HomeMy WebLinkAbout2017_05_23 CC PKTCity Council
City of Brookings
Meeting Agenda
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
Fax: (605) 692-6907
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, May 23, 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.
5:00 PM EXECUTIVE SESSION
ID 2017-0334 Executive Session, pursuant to SDCL 1-25-2, for purposes of
consulting with legal counsel or reviewing communications from legal
counsel about proposed or pending litigation or contractual matters.
Action: Motion to enter into Executive Session, Voice Vote
Action: Motion to exit Executive Session, Voice Vote
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Consent Agenda:
Action: Motion to Approve, Request Public Comment, Roll Call
Matters appearing on the Consent Agenda are expected to be non-controversial and
will be acted upon by the Council at one time, without discussion, unless a member of
the Council or City Manager requests an opportunity to address any given item. Items
removed from the Consent Agenda will be discussed at the beginning of the formal
items. Approval by the Council of the Consent Agenda items means that the
recommendation of the City Manager is approved along with the terms and conditions
described in the agenda supporting documentation.
3.A. Action to approve the agenda.
3.B.ID 2017-0317 Action to approve the May 3 and May 9 City Council Minutes.
Page 1 City of Brookings
May 23, 2017City Council Meeting Agenda
5/3/2017 Minutes
5/9/2017 Minutes
Attachments:
3.C.ID 2017-0326 Action on Annual Malt Beverage Alcohol License Renewals.
Malt License RenewalsAttachments:
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 17-057 Action on Resolution 17-057, a Resolution authorizing the City Manager
to Sign the Bid Award and Grant Documents for Brookings Regional
Airport Project No. AIP #3-46-0005-029-2017, Runway 17/35
Improvements.
Resolution
Letter of Recommendation
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
6.B.RES 17-058 Action on Resolution 17-058, a Resolution awarding the Contract on the
sale of the surplus Brookings Fire Dept. 1998 Freightliner FL-60 Tender.
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 17-014 Introduction and First Reading on Ordinance 17-014, an Ordinance
pertaining to an application for a Conditional Use Permit for a Brewpub
in a Planned Development District on Lots 1-3, Block 4, Folsom Addition
(also known as 126 Main Avenue South). Public Hearing: June 13,
2017.
Page 2 City of Brookings
May 23, 2017City Council Meeting Agenda
Ordinance
Hearing Notice
05-02-2017 Planning Commission Minutes
Floor Plan
Site Plan
Aerial Map
Applicant Letter
Applicant Presentation
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 has changed from
First Reading held March 28, 2017).
Ordinance - clean - posted 5.4.2017
Ordinance - marked - posted 5.4.2017
Letter from Moss & Barnett - posted 4.19.2017
Notice
PC Minutes 3-14-2017
SDN Presentation
SDN Small Cell Brochure
Small Cell Permit Application
Ordinance - marked version - posted 4.19.2017
Ordinance - posted 3.23.2017
Ordinance - marked version - posted 3.23.2017
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
3/28/17 City Council read into the record
4/25/17 City Council tabled to a date specific
5/9/17 City Council read into the record
8.B.RES 17-048 TABLED ITEM: 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 Remove Item from the Table, Motion to Approve, Request Public
Comment, Roll Call
Legislative History
4/25/17 City Council tabled to a date specific
Page 3 City of Brookings
May 23, 2017City Council Meeting Agenda
8.C.RES 17-056 Public Hearing and action on Resolution 17-056, a Resolution
Determining the Necessity of Repairing or Installing Sidewalks in the
City of Brookings at the Expense of Abutting Property Owners,
2017-01SWR Concrete Maintenance Project.
Resolution
Property Owner List
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9. Other Business:
9.A.ID 2017-0303 Action on a Preliminary Plat of Lots 4A, 5, 6, 7, & 8, Block 1; Lots 1A,
3A, 3B, 4A, 4B, 5A, 5B, 6A, & 6B, Block 2 of the Americana Addition.
Hearing Notice
05-02-2017 Planning Commission Minutes
BMU Preliminary Plat with Comments.pdf
Preliminary Plat
Original Preliminary Plat
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: Keith Corbett, Mayor
Council Members Patty Bacon, Dan Hansen, Mary Kidwiler, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell
Council Staff:
Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm
The complete City Council agenda packet is available on the city website: www.cityofbrookings.org
Assisted Listening Systems (ALS) are available upon request. Please contact Shari Thornes, Brookings City
Clerk, at (605)692-6281 or sthornes@cityofbrookings.org. If you require additional assistance, alternative
formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari
Thornes, City ADA Coordinator, at (605)692-6281 at least three working days prior to the meeting.
Page 4 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2017-0334,Version:1
Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting with legal counsel or
reviewing communications from legal counsel about proposed or pending litigation or contractual
matters.
1-25-2. Executive or closed meetings--Purposes--Authorization--Misdemeanor.
Executive or closed meetings may be held for the sole purposes of:
1) Discussing the qualifications, competence, performance, character or fitness of any
public officer or employee or prospective public officer or employee. The term “employee”
does not include any independent contractor;
2) Discussing the expulsion, suspension, discipline, assignment of or the
educational program of a student;
3) Consulting with legal counsel or reviewing communications from legal counsel about
proposed or pending litigation or contractual matters;
4) Preparing for contract negotiations or negotiating with employees or employee
representatives;
5) Discussing marketing or pricing strategies by a board or commission of a business
owned by the state or any of its political subdivisions, when public discussion may be
harmful to the competitive position of the business.
However, any official action concerning such matters shall be made at an open official meeting. An
executive or closed meeting shall be held only upon a majority vote of the members of such body
present and voting, and discussion during the closed meeting is restricted to the purpose specified in
the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or
closed meeting if the federal or state Constitution or the federal or state statutes require or permit it.
A violation of this section is a Class 2 misdemeanor.
Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1.
City of Brookings Printed on 5/18/2017Page 1 of 1
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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 2017-0317,Version:1
Action to approve the May 3 and May 9 City Council Minutes.
Attachments:
5/3/2017 Minutes
5/9/2017 Minutes
City of Brookings Printed on 5/17/2017Page 1 of 1
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Brookings City Council
May 3, 2017 (unapproved)
The Brookings City Council held a Special Meeting on Wednesday, May 3, 2017 at 6:00
p.m., at City Hall with the following members present: Mayor Keith Corbett, Council
Members Nick Wendell, Dan Hansen, Mary Kidwiler, Patty Bacon, and Ope Niemeyer.
City Attorney Steve Britzman, City Manager Jeffrey Weldon, and City Clerk Shari
Thornes were also present.
Discussion with City Council Applicants. Applicants Edward Ballou, Nick
Schmeichel, Cory Ann Ellis, George Hamer, and Holly Tilton Byrne provided information
and responded to questions.
Executive Session. A motion was made by Council Member Kidwiler, seconded by
Council Member Hansen, to enter into Executive Session at 6:46 p.m. for purposes of
discussing the qualifications, competence, performance, character or fitness of any
public officer or employee or prospective public officer or employee. The term
“employee” does not include any independent contractor. A motion was made by
Council Member Bacon, seconded by Council Member Niemeyer, to exit Executive
Session at 7:07 p.m.
Adjourn. A motion was made by Council Member Hansen, seconded by Council
Member Wendell, to adjourn the meeting at 7:09 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
ATTEST: Keith W. Corbett, Mayor
Shari Thornes, City Clerk
Brookings City Council
May 9, 2017 (unapproved)
The Brookings City Council held a meeting on Tuesday, May 9, 2017 at 6:00 p.m., at
City Hall with the following City Council members present: Mayor Keith Corbett, Council
Members Mary Kidwiler, Dan Hansen, Ope Niemeyer, Nick Wendell, and Patty Bacon.
City Manager Jeffrey Weldon, City Attorney Steve Britzman, and City Clerk Shari
Thornes were also present.
Executive Session. A motion was made by Council Member Wendell, seconded by
Council Member Hansen, to enter into Executive Session at 5:45 p.m. for purposes of
discussing the qualifications, competence, performance, character or fitness of any
public officer or employee or prospective public officer or employee. The term
“employee” does not include any independent contractor with the City Manager, City
Attorney and City Clerk present. The motion carried by a unanimous vote. A motion
was made by Council Member Wendell, seconded by Council Member Hansen, to exit
Executive Session at 6:00 p.m. The motion carried by a unanimous vote.
Certificate of Election and Oath of Office. Mayor Keith Corbett (term expires
5/1/2018), and Council Members Ope Niemeyer and Dan Hansen (terms expire
5/1/2020) took their Oath of Office and were presented with Certificates of Appointment.
