure cc: Michael Cogar (via e-mail) 3556426v2 Katherine D. Pasker Attorney P: (612) 877-5312 F: (612) 877-5027 Katherine.Pasker@lawmoss.com 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. 1 Small Cell, DAS, and Wi-Fi Facilities Permit City of Brookings 520 3rd Street, Suite 140, Brookings, SD 57006 (p) 605-692-6629 (f) 605-697-8624 Name of Applicant (Owner): Name of Contractor performing work: Contact Person: Office Phone: Cell: 1. Pole Location(s) (Street Segment/Pole Number [if applicable]) and GPS Coordinates ☐ Pole 1 ☐ Pole 2 ☐ Pole 3 ☐ Pole 4 2. Antenna(s) Number of antenna(s): Dimensions of antenna(s): Location of antenna(s) (identify pole and location on pole): Make, model and technical specifications: 3. Equipment (answer all that apply) A. Primary equipment enclosure location and dimensions (identify pole and location on pole): Make, model and technical specifications for each piece of equipment: 1: 2: B. Secondary equipment enclosure locations and dimensions (identify pole and location on pole: Make, model and technical specifications for each piece of equipment: 1: 2: 2 C. Other equipment location and dimensions (identify pole and location on pole): Make, model and technical specifications for each piece of equipment: 1: 2: 4. Right-of-Way Approval (check one) ☐ The proposed personal wireless service facility is in the public right-of-way ☐ The proposed personal wireless service facility is not in the public right-of-way The proposed personal wireless service facility is in the following public right-of-way location (identify and explain): 5. Use of Utility, Transit, or Street Light Pole (check one) ☐ The Applicant is using a pole owned by Brookings Municipal Utilities (BMU) and has obtained BMU’s permission to use the pole. ☐ No permission of the utility, transit, or street light pole owner is required for the following reason(s) 1: 2: 6. Required Documents (check as appropriate) ☐ Attached is a location drawing of the proposed Personal Wireless Service Facility in twenty feet (20’) to one inch (1”) scale (20:1 scale) showing each of the following: (a) Street name; (b) Names of cross streets; (c) The utility, transit, or street light pole to be used; (d) All existing facilities on the utility, transit, or street light pole (if applicable); and (e) All proposed facilities on the utility or street light pole. ☐ Attached are the following documents (check (1) and either (2) or (3)): ☐ (1) A photographic simulation of the proposed Personal Wireless Service Facility at the proposed location; and ☐ (2) A photograph of any existing Personal Wireless Service Facilities located in the public rights-of-way that are within a one hundred and fifty foot (150’) radius of the proposed Personal Wireless Service Facility; or ☐ (3) A site drawing in a twenty feet (20’) to one inch (1”) scale (20:1 scale) showing the location of any existing Personal Wireless Service Facilities located in the public rights-of-way that are within a one hundred and fifty foot (150’) radius of the proposed Personal Wireless Service Facility. 3 ☐ Attached is a certificate of insurance in a form acceptable to the City’s Risk Manager ☐ Attached is a verified statement from a registered engineer attesting that the installation of the proposed Personal Wireless Service Facility: (1) would not compromise the structural integrity of the Utility or Street Light Pole and will be in compliance with any standards imposed by City Ordinance. ☐ Attached a list of all of Applicant’s permitted Personal Wireless Service Facilities. 7. Historic Preservation ☐ Pursuant to Section 106 of the National Historic Preservation Act of 1966 (NHPA), conduct required historic preservation review process as mandated by Federal law. The historic preservation review process mandated by Section 106 is outlined in regulations issued by ACHP, "Protection of Historic Properties" (36 CFR Part 800). ☐ Historic preservation review process is not required because the proposed Personal Wireless Service Facility is not located in a historic district designated by the Historic Preservation Commission under Chapter 46, Article IV of the City Code of Ordinances. 