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Home My WebLink About2017_12_12 CC PKTCity Council City of Brookings Meeting Agenda Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" 5:00 PMTuesday, December 12, 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 Location: Executive Session Room, Room 312 ID 2017-0730 Executive Session, pursuant to SDCL 1-25-2, for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. Action: Motion to enter Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote 6:00 PM REGULAR MEETING Location: Chambers, Room 310 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 Page 1 City of Brookings December 12, 2017City Council Meeting Agenda described in the agenda supporting documentation. 3.A. Action to approve the agenda. 3.B.ID 2017-0729 Action to approve the November 28, 2017 City Council Minutes. 11/28/2017 MinutesAttachments: 3.C.ID 2017-0700 Action on appointments to City Boards, Committees and Commissions. 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 17-114 Action to approve Resolution 17-114, a Resolution Authorizing Change Order No. 1 (CCO#1) for 2017-04STI, Traffic Signal Improvement Project, 2nd Street South & Main Avenue South and 5th Street South & Medary Avenue South; Bowes Construction, Inc. 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 17-031 Introduction and First Reading on Ordinance 17-031, an Ordinance Revising Article IV, Site Runoff and Sediment Control, of Chapter 72, Storm Drainage, of the Code of Ordinances of the City of Brookings and Pertaining to Operation and Maintenance of Best Management Practices in the City of Brookings, South Dakota. Public Hearing: January 9, 2018. Ordinance - clean copy Ordinance - marked copy Attachments: 7.B.ORD 17-032 Introduction and First Reading on Ordinance 17-032, an Ordinance rezoning a portion of the West 1,029’ of the East 1,515’ of S½ of the NW¼ of Section 34-T110N-R50W from Residence R-1C Single Family District Page 2 City of Brookings December 12, 2017City Council Meeting Agenda to Residence R-3 Apartment District; Residence R-1C to Residence R-2 Two-Family District; Residence R-3 Apartment District to Residence R-1C Single Family District; and Residence R-2 Two-Family District to Residence R-1C Single Family District (Timberline Addition). Public Hearing: January 9, 2018. Ordinance Planning Commission Hearing Notice Planning Commission Minutes 12/5/2017 Rezoning Map Current Zoning Map Attachments: 7.C.ORD 17-033 Introduction and First Reading on Ordinance 17-033, an Ordinance rezoning a portion of Bluegill Second Addition; a portion of Bluegill Third Addition; and the SE ¼ NE ¼ excluding W 44’ thereof and exluding N 30’ and excluding the E 300’ thereof and excluding platted areas, all in Section 1-T109N-R50W from an A, Agricultural District to Residence R-1D Single Family District. Public Hearing: January 9, 2018. Ordinance 12-5-2017 Planning Commission Minutes Notice Rezoning Map Attachments: 7.D.ORD 17-034 Introduction and First Reading on Ordinance 17-034, an Ordinance Amending the Landscaping Regulations. Public Hearing: January 9, 2018. Ordinance as recommended by Planning Commission Planning Commission Minutes 12/05/2017, 11/7/2017, 10/3/2017, 9/5/2017 Planning Commission Hearing Notice Landscaping Reference Table Bluegill - Apartment Examples Attachments: 8. Public Hearings and Second Readings: 8.A.RES 17-103 Public Hearing and Action on Resolution 17-103, a Resolution authorizing the City Manager to enter into an Operating Agreement for a Liquor License for Jesse Davis LLC, dba Craft Fusion, Jesse Davis , owner, 610 Medary Ave., Brookings, SD, legal description: Lots 3, 4, 5 Randi Peterson Addition. Resolution Operating Agreement Hearing Notice Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.B.ORD 17-025 Second Reading and Action on Ordinance 17-025, an Ordinance revising Page 3 City of Brookings December 12, 2017City Council Meeting Agenda Division 3 of Chapter 82 of the Code of Ordinances of the City of Brookings and Pertaining to Speed Zones in the City of Brookings, South Dakota. Ordinance - clean copy Ordinance - marked copy TSC Minutes 9/10/2015 Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 11/28/17 City Council read into the record 8.C.ORD 17-026 Public Hearing and Action on Ordinance 17-026, an Ordinance amending Section 94-398 of the Zoning Ordinance, pertaining to fences, walls, and hedges. Ordinance - clean copy Ordinance - marked copy Planning Commission Minutes 9/5/2017, 10/3/2017, 11/7/2017 Hearing Notice Comparison Chart Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 11/28/17 City Council read into the record 8.D.ORD 17-027 Second Reading and Action on Ordinance 17-027, an Ordinance amending Section 42-102 of the Code of Ordinances of the City of Brookings, SD and pertaining to Transfers to the Brookings Health System Investment Authority. OrdinanceAttachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 11/28/17 City Council read into the record 8.E.ORD 17-028 Second Reading and Action on Ordinance 17-028, an Ordinance amending Chapter 2, Article V, Division 4 pertaining to appointments to the Swiftel Center Advisory Board. Ordinance - clean copy Ordinance - marked copy Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 11/28/17 City Council read into the record 8.F.ORD 17-029 Second Reading and Action on Ordinance 17-029, an Ordinance amending Chapter 22 of the Code of Ordinances of the City of Brookings and providing Procedures for the Licensing of Residential Contractors in Page 4 City of Brookings December 12, 2017City Council Meeting Agenda the City of Brookings, SD. Ordinance Comparison Chart Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 11/28/17 City Council read into the record 8.G.ORD 17-030 Second Reading and Action on Ordinance 17-030, an Ordinance authorizing Supplemental Appropriation #3 to the 2017 Budget. OrdinanceAttachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 11/28/17 City Council read into the record 8.H.RES 17-112 Public Hearing and Action on Resolution 17-112, a Resolution Levying Assessment for 2017 Assessment of the 2014-02STA, Main Avenue South and 26th Street South Reassessment. Resolution Notice of Levy Hearing Assessment Roll Filed 11-20-2017 Reassessment Properties Map Main Ave Financial Calculations Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9. Other Business: 9.A.RES 17-113 Action on Resolution 17-113, a Resolution Amending the Fee Schedule of the City of Brookings, South Dakota (Residential Contractor’s License). ResolutionAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.B.ID 2017-0731 Action on 2018 City Manager Compensation Package. 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, Mary Kidwiler, Deputy Mayor & Council Member Council Members Patty Bacon, Dan Hansen, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell Page 5 City of Brookings December 12, 2017City Council Meeting Agenda 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 6 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 2017-0730,Version:1 Executive Session, pursuant to SDCL 1-25-2, for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. 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 12/6/2017Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2017-0729,Version:1 Action to approve the November 28, 2017 City Council Minutes. Attachments: 11/28/2017 Minutes City of Brookings Printed on 12/6/2017Page 1 of 1 powered by Legistar™ Brookings City Council November 28, 2017 (unapproved) The Brookings City Council held a meeting on Tuesday, November 28, 2017 at 5:30 p.m., at City Hall with the following City Council members present: Mayor Keith Corbett, Council Members Mary Kidwiler, Dan Hansen, Holly Tilton Byrne, Nick Wendell, Patty Bacon, and Ope Niemeyer. City Manager Jeff Weldon, City Attorney Steve Britzman, and Deputy City Clerk Bonnie Foster were also present. 5:30 PM Executive Session A motion was made by Council Member Hansen, seconded by Council Member Tilton Byrne, to enter into Executive Session at 5:30 p.m. for purposes of discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business with City Attorney Steve Britzman, City Manager Jeff Weldon, Deputy City Clerk Bonnie Foster, Steve Meyer, BMU Exec. Vice-President and General Manager, and Laura Julius, BMU Finance Manager also 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 5:54 p.m. The motion carried by a unanimous vote. 6:00 PM Regular Meeting Consent Agenda. A. Action to approve the agenda. B. Action to approve the October 24, 2017 City Council Minutes. C. Action on annual Liquor and Wine Alcohol License Renewals for 2018: Liquor (Off-Sale): Brookings Municipal Liquor Store, 780 22 nd Ave. So.; Liquor (On-Sale): 1. The Lodge, 2515 E. 6th St. (CL); Park Hospitality, Inc., 2500 6th St. (CL); Applebee’s / Porter Apple Co. B Inc., 3001 LeFevre Dr.; Buffalo Wild Wings Bar & Grill / W&P of Brookings, LLC, 1801 6th St.; CRAFT / Midwest Fresh Concepts, LLC, 610 Medary Ave.; Cubby’s Sports Bar & Grill / GDT Inc., 307 Main Ave.; Danny’s / David Olson Inc., 703 Main Ave. So.; Elks Brookings Lodge #1490, 516 4th St.; Jim’s Tap / Urquhart Ent., Inc., 309 Main Ave.; 9 Bar Nightclub / Nine Inc., 303 Main Ave.; Old Market Eatery / The Lee Group, 424 5th St.; Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So.; Pints & Quarts / B&L Sullivan, Inc., 313 Main Ave.; Prairie Lanes Inc., 722 Western Ave.; The Ram / Ram & O’Hare’s Ent., LLC, 327 Main Ave.; Ray’s Corner / Fergen Enterprises Inc., 401 Main Ave.; Skinner’s Pub Inc., 300 Main Ave.; Sully’s Irish Pub/B&L Sullivan Inc., 421 Main Ave.; VFW GEO Dokken Post 2118, 520 Main Ave.; The Wild Hare / Wonder, Inc., 303 3rd St.; Restaurant (On-Sale): Whiskey Creek Wood Fire Grill / Brookings Steak Co. LLC, 621 32nd Ave.; Wine (On-Off Sale): Brookings Municipal Liquor Store, 780 22nd Ave. So.; Cenex Zip Trip #63 / CHS, Inc., 1005 6th St.; Cenex Zip Trip #64 / CHS, Inc., 3045 LeFevre Dr.; Children’s Museum of South Dakota, 521 4th St.; The Depot / ERL, LLC, 919 20th St. So.; Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St.; Guadalajara Mexican Restaurant, 1715 6th St., Suite F; Hy-Vee Food Store / Hy-Vee, Inc., 700 22nd Ave. So.; KRAVE, Inc., 1040 22nd Ave. So.; Mama Mia / Mad Jacks Inc., 1300 Main Ave. So.; McCrory Gardens Visitors Center, 6th St. & 22nd Ave.; New Sake, Inc., 724 22nd Ave. So.; Old Sanctuary / Old Sanctuary Assoc., LLC, 928 4th St.; Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So.; Schoon’s Pump N’ Pak So. / Schoon Properties, Inc., 1205 Main Ave. So.; Skinner’s Pub Inc., 300 Main Ave.; Swiftel Center, 824 32nd Ave.; Wal-Mart Supercenter #1538 / Wal-Mart Stores, Inc. D. Action on Resolution 17-084, a Resolution authorizing the City Manager to sign a SD Farm Wine Operating Agreement 5-year renewal for the Blizzard, LLC, Chris Canavati & Mitri Canavati, owners, 924 32nd Ave., legal description: Blocks 6 and 7, Wiese Addition. Resolution 17-084 - The Blizzard, LLC SD Farm Wine Operating Agreement Renewal Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the SD Farm Wine Operating Management Agreement between the City of Brookings and The Blizzard, LLC, Chris Canavati & Mitri Canavati, owners, for the purpose of a liquor manager to operate the On-Sale Establishment or business for and on behalf of the City of Brookings at 924 32nd Ave. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for the remaining 5-years of the 10-year agreement. 3.E. Action on Resolution 17-106, a Resolution declaring furniture and computers as surplus property (Public Library). Resolution 17-106 Declaring Furniture and Computers as Surplus Property (Public Library) Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings Public Library: Eight (8) – children’s benches measuring 72x11x15 in red, blue, yellow and green; Five (5) – wooden, green-topped study carrels; One (1) – wooden desk; Four (4) – wooden brown-topped tables; One (1) – wooden green-topped table; One (1) – small grey filing cabinet; One (1) – wooden brown double study carrel; Twenty-three (23) – wooden chairs; One (1) –computer chair; One (1) –Computer cart; One (1) –Metal Desk; One (1) – 2008 -PC -HP Compaq dc7900 Convertible Minitower; One (1) -2009 - PC - HP Compaq dc7900 Convertible Minitower; Two (2) -2010 –Laptop –HP Compaq 8000 Elite CMT (dead); One (1) – 2010 –PC –Dell Latitude d620 Notebook (dead); One (1) -2011 –Laptop - Toshiba NB505- N508BL; One (1) -2009 –Laptop –Compaq Cq60-211DX (dead); One (1) -2007 –PC – Gateway E4610D (dead); One (1) -2009 –PC –HP Compaq Convertible dc7900; One (1) -2009 –Printer –Kyocera FC-C5200DN; One (1) -2005 –Printer –HP Deskjet 4100N; One (1) -2005 –Printer –H P Deskjet 3845; One (1) -2007 –Printer –HP Deskjet 4100N; One (1) -2008 –Printer –Epson PSC Photo RX680; Seven (7) – Gateway Monitors (6 working, one dead); One (1) –NEC Monitor (Dead); One (1) –View Sonic Monitor (Dead); One (1) –Backup Power Supply –APC (Dead); One (1) –Epson Perfection 2400 Scanner; One (1) –IBM Wheel Writer 3 Typewriter Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; and Whereas, the City Manager hereby authorized to sell said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6-13. 3.F. Action on Resolution 17-099, a Resolution declaring a 973 Track Machine as surplus property (Landfill/Solid Waste Dept.). Resolution 17-099 Declaring a 973 Track Machine as Surplus Property (Landfill/Solid Waste Dept.). Whereas, the City of Brookings is the owner of the following described equipment formerly used by the City of Brookings Landfill Department: One (1) 2011 973 Track Machine Serial#LCP00214. Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; and Whereas, the City Manager is hereby authorized to sell said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6-13. 3.G. Action on Resolution 17-098, a Resolution awarding a Contract for the purchase of one new Track Machine for the Landfill through the National Joint Powers Alliance. Resolution 17-098 Resolution awarding the contract for the purchase of one new Track Machine for the Landfill through the National Joint Powers Alliance Whereas, the City of Brookings Regional Landfill will purchase a John Deere 850K Track Machine from RDO Equipment Company through the National Joint Powers Alliance; and Whereas, the City of Brookings will purchase from RDO Equipment Company, Sioux Falls, SD one John Deere 850K Track machine for $356,754.74; and Whereas, this John Deere 850K Track Machine will replace a 2011 973D Track Machine with delivery and payment made after January 1, 2018; and Whereas, the capital budget for the purchase of one Track Machine is $400,000.00. Now, Therefore, Be It Resolved that the contract from RDO Equipment Company for $356,754.74 be accepted. 3.H. Action on Resolution 17-097, a Resolution awarding the Contract for the purchase of a new Vacuum Truck for Solid Waste Collection through the National Joint Powers Alliance. Resolution 17-097 Resolution awarding the contract for the purchase of a new Vacuum Truck for Solid Waste Collection through the National Joint Powers Alliance. Whereas, the City of Brookings Solid Waste Collection will purchase an Automated Vacuum Truck from Sanitation Products, Inc. through the National Joint Powers Alliance; and Whereas, the City of Brookings will purchase from Sanitation Products, Inc. of Sioux Falls, South Dakota one Automated Vacuum Truck in the amount of $187,630.00; and Whereas, the Automated Vacuum Truck will be delivered and payment made after January 1, 2018; and Whereas, the Capital Budget for the purchase of one Automated Vacuum Truck is $210,000.00. Now, Therefore, Be It Resolved that the contract from Sanitation Products, Inc. for $187,630.00 be accepted. 3.I. Action on Resolution 17-109, a Resolution amending the Building Permit Fee for Certain Building Projects. Resolution 17-109 A Resolution Amending the Building Permit Fee for Certain Building Projects Whereas, the City is desirous in assisting Interlakes Community Action, Inc. and Habitat for Humanity with construction of affordable housing within the City of Brookings; and Whereas, Interlakes Community Action, Inc. and Habitat for Humanity have undertaken several affordable housing projects to serve the residents of the City of Brookings. Now, Therefore, Be It Resolved that the Building Permit Fees and Moving Fees be waived for Interlakes Community Action, Inc. and Habitat for Humanity. This Resolution will rescind Resolution 87-05 adopted on October 25, 2005. 3.J. Action on Resolution 17-110, a Resolution fixing time and place for Hearing upon the Assessment Roll for the 2017 Assessment of the 2014-02STA Main Ave. So. and 26th St. So. Reassessment. Resolution 17-110 Resolution Fixing Time and Place for Hearing Upon the Assessment Roll for the 2017 Assessment of the 2014-02STA Main Avenue South and 26th Street South Reassessment Be It Resolved, by the City Council of the City of Brookings, South Dakota, as follows: 1. The Assessment Roll for the 2017 Assessment of the 2014-02STA Main Avenue South and 26th Street South Reassessment having been filed in the office of the City Clerk on the 20th day of November, 2017 and the City Council shall meet in the Chambers, Brookings City & County Government Center, in said City on Tuesday, the 12th day of December, 2017, at 6:00 P.M. 2. The City Engineer is authorized and directed to prepare a notice describing, in general terms, the 2017 Assessment of the 2014-02STA Main Avenue South and 26th Street South Reassessment, the date of filing the Assessment Roll, the time and place of hearing thereon, stating that the Assessment Roll will be open for public inspection at the office of the City Engineer and referring to the Assessment Roll for further particulars. 3. The City Clerk is authorized and directed to publish said notice in the official newspaper not less than 10 nor more than 20 days before the date set for hearing and to mail a copy thereof, by first class mail addressed to the owner or owners of any property to be assessed at his, her, or their last mailing address as shown by the records of the Director of Equalization not less than 10 nor more than 20 days before the date set for said hearing. 3.K. Action on Resolution 17-108, a Resolution authorizing Change Order No. 1 (Final) for 2017-01SWR Concrete Maintenance Project; Clark Drew Construction, Inc. Resolution 17-108 Resolution Authorizing Change Order No. 1, Final, for 2017-01SWR, Concrete Maintenance Project; Clark Drew Construction, Inc. Be It Resolved by the City Council that the following Change Order be allowed for 2017-01SWR, Concrete Maintenance Project: Construction Change Order Number 1 (Final): Adjust plan quantities to as-constructed quantities and for additional storm sewer work for a total decrease of $119,252.69 to close out the project. 3.L. Action on Resolution 17-107, a Resolution awarding the Contract for the purchase of two new 2018 Pick-ups, a Chevrolet Silverado ¾ Ton 4x4 Extended Cab Short Box, and a Chevrolet Silverado 4x4 Crew Cab for the Parks, Recreation, & Forestry Dept. through the SD State Bid Contract. Resolution 17-107 Resolution awarding the contract for the purchase of two (2) New 2018 Pick-ups, a Chevrolet Silverado ¾ Ton 4x4 Extended Cab Short Box and a Chevrolet Silverado 4x4 Crew Cab for the Parks, Recreation & Forestry Dept. (Parks) through the SD State Bid Contract. Whereas, the City of Brookings Parks, Recreation & Forestry Dept. has sought and received the following quote for two new 2018 pick-ups from the Beck Motors, Inc. State Bid Contract #17144 Item #15 and Item #33: Beck Motors, Inc., Item #15 in the amount of $28,832.00, and Item #33 in the amount of $29,952.00, for a total of $58,784.00; and Whereas, the two new 2018 Pick-ups, a Chevrolet Silverado ¾ Ton 4x4 Extended Cab Short Box and a Chevrolet Silverado 4x4 Crew Cab, will be delivered and payment made after January 1, 2018; and Whereas, the Capital Budget for the purchase is $64,000. Now Therefore, Be It Resolved that the contract from Beck Motors, Inc. in the amount of $58,784.00 be accepted. 