(NOTE: All were previously sworn in on May 3, 2017 prior to a Special City Council
Meeting.)
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.
4.A. Action to approve the agenda.
4.B. Action to approve the April 25, 2017 City Council Minutes.
4.C. Action on Resolution 17-051, a Resolution Authorizing the Execution of
Equipment Lease-Purchase Agreement.
Resolution 17-051 - Resolution Authorizing the Execution of
Equipment Lease –Purchase Agreement
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, for the purpose of financing the acquisition of a Daktronics
Display/Scoreboard, the City of Brookings desires to execute a Lease-Purchase
Agreement in the principal amount not exceeding $294,000, and
Whereas, PNC Equipment Finance, LLC will act as Lessor under said Lease; and
Whereas, the Lease with PNC Equipment Finance, LLC will bear interest and will
contain options to purchase the equipment by the City of Brookings, and annual lease
payments will be subject to annual appropriation or renewal by the City Council and
shall not constitute general obligations of the City or indebtedness under the
Constitution or laws of the State of South Dakota, and
Whereas, this Resolution shall take effect immediately upon its adoption and approval.
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota, as follows:
A. That the City of Brookings enter into an Equipment Lease-Purchase Agreement
with PNC Equipment Finance, LLC to acquire an Indoor Daktronics LED Video
Board together with all attachments, tooling, accessories, appurtenances and
additions thereto; and
B. That the Mayor, City Clerk, City Manager and City Attorney are authorized to
execute an Equipment Lease-Purchase Agreement with PNC Equipment
Finance, LLC and the required lease financing documents in accordance with
this Resolution.
4.D. Action on Resolution 17-055, a Resolution declaring a 2002 Ford F150
Pickup as Surplus Property (Engineering Dept.).
Resolution 17-055 - Declaring Surplus Property – Engineering Department:
2002 Ford F150 Pickup
Whereas, the City of Brookings is the owner of the following described vehicle formerly
used at the Brookings Engineering Department: One (1) 2002 Ford F150 Pickup, VIN
#1FTRX18L62NA35445.
Whereas, in the best financial interest, it is the desire of the City of Brookings to sell
same as surplus property; and
Whereas, the City Manager hereby authorized to sell said surplus property.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that
this property be declared surplus property according to SDCL Chapter 6-13.
4.E. Action on Ex-Officio Appointments. Brookings Health System Board of
Trustees: appoint Keith Corbett and Mary Kidwiler; Brookings Municipal Utilities Board:
appoint Ope Niemeyer and Patty Bacon; BEDC Board: appoint Dan Hansen; BEDC
Investment Committee: appoint Mary Kidwiler, Ope Niemeyer and Dan Hansen; East
Central Communications Council (E-911): appoint Patty Bacon; Joint Powers Board:
appoint Nick Wendell and Mary Kidwiler; Retail Grant Committee: appoint Nick Wendell.
Council Invitation. Lynn Verschoor, Brookings Public Arts Commission, invited the
City Council and public to attend Patrick Dougherty’s Artist Talk at the Children’s
Museum of South Dakota on Thursday, May 18th, from 5:00-6:30 p.m.
City of Brookings 2016 Annual Financial Report. Chris Lindner, CPA, CGMA,
Manager BKD, LLP presented the 2016 Financial Audit and the Comprehensive Annual
Financial Report for the City of Brookings.
Resolution 17-052. A motion was made by Council Member Kidwiler, seconded by
Council Member Niemeyer, that Resolution 17-052, a Resolution Awarding the Contract
on 2017-08STI Street Maintenance and Overlay Project, be approved. The motion
carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and
Wendell.
Resolution 17-052 - Resolution Awarding Bids on
Project 2017-08STI Street Maintenance and Overlay Project
Whereas, the City of Brookings opened bids for Project 2017-08STI Street Maintenance
and Overlay Project on Tuesday, May 2, 2017 at 1:30 pm at the Brookings City &
County Government Center; and
Whereas, the City of Brookings has received the following bids for Project 2017-08STI
Street Maintenance and Overlay project: Bowes Construction Co., Inc.: $384,690.00,
and Duininck Inc.: $486,522.44.
Now Therefore, Be It Resolved that the total low bid of $384,690.00 for Bowes
Construction Co., Inc. be accepted.
Resolution 17-059. A motion was made by Council Member Bacon, seconded by
Council Member Hansen, that Resolution 17-059, a Resolution authorizing Change
Order No. 3 (Final) for 2016-09STI, LeFevre Drive Storm Sewer Project; Timmons
Construction, Inc., be approved. The motion carried by the following vote: Yes: 6 -
Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell.
Resolution 17-059 - Resolution Authorizing Change Order No. 3 (Final) for
2016-09STI LeFevre Drive Storm Sewer Project; Timmons Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for
2016-09STI, LeFevre Drive Storm Sewer Project:
Construction Change Order Number 3: Adjust bid quantities to as-constructed
quantities for an increase of $15,196.14 to the contract and extend the final
completion date by one working day to close out the project.
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. (Ordinance has changed from First Reading
held March 28, 2017). Public Hearing: May 23, 2017.
Ordinance 17-009. A Public Hearing was held 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. A motion was made by Council
Member Hansen, seconded by Council Member Wendell, that Ordinance 17-009 be
approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer,
Hansen, Kidwiler, Bacon, and Wendell.
Ordinance 17-010. A Public Hearing was held 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. A motion was made by Council Member Hansen,
seconded by Council Member Wendell, that Ordinance 17-010 be approved with the
following conditions “an eight (8) foot high chain link fence with slats shall be
constructed around the outdoor storage area.” The motion carried by the following vote:
Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell.
Ordinance 17-011. A Second Reading was held 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. A motion was made by Council Member Bacon,
seconded by Council Member Hansen, that Ordinance 17-011 be approved. The motion
carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and
Wendell.
Ordinance 17-012. A Public Hearing was held 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. A motion was made by Council Member Kidwiler, seconded by Council
Member Niemeyer, that Ordinance 17-012 be approved. The motion carried by the
following vote: Yes: 5 - Corbett, Niemeyer, Kidwiler, Bacon, and Wendell; No: 1 –
Hansen.
Resolution 17-053. A Public Hearing was held on Resolution 17-053, a Resolution
Levying Assessment for Project No. 2016-01SWR, 2016 Sidewalk Repair Sites. A
motion was made by Council Member Niemeyer, seconded by Council Member
Hansen, that Resolution 17-053 be approved. Public Comment: Howard Jorenby. The
motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler,
Bacon, and Wendell.
Resolution 17-053 - A Resolution Levying Assessment for
Project No. 2016-01SWR 2016 Sidewalk Repair Sites
Whereas, the City Council has provided for sidewalk repair work to be completed under
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 City Council has made all investigation and authorized by Resolution 16-
045, which deems the work necessary and has found and determined that the
amount which each lot or tract will be benefited by the construction of the
sidewalk improvement heretofore designated as Concrete Maintenance Project
No. 2016-01SWR is the amount stated in the proposed assessment roll.
2. The assessment for Sidewalk Assessment Project No. 2016-01SWR is hereby
approved and the assessment thereby specified are levied against each and
every lot, piece or parcel of land thereby described.
3. 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 9-43, South Dakota
Compiled Laws of 1967, as amended with interest of 10% on the unpaid
balance.
4. Assessments amounting to less than $300.00 shall be paid in one payment.
Resolution 17-050. A motion was made by Council Member Hansen, seconded by
Council Member Kidwiler, that Resolution 17-050, a Resolution setting forth a schedule
of Proposed Fines for Violations of the Ordinances of the City of Brookings, South
Dakota, be approved. The motion carried by the following vote: Yes: 6 - Corbett,
Niemeyer, Hansen, Kidwiler, Bacon, and Wendell.
Resolution 17-050 - A Resolution Setting Forth a Schedule of Proposed Fines for
Violations of the Ordinances of the City of Brookings, South Dakota.
Be It Resolved by the Governing Body of the City of Brookings, South Dakota, that the
following Schedule of Proposed Fines shall be effective as prescribed by law for all
violations of Ordinances set forth herein.
SCHEDULE OF PROPOSED FINES WITH COURT COSTS
Section Offense Fine Costs Total
Miscellaneous Offenses
62-180 Hours parks open to the public 60.00 60.00 120.00
Resolution 17-054. A motion was made by Council Member Bacon, seconded by
Council Member Niemeyer, that Resolution 17-054, a Resolution authorizing the City
Manager to Sign an Agreement for Federal Aviation Administration Grant for Airport
Paint Striper (Fuel Tax Funds), be approved. The motion carried by the following vote:
Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and Wendell.