8. Application Fees (check all required fees) ☐ City Engineering Department application fee ($100.00/wireless communication facility location) I certify that the information contained in the application is correct. As an applicant, I also certify:  Proper locates for all utilities near the communication facility locations will be acquired before construction;  I have duly notified adjacent property owners within 100 feet of this wireless communication facility location;  I attest this wireless communication facility is in compliance with FCC guidelines and interference standards; and  I understand falsifying any information contained in this application may result in denial of the permit request. Signature/Authorized Agent Date STAFF USE ONLY ☐ Notified Community Development Department 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 17-048,Version:1 Action on Resolution 17-048, a Resolution Amending the Fee Schedule of the City of Brookings, South Dakota (Small Cell, DAS, and Wi-Fi Facilities Permit). Summary: This resolution will amend the fee schedule of the City of Brookings, South Dakota (Small Cell, DAS, and Wi-Fi Facilities Permit). Background: SDN Communications of Sioux Falls is under contract with Verizon Wireless to install several small- cell towers around Brookings. The towers would be installed this spring. The installation of small-cell towers will equip Verizon with the ability to expand coverage in Brookings. The towers are typically 35’ tall, which are designed to go in the Right-of-Way (ROW) so they are treated like all other utility operations. They also do not need extensive permitting typical of larger towers that cannot be in the ROW. A permit was drafted to ensure concerns about issues were addressed before the towers are installed, such as aesthetics, ROW occupation and competition for space in the ROW, and neighborhood transparency on the tower locations. This permit is attached to 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. This $100 permit fee will be applied to all future applications for Small Cell, DAS, and Wi-Fi facilities. Fiscal Impact: The Small Cell, DAS, and Wi-Fi facilities permit fees will be collected and deposited into the engineering department budget. Recommendation: Staff recommends approval of the resolution. Attachments: Resolution City of Brookings Printed on 4/20/2017Page 1 of 1 powered by Legistar™ Resolution 17-048 A Resolution Amending the Fee Schedule of the City of Brookings, South Dakota (Small Cell, DAS, and Wi-Fi Facilities Permit) Whereas the fines, fees, and procedures pertaining to services of the City of Brookings shall be reviewed and revised; and Whereas, license fees have been established by various chapters of the Code of Ordinances; and Whereas, the City of Brookings Engineer’s Department fees shall be revised, pursuant to Ordinance No. 17-008, to establish a permit fee for Small Cell, DAS, and Wi-Fi Facilities in the City of Brookings, South Dakota. Therefore, Be It Resolved, that the following permit fee be adopted: City Engineer’s Department Small Cell, DAS, and Wi-Fi Facilities:$100.00 per wireless communication facility location Passed and approved on this 25th day of April, 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 17-040,Version:1 Action on Resolution 17-040, a Resolution Repealing and Replacing Resolution 15-079 Pertaining to the Sale of Surplus Real Property. Summary: In July, 2015, the City Council adopted Resolution 15-079 which prescribed a process by which City would dispose of surplus commercial/business land. This resolution constitutes an amendment by which another option is added to the existing options prescribed in Resolution 15-079. Background: Resolution 15-079 prescribes the methods by which property is to be disposed of for business or commercial purposes as being done by: (1) sealed bids and a public auction; or (2) a Request for Proposal (RFP). The amendment clarifies the property subject to this process as being zoned B1-B4 or Planned Development District (PDD). It also adds a third method by utilizing the authorizing provisions prescribed in state law which allows a disposal through transferring to a local non-profit economic development agency. The Council could utilize any of these three methods for land so zoned. If approved, this resolution would repeal Resolution 15-079. Recommendation: Staff recommends approval. Attachments: Resolution 17-040 Resolution 15-079 City of Brookings Printed on 4/20/2017Page 1 of 1 powered by Legistar™ Resolution 17-040 A Resolution Adopting a City Policy Pertaining to the Sale of Real Property Whereas, the City of Brookings may own or have in its possession real property it desires to see developed or re-developed for purposes of business or commercial use in an effort to create jobs, provide services, increase the tax base, or potentially increase the City’s working capital; and Whereas, the City of Brookings may from