3.M. Action on Resolution 17-111, a Resolution awarding the Contract for the purchase of one new John Deere 624K Loader for the City of Brookings Street Dept. through Admin Minnesota. Resolution 17-111 Resolution Awarding a Contract for the purchase of one New John Deere 624K Loader for the City of Brookings Street Department through Admin Minnesota. Whereas, the City of Brookings Street Department requests action to purchase a new 2018 John Deere 624K Loader from, RDO Equipment; and Whereas, the RDO Equipment is Contract No. 115215 for an Articulating Wheel Loader and related accessories from Admin Minnesota Contract Release: L-331(5), a Minnesota State Bid provider; and Whereas, the City of Brookings will purchase from RDO Equipment, one 2018 John Deere 624K Loader in the amount of $182,664.25; and Whereas, the Capital Budget for the purchase of one John Deere 624K Loader is $190,000. Whereas, the 2018 John Deere 624K Loader will be delivered and payment made after January 1, 2018; and Now, Therefore, Be It Resolved, that the Contract from RDO Equipment for $182,664.25 be accepted. 3.N. Action on a Preliminary Plat for Block 3 and Lots 1-10, Block 4, D&D Addition, a portion of 7th Ave. So., and a portion of 15th St. So. BMU 3rd Quarter Financial Report. Steve Meyer, BMU Exec. Vice-President and General Manager, and Lauria Julius, BMU Finance Manager, presented the 3rd Quarter Financial Report to the City Council and public. Transitional Housing Presentation. Doug O’Neill, Craig Pahl, and Sally Damm- Nordby, Brookings Empowerment Project, presented information on a transitional housing proposed pilot to house 8-10 female mental health clients in Brookings. No action was taken. Resolution 17-102. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, that Resolution 17-102, a Resolution authorizing Change Orders No. 1 and No. 2 (Final) for the Brookings Arts Council Renovation (Carnegie Building) Project; Visions Construction Group of Tea, SD, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. Resolution 17-102 A Resolution authorizing Change Orders No. 1 and No. 2 (Final) for the Brookings Arts Council Renovation (Carnegie Building) Project; Visions Construction Group of Tea, SD Be It Resolved by the City Council that the following Change Order be allowed for Brookings Arts Council’s Renovation, Construction Change Order Numbers No. 1 and No.2 (Final): Adjust scope of work to eliminate VCT in the basement, add sheet vinyl, replace ice/watershield on roof, add exterior lighting, and incorporate kitchen and second bathroom renovation for a total savings of $13,896.13 to close out the project. Resolution 17-101. A motion was made by Council Member Kidwiler, seconded by Council Member Wendell, that Resolution 17-101, a Resolution awarding a contract for the construction of a new Sexauer Park Restroom Facility, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. Resolution 17-101 Resolution Awarding a Contract for the Construction of a new Sexauer Park Restroom Facility Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, November 7, 2017; and Whereas, the City of Brookings has received the following bids for the construction of a new Sexauer Park Restroom Facility: Company Bid Amount Clark Drew Construction, Inc. $208,000.00 Visions Construction Group, Inc. $222,800.00 Now, Therefore, Be It Resolved that the low bid from Clark Drew Construction, Inc. in the amount of $208,000.00 be accepted. Resolution 17-105.A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Resolution 17-105, a Resolution Authorizing Change Order No. 1 (Final) for 2017-08STI Street Maintenance & Overlay Project; Bowes Construction, Inc., be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. Resolution 17-105 Resolution Authorizing Change Order No. 1, Final, for 2017-08STI Street Maintenance and Overlay Project; Bowes Construction, Inc. Be It Resolved by the City Council that the following Change Order be allowed for 2017-08STI, Street Maintenance and Overlay Project: Construction Change Order Number 1 (Final): Adjust plan quantities to as-constructed quantities and for additional storm sewer work at the airport for a total increase of $7,011.66 to close out the project. FIRST READING - Ordinance 17-025. Introduction and first reading was held on Ordinance 17-025, an Ordinance revising Division 3 of Chapter 82 of the Code of Ordinances of the City of Brookings and Pertaining to Speed Zones in the City of Brookings, South Dakota. Second Reading: December 12, 2017. FIRST READING – Ordinance 17-026. Introduction and first reading was held on Ordinance 17-026, an Ordinance amending Section 94-398 of the Zoning Ordinance, pertaining to fences, walls, and hedges. Public Hearing: December 12, 2017. FIRST READING – Ordinance 17-027.Introduction and first reading on Ordinance 17- 027, an Ordinance amending Section 42-102 of the Code of Ordinances of the City of Brookings, SD and pertaining to Transfers to the Brookings Health System Investment Authority. Second Reading: December 12, 2017. FIRST READING – Ordinance 17-028. Introduction and first reading on Ordinance 17- 028, an Ordinance amending Chapter 2, Article V, Division 4 pertaining to appointments to the Swiftel Center Advisory Board. Second Reading: December 12, 2017. FIRST READING – Ordinance 17-029. Introduction and first reading on Ordinance 17- 029, an Ordinance amending Chapter 22 of the Code of Ordinances of the City of Brookings and providing Procedures for the Licensing of Residential Contractors in the City of Brookings, SD. Second Reading: December 12, 2017. FIRST READING – Ordinance 17-030.Introduction and first reading on Ordinance 17- 030, an Ordinance authorizing Supplemental Appropriation #3 to the 2017 Budget. Second Reading: December 12, 2017. Ordinance 17-024. A public hearing was held on Ordinance 17-024, an Ordinance rezoning Lot 1A of Lot 1, Block 1, Except the North 41 feet thereof, Mayland’s First Addition, also known as 520 22nd Avenue, from a Business B-4 Highway District to a Business B-2 District. A motion was made by Council Member Hansen, seconded by Council Member Kidwiler, that Ordinance 17-024 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. SDSU Foundation Bonds. A public hearing was held with respect to South Dakota State University Projects and the Issuance of Bonds under South Dakota Codified Laws Chapter 9-54, as Amended. No public comment. Resolution 17-104. A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, that Resolution 17-104, a Resolution of the City of Brookings, South Dakota, authorizing the Issuance of its Economic Development Revenue Bonds (South Dakota State University Foundation Project), Series 2017, in an Original Aggregate Principal Amount not to exceed $9,700,000, for the purpose of providing funds to be loaned to South Dakota State University Foundation, a South Dakota Nonprofit Corporation, for the purpose of Financing Improvements to the Campus of South Dakota State University; approving the form of and authorizing the execution and delivery of a Loan and Security Agreement and a Tax Regulatory Agreement; approving the form of and authorizing the execution and delivery of the Bonds and certain related documents; making certain Findings and Determinations with respect to the Bonds; and providing for the Rights and Remedies of the Holders of the Bonds, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne. Introduction of Topics for Future Discussion. Council Member Tilton-Byrne asked that Council Members report on the National League of Cities Conference at a future council meeting. Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Tilton Byrne, to adjourn the meeting at 7:25 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 2017-0700,Version:1 Action on appointments to City Boards, Committees and Commissions. Summary: Mayor Keith Corbett has submitted the following appointment recommendations for City Council advice and consent: Brookings Bicycle Advisory Committee Number of positions:3 Term Length:3 years Residency Requirement:Not Required Purpose: The role of the Brookings Bicycle Advisory Committee is to advise the City Council, City Manager, and City Boards on bicycling related issues; help advance the state of bicycle infrastructure; encourage bicycling for transportation and recreation; public education and awareness; improve safety and compliance with traffic laws; assist the City with bicycle plans; review and suggest legislative and policy changes; recommend priorities for use of the public funds on bicycle projects; and help ensure Brookings retains and enhances its status as a bike friendly community. Mayor’s Recommendation 1. Reappoint Emily Braun 2. Reappoint Eric Rasmussen 3. Reappoint Joanie Holm Board of Adjustment Number of positions:3 Term Length:3 years Residency Requirement:Required or reside within Joint Jurisdictional Area Purpose: The Board of Adjustment has the authority to act on variances or special exceptions to the zoning ordinance. Four of the five members must vote in the affirmative for a motion to pass. Mayor’s Recommendation: 1. Reappoint Teresa Binkley 2. Reappoint Justin Borns (1st Alternate) 3. VACANT (2nd Alternate) Board of Appeals Number of positions:1 Term Length:5 years Residency Requirement:Not Required Purpose: The function of the Board of Appeals is to hear and decide on appeals or orders, decisions or determinations made by the city building officials relative to the application and interpretation of the City of Brookings Printed on 12/7/2017Page 1 of 6 powered by Legistar™ File #:ID 2017-0700,Version:1 Building Code, and to determine the suitability of alternate materials and methods of construction. All members of the Board must be qualified by training and experience to pass upon the matters pertaining to building construction. Mayor’s Recommendation: 1. Reappoint George Houtman Board of Health Number of positions:4 Term Length:3 years Residency Requirement:County required (2 may live outside Brookings City Limits, but must reside in Brookings County) Purpose: The purpose of the Board of Health is to provide a general supervision of the health of the city with full powers to take all steps and measures necessary to promote the cleanliness and healthfulness and to prevent and arrest the spread of any contagious or infectious diseases and harmful environmental conditions, and to quarantine any person or evacuate any area contaminated by such condition or disease. In addition, the Board is to provide public education for the need of all phases of an integrated solid waste management system; o Establish a comprehensive realistic solid waste plan for the city. o Develop a financial policy that would be used for raising funds required to build and operate an integrated solid waste program. o Develop and promote pilot programs for recycling and collection of household hazardous waste and reducing solid waste. Mayor’s Recommendation: 1. Reappoint Paul Irwin 2. Reappoint Robert Brotsky 3. Reappoint Albert Patin 4. Reappoint Tricia Matson-Buus Brookings Committee for People who have Disabilities Number of positions:7 Term Length:2 & 3 years Residency Requirement:Required for 7 members Purpose: The Brookings Committee for People who have Disabilities strives to advocate for the rights of people who have disabilities in our community. Throughout the year, specific events are held to bring awareness and information to our citizens. Technical assistance is provided to the business community, private individuals, governmental entities and nonprofit organizations. This is a service not provided by any other entity in Brookings. The goals of this service are to improve the quality of life for people who have disabilities through enhancing the knowledge base of entities in the community; and to further serve as a community-based advocacy group enhancing the ability of local entities to comply with Federal Civil Rights legislation. Mayor’s Recommendation: 1. Reappoint Lonnie Bayer (2-year) 2. Reappoint Dave Miller (3-year) 3. Reappoint Laura Crooks (2-year) City of Brookings Printed on 12/7/2017Page 2 of 6 powered by Legistar™ File #:ID 2017-0700,Version:1 4. Reappoint Jessie Kuechenmeister (3-year) 5. Reappoint Nancy Hartenhoff-Crooks (3-year) 6. Reappoint Nadine Gjerde (3-year) 7. Reappoint Shawn Minor (2-year) Brookings Health Systems Board of Trustees Number of positions:1 Term Length:3 years Residency Requirement:Must be a resident of Brookings County Purpose: The Brookings Health System Board of Trustees is an administrative board responsible for the planning, operation and evaluation of all hospital and nursing home programs, services and related organizational activities consistent with the City Charter, Ordinance and facility by laws. (Formerly called the “Brookings Hospital Board.”) Mayor’s Recommendation: 1.Reappoint Walter Wosje Business Improvement District #1 Board Number of positions:1 Term Length:3 years Residency Requirement:Not Required Purpose: The Business Improvement District #1 Board is responsible to prepare a plan of improvements for a district and provide improvement recommendations to the City Council. The boundaries of Business Improvement District #1 are defined as non-contiguous properties to include all hotels/motels with 25 or more rooms situated within the corporate limits of the city of Brookings. Mayor’s Recommendation: 1. Appoint Randy Soma Historic Preservation Commission Number of positions:3 Term Length:3 years Residency Requirement:Required Purpose: The purpose of the Historic Preservation Commission is to allow the city to engage in a comprehensive program of historic preservation to promote the inspiration, pleasure and enrichment of the citizens of Brookings through identification, documentation, preservation, promotion, and development of the city’s historic resources. Mayor’s Recommendation: 1. Reappoint Carrie Kuhl 2. Reappoint Janet Merriman 3. Reappoint Janet Gritzner Human Rights Commission Number of positions:4 (one vacancy with a term ending 1/1/2020) Term Length:3 years Residency Requirement:Not Required Purpose: The Human Rights Commission has the power to investigate alleging discrimination. Other City of Brookings Printed on 12/7/2017Page 3 of 6 powered by Legistar™ File #:ID 2017-0700,Version:1 programs include: ·The study of the existence, character, causes and extent of discrimination in employment, housing and public accommodations, property rights, education and public services. ·Advise and provide a forum for those subjected to unfair and discriminatory practices in the City and County. ·Advise City officials concerning issues of discrimination. ·Conducting educational programs and disseminates information to further the committee’s policy to eliminate discrimination in the city. Mayor’s Recommendation: 1. Reappoint Lawrence Novotny 2. Reappoint Maggie Owens 3. Appoint Erinn Osborne 4. Appoint Hanna Larsen Holmquist Library Board Number of positions:2 Term Length:3 years Residency Requirement:Required Purpose: The Library Board is responsible for the appointment of the Librarian, the conduct of business and development of policies for the Brookings Public Library materials, the governance of the library and the use of the public library services and materials. Mayor’s Recommendation: 1. Reappoint James Rice 2. Appoint Sarah Meusburger Planning Commission Number of positions: 3 Term Length: 5 years Residency Requirement: Required Purpose: The City Planning Commission is responsible for the city comprehensive plan for the physical development of the city, including areas outside the boundaries of the city and within the planning jurisdiction. Mayor’s Recommendation: 1. Reappoint Lee Ann Pierce 2. VACANT 3. VACANT Public Arts Commission Number of positions: 3 Term Length: 3 years Residency Requirement: Required for Majority Purpose: Public art enhances the built environment of a city and enriches the lives of its citizens. A dedicated funding source for an established program of public art enhances the reputation of a city and serves as a vehicle for attracting new businesses and citizens. A public art program encourages City of Brookings Printed on 12/7/2017Page 4 of 6 powered by Legistar™ File #:ID 2017-0700,Version:1 a community’s artists and citizens to engage in creative activities and artistic development. A public arts commission can develop and implement a unified public art strategy for a community. Mayor’s Recommendation: 1. Reappoint Trayce Meyer 2. Reappoint Linda Purrington 3. Reappoint Darla Biel Sustainability Council Number of positions:3 Term Length:3 years Residency Requirement:Required for Majority Purpose: The purpose of the Sustainability Council is to investigate, propose, educate, communicate, and advocate investment strategies and policies that will improve our future qualities of life while still meeting the needs of the present. Mayor’s Recommendation: 1. Reappoint Jane Hegland 2. Reappoint Mike Lockrem 3. Reappoint Robert McGrath Swiftel Center Advisory Committee Number of positions:1 Term Length:3 years Residency Requirement:Not Required Purpose: The Swiftel Center Advisory Committee shall act only in an advisory capacity to the city council, however it shall, in particular, advise the city concerning marketing, operational issues and management of the Swiftel Center, and in particular, shall advise and assist the city in the performance of contracts between the City of Brookings and County of Brookings, and between the City of Brookings and the firm managing the Swiftel Center and which concern the Swiftel Center. Mayor’s Recommendation: 1. Appoint Nick Schmeichel Traffic Safety Committee Number of positions:3 Term Length:3 years Residency Requirement:The majority of the members shall be residents of the city. Purpose: The Traffic Safety Committee will develop and implement coordinated traffic safety programs that meet local needs; acting in an advisory capacity to the City Manager, City Engineer and the City Council as a whole in the coordination of traffic safety activities of the official agencies and departments of the City of Brookings; establishing safety priorities for the City; reviewing and approving project applications for funding; serving in a liaison capacity between the City of Brookings and the South Dakota Highway Safety Program in developing the State Highway Safety Program and in meeting the National Highway Safety Program Standards; promoting public acceptance of official programs proposed or instigated by the City; fostering public knowledge and support of traffic law enforcement and traffic engineering problems; cooperating with city schools in promoting educational City of Brookings Printed on 12/7/2017Page 5 of 6 powered by Legistar™ File #:ID 2017-0700,Version:1 traffic safety aids; educating the public in traffic safety; and generally aiding the overall reduction of traffic accidents, injuries and deaths on the city streets. Mayor’s Recommendation: 1. Reappoint Gary Gramm 2. Appoint Justin Bucher 3. Appoint Staci Perry Recommendation: Staff recommends approval. City of Brookings Printed on 12/7/2017Page 6 of 6 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 17-114,Version:1 Action to approve Resolution 17-114, a Resolution Authorizing Change Order No. 1 (CCO#1) for 2017-04STI, Traffic Signal Improvement Project, 2nd Street South & Main Avenue South and 5th Street South & Medary Avenue South; Bowes Construction, Inc. Summary: This Resolution will approve Change Order No. 1(CCO#1) for 2017-04STI, Traffic Signal Improvement Project, for an increase of $14,104.61 to the contract. Background: This project involved the replacement of aged traffic signals and replacement of curb ramps to meet ADA requirements at the intersections of 2nd Street South & Main Avenue South and 5th Street South & Medary Avenue South. The project was designed by HDR Engineering and Banners Associates and included installing new signal poles with mast arms and luminaire lights, controller cabinets, conduit, wiring, concrete curb & gutter and ramps, asphalt concrete and bicycle improvements. The intersection of 2nd Street South and Main Avenue South included extended gutter pans for bicycle lanes and curb-side bicycle push buttons and the intersection of 5th Street South and Medary Avenue South included the future shared use path connections as recommended in the Bicycle Master Plan. This Change Order will adjust plan quantities to current as-constructed quantities and for additional work to provide temporary signal wiring, fast track concrete, driveway work, landscaping work and curb grinding for a total increase of $14,104.61. There is anticipated to be one additional change order to add extra pedestrian crossing signs and close out the project, which will be a separate resolution. Original Contract Price:$579,233.68 Increase from Previously Approved Change Orders:$0.00 Contract Price Prior to this Change Order:$579,233.68 Increase of this Change Order (No. 1):$14,104.61 Contract Price incorporating this Change Order:$593,338.29 Fiscal Impact: There will be an increase of $14,104.61 to the contract, and the increase is within the budgeted amount for this project. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 12/6/2017Page 1 of 1 powered by Legistar™ Resolution 17-114 Resolution Authorizing Change Order No. 1 (CCO#1) for 2017-04STI Traffic Signal Improvements Project, 2nd Street South & Main Avenue South and 5th Street South & Medary Avenue South, Bowes Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for 2017- 04STI, Traffic Signal Improvements Project, 2 nd Street South & Main Avenue South and 5th Street South & Medary Avenue South: Construction Change Order Number 1: Adjust plan quantities to current as- constructed quantities and for additional work to provide temporary signal wiring, fast track concrete, driveway work, landscaping work and curb grinding for a total increase of $14,104.61 to the contract. Passed and approved this 12th day of December, 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 17-031,Version:1 Introduction and First Reading on Ordinance 17-031, an Ordinance Revising Article IV, Site Runoff and Sediment Control, of Chapter 72, Storm Drainage, of the Code of Ordinances of the City of Brookings and Pertaining to Operation and Maintenance of Best Management Practices in the City of Brookings, South Dakota. Public Hearing: January 9, 2018. Summary: This ordinance pertains to the operation and maintenance of Best Management Practices (BMPs) that prevent or reduce the discharge of pollutants to the waters of the state, such as drainage facilities and detention ponds. Background: The South Dakota Department of Environment and Natural Resources provided an annual review of the City of Brookings Small MS4 Storm Water Management Program which is related to water quality. SDDENR commented that the City needed requirements to ensure adequate long-term operation and maintenance of BMPs, such as drainage facilities and detention ponds. The City of Brookings requires the individual BMP property owner to maintain each specific BMP, such as mowing, sediment control and other maintenance. The Engineering Department staff reviewed the current ordinance pertaining to maintenance of BMPs and updated the ordinance to be more specific to meet the DENR requirement. This ordinance will amend Division Post Construction Site Runoff Erosion and Sediment Control, of Article IV, Site Runoff Erosion and Sediment Control, of Chapter 72, Storm Drainage, by adding a section to the ordinance to clarify operation and maintenance requirements. Fiscal Impact: None. Recommendation: Staff recommends approval. Attachments: Ordinance - clean copy Ordinance - marked copy City of Brookings Printed on 12/8/2017Page 1 of 1 powered by Legistar™ Ordinance 17-031 An Ordinance Revising Article IV, Site Runoff and Sediment Control, of Chapter 72, Storm Drainage, of the Code of Ordinances of the City of Brookings and Pertaining to Operation and Maintenance of Best Management Practices in the City of Brookings, South Dakota. Be It Ordained by the City of Brookings that Section 72-5 - Definitions, of Article 1-In General, and Division 2 - Post Construction Site Runoff Erosion and Sediment Control, of Article IV - Site Runoff Erosion and Sediment Control, of Chapter 72, Storm Drainage, of the Code of Ordinances of the City of Brookings be amended to read as follows: Sec. 72-5. – Definitions. Best Management Practices (BMPs)means various activities, prohibitions of practices, maintenance procedures and other management practices, either structural or non- structural, for the purpose of preventing or reducing the discharge of pollutants to the municipal stormwater system and/or waters of the state. Examples of structural BMPs may include permanent detention or retention ponds constructed to control and minimize stormwater runoff rates and volumes and to prevent, control, and minimize stormwater pollution. Non-structural BMPs may include ongoing treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. BMPs may also be temporary, such as BMPs put into place during construction and maintained until the site is permanently stabilized. Sec. 72-75. – Operation and Maintenance of BMPs Permanent structural and/or nonstructural BMPs shall be implemented to control and minimize stormwater runoff rates and volumes and to prevent, control, and minimize stormwater pollutants as required in this Chapter. (1) It is a violation for any owner to improperly construct or operate or fail to maintain the proper function of privately owned structural BMPs. Maintenance activities include, but are not limited to, removing trash and debris, reseeding, mowing, pest control, removing sediment accumulation, removing vegetation, replacing filter media, and repairing eroded areas. (2) It is a violation for any owner to place or deposit debris, yard waste, garbage, or other materials that are incompatible with the function of the BMPs, or permit such items to be deposited in any manner on privately owned structural BMPs. (3) The owner shall immediately notify the City Engineer of any discharge of a pollutant, debris, yard waste, garbage, excessive sediment, or materials incompatible with BMPs, including from a privately owned BMP, into the City’s municipal storm water drainage system. This notification shall include the location of the discharge, type of pollutant, concentration and volume, if known, and corrective actions taken by the owner. The owner shall document and submit to the City Engineer all pertinent information. (4) In the case of any physical failure, including, but not limited to, structural, equipment, or media failure (e.g., failure of BMP fixtures including, but not limited to, screens, riprap, aerators, design features, and fences) of a privately owned structural BMP that may cause pollutants to enter the City’s municipal stormwater system, the owner shall immediately notify the City Engineer of the incident. This notification shall include the location failure, type and extent of the failure, if known, and corrective actions taken by the owner. The owner shall document and submit to the City Engineer all pertinent information. If privately owned BMPs are constructed, operated, and/or maintained in a manner that results in discharge of pollutants to the City's storm water drainage system, the City may require the owner to implement additional structural and/or nonstructural BMPs to prevent the further discharge of pollutants to the City’s storm water drainage system. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: December 12, 2017 Second Reading and Adoption: January 9, 2018 Published: January 12, 2018 CITY OF BROOKINGS, SD Keith W. Corbett, Mayor ATTEST: Shari Thornes, City Clerk Ordinance 17-031 An Ordinance Revising Article IV, Site Runoff and Sediment Control, of Chapter 72, Storm Drainage, of the Code of Ordinances of the City of Brookings and Pertaining to Operation and Maintenance of Best Management Practices in the City of Brookings, South Dakota. Be It Ordained by the City of Brookings that Section 72-5 - Definitions, of Article 1-In General, and Division 2 - Post Construction Site Runoff Erosion and Sediment Control, of Article IV - Site Runoff Erosion and Sediment Control, of Chapter 72, Storm Drainage, of the Code of Ordinances of the City of Brookings be amended to read as follows: Sec. 72-5. – Definitions. Best Management Practices (BMPs)means various activities, prohibitions of practices, maintenance procedures and other management practices, to prevent or reduce the discharge of pollutants to waters of the state. BMP's also include treatment requirements, operating procedures and practices to control construction site runoff, sediment, spillage or leaks, sludge or waste disposal or drainage from raw material storage., either structural or non-structural, for the purpose of preventing or reducing the discharge of pollutants to the municipal stormwater system and/or waters of the state. Examples of structural BMPs may include permanent detention or retention ponds constructed to control and minimize stormwater runoff rates and volumes and to prevent, control, and minimize stormwater pollution. Non-structural BMPs may include ongoing treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. BMPs may also be temporary, such as BMPs put into place during construction and maintained until the site is permanently stabilized. Sec. 72-75. – Operation and Maintenance of BMPs Permanent structural and/or nonstructural BMPs shall be implemented to control and minimize stormwater runoff rates and volumes and to prevent, control, and minimize stormwater pollutants as required in this Chapter. (1) It is a violation for any owner to improperly construct or operate or fail to maintain the proper function of privately owned structural BMPs. Maintenance activities include, but are not limited to, removing trash and debris, reseeding, mowing, pest control, removing sediment accumulation, removing vegetation, replacing filter media, and repairing eroded areas. (2) It is a violation for any owner to place or deposit debris, yard waste, garbage, or other materials that are incompatible with the function of the BMPs, or permit such items to be deposited in any manner on privately owned structural BMPs. (3) The owner shall immediately notify the City Engineer of any discharge of a pollutant, debris, yard waste, garbage, excessive sediment, or materials incompatible with BMPs, including from a privately owned BMP, into the City’s municipal storm water drainage system. This notification shall include the location of the discharge, type of pollutant, concentration and volume, if known, and corrective actions taken by the owner. The owner shall document and submit to the City Engineer all pertinent information. (4) In the case of any physical failure, including, but not limited to, structural, equipment, or media failure (e.g., failure of BMP fixtures including, but not limited to, screens, riprap, aerators, design features, and fences) of a privately owned structural BMP that may cause pollutants to enter the City’s municipal stormwater system, the owner shall immediately notify the City Engineer of the incident. This notification shall include the location failure, type and extent of the failure, if known, and corrective actions taken by the owner. The owner shall document and submit to the City Engineer all pertinent information. If privately owned BMPs are constructed, operated, and/or maintained in a manner that results in discharge of pollutants to the City's storm water drainage system, the City may require the owner to implement additional structural and/or nonstructural BMPs to prevent the further discharge of pollutants to the City’s storm water drainage system. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: December 12, 2017 Second Reading and Adoption: January 9, 2018 Published: January 12, 2018 CITY OF BROOKINGS, SD 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 17-032,Version:1 Introduction and First Reading on Ordinance 17-032, an Ordinance rezoning a portion of the West 1,029’ of the East 1,515’ of S½ of the NW¼ of Section 34-T110N-R50W from Residence R-1C Single Family District to Residence R-3 Apartment District; Residence R-1C to Residence R-2 Two- Family District; Residence R-3 Apartment District to Residence R-1C Single Family District; and Residence R-2 Two-Family District to Residence R-1C Single Family District (Timberline Addition). Public Hearing: January 9, 2018. Summary: The applicant is seeking approval of a residential rezoning request to match a new preliminary plat layout in the Timberline Addition. Background: The owner is proposing to rezone land to align with a new preliminary plat design and remedy split zoning on all proposed lots. The property is currently vacant and is directly west of Timberline Addition. The land was originally zoned in August 2016; however, the preliminary design has changed making it necessary to slightly revise the zoning. The applicant is not proposing any new residential zoning districts rather just shifting the boundaries of the existing districts. Findings of Fact: 1.The Future Land Use Map in the Comprehensive Plan shows this general area as residential. 2.City utilities are available to the property. 3.The area is a logical extension of residential land use and fits the current development pattern. Planning Commission Recommendation: The Planning Commission voted 9-0 to recommend approval of the rezoning request. Attachments: Ordinance Notice Planning Commission Minutes 12/5/2017 Rezoning Map Current Zoning Map City of Brookings Printed on 12/7/2017Page 1 of 1 powered by Legistar™ Ordinance 17-032 An Ordinance to Change the Zoning within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: A Portion of the West 1,029’ of the East 1,515’ of S½ of the NW¼ of Section 34- T110N-R50W, be and the same is hereby reclassified from Residence R-1C Single Family District to Residence R-3 Apartment District; Residence R-1C to Residence R-2 Two-Family District; Residence R-3 Apartment District to Residence R-1C Single Family District; and Residence R-2 Two-Family District to Residence R-1C Single Family District. (Timberline Addition) In accordance with Section 94-7 of Article I of Ordinance 17-13 of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of Ordinance No. 17-13 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to said Ordinance No. 17-13 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading: December 12, 2017 Second Reading and Adoption: January 9, 2018 Published: CITY OF BROOKINGS, SD ________________________ 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 PETITION TO REZONE NOTICE IS HEREBY GIVEN That Sioux Empire Development Corporation submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: A Portion of the West 1,029’ of the East 1,515’ of S½ of the NW¼ of Section 34-T110N-R50W from Residence R-1C Single Family District to Residence R-3 Apartment District; Residence R-1C to Residence R-2 Two-Family District; Residence R-3 Apartment District to Residence R-1C Single Family District; and Residence R-2 Two-Family District to Residence R-1C Single Family District. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, December 5, 2017, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 24 th day of November, 2017. ____________________________ Staci Bungard City Planner Planning Commission Brookings, South Dakota December 5, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, December 5, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Alan Gregg, Alan Johnson, Lee Ann Pierce, Kristi Tornquist, Eric Rasmussen and Heuton. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, Justin Bucher – Banner Associates, and others. Item #5a –Sioux Empire Development Corporation submitted a petition to rezone the West 1,029’ of the East 1,515’ of S1/2 of the NW1/4 of Section 34-T110N-R50W from Residence R-1C Single Family District to Residence R-3 Apartment District; Residence R-1C to Residence R-2 Two-Family District; Residence R-3 Apartment District to Residence R-1C Single Family District; and Residence R-2 Two-Family District to Residence R-1C Single Family District. (Gregg/Fargen) Motion to approve the petition to rezone. (Tornquist/Aiken) Amendment to the motion to change the zoning on the southern end to R- 3. All present voted aye. AMENDMENT CARRIED. Motion as amended was voted on. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5a –The owner is proposing to rezone land to align with a new preliminary plat design in the Timberline addition to match a new preliminary plat layout. This rezone will also remedy split zoning on all proposed lots. City utilities are available to this area. Tornquist wondered why the southern area is being requested to be rezoned to R-2 when the neighboring zone is R-3. Justin Bucher, Banner Associates, explained that there was a typo on the map and the zoning should be R-3 for this. 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 17-033,Version:1 Introduction and First Reading on Ordinance 17-033, an Ordinance rezoning a portion of Bluegill Second Addition; a portion of Bluegill Third Addition; and the SE ¼ NE ¼ excluding W 44’ thereof and exluding N 30’ and excluding the E 300’ thereof and excluding platted areas, all in Section 1-T109N- R50W from an A, Agricultural District to Residence R-1D Single Family District. Public Hearing: January 9, 2018. Summary: The applicant is proposing to rezone a portion of land to R-1D to accommodate future residential development in the Bluegill Second and Third Addition. Background: The vacant property is currently zoned agricultural and is immediately east of Bluegill 2nd Addition. The applicant has also proposed a Preliminary Plat for this land area showing low density single- family residential lots. Findings of Fact: 1.The Future Land Use Map contained in the Comprehensive Plan shows the area as residential. 2.Utilities are available to the property. 3.Future residential development in this area fits the existing development pattern and is a logical expansion of residential property. Planning Commission Recommendation: The Planning Commission voted 9-0 to recommend approval of the rezoning request. Attachments: Ordinance Planning Commission Minutes 12/5/2017 Planning Commission Hearing Notice Rezoning Map City of Brookings Printed on 12/7/2017Page 1 of 1 powered by Legistar™ Ordinance 17-033 An Ordinance to Change the Zoning within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: A Portion of Bluegill Second Addition; A Portion of Bluegill Third Addition; and the SE ¼ NE ¼ excluding W 44’ thereof and exluding N 30’ and excluding the E 300’ thereof and excluding platted areas, all in Section 1-T109N-R50W, be and the same is hereby reclassified from from an A, Agricultural District to Residence R-1D Single Family District. In accordance with Section 94-7 of Article I of Ordinance 17-13 of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of Ordinance No. 17-13 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to said Ordinance No. 17-13 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading: December 12, 2017 Second Reading and Adoption: Published: CITY OF BROOKINGS, SD ________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Shari Thornes, City Clerk Planning Commission Brookings, South Dakota December 5, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, December 5, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Alan Gregg, Alan Johnson, Lee Ann Pierce, Kristi Tornquist, Eric Rasmussen and Heuton. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, Justin Bucher – Banner Associates, and others. Item #5b –Bluegill Inc and Joe and Janet Mendel submitted a petition to rezone a portion of Bluegill Second Addition; A Portion of Bluegill Third Addition; and the SE1/4NE1/4 excluding W44’ thereof and excluding the N30’ and excluding the E300’ thereof and excluding platted areas, all in Section 1-T109N-R50W from an A, Agricultural District to Residence R-1D Single Family District. (Fargen/Johnson) Motion to approve the petition to rezone. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5b –This is a request to rezone a portion of land to R-1D. The property is currently zoned Agricultural and is immediately east of Bluegill 2nd Addition. Along with this rezoning request, there will also be a preliminary plat that will be acted on tonight. Rasmussen asked what the difference is between R-1C and R-1D. Bungard explained that R-1D allows for smaller lots and lesser setbacks. Tornquist questioned the large lot size that the applicant is requesting the R-1D District which allows for smaller lots. Bungard explained that these lots are larger than typical R-1D Districts lots, but by using the R-1D zoning, a larger house will be able to be put on these lots because of the smaller setbacks. If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN That Bluegill Inc. and Joe & Janet Mendel submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: A Portion of Bluegill Second Addition; A Portion of Bluegill Third Addition; and the SE ¼ NE ¼ excluding W 44’ thereof and exluding N 30’ and excluding the E 300’ thereof and excluding platted areas, all in Section 1-T109N-R50W from an A, Agricultural District to Residence R-1D Single Family District. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, December 5, 2017, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 24 th day of November, 2017. ____________________________ Staci Bungard City Planner 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 17-034,Version:1 Introduction and First Reading on Ordinance 17-034, an Ordinance Amending the Landscaping Regulations. Public Hearing: January 9, 2018. Summary: Discussion on amendments to the landscaping regulations. Background: Historically, there have been two main components of the landscaping/greenspace requirements in the City of Brookings. For multi-family uses, the greenspace requirements was based upon 300 square feet per unit regardless of the number of bedrooms within each unit as well as tree plantings based upon the amount of surfacing occurring on the lot. Commercial and industrial uses had similar tree planting requirements. The Planning Commission discussed landscaping/greenspace requirements during the April Planning Commission meeting and provided staff with the following guidance for drafting changes to the landscaping regulations: ·Landscaping should add value through aesthetic improvements to the property. ·Drainage improvements are acceptable within the yard requirements. ·Plant life and vegetation is viewed as a higher priority than square footage (quality vs. quantity). Utilizing the guidance from the Planning Commission, staff drafted landscaping regulations with similarities to the current surface based requirements. The most significant change in the greenspace requirements is the removal of the 300 square feet per unit for multi-family uses. While this reduction appears to be a significant change, the reality is often the additional greenspace was not usable greenspace in the aspect of it was added to the setbacks along the perimeter of the property and accounted for a few additional feet in width. In addition, drainage improvements qualify as meeting the greenspace requirement. If this change is acceptable, the greenspace requirement becomes the setbacks for the particular district in which it is located. To ensure the greenspace remains open and free of obstructions, staff is recommending parking, storage, merchandise and accessory structures are not allowed within the setback area. As an example, the current zoning regulations allow accessory structures to be five feet from the property line as well as the conversion of fifty percent of the required landscaped area may be used for parking spaces in excess of the minimum requirement. Other notable changes include the addition of foundation plantings, which would be required around the perimeter of all multi-family buildings and at a minimum along one foundation of a commercial or industrial use. The intent is to provide additional areas for vegetation to help with runoff from roofs, provide a visual break along facades, create separation between parking areas and buildings, and enhance entrances to buildings. The planting strip in commercial and industrial zones is proposed to be increased from eight to ten feet with a minimum five foot strip along the side lot line. In addition, City of Brookings Printed on 12/7/2017Page 1 of 2 powered by Legistar™ File #:ORD 17-034,Version:1 language is proposed to require fifty percent of the rear yard of single and two-family uses to be maintained in a landscape area. Planning Commission Recommendation: The Planning Commission voted 7-2 to recommend approval of the landscape ordinance with one amendment. Attachments: Landscape Ordinance as recommended by Planning Commission Planning Commission Minutes 12/05/2017, 11/7/2017, 10/3/2017, 9/5/2017 Planning Commission Hearing Notice Multi Family Examples Zoning District Table City of Brookings Printed on 12/7/2017Page 2 of 2 powered by Legistar™ Ordinance 17-034 An Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to Landscaping Requirements for the purposes of Administration of the Zoning Ordinance. Be It Ordained by the City Council of the City of Brookings, State of South Dakota: that Chapter 94, Zoning, shall be amended as follows: Section 1. Section 94-399 – Landscaping (a) Purpose and intent.The city recognizes the health, safety, aesthetic, ecological and economic value of landscaping and screening. The provisions of this section are intended to: (1) Add visual interest to open spaces and blank facades; (2) Soften dominant building mass; (3) Provide definition for public walkways and open space areas; (4) Ensure significant tree canopy shading to reduce glare and heat build-up; (5) Improve the visual quality and continuity within and between developments; (6) Provide screening and mitigation of potential conflicts between activity areas and more passive areas; (7) Protect and improve property values; (8) Improve air quality and provide a buffer from air and noise pollution; (9) Ensure safe and aesthetic treatment of ponding areas; (10) Enhance the overall aesthetic conditions within the city; (11) Limit sight line obstructions and drainage conflicts; and (12) Prevent conflicts with utilities. (b) Landscape plans. (1) Except for single family, two family, and property zoned agricultural, airport, or floodway district, a landscape plan must be submitted: a. With any application for new development; b.With any application for additions or modifications to existing development that physically impacts existing landscaping or screening; or c.When changes are made to an existing landscaping or screening plan on file with the city. (2) Landscape plans must be reviewed and approved by the Community Development Department. (3) Landscape plans must include the following information: a.Name of project, owner and developer. b.Street address of project. c.Scale (not less than one inch = 30 feet) and north arrow. d.All existing and proposed property lines. e.Above and below ground utilities and easements. f.Locations of existing and proposed buildings and all other structures. g.Location, identification and sizes of existing trees, shrubs and other vegetation that are to be retained as part of the landscaping. h.Location, identification and sizes of new trees, shrubs and other vegetation to be part of the landscaping. i.Location, width and height of all earth berms and retaining walls. j.Soil mix and depth for parking lot islands. k.Planting schedule. (c) Landscaping standards. (1) Soil surface stabilization.All disturbed areas outside of designated planting beds must be permanently stabilized with an established plant or xeriscaping soil cover. (2) Minimum number of trees.Except for single, two family, and agricultural uses, developments must at a minimum provide the following numbers of trees on site: a. One tree for the first 4,000 square feet of surfaced area. b. One tree for each additional 3,000 square feet of surfaced area. c. Existing healthy deciduous trees greater than four caliper inches or existing healthy conifer trees greater than six feet in height and are not identified on the city’s prohibited plant species list (see § 62-161) may be credited toward the minimum required trees on a site. (3) Minimum tree size.Each tree shall be balled and burlapped, container grown or planted by tree spade and shall meet the following minimum requirements at the time of planting: a. Deciduous trees must be at least one and one-half caliper inches at planting; b. Ornamental trees must be at least one and one-half caliper inches at planting; and c. Conifer trees must be at least six feet in height at planting. (4)Interior parking lot landscaping. The purpose of interior parking lot landscaping is to improve the appearance of parking lots, provide shade, and improve stormwater infiltration. All parking lots with 20,000 square feet or more of surfacing shall be landscaped in accordance with the following interior parking lot standards. a. Twenty percent of the trees required in section 94-399(c)(2) shall be planted in parking lot islands. Parking lot islands are raised or depressed non-traffic areas often containing landscape plantings in off-street parking lots, the placement of which is intended to improve safety and an orderly flow of traffic and to visually break up large expanses of surfacing. b. A minimum of one deciduous tree must be provided per parking lot island, with the following exceptions: 1. No trees are required in parking islands used for storm water management purposes; and 2. No trees are required in parking islands within structured parking facilities. c. Parking lot island soils shall be over-excavated and backfilled with 1,000 cubic feet of soils suitable to support tree growth. (5) Minimum landscape area.An area for landscaping, equivalent to the setback requirements, kept free of parking, storage, merchandise, or accessory structures, must be provided around the perimeter of a site with the following exceptions: a. Business and industrial uses shall provide a minimum ten foot wide landscape area along any right-of-way and five feet along a side lot line. b. Single family and two-family uses may have accessory structures, access drives, and parking located within the required landscape area provided not less than 50 percent of the rear yard is maintained in living ground cover. c. Walkways, trails, driveways, bus shelters and entrance drives leading to a parking or loading area may be located within the landscape area. Walkways abutting driveways shall be clearly delineated and reserved strictly for pedestrian use. d. Detention/retention ponds may be located within the minimum landscape area. e. Front yards of lots with residential uses shall be devoted entirely to landscaped area except for the necessary surfacing of driveways and walkways used to reach parking and loading areas. Walkways abutting driveways shall be clearly delineated and reserved strictly for pedestrian use. (6)Foundation plantings. A minimum planting strip of three (3’) feet shall be installed along all building foundations. Foundation plantings shall consist primarily of shrubs, perennials, and native grasses. Exceptions: a. Building foundations directly abutting a public sidewalk, public plaza, or other public hardscape feature shall be exempt from the foundation plantings. b. Business and industrial uses shall install plantings along foundations facing a public right-of-way. However, in business and industrial districts, corner lots may incorporate the total required square footage of foundation plantings into a landscape area adjacent to the building foundation along the street right-of-way with the highest classification or at the primary entrance to the building. c. Single family, two-family, and agricultural uses are exempt from foundation plantings. (7) Streetscape.In areas where a district or street specific streetscape plan has been adopted by the City Council, development must provide landscaping as set forth in the district or street specific streetscape plan. Streetscape plantings located within the property lines of the site may be credited toward the required number of trees and shrubs. Streetscape plantings in the public right-of-way shall not be credited toward the required number of trees and shrubs. Landscaping placed or removed in the public right-of-way must receive City approvals for right-of-way plantings and must conform with City right-of-way planting policies. (d) Maintenance. (1)Material maintenance.The property owner must maintain all landscaping and screening materials shown on the approved landscape plan in a manner consistent with the intent and purpose of the plan. Approved landscaping and screening materials that die, become diseased or are significantly damaged must be replaced at the next appropriate planting period with new materials in conformance with the approved landscape plan and applicable City Code standards. (2)Structure maintenance.Landscaping and screening structures such as fences and walls must be maintained in good condition, free of graffiti, peeling paint, decay or warping, must be repaired when needed and replaced periodically to maintain a structurally sound condition. (3)Removal.Unless a modified landscape plan is approved, landscaping and screening materials and structures approved on a landscape plan must not be removed except when replaced in accordance with this section. (e)Redevelopment compliance. (1)Redevelopment or large addition.When either full redevelopment of a site is proposed or an addition that would increase total floor area on a site by 25 percent or more, a landscape plan for the entire site, demonstrating compliance with the requirements of this section, must be submitted for approval. (2)Small addition.When an addition is proposed that would increase total floor area on a site by less than 25 percent, but would physically impact existing landscaping, a modified landscape plan for the portion of the site affected by the addition, demonstrating compliance with the requirements of this section, must be submitted for approval. (3) Constrained sites. The City recognizes that highly constrained redevelopment sites may have difficulty meeting the landscaping requirements. Given that the City seeks to encourage rather than impede redevelopment, highly constrained redevelopment sites may seek relief from the landscape standards through the planned development process. In considering planned development flexibility to landscape standards, the City shall: a. Balance the public interest in promoting redevelopment with the public interest in providing landscaping; and b. Consider whether reduced landscaping levels are balanced by alternative methods of providing visual interest to the site including but not limited to sculpture, public art or higher quality landscaping materials. Section 2. Section 94-399, as set forth above, also amends the landscaping requirements set forth in the density, area, yard and height regulations tables set forth in Sections 94- 126(f), 94-127(f), 94-128(f) and 94-130(f). The following provision, denoted by a single asterisk (*), shall replace the current provision and shall be included in each density, area, yard and height regulation table for Sections 94-126(f), 94-127(f), 94-128(f) and 94-130(f): * Parking lots shall be screened from single-family and two-family residential uses according to Section 94-401. Section 3. Any or all ordinance in conflict herewith are hereby repealed. First Reading:December 12, 2017 Second Reading and Adoption: Published: CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Shari Thornes, City Clerk Planning Commission Brookings, South Dakota December 5, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, December 5, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Alan Gregg, Alan Johnson, Lee Ann Pierce, Kristi Tornquist, Eric Rasmussen and Heuton. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, Justin Bucher – Banner Associates, and others. Item #7b - The City of Brookings has submitted ordinance amendments to Section 94-399 pertaining to Landscaping. (Rasmussen/Pierce ) Motion to remove from the table. All in favor. (Pierce/Gregg) Motion to approve the amendments. (Pierce/Tornquist) Amendment to the motion that Section 1., (c), 6b. (Exceptions to foundation plantings.) shall read “ Business and industrial uses shall install plantings along foundations facing a public right of way. However, corner lots in business and industrial districts may incorporate the total required square footage foundation plantings into a landscape area adjacent to the building foundation along the street right-of-way with the highest classification or at the primary entrance to the building. All present voted aye. AMENDMENT CARRIED. Motion as amended was voted on. Drew and Tornquist voted no. All others voted yes. MOTION CARRIED. OFFICIAL SUMMARY Item #7b – Fargen asked how the city will handle the properties that are already developed and they want to come forward and make any kind of improvements but they can’t meet the new requirements. Struck explained that they will be considered non-conforming status and they will be grandfathered in. These properties are allowed to do a certain amount of improvements before they are required to meet new requirements. Heuton asked, in this type of situation, would a property owner be able to apply for a variance if they are not able to meet the requirements. Struck explained that a variance could be applied for through the Board of Adjustment. Pierce questioned item b2. Under Section 1, “Landscape plans must be reviewed and approved by the Community Development Department.” If a citizen comes in and the city doesn’t approve their plan, does the citizen have an appeal option in the ordinance? Struck explained that if there is an interpretation question on any ordinance, a citizen has the right to appeal this to the Board of Adjustment. Particularly Pierce questioned the “Constrained sites” portion under Section 1, (e) 3. Struck stated that a developer may proceed through the Planned Development process if they feel they have a constrained site. Constrained sites might be considered if the developer has some unusual terrain to deal with or an irregular lot might cause some issues. Aiken asked if something like large tree preservation would qualify as a Constrained Sight qualification? Struck explained that this could apply. Johnson asked if there would be restrictions against gardens and the size of gardens, in another ordinance? Struck explained that the only restriction the City would have would be height restrictions. Tornquist is concerned about Section 1., (c) Landscaping Standards, 6b. Exceptions to foundations plantings. She wondered why we wouldn’t want to require foundation plantings on all 4 sides? Struck explained that if there were drive-thru facilities needed, you wouldn’t be able to have foundation plantings where the drive-thru window is located. Bungard also added that the drive lane to the drive-thru window would make it impossible to have foundation plantings. Tornquist wondered if there could be an exception for those that had drive-thru windows, rather than to allow everyone the option for this exception. Aiken feels that the amendments have been improved greatly. There are some adjustments made that are pertinent to tree plantings. Planning Commission Brookings, South Dakota November 7, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, November 7, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Alan Gregg, Alan Johnson, Lee Ann Pierce, Kristi Tornquist, Eric Rasmussen and Heuton. Also present were Community Development Director Mike Struck, City Engineer Jackie Lanning, David Jones, Joshua Westwick, and others. Item #5b - The City of Brookings has submitted ordinance amendments to Section 94-399 pertaining to Landscaping. (Aiken/Gregg) Motion to remove from the table. All in favor. (Tornquist/Aiken) Motion to table. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5b – Struck explained that City Staff found some recent projects and they completed a comparison for the number of trees required based on the old ordinance and the proposed new ordinance, where the number of trees increased based on the footprint size of the building. So a smaller office building would only increase by a few trees, but a larger warehouse type building would have significantly more trees. Staff feels that you would need to go with a ratio type scenario in order for the tree plantings to be healthy with proper spacing. Planning Commission Brookings, South Dakota October 3, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, October 3, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Alan Gregg, Lee Ann Pierce, Kristi Tornquist, Eric Rasmussen and Heuton. Absent was Alan Johnson. Also present were City Planner Staci Bungard, City Engineer Jackie Lanning, Ryan McKnight, Jeremy Scott, Blake Hoffman, Nacasius Ujah, Matt Anderson, Jordan McCaskill, Joseph Mohr, Tanner Nelson, Jacob Rohlik, Ryan Schiller, Joshua Westwick, Jolynn Tomhave, and others. Item #6a - The City of Brookings has submitted ordinance amendments to Section 94-398 pertaining to Landscaping. (Gregg/Aiken) Motion to remove from the table. All in favor. (Aiken/Fargen) Motion to approve the amendments. (Rasmussen/Tornquist) Motion to table. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6a –The presented amendment is based off public comment and comments from the Planning Commission. Staff did complete research based on the commission requests. The most significant change in the greenspace requirements is the removal of the 300 square feet per unit requirement. For each district, the required setbacks will be the greenspace. This change will make for more usable greenspace as it will remain open and free from obstructions. It will create more of a streetscape and have landscaping and plantings around the perimeter of a sight. Parking, storage, merchandise, and other structures will not be allowed to be in this setback area. While this reduction appears to be a significant change, the reality is that the greenspace was not usable. Other notable changes include the addition of foundation plantings, required around multi- family buildings. And at a minimum along one side of the foundation on a commercial or industrial use building. This would eliminate asphalt or concrete parking going right up to the outside of buildings. Also, the planting strip in commercial and industrial districts is proposed to go from 8’ to 10’ with a minimum 5’ required strip along the side lot line. The 5’ strip along the side lot line is an addition in this amendment. Another change is the requirement of 50% of the rear yard in single and two-family uses to be maintained in landscape area. Heuton asked if this change would affect an accessory building being added to a single family home, would they have to be 25 foot off of the lot line? Bungard explained that this wouldn’t apply to single and two family. Just multi-family. But the 50% requirement could affect someone in the downtown area if they were wanting to put up a detached garage. Bungard showed how the greenspace area would affect a current 5-unit and 22 unit apartment complex. Tornquist asked if additional parking would then be required? Bungard stated that it would be possible depending on the requirements for the size of the complex. In the 22 unit apartment complex example, there would be additional perimeter greenspace required from the current requirements. Tornquist asked if foundation plantings on one side would still be required? Bungard stated that all sides would be required to have foundation plantings because it is a residential use. Aiken commented that some greenspace will be lost in certain areas, but then it will be made up in other areas such as tree plantings with islands in a parking lot. Bungard concurred with this statement. Pierce wondered why is there a height requirement being applied to the conifers? If it is a newly planted conifer tree, 6 foot is rather tall, and she wonders why a 4 foot tree wouldn’t be acceptable. Pierce feels that typically residential single-family developments are the only ones that are going to plant conifers and there could be more of an expense if the 6 foot tree is required. Bungard stated that conifers could also be planted in multi-family and apartment developments and business and industrial properties. Pierce then wondered if this requirement was going to apply to residential single-family developments then? Bungard was unsure of the reasoning behind the 6 foot height requirement. Aiken explained that the 6 foot height is a standard requirement. Aiken questioned the requirement of having one tree planting for the first 4,000 square feet of surfaced area. Is this counting the building square footage or the footprint of the building as square footage? Bungard recalled that a recent conversation with City Staff indicated that when you start looking at a larger sight, such as a large retail business, there will be a significant amount of landscaping area, and that wouldn’t include the building footprint. Fargen noted that the ordinance states that the landscaping plan must be reviewed and approved by the Community Development staff. Fargen asked who is this? Bungard explained that it would be herself, or Mike Struck, Community Development Director. Fargen is also concerned that the staff report indicates that the landscaping regulations should help control density. He feels that there are several ways of controlling density and doesn’t feel that density control should be included in the landscaping regulations. He does like the idea of quality over quantity in this amended ordinance. Drew is concerned about the requirement of landscaping around all 4 sides of a multi-family building. He feels that there are going to be sides of a building that will not receive sufficient sunlight for proper growth and health of landscaping. And this will cause extra maintenance work. Additionally, if it is a garage, you are not going to be able to landscape around all 4 sides. He feels the verbiage needs to be adjusted to indicate a situation like a garage where you cannot landscape on all 4 sides. He feels that the blanket verbiage of landscaping around all 4 sides needs to be rewritten. Pierce is concerned about page 3, Item #5b, regarding Minimum Landscape Area. It says that single family and two family uses may have accessory structures, access drives, and parking located within the required landscape area provided not less than 50 percent of the rear yard is maintained in living ground cover. In previous conversations it was discussed that this requirement is put in to place so people cannot use their whole backyard for parking. However she is concerned with the properties in the Historic District and around SDSU where there is a lot of rental properties and there is parking problems. A lot of the landlords have made additional parking in their backyards to keep parking off the streets. She feels that this ordinance will discourage property owners from trying to resolve the parking issue. Additionally there are some smaller homes that do not have driveways in front of the house and their only driveway or parking is at the rear of the property in the alley. So the 50% requirement needs to be looked at and maybe lowered. She wonders if this requirement could be tied to alley accesses. And if you have alley access for parking, then this number should be different. Tornquist and Pierce feel that the ordinance is difficult to follow as there are different rules for different districts. Planning Commission Brookings, South Dakota September 5th, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, September 5, 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, Eric Rasmussen and Heuton. Absent was Greg Fargen. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, Mike McClemans, John Mills, Donald Denure, David Jones, Rick Ribstein, Larry Fjeldos, Kelan Bludorn, Mary and Orren Erickson, Kathy Larson, John Kratochvil, Tom Becker, Shawn Weber, Josh Westwick, Stacy Davis, Jolane Tomhave, and others. Item #8b – The City of Brookings has submitted ordinance amendments to Section 94-399 pertaining to Landscaping. (Tornquist/Aiken) Motion to table. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, September 5, 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, Eric Rasmussen and Heuton. Absent was Greg Fargen. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, Mike McClemans, John Mills, Donald Denure, David Jones, Rick Ribstein, Larry Fjeldos, Kelan Bludorn, Mary and Orren Erickson, Kathy Larson, John Kratochvil, Tom Becker, Shawn Weber, Josh Westwick, Stacy Davis, Jolane Tomhave, and others. Item #8b – Pierce is concerned about “Section b, Landscape plans” – 1. Except for single family and two family uses. She feels that the ag district should also be exempt. Additionally, “Section c, Landscaping standards” – 3. Minimum tree size. She feels that item c1. “Conifer trees may only be planted on the perimeter of the site” should be removed since the only place we have problems with conifer tree plantings is in parking lots. And maybe in Section c3-4 Interior parking lot landscaping it could state that conifer trees cannot be planted in parking lots. 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 94-399, pertaining to Landscaping. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, September 5, 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 25th day of August, 2017. ____________________________ Staci Bungard City Planner District Applicability Requirements Agriculture (A), Floodway (FW), Airport (AP) Exempt None R-1, R-1A, R-1B, R-1C, R- 1D Single & two-family uses are exempt except for 50% landscaped area in rear yard, other uses are subject to ordinance Setback of the district is landscaped area; foundation plantings; tree plantings; parking lot landscaping R-2, R-3, R-3A, RMH Single & two-family uses are exempt except for 50% landscaped area in rear yard, other uses are subject to ordinance Setback of the district is landscaped area; foundation plantings; tree plantings; parking lot landscaping RB-4,B-2, B-2A, B-3, B-4, B-5 Applies to all uses 10’planting strip along right-of- way, 5’ along side lot lines; foundation plantings; tree plantings; parking lot landscaping I-1, 1-2 Applies to all uses 10’ planting strip along right-of- way, 5’ along side lot lines; foundation plantings; tree plantings; parking lot landscaping 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 17-103,Version:1 Public Hearing and Action on Resolution 17-103, a Resolution authorizing the City Manager to enter into an Operating Agreement for a Liquor License for Jesse Davis LLC, dba Craft Fusion, Jesse Davis, owner, 610 Medary Ave., Brookings, SD, legal description: Lots 3, 4, 5 Randi Peterson Addition. Summary: The City of Brookings has received an application to transfer the Liquor License from Midwest Fresh Concepts, dba CRAFT, Jesse Lee, owner, to Jesse Davis LLC, dba Draft Fusion, Jesse Davis, owner, 610 Medary Ave., Brookings, SD, legal description: Lots 3, 4, 5 Randi Peterson Addition. An operating agreement is required for Liquor Licenses. This Resolution allows the City Manager to enter into the first five years of the 10-year agreement effective through 2023. Background: A public hearing and action by the local governing body is required for all alcohol licenses. This license would be effective until December 31, 2018 and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Staff recommends approval. Listed below is specific information related to on-sale alcohol license request and other procedures that are following with an application. City Ordinances: Listed below is Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertaining to Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in accordance with SDCL 35-2 and in accordance with the following factors: 1)Type of business which applicant proposes to operate: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. 2)The manner in which the business is operated:on-sale alcoholic beverage operating agreements and alcoholic beverage licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. 3)The extent to which minors are employed in such a place of business: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. 4)Adequacy of the police facilities to properly police the proposed location: The city council shall inquire of the city manager whether the police department can adequately police the proposed location. 5)Other factors: The hours that business is conducted shall be considered by the city council in City of Brookings Printed on 12/6/2017Page 1 of 2 powered by Legistar™ File #:RES 17-103,Version:1 its review of applications for on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses. Fiscal Impact: None Recommendation: Staff recommends approval. Attachments: Resolution Operating Agreement Hearing Notice City of Brookings Printed on 12/6/2017Page 2 of 2 powered by Legistar™ Resolution 17-103 Jesse Davis LLC, dba Craft Fusion On-Sale Liquor Operating Agreement Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement for Liquor between the City of Brookings and Jesse Davis LLC, dba Craft Fusion, Jesse Davis, owner, for the purpose of a liquor manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 610 Medary Ave.: legal description: Lots 3, 4, 5 Randi Peterson Addition. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years and renewal for another five (5) years. Passed and approved this 12th day of December, 2017. CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Shari Thornes, City Clerk LIQUOR OPERATING AGREEMENT Jesse Davis LLC, dba Craft Fusion THIS AGREEMENT made and entered into by and between the CITY OF BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and Jesse Davis, owner, Jesse Davis LLC, dba Craft Fusion, hereinafter referred to as “Manager.” WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on-sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: I. This Agreement is made and entered into on a limited basis between the parties hereto to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement in accordance with all State laws and City Ordinances now in effect and as may be enacted in the future. II. The Manager shall be individually responsible for all operating expenses of said on-sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. III. The on-sale establishment shall be located upon real estate in the City of Brookings, South Dakota, described as: Lots 3, 4, 5 Randi Peterson Addition, City of Brookings, Brookings County, South Dakota IV. The Manager shall dispense only alcoholic beverages supplied by the Municipal Off- Sale establishment. V. This Agreement shall be in full force and effect for a period of five (5) years, with the Manager having the option and privilege of a five (5) year extension, subject to the approval of the governing body of the City of Brookings. VI. Either the Manager or the City may terminate this Agreement without cause upon ninety (90) days written notice served by either party upon the other. The City reserves the right to immediately suspend or revoke this Agreement without ninety (90) days written notice for alcohol related violations in accordance with the provisions of Resolution No. 25-88 or any amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal Off-Sale Establishment to be sold on the premises of Manager. VII. The Manager shall receive as full compensation for its services rendered, the net profit from the on-sale establishment under its management, and the sole profit to be derived by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the Manager for the purposes of resale on the premises as above described. VIII. The Manager shall pay to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supercede the markup percentages provided herein. The Manager further agrees that if either of the markup percentages shall be increased at any time by the City, the Manager shall pay the markup as so increased. IX. A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoice shall bear the signature of the authorized representative of the on-sale Manager or its authorized representative. One copy thereof shall be retained by the Municipal off-sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. X. In consideration of the covenants herein contained, the Manager agrees to pay the CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00), constituting the Annual License Fee on or by the 1st day of November of each year thereafter as long as this agreement shall remain in force and effect. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided therein. The Manager further agrees that if the annual fee shall be increased at any time by the legislature, the Manager shall pay the amount of any such increase. XI. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. XII. The Manager shall have the right to return, at any time, alcoholic beverages received from the City and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the of such alcoholic beverages. XIII. The Manager agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. XIV. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and the Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including taxes. XV. The Manager agrees to observe all Federal and State laws and ordinances of the City of Brookings. XVI. The City covenants and agrees to furnish the on-sale license to Manager pursuant to the terms and conditions of this Operating Agreement and the terms and conditions of the on-sale license. XVII. The City has the right to make inspections and investigations of the premises during the hours of operation, and make audits and examinations of the records of the Manager relating to the on-sale establishment. XVIII. It is further specifically understood and agreed that the waiver of the rights of the City under this Agreement shall not constitute a continuous waiver, and any violation or breach of the terms of this Agreement by the Manager shall constitute a separate and distinct offense and grounds for immediate termination and revocation of this Agreement. XIX. This agreement shall not be assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is effective this 12th day of December, 2017. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST:Jeffrey W. Weldon, City Manager Shari Thornes, City Clerk MANAGER By: NOTICE OF PUBLIC HEARING On-Sale Liquor License Transfer – Craft Fusion, Jesse Davis LLC NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on December 12, 2017, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the transfer of an On-Sale Liquor License from Midwest Fresh Concepts, dba CRAFT, Jesse Lee, owner, to Jesse Davis LLC, dba Craft Fusion, Jesse Davis, owner, 610 Medary Ave., Brookings, South Dakota, legal description: Lots 3, 4,5 Randi Peterson Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 1st day of December, 2017. Shari Thornes, City Clerk Published time(s) at an approximate cost $ . City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 17-025,Version:2 Second Reading and Action on Ordinance 17-025, an Ordinance revising Division 3 of Chapter 82 of the Code of Ordinances of the City of Brookings and Pertaining to Speed Zones in the City of Brookings, South Dakota. Summary: This Ordinance will revise the Brookings City Ordinance for speed limits on 6th Street to be the same as the speed limits adopted by the State of South Dakota and for speed limit changes on 20 th Street South between Main Avenue South and Western Avenue South. Background: The State of South Dakota recently adopted new speed limits for 6th Street, which is a state highway. The new speed limit for 6th Street was changed to be 35 miles per hour from 370 feet East of 17th Avenue to the East City limits of Brookings. The City staff also found that the City Ordinance had not been updated to reflect a new speed limit on 20th Street South between Main Avenue South and Western Avenue South. The Traffic Safety Committee recommended at their September 10, 2015 meeting to change the speed limit on 20th Street South between Main Avenue South and Western Avenue to 25 mph, and the minutes are attached. The City Ordinance will reflect the new speed limits on 6th Street East of 17th Avenue, and on 20th Street South between Main Avenue South and Western Avenue South. Recommendation: Staff recommends approval. Attachments: Ordinance - clean copy Ordinance - marked copy Traffic Safety Minutes 9/10/2015 City of Brookings Printed on 12/7/2017Page 1 of 1 powered by Legistar™ Ordinance 17-025 An Ordinance Revising Division 3 of Chapter 82 of the Code of Ordinances of the City of Brookings and Pertaining to Speed Zones in the City of Brookings, South Dakota. Be It Ordained by the City of Brookings that Section 305 of Division 3 of Chapter 82 of the Code of Ordinances of the City of Brookings be amended to read as follows: Sec. 82-305. Speed zones. (d) The following speed limits are established for the streets and portions of streets enumerated as follows: Street Extent Speed Main Avenue South From 175 feet south of 1 st Street South to 3,960 feet south of 20th Street South 35 Medary Avenue From 325 feet north of North Campus Drive to US Highway 14 Bypass 35 From US Highway 14 Bypass to the north city limits 45 Medary Avenue South From 70 feet south of 16th Street South to the south city limits 35 22nd Avenue From US Highway 14 Bypass to the south city limits 35 8th Street South From the west city limits to 22nd Avenue South 35 20th Street South From Main Avenue South to 22nd Avenue South 35 34th Avenue From US Highway 14 to US Highway 14 Bypass 35 34th Avenue From US Highway 14 to the south city limits 35 US Highway 14 From the west city limits southeasterly to a point 55 1,560 feet northwesterly of the intersection of US Highway 14 and Western Avenue From 1,560 feet northwesterly of Western Avenue to 100 feet northwesterly of Western Avenue 40 From 100 feet Northwesterly of Western Avenue To 370 feet east of 17th Avenue 30 From 370 feet east of 17 th Avenue to the east city limits 35 US Highway 14 Bypass From the west city limits to the east city limits 55 West 2nd Street South From Western Avenue to Division Avenue 35 Western Avenue From West 2nd Street South to north city limits 35 Western Avenue South From West 8th Street South to south city limits 35 West 20th Street South From Main Avenue South to Western Avenue South 25 From Western Avenue South to west city limits 35 II. Any or all ordinances in conflict herewith are hereby repealed. First Reading:November 28, 2017 Second Reading and Adoption:December 12, 2017 Published:December 15, 2017 CITY OF BROOKINGS, SD ATTEST:Keith W. Corbett, Mayor Shari Thornes, City Clerk Ordinance 17-025 An Ordinance Revising Division 3 of Chapter 82 of the Code of Ordinances of the City of Brookings and Pertaining to Speed Zones in the City of Brookings, South Dakota. Be It Ordained by the City of Brookings that Section 305 of Division 3 of Chapter 82 of the Code of Ordinances of the City of Brookings be amended to read as follows: Sec. 82-305. Speed zones. (d) The following speed limits are established for the streets and portions of streets enumerated as follows: Street Extent Speed Main Avenue South From 175 feet south of 1 st Street South to 3,960 feet south of 20th Street South 35 Medary Avenue From 325 feet north of North Campus Drive to US Highway 14 Bypass 35 From US Highway 14 Bypass to the north city limits 45 Medary Avenue South From 70 feet south of 16th Street South to the south city limits 35 22nd Avenue From US Highway 14 Bypass to the south city limits 35 8th Street South From the west city limits to 22nd Avenue South 35 20th Street South From Main Avenue South to 22nd Avenue South 35 34th Avenue From US Highway 14 to US Highway 14 Bypass 35 34th Avenue From US Highway 14 to the south city limits 35 US Highway 14 From the west city limits southeasterly to a point 55 1,560 feet northwesterly of the intersection of US Highway 14 and Western Avenue From 1,560 feet northwesterly of Western Avenue to 100 feet northwesterly of Western Avenue 40 From 100 feet Northwesterly of Western Avenue To 370 feet east of 17th Avenue 30 From 370 feet east of 17 th Avenue to 428 feet west of Lefevre Drive to the east city limits 35 From 428 feet west of Lefevre Drive to the east city limits 45 US Highway 14 Bypass From the west city limits to the east city limits 55 West 2nd Street South From Western Avenue to Division Avenue 35 Western Avenue From West 2nd Street South to north city limits 35 Western Avenue South From West 8th Street South to south city limits 35 West 20th Street South From Main Avenue South to west city limits Western Avenue South 3525 From Western Avenue South to west city limits 35 II. Any or all ordinances in conflict herewith are hereby repealed. First Reading:November 28, 2017 Second Reading and Adoption:December 12, 2017 Published:December 15, 2017 CITY OF BROOKINGS, SD ATTEST:Keith W. Corbett, Mayor Shari Thornes, City Clerk BROOKINGS TRAFFIC SAFETY COMMITTEE City & County Government Center Thursday, September 10, 2015 12:10 p.m. The Brookings Traffic Safety Committee held its monthly meeting on Thursday, September 10, 2015, at 12:10pm in the City & County Government Center Suite 230, Room 241. Members Present:Carol Rettkowski, Tony Sonnenburg, John Howard, Skip Webster, Brian Lueders, Becky Schmieding, Shayn Damm, James Weiss, Jeff Miller, and Jackie Lanning. Members Absent:Gary Gramm, Gregg Jorgenson, Tim Heaton, and Pete Kirchhevel. Others Present: Matt Bartley Call to Order: Howard called the meeting to order. Webster/Schmieding made a motion to approve the minutes from the August 13, 2015 meeting. All present voted aye. Motion passed. Additions to Agenda: None Old Business: Discussion on the speed limit on 20th Street South between Western Avenue South and Main Avenue South Lanning stated last month the committee decided to monitor this area after the new school opened to watch the traffic patterns. Miller stated he has not seen any foot traffic crossing 20th Street South; however he saw a lot of vehicle traffic going both ways on the road. He stated after the development was finished, he believed there would be more pedestrian traffic. Vehicles driving easterly on 20th Street South have limited visibility over the hill and the speed limit is currently 35 mph. Miller would like the speed limit to be lowered to 25 mph especially with visibility over the hill. Webster agreed and stated the speed limit is 55 mph west of Western Avenue and that vehicles traveling east on 20 th Street South are traveling at a high speed. Schmieding asked if a 4-way stop sign at Western Avenue and 20th Street South would be a better option. Miller said in the future the stop signs may be an option. Lanning stated the City would need to conduct a traffic study to see if the intersection would warrant a 4-way stop sign. Schmieding asked when 20th Street South is widened in 2017 if there would be pedestrians crossing the road. She stated if the east end of 20 th Street South is 35 mph, then making a section of the road 25 mph seemed inconsistent. Rettkowski stated she drove the area and would like to see signs installed warning of the reduced speeds. Webster/ Rettkowski made a motion to reduce the speed limit to 25 mph on 20th Street South between Western Avenue South and Main Avenue South. 7 members voted aye, 2 members voted no. Motion passed. New Business: Member Reports: Lanning received a request to look at parking on 13th Avenue between 5th Street and 7th Street which will be on next month’s agenda. Lanning received a request to have DOT to conduct a traffic study at 13th Avenue and 6th Street to see if a signal is needed at that intersection or if the 12th Avenue signal could be moved. Weiss asked if the 3-way stop sign can be removed due to the construction being completed on 12th Avenue and 8th Street. The next meeting will be October 8, 2015. Meeting adjourned. Submitted by: Chris Larson 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 17-026,Version:2 Public Hearing and Action on Ordinance 17-026, an Ordinance amending Section 94-398 of the Zoning Ordinance, pertaining to fences, walls, and hedges. Summary: Staff has prepared an Ordinance Amendment to the fences, walls, and hedges section of the Zoning Ordinance. Background: Currently, the Ordinance prohibits any fence, wall, or hedge above 30 inches in the front yard. A fence with a horizontal rail design that is 70 percent open may be up to 42 inches in height. The front yard includes all the yard area between the front of the residence and the front property line. In an effort to work with property owners, staff is proposing an amendment that will allow fences, hedges, and walls in the front yard to be maximum height of 4 feet. Any fence, wall, or hedge shall not be over 30 inches in height in the sight distance triangle, unless the design is at least 70 percent open for fences. The Planning Commission tabled the item on September 5, 2017 and again on October 3, 2017. Planning Commission Recommendation: The Planning Commission voted 8-1 to recommend approval of the ordinance amendment on November 7, 2017. Attachments: Ordinance - Clean Copy Ordinance - Marked Copy Planning Commission Minutes 9/5/2017, 10/3/2017, 11/7/2017 Planning Commission Hearing Notice Comparison Chart City of Brookings Printed on 12/7/2017Page 1 of 1 powered by Legistar™ Page 1 Ordinance 17-026 An ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to fences, walls, and hedges for the purpose of administration of the Zoning Ordinance Be It Ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94, Zoning, Section 94-394, Subsection (a) and (b) shall be amended as follows: I. Sec. 94-398. - Fences, walls, hedges (a)Regulations generally.Regulations regarding fences, walls, and hedges are as follows: In all residential districts and on lots used principally for residential purposes in any business or industrial district, privacy fencing utilizing solid board or other similarly designed fences, walls and hedges shall not exceed 48 inches in height when located between the front lot line and the principal building. Fences and walls on any other part of a lot may not exceed six feet in height when located within the minimum required setback area. The height of such walls and fences shall be determined by measurement from the ground level at the lowest grade within three feet of either side of such fence or wall. (1) Fences, walls, and hedges, shall be a maximum of 30 inches in height in the sight triangle as referenced in Section 94-407. (2) Fences with a design that results in 70 percent or more of open space from the grade to the top may be permitted in the required site triangle. (b)Exceptions. (1) Fences, walls and hedges up to six feet in height may be placed in a front yard opposite the street address of a lot abutting an arterial street where: a. The lot is a double frontage lot; and b. The lot is not adjacent to an alley which accesses onto the arterial street; and c.The lot is not a corner lot; and d. No driveways exit onto the arterial street; and e. The fence, wall or hedge is set back four or more feet from the front property line. (2) Fences, walls and hedges up to six feet in height may be placed in a front yard opposite the street address of a lot abutting a local or collector street where: a. The lot is a double frontage lot; and b. The fence, wall or hedge meets the minimum required setback of the district the lot is located in. (c) In all business districts, fences up to eight feet in height may be erected within 20 feet of any front property line and up to any side or rear property line. Exception: Fences shall not be erected between a lot line and any areas required to be landscaped. This provision shall not prohibit the screening of outdoor storage of materials and inventory as required by other sections of this chapter. Amend Section 94-1. Definitions. Page 2 Hedges: a fence or boundary formed by a dense row of shrubs, bushes, or low lying trees. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading:November 28, 2017 Public Hearing and Adoption:December 12, 2017 Published:December 15, 2017 CITY OF BROOKINGS, SD _________________________ Keith W. Corbett, Mayor ATTEST: ________________________ Shari Thornes, City Clerk Page 1 Ordinance 17-026 An ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to fences, walls, and hedges for the purpose of administration of the Zoning Ordinance Be It Ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94, Zoning, Section 94-394, Subsection (a) and (b) shall be amended as follows: I. Sec. 94-398. - Fences, walls, hedges (a)Regulations generally.Regulations regarding fences, walls, and hedges are as follows: In all residential districts and on lots used principally for residential purposes in any business or industrial district, privacy fencing utilizing solid board or other similarly designed fences, walls and hedges shall not exceed 48 inches 30 inches in height when located between the front lot line and the principal building. Fences with a horizontal rail design that results in 70 percent or more of open space from grade to the top of the top rail may extend 42 inches above the adjacent grade measured from grade to the top of the top horizontal rail. Fences and walls on any other part of a lot may not exceed six feet in height when located within the minimum required setback area. The height of such walls and fences shall be determined by measurement from the ground level at the lowest grade within three feet of either side of such fence or wall. (1)Fences, walls, and hedges, shall be a maximum of 30 inches in height in the sight triangle as referenced in Section 94-407. (2)Fences with a design that results in 70 percent or more of open space from the grade to the top may be permitted in the required site triangle. (b)Exceptions. (1) Fences, walls and hedges up to six feet in height may be placed in a front yard opposite the street address of a lot abutting an arterial street where: a. The lot is a double frontage lot; and b. The lot is not adjacent to an alley which accesses onto the arterial street; and c.The lot is not a corner lot; and d. No driveways exit onto the arterial street; and e. The fence, wall or hedge is set back four or more feet from the front property line. (2) Fences, walls and hedges up to six feet in height may be placed in a front yard opposite the street address of a lot abutting a local or collector street where: a. The lot is a double frontage lot; and b. The fence, wall or hedge meets the minimum required setback of the district the lot is located in. (c) In all business districts, fences up to eight feet in height may be erected within 20 feet of any front property line and up to any side or rear property line. Exception: Fences shall not be erected between a lot line and any areas required to be landscaped. This Page 2 provision shall not prohibit the screening of outdoor storage of materials and inventory as required by other sections of this chapter. Amend Section 94-1. Definitions. Hedges: a fence or boundary formed by a dense row of shrubs, bushes, or low lying trees. II. Any and all ordinances in conflict herewith are hereby repealed. First Reading:November 28, 2017 Public Hearing and Adoption:December 12, 2017 Published:December 15, 2017 CITY OF BROOKINGS, SD ________________________ Keith W. Corbett, Mayor ATTEST: ________________________ Shari Thornes, City Clerk Planning Commission Brookings, South Dakota September 5th, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, September 5, 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, Eric Rasmussen and Heuton. Absent was Greg Fargen. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, Mike McClemans, John Mills, Donald Denure, David Jones, Rick Ribstein, Larry Fjeldos, Kelan Bludorn, Mary and Orren Erickson, Kathy Larson, John Kratochvil, Tom Becker, Shawn Weber, Josh Westwick, Stacy Davis, Jolane Tomhave, and others. Item #8c – The City of Brookings has submitted ordinance amendments to Section 94-398 pertaining to Fences, Walls, and Hedges. (Tornquist/Aiken) Motion to approve the ordinance amendments. (Gregg/Rasmussen) Motion to table. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #8c –Staff has reviewed the current ordinance and is proposing amendments to the ordinance to try to balance neighborhood privacy needs with safety concerns keeping a clear sight distance triangle. Currently fences, walls and hedges can only be 30 inches in height in the front yard. Unless it is a slotted fence that is 70 percent open, then the height restriction is 42 inches in the front yard. Staff is proposing an amendment to allow fences, walls and hedges to be a maximum height of 4 feet in the front yard. However in the sight distance triangle, the fence, wall or hedge will need to be 30 inches or less unless it is 70 percent open then it may be up to 42 inches in height. Heuton clarified that the site triangle includes the right-of-way intersections and the alley. Josh Westwick, 502 9th Avenue, received a letter from the City regarding the height of his hedge. He purchased this house a year ago and had/has never heard of this issue until recently. He feels that the amendments to the site triangle ordinance should itself take care of the safety issue. Westwick has spoken with several residents in Brookings they were never aware of the ordinance or they had not yet been contacted by the City that they needed to take care of the hedge in their yard. Westwick is in favor of an amendment to this ordinance. However, he feels that the amendment being proposed for Section 94-407, Intersection Safety Zones, addresses the safety issues that City Staff are concerned about. He also feels that the word “hedges” should be removed entirely from Section 94-397 upon the approval of the amendments to the site triangle ordinance Section 94-407. Westwick feels that if a resident abides to the site triangle ordinance, then the hedge height in a front yard becomes irrelevant and should not be a concern to the city unless the hedge is hanging over the sidewalk. And if a height needs to be attached to the ordinance, then he feels that the height should be 72 inches. Westwick feels the current ordinance and even the proposed amendments have a negative impact on his quality of life. He also feels that the lowering of the hedges will have a negative impact on his residence. Westwick feels that there are benefits to hedges. They provide greenery, oxygen, privacy, they reduce noise and provide habitat for birds and other species. Hedges also provide charm and character to properties in the historic districts. Westwick was told by city staff that the current ordinance mandates that homeowners are not allowed to have plants, shrubs or bushes that are more than 30 inches in height in front of the house line, regardless if it is a hedge or not. He asked if this is currently included in the hedge ordinance. Struck stated that vegetation of fences, walls and hedges pertains to only the front yard. So if you have landscaping materials, such as taller plants or grasses, they are not considered a hedge. Westwick asked if a standalone bush was considered part of a hedge. Struck stated that they look at the continuous vegetation that could create a solid structure. Westwick wondered if homeowners are allowed to plant gardens in their front yards, and if so, is this attached to