Resolution 17-054 - Resolution Authorizing the City Manager to Sign an Agreement for
Federal Aviation Administration Grant for Airport Paint Striper (Fuel Tax Funds)
Whereas, the City of Brookings desires funding to purchase a paint striper for the
Brookings Regional Airport; and
Whereas, The State of South Dakota Department of Transportation Office of
Aeronautics has approved the use of allocated fuel tax funds for this project No.
AP0005-2017; and
Whereas, the Federal Aviation Administration is hereby requested to authorize the
project in accordance with the approved state financial assistance agreement.
Now, Therefore, Be Resolved, that the City Manager is hereby authorized to sign all
documents related to an agreement for an Airport Paint Striper, Federal Aviation
Administration Project No AP0005-2017.
Council Appointment. A motion was made by Council Member Bacon, seconded by
Council Member Wendell, to appoint Holly Tilton Byrne to the vacant City Council seat,
effective 5/9/2017-4/30/2018. The motion carried by the following vote: Yes: 5 - Corbett,
Niemeyer, Kidwiler, Bacon, and Wendell; No: 1 – Hansen.
Council Introduction of Topics For Future Discussion. A motion was made by
Council Member Hansen, seconded by Council Member Niemeyer, to direct staff to
research curbside compost bins or neighborhood compost collection areas. The motion
carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, and
Wendell.
Adjourn. A motion was made by Council Member Wendell, seconded by Council
Member Hansen, to adjourn the meeting at 7:12 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
Keith W. 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 #:ID 2017-0326,Version:1
Action on Annual Malt Beverage Alcohol License Renewals.
Summary:
Enclosed for Council review and action are the On and Off Sale Malt Alcohol License renewals for
fiscal year 2017 (7/1/2017 to 6/30/2018). After Council action, applications will be forwarded to the
State Department of Revenue for final action and issuance of licenses.
Recommendation:
Staff recommends approval.
Attachments:
License Renewals
City of Brookings Printed on 5/17/2017Page 1 of 1
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Malt License Renewals
On-Off Sale Malt (retail):
Aramark/McCrory Gardens Visitors Center, 16th St. & 22nd Ave.
Brookings Softball Assoc. (Southbrook Softball Diamonds), 2800 22nd Ave. So.
Carpy’s Pub, 700 22nd Ave. So.
Casino 2000, 622 25th Ave.
The Children’s Museum of South Dakota, 521 4th St.
The Clothes Line Lounge, 727 Wilson Ave.
Cubby’s Sports Bar & Grill, 307 Main Ave.
Danny’s, 703 Main Ave. So.
The Depot, 919 20th St. So.
EdgeBrook Golf Course, 1415 22nd Ave. So.
Gas ‘N Mor, 600 6th St.
George’s Pizza & Steakhouse, 311 Main Ave.
Guadalajara, Village Square Mall #1
Hy-Vee Food Store, 790 22nd Ave. S.
KRAVE, Inc., 1040 22nd Ave. S.
Main Street Pub, 408 Main Ave.
Mama Mia, 1300 Main Ave. So.
New Sake, Inc., 724 22nd Ave. So.
Old Sanctuary, 928 4th St.
1000 Degrees Pizza, 770 22nd Ave. So.
Pizza Hut #2769, 418 6th St.
PNP Pub, 318 2nd St. So.
Ray’s Corner, 401 Main Ave.
Schoon’s PNP Pub South, 1203 Main Ave. So.
Sixth Street Diner, 615 Main Ave. So.
Skinner’s Pub, 300 Main Ave.
South Main Diner, 615 Main Ave. S.
Swiftel Center, 824 32nd Ave.
Wooden Legs Brewing Co., 309 5th St., Suite 100
Off-Sale Malt (package):
BP of Brookings, Inc., 2420 6th St.
CHS (dba Zip Trip #63), 1005 6th St.
CHS (dba Zip Trip #64), 3045 LeFevre Dr.
Dakota Ram, Inc., 2515 E. 6th St.
El Tapatio, Inc., 1717 6th St.
Gas N Mor, 600 6th St.
Hy-Vee Food Store, 700 22nd Ave.
Hy-Vee Gas, 716 22nd Ave. So.
Jim’s Tap, 309 Main Ave.
Newman’s Kerr McGee, 503 6th St.
Pints & Quarts, 313 Main Ave.
Schoon’s Pump-n-Pak, 202 S. Main Ave.
Sully’s Irish Pub, 421 Main Ave.
Wal-Mart Supercenter #1538, 2233 6th St.
Off-Sale Malt and Off-Sale SD Farm Wine (package):
Casey’s General Store #1694, 620 8th St. So.
Casey’s General Store #2198, 122 West 6th St.
Casey’s General Store #2419, 534 22nd Ave. So.
On-Off Sale Malt & On-Off Sale SD Farm Wine (retail):
The Blizzard, Inc., 924 32nd Ave.
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 17-057,Version:1
Action on Resolution 17-057, a Resolution authorizing the City Manager to Sign the Bid Award and
Grant Documents for Brookings Regional Airport Project No. AIP #3-46-0005-029-2017, Runway
17/35 Improvements.
Summary:
This resolution will authorize the City manager to sign bid award and grant documents for Brookings
Regional Airport Project No. AIP #3-46-0005-029-2017, Runway 17/35 Improvements.
Background:
This project is the reconstruction of the south end of Runway 17/35, which is approximately 1,700
feet long and designed by Helms and Associates. The project work includes grading, subbase
course, aggregate base course, underdrain piping, asphalt paving, pavement marking, topsoiling,
seeding and other items of related construction.
The City held a bid letting on May 9, 2017 and the City received the following bids:
Midland Contracting Inc., Huron, SD $732,763.32
Bowes Construction, Inc., Brookings, SD $747,696.20
Duininck, Inc., Prinsburg, MN $1,209,285,74
The low bid from Midland Contracting, Inc. is approximately 24% lower than the Helms and
Associates Engineer’s Estimate of $961,511.50. It is anticipated that the City will receive a grant for
this project, which will be funded by 90% federal funds, 5% state funds, and 5% City funds.
This resolution will authorize the City to make the tentative award for AIP Project #3-46-0005-29-
2017, 17/35 Improvements, to Midland Contracting, Inc., Huron, SD, in the amount of $732,763.32,
contingent upon receipt of an FAA Grant Offer and the Brookings City Manager is authorized to sign
the FAA Grant Offer and all necessary paperwork for the Contract Documents.
Fiscal Impact:
The City’s estimated share of the construction project is $36,638.82.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
Map
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Resolution 17-057
Resolution Authorizing the City Manager to Sign Bid Award and Grant Documents
for Brookings Regional Airport Project No. AIP #3-46-0005-029-2017;
Runway 17-35 Improvements
Whereas, the Brookings City Council desires South Dakota Department of
Transportation assistance with the Brookings Regional Airport Project 3-46-0005-29-
2017; and
Whereas, the City of Brookings desires construction of Runway 17-35 Improvements
including grading, subbase course, aggregate base course, underdrain piping, asphalt
paving, pavement marking, topsoiling, seeding and other items of related construction.
Now, Therefore, Be It Resolved that the tentative award for AIP Project #3-46-0005-29-
2017, 17/35 Improvements is made to Midland Contracting, Inc., Huron, SD, in the
amount of $732,763.32, contingent upon receipt of an FAA Grant Offer and the
Brookings City Manager is authorized to sign the FAA Grant Offer and all necessary
paperwork for the Contract Documents.
Dated this 23rd day of May, 2017.
CITY OF BROOKINGS
_________________________
Keith W. Corbett, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
May 17, 2017
Jackie Lanning, P.E. – City Engineer
City of Brookings
P.O. Box 270
Brookings, SD 57006-0270
Re: Runway 17/35 Improvements
Brookings Regional Airport
Brookings, South Dakota
AIP #3-46-0005-029-2017
Helms #A-6333
Dear Ms. Lanning:
We would like to take this opportunity to make our “Engineer’s Recommendation of Award” for
the above referenced project.
The description of work is:
This project shall include the reconstruction of Runway 17/35 (±1,680’ x 60’). This work
includes full depth reclamation of existing asphalt surfacing and base material, grading,
remove and relay blended material, subbase course, aggregate base course, underdrain
piping, HMA paving, pavement marking, topsoiling, seeding and other items of related
construction
We have reviewed the bid proposal documents received and are recommending that the Base Bid
be tentatively awarded to the lowest bidder Midland Contracting, Inc., Huron, SD, in the amount
of $732,763.32, as their bid was complete and reasonable. We have also verified Midland
Contracting, Inc. has not been excluded at www.sam.gov.