time-to-time find it advantageous to partner with private sector entities for purposes of achieving such development or redevelopment; and Whereas, the City of Brookings may utilize a variety of means pursuant to state law to dispose of real property including but not limited to the provisions of South Dakota Codified Law Chapters 6-5, 6-13, 9-27, and 9-54. Now, Therefore, Be It Resolved, that the City of Brookings may dispose of real property currently owned or otherwise in its possession and currently zoned ‘Business’ with a B-1 through B-4 zoning designation or a Planned Development District (PDD) zone with an underlying zone of either of the B-1 through B-4 zones as defined by the City of Brookings Code of Ordinances by any of the following methods as an economic development policy: I.Sealed Bids, Public Auction, or through a Licensed Real Estate Broker whereby the City Council may stipulate terms and conditions of an accepted bid and such terms and conditions shall be considered pre-bid stipulations that shall be made known prior to the auction/bid date. Such conditions may include but not be limited to: a. Terms and conditions of payment of accepted bid. b. Bid security and payment security. c. A development/re-development plan acceptable to the City Council. d. Performance deadlines and other guarantees of the development/re- development. e. Reversionary provisions of the parcel(s) for failure to perform. II.Request for Proposal whereby the City Council may include terms, conditions and/or an end-use development plan parameters, requirements, or other provisions to be offered by respondents for the City Council to consider. III.Legislative Authorization whereby the City Council may choose to dispose of qualifying property by utilizing South Dakota Codified Law Chapters 6-5, 9-27, and 9-54 and declaring the development intent and purpose for which property will ultimately be disposed. Be It Further Resolved, that this resolution shall repeal and replace Resolution 15-079. Passed and approved this 25th day of April, 2017. CITY OF BROOKINGS< SD ATTEST: Scott Munsterman, Mayor Shair 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 2017-0269,Version:1 Discussion and Possible Action on the 6th Street shared-use Bicycle Transportation Path Design on the north side of 6th Street between Main Avenue and Medary Avenue. Summary: This discussion will pertain to specifying the width of the shared use path to be either eight feet (8’) or ten feet (10’), and maintenance responsibility of the path. Background: The SD DOT has requested direction from the City of Brookings on the width of shared-use bicycle transportation path, which will be located on the north side of 6th Street between Main Avenue and Medary Avenue. From the Bicycle Master Plan, the ideal width for a bicycle path is 10 feet. However, the adopted Master Plan describes the price estimate for the 6th Street shared use path as an eight-foot width. This discussion will pertain to the City’s recommendation on the width of the shared-use path. This discussion will also pertain to the maintenance responsibilities for the shared use path, such as snow removal. A notice was mailed to the property owners on the north and south sides of 6th Street between Main Avenue and Medary Avenue. Fiscal Impact: Not determined at this time. Recommendation: Staff is recommending a width of eight feet as a reasonable compromise to accommodate all of the above design considerations. A formal recommendation from the Bicycle Advisory Committee was also requested so the Council has input from the committee. Attachments: Staff memo Map Mailing List Bicycle Master Plan excerpt Engineering Cost Estimate City of Brookings Printed on 4/20/2017Page 1 of 1 powered by Legistar™ Staff Memo: Packet Item for the Bicycle Advisory Committee Meeting As part of the Highway 14 (6th Street) improvement project for the section of Main Avenue to Medary Avenue, the South Dakota Department of Transportation (SD DOT) intends to install a shared bicycle-pedestrian lane on the north side of the highway. This lane will be separated from the travel lane by a boulevard green space to accommodate signage, trees, driveway approaches, and lighting. The SD DOT has requested direction from the City of Brookings as to the width of shared lane to incorporate into their design specifications for the project. The City Council will consider this issue at their April 25 Council meeting but is asking the Bicycle Advisory Committee for a recommendation on the width. The standard sidewalk width