The DBE goal was 3.0% for this project. The intended participation listed in Midland
Contracting, Inc.’s bid is 1.6%. We have reviewed the DBE Good Faith Effort documentation
and deem it as adequate.
The motion for award should read “Tentative award for AIP Project #3-46-0005-029-2017
Runway 17/35 Improvements is made to Midland Contracting, Inc., Huron, SD, in the amount of
$732,763.32 contingent upon receipt of an FAA Grant Offer”.
Also, to help meet what we expect to be short time lines in the grant process, the Council should
authorize the City Manager to sign the FAA Grant Offer and all necessary paperwork for the
Contract Documents.
If you have any questions, comments, or need any further information, please feel free to contact
our office at your convenience.
Sincerely,
Helms and Associates
Michael A. Schmit, P.E.
W/Enclosures
Cc: Ryan O’Rear – Airport Manager, City of Brookings
Brian Schuck, FAA – Dakota-Minnesota Airports District Office
Jon Becker, SD-DOT – Office of Air, Rail, and Transit
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 17-058,Version:1
Action on Resolution 17-058, a Resolution awarding the Contract on the sale of the surplus
Brookings Fire Dept. 1998 Freightliner FL-60 Tender.
Summary:
This resolution will award the contract for the sale of the surplus 1998 Freightliner FL-60 Tender to
the Gary Volunteer Fire Department for the contract amount of $25,501.
Background:
The City advertised for bids for the sale of the surplus 1998 Freightliner FL-60 Tender. The tender
was purchased with county and township money and transferred to the City Motor Pool. In-turn the
city housed, maintained, and insured it. The surplus 1998 Freightliner was replaced with a 2012
Kenworth 3,000 gal. Tender.
The City held a bid letting on Tuesday, May 16, 2017 and received the following bids:
Gary Volunteer Fire Dep’t: $25,501.00
Fairburn Fire District: $23,456.78
Harrold Rural Fire Dep’t: $22,500.00
Brandt Volunteer Fire Dep’t $17,500.00
The City recommends awarding the contract to Gary Volunteer Fire Department for the base bid of
$25,501.00.
Fiscal Impact:
The City will enter into a contract with Gary Volunteer Fire Department for the amount of $25,501.00.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 17-058
Resolution awarding the Contract on the sale of the surplus 1998 Freightliner FL-
60 Tender for the Brookings Fire Department
Whereas, the City of Brookings opened bids for the sale of the surplus 1998 Freightliner
FL-60 Tender on Tuesday, May 16, 2017 at 1:30 pm at the Brookings City & County
Government Center; and
Whereas, the City of Brookings has received the following bid: Gary Volunteer Fire
Dept. $25,501.00; Fairburn Fire District $23,456.78; Harrold Rural Fire Dept.
$22,500.00; Brandt Volunteer Fire Dept. $17,500.00.
Now Therefore, Be It Resolved, that the award be made to Gary Volunteer Fire
Department for the high bid of $25,501.00.
Passed and approved this 23rd day of May, 2017.
CITY OF BROOKINGS
________________________________
Keith W. 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 17-014,Version:1
Introduction and First Reading on Ordinance 17-014, an Ordinance pertaining to an application for a
Conditional Use Permit for a Brewpub in a Planned Development District on Lots 1-3, Block 4,
Folsom Addition (also known as 126 Main Avenue South). Public Hearing: June 13, 2017.
Summary:
The applicant is requesting a conditional use permit to establish a 1,535 square foot brew pub in a
mixed use building located in a PDD District.
Background:
The property is located at 126 Main Avenue South in “The Loft” mixed use development. The land
was zoned PDD, with an underlying B-1 District, to accommodate the building design. The building
was constructed in 2015 and the owner is working to fill the vacant commercial spaces. The mixed
use structure offers retail and business on the ground floor with residential apartments in the second
and third floors. The proposed brewpub would occupy the business space on the south side of the
building. The applicant would like to begin serving only beer and then add food to the menu after a
few months. The general area includes a variety of uses including retail, offices, businesses, and
residential.
A brewpub is a conditional use in the B-1 District. A brewpub shall comply with the following
conditions:
1. The area used for brewing, including bottling and kegging, shall not exceed 25 percent of the total
floor area of a combined restaurant and drinking establishment and 50 percent of the total floor area
of a drinking establishment without restaurant service.
The proposed brewpub meets these requirements as the brewing area occupies 22% of the total
floor area for a restaurant and drinking establishment.
2. A malt beverage manufacturer’s license must be obtained per State law.
Prior to opening, the applicant shall obtain the license.
3. An alcohol beverage license shall be obtained per city ordinance.
Prior to opening, the applicant shall obtain the license.
4. The brewery shall not produce more than 1,500 barrels of beer and ale per year. A barrel contains
31 gallons.
The applicant is estimating a maximum capacity of 240 barrels per year.
5. The method and frequency of grain shipments to the site shall be provided.
The application states about 288 sacks of grain will be delivered per year. The grain will be delivered
to the west side of the building about every six (6) weeks.
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File #:ORD 17-014,Version:1
6. The method and frequency of spent grain disposal shall be provided.
The application states that spent grain will be sealed in an airtight container and picked up by a local
cattle farmer on a weekly basis.
Planning Commission Recommendation:
The Planning Commission voted 7-0 to recommend approval of the conditional use.
Attachments:
Ordinance
Hearing Notice
05-02-2017 Planning Commission Minutes
Applicant Letter
Floor Plan
Site Plan
Aerial Map
Applicant Presentation
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Ordinance 17-014
An Ordinance pertaining to an Application for a Conditional Use Permit
for a Brewpub in a Planned Development District.
Be It Ordained by the governing body of the City of Brookings, South Dakota that said
Conditional Use shall be approved for Brewpub on Lots 1-4, Block 4, Folsom Addition,
also known as 126 Main Avenue South, with the following conditions:
(1) The area used for brewing, including bottling and kegging, shall not exceed 25
percent of the total floor area of a combined restaurant and drinking
establishment and 50 percent of the total floor area of a drinking establishment
without restaurant services.
(2) A malt beverage manufacturer's license must be obtained per State law.
(3) An alcohol beverage license must be obtained per city ordinance.
(4) The brewery shall not produce more than 1,500 barrels of beer and ale per
year. A barrel contains 31 gallons.
(5) The method and frequency of grain shipments to the site shall be provided.
(6) The method and frequency of spent grain disposal shall be provided.
All sections and ordinances in conflict herewith are hereby repealed.
First Reading:May 23, 2017
Second Reading:June 13,2017
Published:June 16, 2017
CITY OF BROOKINGS
__________________________
Keith W. 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 OPEL Properties, LLC submitted an
application for a Conditional Use on the following described real estate:
Lots 1-4, Block 4, Folsom Addition, also known as 126 Main Avenue South
The request is to establish a brewpub in a PDD, Planned Development District.
NOTICE IS FURTHER GIVEN that said request will be acted on by the City
Planning Commission at 5:30 PM on Tuesday, May 2, 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 21st day of April, 2017.
____________________________
Staci Bungard
City Planner
Planning Commission
Brookings, South Dakota
May 2, 2017
OFFICIAL MINUTES
Vice-Chairperson Greg Fargen called the regular meeting of the City Planning
Commission to order on Tuesday, May 2, 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, Alan Gregg, Alan Johnson, Lee Ann Pierce, Kristi
Tornquist and Greg Fargen. Al Heuton was absent. Also present were City Planner
Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie
Lanning, Shawn Weber, and others.
Item #6a – Opel Properties LLC has submitted an application for Conditional Use on
Lots 1-4, Block 4, Folsom Addition, also known as 126 Main Ave South. The request is
to establish a brewpub in a PDD, Planned Development District.
(Pierce/Aiken) Motion to approve the Conditional Use application. All present voted
aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #6a– This conditional use application is to establish a brew pub in a mixed use
building located in a PDD District. The mixed used structure is occupied by commercial
uses on the first floor and residential apartments on the 2nd and 3rd Floor. The brew pub
cannot exceed 25% of the total floor area, and they will be occupying 22%. The
applicant shall obtain a malt beverage license prior to opening. The brewery shall not
have more than 1,500 barrels of beer per year. The applicants is anticipating 240
barrels per year. The method and frequency of grain shipments to the site shall be
provided and Shawn anticipates 288 sacks which will be delivered to the west side of
the building about every 6 weeks. And the method and frequency of spent grain
disposal shall be provided. Shawn explained that the spent grain will be picked up
weekly by a local farmer.
Tornquist asked what the plans are for parking. Shawn explained that the parking lot to
the west will be utilized. The residential tenants have set parking and the remaining 18
parking spots are available for the commercial businesses.
Drew inquired about the parking requirements in this PDD. Struck explained that since
the underlying zoning is a B-1 District, there is not a parking requirement.