for residential streets varies between four and five feet depending upon when the sidewalk was installed and other pre-existing constraints of the right-of-way at that specific location. As the Committee is aware from the Plan, the ideal width for a bicycle lane is 10 feet. However, the attachment from the Plan describes the price estimate for this location as that of an eight-foot width. Residents have previously expressed concerns about the potential extra effort to maintain this width compared to other pathways in the community. Other concerns about an excessive width at this location is the corresponding loss of green space on the boulevard as well as front yards. This loss of green space on the boulevards reduces snow storage and depending upon the specific location, could place bicyclists and pedestrians closer to the traffic lanes. It also could reduce space for future tree plantings in some locations. Staff is recommending a width of eight feet as a reasonable compromise to accommodate all of these design considerations; but a formal recommendation from the Bicycle Advisory Committee is requested so the City Council has input from the committee. The determination of responsibility for snow and ice removal is a maintenance and operational issue and for the City Council to decide; and is not within the purview of the Committee. ParcelId Owner Property Address 400350000000700 T & T Real Estate LLC 526 Main Ave 403650020000600 Mt Calvary Lutheran Church 825 6Th St 403650030000400 CALA LLC 711 6Th St 403650030000500 CALA LLC 715 6Th St 403650030000600 CALA LLC 721 6Th St 403650030000700 Rief Properties II LLC 725 6Th St 403650020000100 R & D Masson Family Trust 803 6Th St 403650030000100 Kelly Coull 703 6Th St 403650030000300 Strandell Holdings LLC 707 6Th St 403650010000100 Calder Eschenbaum 901 6Th St 403650020000200 R & D Masson Family Trust 805 6Th St 403650020000300 Cynthia Masson 811 6Th St 403650020000400 Wade Price 817 6Th St 404550050001500 R & B Properties LLC 621 6Th St 404500010000100 Brookings Savings & Loan Assoc 600 Main Ave 404500010001500 TB Partnership LLC 603 5Th Ave 405300110000100 First United Methodist Church 527 7Th Ave 401050000000100 Hydeaway LLC 418 6Th St 405300130000400 TB Partnership LLC 414 6Th St 405300110000300 First United Methodist Church 616 6Th St 405300110000500 Brookings Developers Inc 606 6Th St 404500010001605 TB Partnership LLC 415 6Th St 405700010000100 St Pauls Episcopal Church 726 6Th St 405700010000500 Jihong Cole-Dai 712 6Th St 405700030000700 Cokato Inc 902 6Th St 405700010000700 Clark Sexton 702 6Th St 405700030000500 Cokato Inc 912 6Th St 405700030000600 Cokato Inc 908 6Th St 404500010001600 TB Partnership LLC 419 6Th St 404550040000100 Newman Enterprises Inc 503 6Th St 404550040000200 Stuart Webster 511 6Th St 404550040001500 Paul Moriarty 521 6Th St 404550040001605 The Four Sisters Inc 517 6Th St 404550050000100 David Kneip 601 6Th St 404550050000200 David Kneip 605 6Th St 404550050000300 David Kneip 611 6Th St 405700020000100 Sally Damm 525 9Th Ave 405700020000300 Amy Smith 816 6Th St 405500010000100 Sandra Moore 927 6Th St 405500010000600 Robert Flint 907 6Th St 405300120000100 First Bank & Trust 520 6Th St 405700010000600 Vine Street Properties LLC 706 6Th St 405700010000300 Alan Davis 718 6Th St 405500010000400 Joann Perso 917 6Th St 405700020000500 Joel Hefling 812 6Th St 405700020000700 TB Partnership LLC 524 8Th Ave 405700020000600 Joel Hefling 806 6Th St 405700030000100 Cokato Inc 916 6Th St Mailing Address In care of City, State,Zip 526 Main Ave Brookings SD 57006 629 9th Ave Brookings SD 57006 617 8th Ave Brookings SD 57006 617 8th Ave Brookings SD 57006 617 8th Ave Brookings SD 57006 1339 Wahpeton Pass Brookings SD 57006 414 E Illinois St % Trappor Masson Spearfish SD 57783 703 6th St Brookings SD 57006 160 S Lake Dr Watertown SD 57201 901 6th St Brookings SD 57006 414 E Illinois St % Trappor Masson Spearfish SD 57783 PO Box 398 %Cynthia Bode Lake Preston SD 57249 1620 24th St S Brookings SD 57006 3721 16th Ave W Brookings SD 57006 600 Main Ave %Metabank Brookings SD 57006 611 6th St Brookings SD 57006 625 5th St Brookings SD 57006 4110 Wild Meadow Dr Hamel MN 55340 611 6th St Brookings SD 57006 625 5th St Brookings SD 57006 PO Box 582 Brookings SD 57006 611 6th St Brookings SD 57006 726 6th St Brookings SD 57006 712 6th St Brookings SD 57006 916 6th St Brookings SD 57006 702 6th St Brookings SD 57006 916 6th St Brookings SD 57006 916 6th St Brookings SD 57006 611 6th St Brookings SD 57006 503 6th St Brookings SD 57006 