Pierce asked if garbage disposal requirements can be applied to a Conditional Use
permit. Struck stated that if there are conditional stipulations, they can discuss this
during this request. Shawn explained that the spent grain will be stored indoors, in air
tight containers until a local farmer is able to come pick it up. The regular trash will be
disposed in the dumpsters that are provided by the landlord.
Tornquist asked if this Conditional Use stays with the property or with the applicant.
Struck explained that if the applicant so chose to sell this brewery, the conditional use
would stay with the use. However, if the brewery closed business and in the future
someone wanted a brewery, they would need to apply for another conditional use.
85 ft
Eponymous Brewing Co.•Smaller brewpub, operating on a 2 barrel system (62 gallons)•6-8 rotating in-house taps, 2-4 local guest taps•37 seats•3 tables, 18 seats•13 seats at the bar•2 couches, 5 seats•Small kitchen, scheduled to be completed 3-4 months after opening•Buildout will take 8-10 months•Construction, Equipment and Licenses/Permits
3D Rendering
Sec. 94-260.3. Conditional Use – Brewpub(1) The area used for brewing, including bottling and kegging, shall not exceed 25 percent of the total floor area of a combined restaurant and drinking establishment.Brewery will be 214 sqft, 84 sqft for grain storage, and 41 sqft for the utility closet, totaling 339 sqft, 22% of the total 1535 sqft.(2)A malt beverage manufacture’s license must be obtained per State law.TTB license must be obtained before MB Manufacturing License can be issued.(3)An alcohol beverage license must be obtained per city ordinance.TTB license must be obtained before MB Retail License can be issued.
Sec. 94-260.3. Conditional Use – Brewpub(4) The brewery shall not produce more than 1,500 barrels of beer and ale per year. A barrel contains 31 gallons.Max manufacturing capacity is 240 barrels based on current equipment(5)The method and frequency of grain shipments to the site shall be provided.120 pounds of grain used per brew sessionReceived in 50-55 pound sacks, 38 sacks per palletMax capacity usage of 288 sacks per year8 grain deliveries a year, once every 6 weeksDelivered by UPS sized truck with a lift gate(6) The method and frequency of spent grain disposal shall be provided.Grain will be picked up twice a week by local cattle farmer, stored in airtight plastic containers at in the utility closet until pick up.
Floor Plan
Site Plan
Aerial Map
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:4
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 has changed from First Reading held
March 28, 2017).
Summary:
The City of Brookings is proposing an amendment to the Zoning Ordinance primarily to include
definitions and regulations for Distributed Antenna Systems (DAS) and Small Cell Facilities.
Council Action History: A First Reading was held on March 28, 2017, with a Second Reading was
held on April 25, 2017 where it was tabled to May 9, 2017. Due to significant changes, the process
for this Ordinance restart with a First Reading on May 9, 2017.
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 - clean - posted 5.4.2017
Ordinance - marked - posted 5.4.2017
Letter from Moss & Barnett - posted 4.19.2017
Notice
PC Minutes 3-14-2017
SDN Presentation
SDN Small Cell Brochure
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File #:ORD 17-008,Version:4
Small Cell Permit Application
Ordinance - marked version - posted 4.19.2017
Ordinance - clean - posted 3.23.2017
Ordinance - marked version - posted 3.23.2017
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Posted 5.4.2017
(This Ordinance has changed since 3/28/2017 First Reading)
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, light poles, signs, elevated water tanks and steeples upon
which an applicant proposes to install 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,
with each node including at least one antenna, but not more than three antennas
per provider, 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 cabinets, pedestals and similar devices.
Posted 5.4.2017
(This Ordinance has changed since 3/28/2017 First Reading)
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. Each provider’s equipment enclosures shall be 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,
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 City, including but not
limited to radio/tv/satellite and broadcast towers, telephone service, including new
microwave or cellular towers, personal wireless service facilities, DAS, small cell
facilities and Temporary WCF.
(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
Posted 5.4.2017
(This Ordinance has changed since 3/28/2017 First Reading)
(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.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.
c.Procedure for Administrative Review for WCFs in the public right of way:
(1) The City shall issue a written decision concerning the application within
sixty (60) days of submission of the initial application unless (a) the City
notified the applicant that its application was incomplete within thirty (30) days
of filing. If so, the remaining time from the sixty (60) day total review time is
suspended until the applicant provides the missing information, (b) extension
of time is agreed to by the applicant, or (c) additional time required by
processes of the Federal Aviation Administration (FAA), the State Historic
Preservation Office or the Historic Preservation Commission, if applicable to
the proposed installation, and to the extent that the same are beyond the
control of the City. The running of the aforementioned sixty (60) day period
shall not otherwise be tolled.
(2) Failure to issue a written decision within sixty (60) days shall constitute
an approval of the application.
(3) The provisions of this subsection (c) do not apply to applications for
facilities outside of the public rights of way in the municipality.
(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
Posted 5.4.2017
(This Ordinance has changed since 3/28/2017 First Reading)
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 tower structure shall not exceed the
maximum height of 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.
Exceptions: Antennas co-located upon existing structures. In addition, 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
Posted 5.4.2017
(This Ordinance has changed since 3/28/2017 First Reading)
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 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 G 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 entities desiring to use the
telecommunications facility 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 FAA, 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.
Posted 5.4.2017
(This Ordinance has changed since 3/28/2017 First Reading)
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:May 9, 2017
Second Reading:May 23, 2017
Published:May 26, 2017
CITY OF BROOKINGS, SD
__________________________________
Keith W. Corbett, Mayor
ATTEST:
_____________________________
Shari Thornes, City Clerk
Posted 5.4.2017
(This Ordinance has changed since 3/28/2017 First Reading)
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: [All revisions to this definition are proposed by Verizon
Wireless. ]An existing building or structure such as, but not limited to, utility poles,
light poles, signs, elevated water tanks and steeples upon on which an applicant
proposes to install 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,
with each node including at least one antenna, but not more than three antennas
per provider, 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 [Verizon Wireless input: ] cabinets, pedestals and similar devices.
Posted 5.4.2017
(This Ordinance has changed since 3/28/2017 First Reading)
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. Each provider’s Primary equipment enclosures shall be 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 City,
including but not limited to radio/tv/satellite and broadcast towers, telephone
service, including new microwave or cellular towers, personal wireless service
facilities, DAS, small cell facilities and Temporary WCF.
(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
Posted 5.4.2017
(This Ordinance has changed since 3/28/2017 First Reading)
(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 (b) and (c) are
proposed 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 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.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.
c.Procedure for Administrative Review for WCFs in the public right of way:
(1) The City shall issue a written decision concerning granting the application
within sixty (60) days of submission of the initial application unless (a) the
City notified the applicant that its application was incomplete within thirty (30)
days of filing. If so, the remaining time from the sixty (60) day total review
time is suspended until the applicant provides the missing information, (b)
extension of time is agreed to by the applicant, or (c) additional time required
by processes of the Federal Aviation Administration (FAA), the State Historic
Preservation Office or the Historic Preservation Commission, if applicable to
the proposed installation, and to the extent that the same are beyond the
control of the City. The running of the aforementioned sixty (60) day period
shall not otherwise be tolled.
(2) Failure to issue a written decision within sixty (60) days shall constitute
an approval of the application.
(3) The provisions of this subsection (c) do not apply to applications for
facilities outside of the public rights of way in the municipality.
(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
Posted 5.4.2017
(This Ordinance has changed since 3/28/2017 First Reading)
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 tower structure shall not exceed the
maximum height of 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.
Exceptions: Antennas co-located upon existing structures. In addition, 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
Posted 5.4.2017
(This Ordinance has changed since 3/28/2017 First Reading)
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 G 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 entities desiring to use the
telecommunications facility 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 FAA, 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.
Posted 5.4.2017
(This Ordinance has changed since 3/28/2017 First Reading)
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:May 9, 2017
Second Reading: May 23, 2017
Published: May 26, 2017
CITY OF BROOKINGS, SD
__________________________________
Keith W. Corbett, Mayor
ATTEST:
____________________________________
Shari Thornes, City Clerk
+++++ 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.
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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
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
Disregard this Ordinance
Posted 4.19.2017
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.
Disregard this Ordinance
Posted 4.19.2017
(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
Disregard this Ordinance
Posted 4.19.2017
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
Disregard this Ordinance
Posted 4.19.2017
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.
Disregard this Ordinance
Posted 4.19.2017
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
Disregard this Ordinance
Posted 4.19.2017
Disregard
Posted 3.28.2017
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
Disregard
Posted 3.28.2017
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
Disregard
Posted 3.28.2017
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.