7040 Sunset Rd Brookings SD 57006 PO Box 705 Brookings SD 57006 520 Medary Ave % Georgianna Perso Brookings SD 57006 1218 6th St Brookings SD 57006 1218 6th St Brookings SD 57006 1218 6th St Brookings SD 57006 525 9th Ave Brookings SD 57006 816 6th St Brookings SD 57006 1430 Yellowstone Dr Brookings SD 57006 907 6th St Brookings SD 57006 PO Box 5057 Attn: Sandra Bruinsma Brookings SD 57006 PO Box 500 Brookings SD 57006 718 6th St Brookings SD 57006 917 6th St Brookings SD 57006 812 6th St Brookings SD 57006 611 6th St Brookings SD 57006 812 6th St Brookings SD 57006 916 6th St Brookings SD 57006 51Brookings Bicycle Master Plan \\ Chapter 6: Funding and ImplementationPlanning-level cost estimates have been developed for each bikeway facility type. Per-mile cost estimates were developed conservatively – in some cases projects will cost less, especially when incorporated into a larger project. For example, when incorporating a bike lane striping project into a planned resurfacing or seal coating project, up to $19,000 per mile in cost savings may be realized in unspent pavement marking eradication, mobilization, and engineering items. Note that updated engineering cost estimates will need to be developed for each project during detailed design. Design considerations should include, but are not be limited to, motor vehicle speed, motor vehicle traffic volumes, anticipated users, minimizing conflicts between users, right-of-way width, tree preservation, parking retention/removal, intersection controls (stoplight, stop sign, uncontrolled), utilities, intersections (driveways, roadways, shared-use paths), sight triangles, design speed, lighting, and effects to historic and private property.A summary of the project types estimated are listed in Figure 6.4. A more detailed description of the work included in each project type follows. Estimates generally include engineering and crew mobilization costs wherever applicable, but they do not include right-of-way acquisition or inflation.Project TypePlanning-Level Cost Estimate, per mileBicycle Boulevard*$45,000 – $163,750Buffered Bicycle Lanes$55,800 – $77,500Corridor Planning Study (1) – Along Existing Street $13,500 – $18,750Corridor Planning Study (2) – Along Independent Trail Alignment$11,700 – $16,250Separated Bicycle Lanes$547,200 – $760,000Shared-Use Path (1) – Along Existing Street $492,300 – $683,750Shared-Use Path (2) – Along 2025 Trail Loop $441,900 – $613,750Shared-Use Path (3) – Substitute 5' Concrete Sidewalk With 8' Asphalt Path In A Planned Reconstruction Project$112,500 – $156,250Standard Bicycle Lanes$48,600 – $67,500Standard Bicycle Lanes (With Extended 5' Gutter Pan) $515,700 – $716,250Stoplight (1) – Add Ramp Widening To A Planned Signal Replacement Project$12,600 – $17,500Stoplight (2) – Add Ramp Widening, Bicycle Push Buttons, And Bicycle Signal Head To A Planned Signal Replacement Project$14,400 – $20,000Stoplight (3) – Add Bicycle Push Button Pedestals To A Planned Signal Replacement Project$1,800 – $2,500Wayfinding – Existing Shared-Use Path $12,600 – $17,500Figure 6.4 Planning-level cost estimates for bikeway projects reflect a high-level approximation. Costs may increase or decrease substantially based on future engineering analysis. * Low price range for bicycle boulevard does not include traffic calming features. Shared Use Path (1) ‐ Frequent IntersectionsItemUnit Quantity Unit Cost Total CostAssumptionsEarthwork, Excavation CY 4,694 $3.56 $16,711 12 wide disturbance / 2 feet depth Aggregate Base CourseTON 2,191 $17.65 $38,671  8 feet width, 1 feet depthAsphalt Surface Course TON 514 $85.00 $43,690 8 feet width and 2" depth, 2.05 TONAsphalt Base Course TON 1,604 $70.00 $112,280  8 feet width and 0.5 feet depth, 2.05 TONNon‐woven Seperator Fabric SY 8,214 $2.42 $19,878 Width of trail + 2' on either sideADA RampsEA 8 $7,000.00 $56,000 4 intersections impactedRemove Driveway PavementSY 405 $5.40 $2,187 15 per mile, 18' width, 13.5' length (5.5' blvd, 8' path)6" PCC Driveway PavementSY 405 $57.14 $23,142 15 per mile, 18' width, 13.5' length (5.5' blvd, 8' path)Subtotal$312,558 Lump Sum ItemsLandscaping/Turf Establishment (10%) LS 1$31,255.84 $31,256 Signing/Markings (10%) LS 1$31,255.84 $31,256 Drainage (10%) LS 1$31,255.84 $31,256 Contingency (10%) LS 1$31,255.84 $31,256 $437,582 $109,395 Total Estimated Cost $546,977 Per MileRounded $547,000Includes: 8' wide path with signage, and intersection crosswalk/curb ramp improvements. Note: does not include signal upgrades.Total Construction Cost EstimateEngineering Estimate (25%)