Disregard
Posted 3.28.2017
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,
Disregard
Posted 3.28.2017
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
Disregard
Posted 3.28.2017
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
Disregard
Posted 3.28.2017
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.
Disregard
Posted 3.28.2017
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
Disregard
Posted 3.28.2017
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.
Disregard
Posted 3.28.2017
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.
Disregard
Posted 3.28.2017
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
Disregard
Posted 3.28.2017
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
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:2
TABLED ITEM: 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.
Attachments:
Resolution
City of Brookings Printed on 5/17/2017Page 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 23rd day of May, 2017.
CITY OF BROOKINGS
_______________________________
Keith W. 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 #:RES 17-056,Version:1
Public Hearing and action on Resolution 17-056, a Resolution Determining the Necessity of
Repairing or Installing Sidewalks in the City of Brookings at the Expense of Abutting Property
Owners, 2017-01SWR Concrete Maintenance Project.
Summary:
This resolution will authorize the City to proceed with the sidewalk repairs and assessment project.
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. This project was bid and awarded to Clark Drew Construction
Inc. This resolution is the first step in starting the assessment project for the sidewalk repairs.
The City mailed letters to the property owners giving them the option of repairing the sidewalks
themselves or to be added to the City repair project. The properties included in this project are the
sidewalks that were not completed by the property owners from the 2016 project area, and the
property owners who volunteered to be on the project in the 2017 project area. The property owners
are shown on the attached list.
The contract prices for the project, including the 6% engineering and administration fee are:
Remove 4” thick Sidewalk:$2.86 per square foot
Install 4” thick Sidewalk:$7.00 per square foot
Adjust Curb Stop (if needed):$190.80 per each
Each property owner was mailed a notice of the public hearing by receipt certified mail. The City
Engineering staff received a few calls from citizens who already repair their sidewalk and their names
have been removed from the repair list. This resolution will authorize the City’s contractor to proceed
with construction of the sidewalk assessment project.
Fiscal Impact:
The City will assess the cost of the sidewalk repairs when the assessment is levied.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
Sidewalk Replacement List
City of Brookings Printed on 5/18/2017Page 1 of 1
powered by Legistar™
Resolution 17-056
Resolution Determining the Necessity of Repairing or Installing Sidewalks in the
City of Brookings at the Expense of Abutting Property Owners;
2017-01SWR Concrete Maintenance Project
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. It is hereby determined that sidewalk repairs or installation is necessary abutting the
parcels and lots of land in the City described in the Notice to Property Owners attached
to this Resolution and marked as 2017-01SWR Concrete Maintenance Project.
2. Such sidewalks shall be installed to the width and of the materials prescribed by
Chapter 74, “Streets, Sidewalks and other Public Places” and Article V. “Sidewalks”,
and to the grade and in accordance with the Plans and Specifications prepared in the
office of the City Engineer.
3. The method of apportionment of benefits is as follows: 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
Section 9-43-102, South Dakota Compiled Laws of 1967, as amended, with interest of
10% on the unpaid balance. Assessments amounting to less than $300.00 shall be
paid in one payment.
3. The City Clerk has caused a copy of the Resolution and a Notice to Property
Owners to be mailed to each property owner by certified mail.
Passed and approved this 23rd day of May, 2017.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
ATTEST:
Shari Thornes, City Clerk
2017-01 SIDEWALK ASSESSMENT PROJECT
17th Ave S Dan Anderson 10431 166th St. W. Lakeville, MN 55044
Jefferson Ave S Angela Boersma 118 Jefferson Ave. S. Brookings, SD 57006
14th Ave William & Amy Aylor 125 14th Ave. Brookings, SD 57006
Jefferson Ave Karen Korkow 125 Jefferson Ave. Brookings, SD 57006
Jefferson Ave Duane Knutson 1504 Western Ave. Brookings, SD 57006
Lincoln Ln S Benjamin & Andrea L'Amour 202 Lincoln Avenue South Brookings, SD 57006
16th Avenue James & Cynthia Juntunen 221 16th Avenue Brookings, SD 57006
14th Ave Brandt Kreyger 222 14th Ave. Brookings, SD 57006
20th Ave Randy Knutzen 239 20th Ave Brookings, SD 57006
19th Ave S Kenneth & Debra Tiefenthater 302 19th Ave. S. Brookings, SD 57006
18th Ave S Monte & Sheila Gummer 304 18th Ave. S. Brookings, SD 57006
Lincoln Ln S Loren & Frances Hanson 310 Lincoln Ln. S. Brookings, SD 57006
15th Ave Kevin & Sherry Ishol 1007 Crystal Ridge Rd. Brookings, SD 57006
Ohio Dr Kelli Herman 411 Ohio Dr. Brookings, SD 57006
12th Ave Bryan Jaske 416 12th Ave. Brookings, SD 57006
Dakota Ave Douglas & Mary Malo 434 Dakota Ave. Brookings, SD 57006
20th Ave Eric Brockhoft 527 20th Ave. Brookings, SD 57006
14th Ave Brookings Municipal Utilities 520 3rd St. STE. 230 Brookings, SD 57006
Elm Ave Lori Mergen 613 Elm Ave. Brookings, SD 57006
Faculty Dr Gregory Mix 1609 7th St. Brookings, SD 57006
Medary Ave Timothy & Mary Reed 627 Medary Ave. Brookings, SD 57006
Park Ave Dennis Jones 644 Park Ave. Brookings, SD 57006
Faculty Dr Duane Sanders Living Trust 660 Faculty Dr. Brookings, SD 57006
Faculty Dr Munsterman Properties LLC 179 Prairie Quay Dr. Lake Norden, SD 57248
14th Ave Lambda Chi Alpha House Corp 630 Western Ave. Brookings, SD 57006
12th St S Bart & Kimberly Sweebe 1017 12th St. S. Brookings, SD 57006
1st St Nicole Poppen 1025 1st Street Brookings, SD 57006
5th St Brooks & Lisa Behrend 1105 5th St. Brookings, SD 57006
6th St Grorud Family Trust 132 E Lake Dr. Estelline, SD 57006
5th St Kyle & Jessica Schad 1125 5th St. Brookings, SD 57006
2nd St Marlys Kelsey 1125 2nd Street Brookings, SD 57006
3rd st Sharon Palo 1202 3rd St. Brookings, SD 57006
5th St Matt & Karyn Warhke 1206 5th St. Brookings, SD 57006
2nd St Rudolph Curtler 2661 Cougar Path NW. Prior Lake, MN 55372
6th St Brett Behrends 1630 Elmwood Dr. Brookings, SD 57006
5th St VK Properties LLC 603 5th Ave. Brookings, SD 57006
4th St Dorance & Pauline Enevoldsen 1302 4th St. Brookings, SD 57006
5th St Paul & Marie Baggett 1302 5th St. Brookings, SD 57006
8th St Ella Lane 1302 8th St. Brookings, SD 57006
4th St Todd Voss 603 5th Ave. Brookings, SD 57006
4th St Robert & Kimberly Drake 964 N Lake Dr. Watertown, SD 57201
3rd st Kelley Van Beek & Stacey Vostad 1320 3rd Street Brookings, SD 57006
2nd St Alan Roehr 1329 2nd Street Brookings, SD 57006
4th St Christopher Garry 1331 4th Street Brookings, SD 57006
3rd St Christopher Anderson 1333 3rd St. Brookings, SD 57006
City, St, ZipProperty Address Property Owner Mailing Address
3rd st Robert & Vanessa Munson 1414 3rd Street Brookings, SD 57006
3rd st Mathew & Janet Sorenson 1514 3rd Street Brookings, SD 57006
Olwein St Ty Eschenbaum 1602 Olwien St. Brookings,SD 57006
Orchard Dr Scott & Susan Gehring 1715 Orchard Dr. Brookings, SD 57006
Olwein St Dawn & Troy Syhre 1720 Olwein St. Brookings, SD 57006
Olwein St Kristine & Brian Graslie 1813 Olwein Street Brookings, SD 57006
Olwein St Palmer & Bernice Brost 1906 Olwein Street Brookings, SD 57006
Derdall Dr Dustin & Summer Edminson & James Anderson 1924 Derdall Dr. Brookings, SD 57006
Elmwood Dr Kyle & Olivia Isenberg 2003 Elmwood Dr. Brookings, SD 57006
3rd St Tharakorn & Pravara Kulvicht 2035 3rd St. Brookings, SD 57006
Olwein St Jason & Denise Simon 2109 Olwein St. Brookings, SD 57006
Olwein St Jason & Holly Beynon 2122 Olwein St Brookings, SD 57006
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 2017-0303,Version:1
Action on a Preliminary Plat of Lots 4A, 5, 6, 7, & 8, Block 1; Lots 1A, 3A, 3B, 4A, 4B, 5A, 5B, 6A, &
6B, Block 2 of the Americana Addition.
Summary:
The applicant is seeking preliminary plat approval of a revised preliminary plat for 14 residential lots
in an R-1B District.
Background:
The original preliminary plat was approved by the Planning Commission on June 7, 2016. Access is
provided to the property by Constitution Boulevard which connects to 22nd Avenue South. The
streets shown on the plat have already been constructed and utilities are generally available in the
streets. The lots are intended for low density single family residential development.
This revised preliminary plat shows one (1) additional lot on the west side of Franklin Avenue. The
lots in this area have been re-configured to better accommodate the utilities and provide additional
buildable area. The developer is working with Brookings Municipal Utilities (BMU) to re-locate
infrastructure as necessary for the new lot configuration. All the lots will still meet the minimum
frontage width and area requirements of the Residence R-1B District. The drainage plan has been
submitted and approved by City Engineering.
Findings of Fact:
1. The preliminary plat meets the requirements set forth in the Subdivision Regulations.
2. All lots meet the requirements of the R-1B District.
3. City services are available to the property.
4. The land is not located in the floodplain.
Planning Commission Recommendation:
The Planning Commission voted 7-0 to recommend approval of the Preliminary Plat.
Attachments:
05-02-2017 Planning Commission Minutes
Hearing Notice
BMU Preliminary Plat with Comments
Preliminary Plat
Original Preliminary Plat
City of Brookings Printed on 5/17/2017Page 1 of 1
powered by Legistar™
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.
NOTICE OF HEARING ON A PRELIMINARY PLAT
NOTICE IS HEREBY GIVEN That Denholm Addition, LLC, has submitted a
preliminary plat of the following described real estate situated in the City of Brookings in
Brookings County, South Dakota, to wit:
Lots 4A, 5, 6, 7, & 8, Block 1 and Lots 1A, 3A, 3B, 4A, 4B, 5A, 5B, 6A, & 6B,
Block 2, Americana Addition
NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning
Commission at 4:30 PM on Tuesday, May 2, 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.
____________________________
Staci Bungard
City Planner
Planning Commission
Brookings, South Dakota
May 2, 2017
OFFICIAL MINUTES
Vice-Chairperson Greg Fargen called the regular meeting of the City Planning
Commission to order on Tuesday, May 2, 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, Alan Gregg, Alan Johnson, Lee Ann Pierce, Kristi
Tornquist and Greg Fargen. Al Heuton was absent. Also present were City Planner
Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie
Lanning, Shawn Weber, and others.
Item #4a – Denholm LLC has submitted a preliminary plat of Lots 4A, 5, 6, 7, & 8,
Block 1 and Lots 1A,3A,3B,4A,4B,5A,5B,6A,6B, Block 2, Americana Addition, City of
Brookings.
(Johnson/Gregg) Motion to approve the preliminary plat. All present voted aye.
MOTION CARRIED.
OFFICIAL SUMMARY
Item #4a –This is a revised preliminary plat of 14 residential lots. The preliminary plat
was originally approved back in June of 2016. This revised plat does show one
additional lot on the west side of Franklin Avenue. All other requirements are being
met.
PROPERTY LINE
VACATED BY THIS
PLAT (BK 20 PG 16)
BLOC
K
5
HYLA
N
D
A
D
DI
TI
O
N
X V Q C B E1
CONSTITUTION BLVD
NE1/
4
S
E
1/
4
EXC.
L
O
T
H-
1
&
E
X
C.
PLAT
T
E
D
A
R
E
A
S
SEC.
3
6-
T
1
1
0
N-
R
5
0
W
FRAN
K
E.
&
MI
L
D
R
E
D
T.
DENH
O
L
M
R
E
V
LI
VI
N
G
T
R
U
S
T 22ND AVE. S.BLO
C
K
5
HYLA
N
D
A
D
DI
TI
O
N
1A
1B
2A
3
A B
2
7
8 911 FRANKLIN AV.FREEDOM ST
BLOC
K
1
AME
RI
C
A
N
A
A
D
DI
TI
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60'
ROW
40'ROW40'ROW60'
ROW
60'ROW40'ROW40'ROWR60'R6
0
'
40'
ROW
40'
ROW SECTION LINE60 59 58 57 50 49 18 17 10 9 8A 7A 6 5
4 3
BLO
C
K
2
AME
RI
C
A
N
A
A
D
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BLOC
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1
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RI
C
A
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A
A
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N
PROPERTY LINE
VACATED BY THIS PLAT
(BK 20 PG 16)
10
22,178± S.F.
7
8
23,016± S.F.
5
27,527± S.F.
4A
27,278± S.F.
6
27,111± S.F.
5A
23,059± S.F.
5B
20,384± S.F.
6A
18,057± S.F.
6B
26,048± S.F.
20,471± S.F.
4A
23,218± S.F.
4B24,651± S.F.
1A
15,032± S.F.
3A
18,510± S.F.
3B
BLOCK
2
AMERIC
A
N
A
ADDITIO
N
N88°17'56"E
196.76'(M) - 196.60'(R)S02°06'18"E84.99'S02°06'18"E191.66'S02°06'18"E128.30'S02°06'18"E95.00'S02°06'18"E70.70'S88°13'15"W
174.72'(M) - 174.91'(R)
N02°01'51"W
35.26'(M) - 36.33'(R)N11°16'57"E85.41'(M) - 85.58'(R)N01°44'39"W146.53'S55°
3
8'
4
5"
W
183.
0
0 'S88°06'14"W
197.48'
S88°06'14"W
226.74'
S88°06'14"W
238.29'C1C2C3C4 C5C6C7C
8
N88°09'13"E
175.05'(M) - 175.09'(R)S02°06'18"E75.07'S02°06'18"E99.22'S02°06'18"E95.00'S02°06'18"E101.73'S88°03'13"W
150.10'
N15°39'59"W
31.06'N15°39'59"W60.98'
N01°38'10"W
34.22'(M) - 34.87'(R)
S88°09'13"W
238.30'
S88°13'35"W
225.34'
S88°13'35"W
203.27'C10C1
1C12C13C14C15 C
9
N02°08'32"W224.41'(M) - 224.33' (R)N88°43'49"E
99.73'(M) - 99.99' (R)S02°14'24"E218.59'N02°14'24"W197.29'S88°13'10"W
110.30'
C1
6
C18 C1
9
S02°05'28"E
35.41'(M) - 35.33'(R)C20S88°13'10"W
39.86'
S88°18'54"W
55.14'128.48'
C17
S15°39'59"E88.55'90.59'N02°14'24"W166.99'99.61'C21C22N88°18'54"E
N02°05'10"W167.18'(M) - 167.07'(R)190.20'(M) - 190.11'(R) - S88°11'31"W
90.14'93.48'
CURVE TABLE
CURVE
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
C12
C13
C14
C15
ARC LENGTH
63.21'
39.16'
50.32'
95.71'
46.09'
25.28'
86.09'
59.33'
62.78'
64.84'
24.68'
36.69'
99.90'
55.92'
39.18'
RADIUS
40.00'
25.00'
822.28'
822.28'
822.28'
30.00'
60.00'
60.00'
40.00'
60.00'
30.00'
822.28'
822.28'
822.28'
25.00'
CHORD LENGTH
56.84'
35.28'
50.31'
95.66'
46.08'
24.54'
78.89'
56.94'
56.53'
61.73'
23.99'
36.68'
99.84'
55.91'
35.29'
CHORD BEARING
S43°10'05"W
N46°54'18"W
N0°15'17"W
N4°49'58"E
N9°46'24"E
N35°36'40"E
N18°26'29"E
N50°59'35"W
S46°54'34"E
N32°55'03"W
N38°37'11"W
N14°19'32"W
N9°34'01"W
N4°08'17"W
N43°15'32"E
C16
C17
C18
C19
C20
11.37'
98.23'
95.06'
36.87'
155.09'
240.00'
240.00'
240.00'
25.00'
882.28'
11.37'
97.55'
94.44'
33.62'
154.90'
S66°01'50"E
S79°06'48"E
N77°48'52"E
S43°55'56"E
S7°07'21"E
C21
C22
50.79'
46.04'
882.28'
24.97'
50.78'
39.79'
S14°10'04"E
S36°32'26"W
Designer = Banner (attn. Jesse Ulvestad)
Consult City of Brookings City Engineer's
office for Drainage Easement requirements.
All "Drainage" easements required by the
City Engineer's office must be denoted as
"Drainage/Utility" easements.
STST ST ST ST
STSTSTSTBLOCK 5PINEHURST DRIVEAUGUSTA CIRCLEEDGEBROOK CIRCLE8'' S8'' S8'' S8'' S8'' S8'' S6'' W6'' W6'' W6'' W6'' W6'' W8'' S8'' S8'' S8'' S8'' S8'' S8'' W8'' W8'' W8'' W8'' W8'' W8'' W8'' W8'' S 8'' S 8'' S 8'' S 8'' S 8'' S 8'' S 8'' S
8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W
8'' W
8'' S
8'' S8'' S8'' S
8'' S
6'' W
6'' W6'' W6'' W8'' S8'' S8'' W8'' W15'' ST15'' ST 15'' ST 15'' ST 15'' ST 15'' ST 15'' ST 15'' ST 15'' ST15'' ST8'' S 8'' S 8'' S 8'' S 8'' S 8'' S 8'' S 8'' S 8'' S 8'' S 8'' S 8'' S8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' W 8'' WUGEUGEUGEUGEUGEUGEUGE UGE UGE UGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE UGE
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R60'R60'40'ROW40'ROWSECTION LINESS SSTSTSTSTSSMISC.S12'' ST15LARRY A FJELDOSJUSTIN FJELDOSJANICE L. FJELDOSBLOCK 5HYLAND ADDITIONJJHHEEX6463848387V
QCBE14DELL J. &NADINE M. POPPINGA5WAYNE P. &DEBRA K. WOLFORTH6STEVEN A. &TARA L. WILBER16BRADLEY J. &ANDREA SCHMIDT17CHAD M. &LORI K. MUNSTERMAN7MICHAEL &LAURA KONDRATUK6CHAD G. BORTNEM5PAUL R. &KRISTINE K. RYSTROM4CHRISTOPHER M. &NICOLE M. BONO3GEMECHIS DJIRA &BIKILTU JOBIR2RYAN L. &TANNA M. STADLER1KENT R. &STEPHANIE KORTAN1ACORY FOERSTER2MICHAEL &KAREN LEIFGEN3JEFFREY P. &JILL S. JOHNSON4MATTHEW J. &DANIELLE L. LOBAN5MICHAEL J. &TINA L. BIRGEN6TIMOTHY W. &MARY B. LUNNEBORG7LANCE & LORI ISCHEN8RYAN & AMY RIDDERBLOCK 5MORIARTY-EDGEBROOKADDITION
BLOCK 6MORIARTY
-EDGEBROOKADDIT
ION CONSTITUTIONBLVDNE1/4 SE1/4EXC. LOT H-1 & EXC.PLATTED AREASSEC. 36-T110N-R50WFRANK E. & MILDRED T.DENHOLM REV LIVINGTRUSTBLOCK 2AMERICANA ADDITIONBLOCK 5MORIARTY-EDGEBROOKADDITIONDORAL DRIVE DORAL DRIVE15TH ST. S.22ND AVE. S.BLOCK 5HYLAND ADDITION
1AFRANK E. &MILDRED T. DENHOLM1BWILLIAM A. &BONNIE L. ZINK2ASHAUN &TASHA RAUSCH 3EDWARD &DEANNE WENINGERA B 2TIMOTHY &SUEANN M. MOUW 7FRANK E. &MILDRED T. DENHOLM 8STEVEN P. &AMBER K. SLABAUGH 9DEAN OTTO NESHIEMLIVING TRUST 10RONALD D. &POURAN B.BORCHARDT11SHELDON &ROBYN RASMUSSEN1213DANIEL J. &SHANNON L. PUPPE14GEOFFREY B. &ELIZABETH J. JOHNSON15RUSSELL D. &KATHRYN J. HALGERSON163714188FRANKLIN AVEFREEDOM STBLOCK 1AMERICANA
ADD
IT
IONBLOCK 2AMERICANA
ADD
IT
ION 60595857504918171098A7A6522,178± S.F. 726,048± S.F. 823,016± S.F. 527,527± S.F.4A27,278± S.F. 627,111± S.F. 5A23,059± S.F.5B20,384± S.F. 6A18,057± S.F. 6B15,032± S.F. 3A18,510± S.F. 3B20,471± S.F. 4A23,218± S.F. 4B24,651± S.F. 1A95'±98'±100'±37'±35'±
1 5 5 '±
197'±
219'±
224'±110'±40'±55'±35'±93'±167'±91'±100'±46'±
89 '±
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3 7 '±
95 '±99 '±238'±5 6 '±34'±40
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46'±
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FOR CONSULTANTS:F:\22357-00\Design Phase\Acad\Preliminary Plat - Americana Addition.dwg;5/8/2017 8:04 AM
REV.DRAWN BY:JOB NO :DATE :CHECKED BY:DESIGNED BY:DATEDESCRIPTIONSHEET NO. :SHEET TITLE :PROJECT TITLE :PROJECT LOCATION :409 22nd Ave. S. P.O. Box 298Brookings, South Dakota 57006Tel: 605-692-6342Toll Free: 1-855-323-6342www.bannerassociates.com1"1/2"0SCALE REDUCTION BARAMERICANAADDITIONBROOKINGSSOUTH DAKOTAJLUJDBBJW22357-00MAY 20161 OF 1PRELIMINARYPLATLEGENDMONUMENT (FOUND)EXISTING CONTOURS1600EXISTING PROPERTY LINEPROPOSED PROPERTY LINEBUILDING SETBACK LINENAT'L FLOOD INSURANCE PROGRAMMAP PANEL NO. 46011C0445CDATE: JULY 16, 2008ZONE "X" OUTSIDE 0.2% ANNUAL CHANCE FLOODPLAINFLOOD ZONE DESIGNATIONEXISTING WATER LINEWNEW WATER LINEWEXISTING UNDERGROUND ELECTRIC LINEUGEEXISTING FIBER OPTIC LINEUGFEXISTING TELEPHONE LINEUGTMONUMENT SET THIS SURVEY(5/8" REBAR W/STAMPEDPLASTIC CAP #9924)EXISTING BARBWIRE FENCEXPRELIMINARY PLATLOTS 4A, 5, 6, 7 AND 8 IN BLOCK 1;LOTS 1A, 3A, 3B, 4A, 4B, 5A, 5B, 6A AND 6BIN BLOCK 2 OF THE AMERICANA ADDITION,AN ADDITION TO THE CITY OF BROOKINGS,BROOKINGS COUNTY, SOUTH DAKOTALOCATED IN THE NE1/4 OF THE SE1/4 OF SECTION36-T110N-R50W OF THE 5TH P.M.NEW SANITARY LINESEXISTING SANITARY LINESNEW DROP INLETNEW SANITARY MANHOLENEW WATER VALVENEW FIRE HYDRANTNEW CURB STOPSSTEXISTING SANITARY MANHOLEEXISTING STORM MANHOLESNEW STORM LINEST160'80'040'80'HORIZONTAL DATUM: - NAD 83 - PROJECTION: SOUTH DAKOTA STATE PLANECOORDINATES NORTH ZONEVERTICAL DATUM: - NAVD 88 - GEOID 09BASIS OF BEARING: GEODETIC NORTHALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETGRID BEARINGZONING REGULATIONS:SINGLE-FAMILY DWELLINGTWO-FAMILY DWELLINGS10,00010,00075 FEET30 FEET8 FEET25 FEET35 FEETPER UNIT DENSITYSQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHTR-1B SINGLE FAMILY6,20012,40090 FEET30 FEET8 FEET25 FEET35 FEETOTHER ALLOWABLE USES10,00075 FEET30 FEET10 FEET25 FEET35 FEETOWNER INFORMATIONDENHOLM ADDITION, LLC611 6TH STBROOKINGS, SD 57006VACATION NOTICETHIS PLAT SHALL VACATE LOT 4 IN BLOCK 1; AND LOTS 1, 3 AND 4OF BLOCK 2; ALL OF THE AMERICANA ADDITION, AS PLATTED INTHE PLAT OF LOTS 1, 2, 3, AND 4 IN BLOCK 1 AND PARCELSIDENTIFIED AS LOT A AND LOT B OF BLOCK 1 AND LOTS 1, 2, 3, 4,7, 8, 9, 10, AND 11 IN BLOCK 2 OF THE AMERICANA ADDITION (ASUBDIVISION) WITHIN THE CITY OF BROOKINGS, COUNTY OFBROOKINGS, STATE OF SOUTH DAKOTA, WHICH WAS RECORDEDON NOVEMBER 14, 1995 IN BOOK 20 OF PLATS ON PAGE 16.PROPERTY LINE TO BE VACATED14-12-17UPDATE LOT LAYOUT