the hedge ordinance. Struck stated that they are allowed at this time as long as it doesn’t fit under the definition of a hedge. Westwick questioned what the definition of a low lying tree was. Struck explained that if someone were to plant evergreens at a distance that could grow together, this would be considered a hedge. Westwick feels that the hedges on his property are not a safety concern and he shouldn’t be required to lower his hedges, other than those that are in the site distance triangle. Heuton asked if there would be a ‘grandfathering’ process with this. Struck explained that the City will not be going through a grandfathering process as it would be nearly impossible to keep track of this. Drew asked Westwick what he thinks would be a good height for hedges. Westwick feels that 48 inches is too low and that 72 inches would be a good height in areas of the yard that do not affect the safety of others. Jolane Tomhave also received a letter from the City. She appreciates the safety side of the ordinance at the site triangles and near the driveways. She hadn’t thought about the safety side of it and she appreciates that the city brought this to her attention. She has trimmed the hedges on her property in the site areas but doesn’t agree with the ordinance for the remaining hedges. Staci Davis, 510 9th Ave, explained that they have a hedge that goes along an alley way between her house and the alley. When they purchased the house 4 years ago, they weren’t aware of this ordinance. Since they purchased their property, they have trimmed and lowered the hedge, but she doesn’t agree with a height restriction to hedges unless it is in the site triangle. Tomhave stated that there are benefits to having greenery. The greenery does provide as a buffer from sound and dust. But also provides a habitat for birds. She would like to know what the benefits to cutting down the hedges would be. She would like to see that the hedges remain taller, other than in the safety areas. Heuton has always been concerned that fences, walls, and hedges have always been lumped together. Tornquist wonders why the ordinance doesn’t state anything regarding hedges hanging over the sidewalk. Struck explained that this is enforced in a different ordinance. Pierce is empathetic to the vegetation concerns, but the safety concerns are a bigger issue to her. Drew asked where the City Staff came up with the 48 inches height. Struck explained that City staff completed research on other cities to see what they were using. Struck also noted that some best practice examples noted that the lower height was a benefit to neighbors as they could see into their neighbors yard and notice if things were out of the ordinary. He also noted that hedges should not be removed from the ordinance. Hedges can become a bigger barrier than a fence or wall. Bungard stated that the 48 inch rule in the front yard is a pretty common height nationwide. Pierce commented that the ordinance, the way it is written, could be interpreted differently. Aiken is concerned about the properties that may have a deep, front yard. These hedges may not be a safety concern on these lots, and these people may have to remove a large amount of their hedge and it wouldn’t be necessary. Tornquist asked how tall a fence or hedge could be if it wasn’t in the front yard. Bungard explained that as long as the fence or hedge is not in the setback area, then it can be at any height that the property owner would like. Planning Commission Brookings, South Dakota October 3, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, October 3, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Alan Gregg, Lee Ann Pierce, Kristi Tornquist, Eric Rasmussen and Heuton. Absent was Alan Johnson. Also present were City Planner Staci Bungard, City Engineer Jackie Lanning, Ryan McKnight, Jeremy Scott, Blake Hoffman, Nacasius Ujah, Matt Anderson, Jordan McCaskill, Joseph Mohr, Tanner Nelson, Jacob Rohlik, Ryan Schiller, Joshua Westwick, Jolynn Tomhave, and others. Item #6a - The City of Brookings has submitted ordinance amendments to Section 94-398 pertaining to Landscaping. (Gregg/Aiken) Motion to remove from the table. All in favor. (Aiken/Fargen) Motion to approve the amendments. (Rasmussen/Tornquist) Motion to table. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6b –Bungard explained that these amendments pertain to Fences, Walls and Hedges in the front yard. Currently there is a 30 inch height maximum in the front yard and the amendment would increase the height to 48 inches. Additionally, horizontal rail design language would be removed from this ordinance. So long as these fences, walls, or hedges do not get into the sight triangle. And fences with a design that would results in 70% or more opening from the grade to the top would be allowed in the sight triangle. Anything within the sight triangle would have a height maximum of 30 inches. Heuton read a letter from Kelly Chromey, a city resident, asking the Planning Commission to consider increasing the height of hedges to 72 inches. She feels that hedges are aesthetically pleasing and provide refuge from wind and rain for wildlife. Hedges also play an important role in minimizing soil loss, regulating water supply and reducing pollution. Chromey feels that the hedges also prevent pedestrians from encroaching upon people’s property. And they provide privacy to property owners. Heuton read a letter from Blake Erickson who is a lifelong resident of Brookings. Erickson feels that the height of the hedges should be increased to 72 inches. He is a runner and has always enjoyed the hedges and doesn’t feel that the hedges are a safety concern. Erickson feels that there are other places in town that have equipment parked along their property lines and at intersections that obstructs the view for pedestrians. Erickson does agree that the hedges in the sight triangles should be cut to the 30 inches for safety reasons. Tornquist read a letter from Jolynn and Thomas Tomhave. The Tomhave’s appreciate that the commission is considering an increase in the height of hedges, with the exception to the sight lines. Tomhave’s feel that the hedges provide a much needed barrier from downtown foot traffic, shade, lush habitat for birds and other species, and beauty to neighborhoods. Tornquist read letter from Rebecca Kuehl Hybbert who would also like to see the hedge height be increased to 72 inches. She feels that the higher hedges will help preserve their properties. Tornquist also read a letter from Karla Hunter who is in support of the increase to 72 inches for hedges, as long as street and sidewalk traffic safety is taken in to consideration. 3 reasons that she feels the height should be increased are: 1. Privacy 2. Individuality of expression and citizen’s rights 3. Greenery is beautiful and provides for biodiversity for mammals and plentiful greener. Josh Westwick, 502 9th Ave – He recalls at the end of a previous meeting that City Staff indicated that if the motion to amend the ordinance amendment, then a discussion could be held to discuss removing hedges from this ordinance. However, the agenda item tonight does not reflect any changes from the previous meeting. He is requesting that the commission again table this item and consider removing the hedges. Westwick feels that hedges of 72 inches should be allowed on private property for the following reasons: Hedges provide residential privacy. Hedges reduce noise. Westwick noted that there is heavy foot traffic by his house during some nights and weekends and the hedges absorb some of the noise. Hedges provide safety and security. Westwick has a garden area that is susceptible to vandalism, theft and damage, however he feels that hedges help keep people on the sidewalk and off of personal property. Hedges provide charm, character and are aesthetically pleasing. Josh feels that Brookings shouldn’t try to be like everybody else and change the ordinance to 48 inches, reduction and removal of hedges will negatively affect the beauty of Brookings. Hedges serve as a natural habitat for birds butterflies and other species. Hedges have not proven to be a serious safety concern if not located within the safety zones. Westwick recalled city staff commenting that they haven’t received complaints regarding hedge heights outside of the safety zones. Westwick feels that if citizen’s haven’t complained about the hedge height for years, then residents aren’t concerned if the hedges are 72 inches tall. Reducing the hedge height will impact curb appeal and decrease property values. This is unfair and is an injustice to him and others with hedges on their properties. Westwick found that the American Planners Association stated that if communities are considering prohibiting or restricting fences, they need to also look at the benefits and positive values of hedges and fences. Additionally, he has found that there are other cities that allow for different regulations for fences and hedges. And if the fences and hedges can be separate in other cities, then they should be able to be separated here also. He would like the commission to keep the property owners in mind when making a decision on this ordinance. Westwick would like to ask that the commission consider an alternative definition to hedge in the ordinance. Similar details to another city could help define this. Jolynn Tomhave stated that they have cut down 45 feet of hedge and they wouldn’t want to cut down anymore. She feels that a 72 inch hedge height should be allowed. She left the previous Planning Commission meeting thinking that there was new thought and new movement toward a 72 inch hedge other than in the safety zones. Pierce feels that Fences, Walls and Hedges being in the same ordinance is a concern. She isn’t in favor of fences and walls being taller. But a taller hedge does have benefits and they are aesthetically pleasing. Fargen wondered if they could remain in one ordinance, but break out the items. Drew feels that a clear definition of “hedge” and “fence” needs to be made. Heuton doesn’t have an issue with a 72 inch hedge or bush in the front yard. But walls or fences are a concern to him at 72 inches in height. Aiken also agrees that a 72 inch high hedge, as long as it doesn’t affect the safety of anyone, isn’t a concern. But a clear definition of what a hedge is would be beneficial. Pierce feels that fences and walls could be left at the 30 inch height maximum. Bungard stated that she has heard concerns from citizen’s that 30 or 36 inches for fences and walls isn’t high enough and that 48 inches should be allowed. Gregg and Heuton feel that 48 inches is a good height. Planning Commission Brookings, South Dakota November 7, 2017 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on Tuesday, November 7, 2017, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, James Drew, Greg Fargen, Alan Gregg, Alan Johnson, Lee Ann Pierce, Kristi Tornquist, Eric Rasmussen and Heuton. Also present were Community Development Director Mike Struck, City Engineer Jackie Lanning, David Jones, Joshua Westwick, and others. Item #5c – The City of Brookings has submitted ordinance amendments to Section 94-398 pertaining to Fences, Walls, and Hedges. (Rasmussen/Drew) Motion to remove from the table. (Rasmussen/Drew) Motion to approve the ordinance amendments. Heuton voted no. All others voted yes. MOTION CARRIED. OFFICIAL SUMMARY Item #5c –Heuton received a letter in favor of the 6 foot hedge. Josh Westwick spoke in favor of the 48 inch hedge height. He recognizes that the 48 inch height can be sufficient. He would like the Commission to approve the 48 inches and not keep it at 30 inches. He also would like the Commission to better define the hedge definition. Rasmussen called the question and there was no further discussion. 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 94-398, pertaining to Fences, Walls, and Hedges. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, September 5, 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 25th day of August, 2017. ____________________________ Staci Bungard City Planner Municipality Regulations for Fences, Walls, Hedges Sioux Falls 4’ fence in front yard;no more than 30% solid design if within 30’ from intersection along property lines Aberdeen 3’ for hedges within 50’ of intersection at curbline & 3’ for solid fence within 35’ of intersection and 15’ for driveway at property lines Rapid City 4’ for fences in front yard; fences and hedges not more than 2.5’in sight triangle Brandon 4’ fence in front yard Huron 4’ fence in front yard; no fence or plant material taller than 1’ in sight triangle (12’ for streets/alleys & 8’ for driveways); Hedges in boulevard /parking areas not more than 30” measured from street gutter level Pierre 48” fence in front yard; fences, walls and hedges at 30” in sight triangle (25’ for streets and 15’ for intersection of street and alley measured at property line) Yankton 3’ for fences, walls, structure, planting of foliage with sight triangle (30’ from curbline of intersecting streets) Mankato, MN 4’ fence in front yard; fences, walls, shrubbery, or any visual obstruction shall not be over 30” in sight triangle as measured 25’ from right-of-way line Madison, WI 4’ for fences in front yard; nothing between 30”and 10’ in sight triangle (25’ for streets and 10’ for alleys and driveways measured at property line); Fences 66% open are exempt 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 17-027,Version:2 Second Reading and Action on Ordinance 17-027, an Ordinance amending Section 42-102 of the Code of Ordinances of the City of Brookings, SD and pertaining to Transfers to the Brookings Health System Investment Authority. Summary: Brookings Health System (BHS) is requesting a change in the City Investment Policy whereby a newly-created board comprising of existing BHS board members and the CEO, be authorized to exclusively invest BHS Funds. Currently, all city funds are aggregated to include City, BMU, and BHS and invested by the City Finance Director; usually on a competitive placement process. Even with this process, BHS and BMU have always had access to their funds to meet their cash flow or expenditure needs. Background: State Law places restrictions on the Investment Authority of Public Funds whereby such investment options are generally more conservative. As a municipal hospital, BHS is currently subject to such restrictions. This enabling authorization would allow BHS, with City approval, to establish an Investment Board, specifically a non-profit corporation, to make investments outside these state restrictions. BHS believes such restrictions impedes their ability to leverage investment opportunities often associated with non-public hospitals. Recommendation: Brookings Health Systems Board recommends approval. Attachments: Ordinance City of Brookings Printed on 12/6/2017Page 1 of 1 powered by Legistar™ Ordinance 17-027 An Ordinance Amending Section 42-102 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to transfers to the Brookings Health System Investment Authority Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. Section 1. That Section 42-102 of the Code of Ordinances of the City of Brookings be amended in its entirety to read as follows: Section 42-102. Payment of warrants and transfers. All expenditures of the Brookings Health System shall be approved by the board of trustees, and warrants for payment of such expenditures shall be drawn on the Brookings Health System funds. All transfers of funds or revenues not needed for current operations derived from the operation of the Brookings Health System to the Brookings Health System Investment Authority shall be approved by the board of trustees, and such transfers shall be drawn on the Brookings Health System funds. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading:November 28, 2017 Second Reading:December 12, 2017 Published:December 15, 2017 CITY OF BROOKINGS, SD 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 17-028,Version:2 Second Reading and Action on Ordinance 17-028, an Ordinance amending Chapter 2, Article V, Division 4 pertaining to appointments to the Swiftel Center Advisory Board. Summary: Brookings County has approached the City of Brookings and inquired about a change in the appointment process for membership of the Swiftel Center Advisory Board. The current appointment process provides for two appointees by the County Board because of the County-owned County Resource Center (CRC) being attached to the Swiftel Center and an Intergovernmental Operating Agreement. Now that the City has acquired ownership of the CRC, the County Board does not believe this appointment process is still necessary. As such, attached is an Ordinance modifying the appointment process to delete the appointments made by the County and have them made by the City. One such appointment expires the end of 2017 and the second expires the end of 2018. It is recommended to have the City appoint the expiring 2017 member and let the expiring 2018 member continue to serve out the current term since that appointment pre-dates this amendment. Fiscal Impact: None Recommendation: Staff recommends approval. Attachments: Ordinance - clean copy Ordinance - marked copy City of Brookings Printed on 12/6/2017Page 1 of 1 powered by Legistar™ Ordinance 17-028 An Ordinance Amending Division 4 of Chapter 2 of the Ordinances of the City of Brookings and Pertaining to the Swiftel Center Advisory Committee Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. That Sections 2-180 through 2-187 of the Ordinances of the City of Brookings be amended to read as follows: Sec. 2-180. - Established. The city has established a Swiftel Center Advisory Committee to act in an advisory capacity to the city council concerning the Swiftel Center. Sec. 2-181. - Composition, appointment and initial terms. The Swiftel Center Advisory Committee shall be composed of seven members selected as follows: six persons shall be appointed by the mayor with advice and consent of the city council, one of whom shall be affiliated with South Dakota State University; and one person shall be appointed by the mayor with the advice and consent of the city council based upon the recommendation of the Brookings Area Chamber of Commerce Board of Directors. In addition, a member of the city council of the City of Brookings may be appointed as a non-voting liaison to the Swiftel Center Advisory Committee. Sec. 2-182. - Compensation; terms, vacancies. (a) All members shall serve for terms of three years without compensation. (b) If a member resigns or is disqualified prior to the end of their term, the mayor, with the advice and consent of the city council or Brookings Area Chamber of Commerce, as the case may be, shall appoint a new member to complete the resigning or disqualified member's term. (c) If a member is absent more than 50 percent of the meetings annually without authorization of the committee, they shall automatically be disqualified from serving on the committee and a replacement shall be appointed. Sec. 2-183. - Quorum, action. A majority of the members of the Swiftel Center Advisory Committee shall constitute a quorum, and all official action of the Swiftel Center Advisory Committee shall be approved by a majority of members of the Swiftel Center Advisory Committee. Sec. 2-184. - Meetings. The Swiftel Center Advisory Committee shall set and hold meetings at a time and place as designated by the Swiftel Center Advisory Committee. All meetings shall be open to the public and shall comply with City open meetings policies. Notice of all meetings shall comply with all State and City open meeting requirements and said notice shall not be less than 72 hours before a meeting. The chair may call for a special meeting or may cancel a meeting due to lack of business or quorum. Sec. 2-185. - Officers. The Swiftel Center Advisory Committee shall annually elect from its members a chairperson and vice-chairperson, each of whom shall hold their office respectively for one year and until their successors have been elected. Sec. 2-186. - Duties of the chairperson. The chairperson shall preside over all meetings and, as appropriate, make committee or special assignment appointments. The chairperson shall be kept advised of the general affairs of the Swiftel Center and monitor the implementation of resolutions and policies with appropriate procedures. The chairperson shall have the other usual powers and duties customarily vested in the office of chairperson and shall perform such duties as may be assigned by the committee. Sec. 2-187. - General authority. The committee shall act only in an advisory capacity to the city council, however it shall, in particular, advise the city concerning marketing, operational issues and management of the Swiftel Center, and in particular, shall advise and assist the city in the performance of contracts between the City of Brookings and the firm managing the Swiftel Center. Secs. 2-188-2-195. - Reserved. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading:November 28, 2017 Second Reading and Adoption:December 12, 2017 Published:December 15, 2017 CITY OF BROOKINGS, SD Keith W. Corbett, Mayor ATTEST: Shari Thornes, City Clerk Ordinance 17-028 An Ordinance Amending Division 4 of Chapter 2 of the Ordinances of the City of Brookings and Pertaining to the Swiftel Center Advisory Committee Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. That Sections 2-180 through 2-187 of the Ordinances of the City of Brookings be amended to read as follows: Sec. 2-180. - Established. The city has established a Swiftel Center Advisory Committee to act in an advisory capacity to the city council concerning the Swiftel Center. Sec. 2-181. - Composition, appointment and initial terms. The Swiftel Center Advisory Committee shall be composed of seven members selected as follows: six four persons shall be appointed by the mayor with advice and consent of the city council, one of whom shall be affiliated with South Dakota State University; two persons shall be appointed by the Brookings County Commission; and one person shall be appointed by the mayor with the advice and consent of the city council based upon the recommendation of the Brookings Area Chamber of Commerce Board of Directors. In addition, a member of the city council of the City of Brookings and the Brookings County Commission may each appoint a representative may be appointed as a non- voting liaison to the Swiftel Center Advisory Committee. Sec. 2-182. - Compensation; terms, vacancies. (a) All members shall serve for terms of three years without compensation. (b) If a member resigns or is disqualified prior to the end of their term, the mayor, with the advice and consent of the city council or the county commission or Brookings Area Chamber of Commerce, as the case may be, shall appoint a new member to complete the resigning or disqualified member's term. (c) If a member is absent more than 50 percent of the meetings annually without authorization of the committee, they shall automatically be disqualified from serving on the committee and a replacement shall be appointed. Sec. 2-183. - Quorum, action. A majority of the members of the Swiftel Center Advisory Committee shall constitute a quorum, and all official action of the Swiftel Center Advisory Committee shall be approved by a majority of members of the Swiftel Center Advisory Committee. Sec. 2-184. - Meetings. The Swiftel Center Advisory Committee shall set and hold meetings at a time and place as designated by the Swiftel Center Advisory Committee. Special meetings may be called at any time by the chairperson or by a majority of the Swiftel Center Advisory Committee by giving 24 hours advance notice to the public and other members of the Committee. Notice of a special meeting shall be given a minimum of 24 hours prior to meeting time, if possible, and shall state the reason for requesting the special meeting. Only business stated as the reason for calling a special meeting may be transacted. All meetings shall be open to the public and shall comply with City open meetings policies. Notice of all meetings shall comply with all State and City open meeting requirements and said notice shall not be less than 72 hours before a meeting. The chair may call for a special meeting or may cancel a meeting due to lack of business or quorum. Sec. 2-185. - Officers. The Swiftel Center Advisory Committee shall annually elect from its members a chairperson and vice-chairperson, each of whom shall hold their office respectively for one year and until their successors have been elected. Sec. 2-186. - Duties of the chairperson. The chairperson shall preside over all meetings and, as appropriate, make committee or special assignment appointments. The chairperson shall be kept advised of the general affairs of the Swiftel Center and monitor the implementation of resolutions and policies with appropriate procedures. The chairperson shall have the other usual powers and duties customarily vested in the office of chairperson and shall perform such duties as may be assigned by the committee. Sec. 2-187. - General authority. The committee shall act only in an advisory capacity to the city council, however it shall, in particular, advise the city concerning marketing, operational issues and management of the Swiftel Center, and in particular, shall advise and assist the city in the performance of contracts between the City of Brookings and County of Brookings, and between the City of Brookings and the firm managing the Swiftel Center and which concern the Swiftel Center. Secs. 2-188-2-195. - Reserved. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading:November 28, 2017 Second Reading and Adoption:December 12, 2017 Published:December 15, 2017 CITY OF BROOKINGS, SD 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 17-029,Version:2 Second Reading and Action on Ordinance 17-029, an Ordinance amending Chapter 22 of the Code of Ordinances of the City of Brookings and providing Procedures for the Licensing of Residential Contractors in the City of Brookings, SD. Summary: The City Engineering Department is initiating a Residential Contractor’s License requirement for contractors who perform residential construction in the Brookings City Limits and the Joint- Jurisdictional area. The attached Ordinance 17-029 amends Chapter 22 and describes the specific requirements of the program, which would go into effect in January 2018 if adopted. Background: Representatives of the Brookings Regional Builders Association approached City Engineering staff to discuss their support of a possible residential contractor license program. City staff researched the larger municipalities in South Dakota and found many of them had a contractors licensing program in place (see attached chart). City staff is in support of the residential contractor’s license, which will have a positive impact on the City’s ISO rating (Insurance Service Office) for insurance rates, it will ensure that all contractors working in the City and Joint Jurisdictional Area will have liability insurance and workers compensation insurance, and will create a line of communication between the City and local contractors. Staff and the City Attorney drafted a draft ordinance for contractor’s to review. The residential contractors who have had permits with the City of Brookings were invited to a contractor’s round table meeting which was held on Thursday, November 16, 2017, and a draft ordinance was included with the mailing. There was a good discussion about the program with City staff and 14 local residential contracting firms in attendance. Staff incorporated modifications and clarifications into the ordinance based on the comments from the contractors. The Residential Contractor’s License is summarized as follows: A Residential Contractor’s License is required for any residential builder contracting work performed in the City’s jurisdiction that also requires a building permit. This work includes, but is not limited to, concrete work, masonry, carpentry, all building trade contracting including roofing, remodeling, siding, rough framing; all phases of new construction, alteration, additions; and repair or demolition of structures. Contractors who perform work that does not require a building permit would not need a residential contractor’s license, such as sheet rock, painting, flooring, etc. The following are exempt from the licensing requirements: a.Employees of a person licensed in accordance with this chapter when they are under City of Brookings Printed on 12/7/2017Page 1 of 2 powered by Legistar™ File #:ORD 17-029,Version:2 the direction and control of a person or company who holds a residential Contractor’s license issued by the City. b.Persons engaged in the following construction trades: mechanical, plumbing, and electrical, when that person is performing work consistent with that building trade and applicable City or State license. c.A dwelling owner for work to be done on their property which he or she occupies as his or her own home, or will occupy as his or her own home, and when the property owner is acting as his or her own contractor. A dwelling owner may not build more than one (1) single family dwelling in a three (3) year period without obtaining a contractor’s license, unless they occupy the dwelling, a minimum of one (1) year after the final inspection is approved. d.A landlord for work to be done on his or her property when the landlord is acting as his or her own contractor. e.A residential developer for work to be done on their property when the residential developer has hired licensed contractors to complete all permitted work. Contractors will be required to supply Liability Insurance for a minimum amount of five hundred thousand dollars ($500,000) for each occurrence, worker’s compensation insurance on their employees if applicable, and proof of their South Dakota excise tax number. Staff is also proposing to provide a reference manual, titled: “DeWalt Residential Construction Codes” to all residential contractors applying for the license. The manual is a helpful guide for residential construction code requirements and provides an educational component for the program, and will be provided in the year that code changes are adopted. Staff will also perform educational meetings for the contractors, but the ordinance does not make the educational meetings mandatory. The attached Ordinance describes the specifics about the licensing program. Fiscal Impact: The Engineering Department will receive revenue from the license fees, which will offset education, reference materials, mailings, and staff time. Recommendation: Staff recommends approval. Attachments: Ordinance Comparison Chart City of Brookings Printed on 12/7/2017Page 2 of 2 powered by Legistar™ Ordinance 17-029 An Ordinance Amending Chapter 22 of the Ordinances of the City of Brookings and Providing Procedures for the Licensing of Residential Contractors in the City of Brookings. Be It Ordained by the City of Brookings that Chapter 22 of the Code of Ordinances of the City of Brookings be amended to include the following article: I. Article VIII. Residential Contractor’s License Section 22-520. – Definitions. The following words, terms and phrases, when used in this Article VIII, shall be defined, except where the context clearly indicates a different meaning, as follows: City: The City of Brookings, South Dakota. Employee:a person whose compensation for construction work is reported by the employer on an Internal Revenue Service W-2 Form, and who is also otherwise considered an employee under South Dakota law. Residential Building Contracting:the enlargement, alteration, repair, improvement, conversion or new construction of any 1 or 2 family dwelling, or any accessory structure associated with a 1 or 2 family dwelling. Residential Building Contractor:a sole proprietorship, partnership, firm, limited liability company or corporation which, for compensation, undertakes or offers to undertake residential building contracting. Section 22-521: License Required 1. It is unlawful for any person or persons representing or operating as a sole proprietorship, partnership, firm, limited liability company or corporation, to conduct, carry on or engage in the business of residential contracting work or acting in the capacity of a residential contractor without having first been issued a valid residential contractor’s license by the city. For the purposes of this section, any residential building contracting work performed within the licensing jurisdiction of the City that requires a building permit would also require a residential contractor’s license. This work includes, but is not limited to concrete work, masonry, carpentry, all building trade contracting including roofing, remodeling, siding, rough framing; all phases of new construction, alteration, additions; repair or demolition of structures; and excluding those activities exempted by the following section. 2. The following are exempt from the licensing requirements: a. Employees of a person licensed in accordance with this chapter when they are under the direction and control of a person or company who holds a residential contractor’s license issued by the City. b. Persons engaged in the following construction trades: mechanical, plumbing and electrical, when that person is performing work consistent with that building trade and applicable City or State license. c. A dwelling owner for work to be done on their property which they occupy as their own home or will occupy as his or her own home and when the property owner is acting as their own contractor. A dwelling owner may not build more than one (1) single family dwelling in a three (3) year period without obtaining a residential contractor’s license, unless they occupy the dwelling a minimum period of one (1) year after the final inspection is approved. d. A landlord for work to be done on the landlord’s property when the landlord is acting as their own contractor. e. A residential developer for work to be done on their property when the residential developer has hired licensed contractors to complete all permitted work. Section 22-522: License Application Procedure A residential contractor license shall be issued to every proprietorship, partnership, firm, limited liability company or corporation who makes application for the license, pays the required application fee and meets the requirements as stated in this chapter. The office of the City Clerk is authorized to issue a residential contractor’s license provided the provisions of this chapter are satisfied. The City Clerk may refer any licensing issues to the City Manager for review prior to approval or rejection. (a)Person or persons responsible for license. Each residential contractor license issued to a sole proprietorship, partnership, firm, limited liability company or corporation shall be the responsibility of the owner or manager of the sole proprietorship, partnership, firm, limited liability company or corporation. (b)License use restricted. No licensed residential building contractor shall knowingly allow their name to be used by any other person directly or indirectly, either to obtain a residential contractor license or to perform residential building contracting which is not conducted by the licensed residential contractor or under the supervision of the licensed residential contractor. (c)License term renewal. All licenses issued under the provisions of this chapter shall expire on December 31 of every year. (d)Liability Insurance. Liability insurance shall be required of every residential contractor. Every applicant for a residential contractor’s license shall present to the Building Services Administrator for their review a valid certificate of insurance at the time of application. It shall be the duty of every residential contractor to continually maintain valid liability insurance. The minimum required general liability insurance shall be Five Hundred Thousand Dollars ($500,000) for each occurrence. (e)Worker’s compensation insurance. In accordance with South Dakota State law, proof of worker’s compensation insurance shall be verified prior to issuance of a residential contractor’s license. (f)Proof of excise tax number. Applicants for a residential contractor’s license shall be required to supply their excise tax number. Section 22-523: Fees The initial fee, as well as the annual renewal fee for a residential contractor’s license shall be established by resolution of the City Council. All licenses shall be effective when issued and shall terminate December 31st in the year for which issued. The license fee charged shall be paid on the basis of a full year. However, if the license is not renewed prior to the expiration date and the contractor has a job in progress, the license fee will be double the fee established by resolution of the City Council. Section 22-524: Enforcement 1. Any person who commences any residential building work for which a permit is required by this code without first having obtained a license shall, if subsequently permitted to obtain a permit, pay an additional license fee as established by the City Council. This provision shall not, however, apply to emergency work when it is proven to the satisfaction of the City Clerk that the work was urgently necessary and that it was not practical to obtain a license before the commencement of the work. 2. The City of Brookings may suspend, revoke, refuse to issue or renew a license in the following events: a) In its discretion, it is in the public interest; and b) Based upon substantial evidence, the applicant or licensee: c) Has filed an application for a license that is incomplete in any material respect or contains false or misleading statements; or d) Has engaged in any fraudulent, deceptive or dishonest act or practice; or e) Has violated any applicable provisions of the building codes, city ordinances, rule or regulation or State law. f) Fails to file with the City the required certificates of insurance or hold a valid certificate of insurance. Section 22-525: Notice of Violation 1. The building official may suspend or revoke any license if obtained through nondisclosure, misstatement or misrepresentation of a material fact or if a licensee violates any of the provisions of this article. 2. Before a license may be suspended or revoked, the licensee shall receive notice in writing enumerating the charges against it and shall be entitled to a hearing by the Board of Appeals. 3. Should any licensee or applicant for a license under this chapter be aggrieved by the action of the building official, they may, within ten (10) days of the decision, appeal such decision by filing a written request for such appeal with the City Manager for review by the Board of Appeals. Upon review, the Board of Appeals may affirm, modify or reverse the action of the building official and may order for good cause the issuance of a license. The decision of the Board of Appeals shall be based upon the evidence produced at the hearing. A person whose license has been revoked shall not be permitted to apply until one year after the date of revocation. 4. A licensed contractor who is the subject of an investigation shall cooperate fully with the City in its investigations. Cooperation includes, but is not limited to: (a)Responding fully and promptly to questions; (b)Providing copies of records relative to the matter under investigation; and (c)Appearing at conferences or hearings as scheduled. Section 22-526 – 22-535: Reserved II. Any or all ordinances in conflict herewith are hereby repealed. First Reading:November 28, 2017 Second Reading and Adoption:December 12, 2017 Published:December 15, 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 17-030,Version:2 Second Reading and Action on Ordinance 17-030, an Ordinance authorizing Supplemental Appropriation #3 to the 2017 Budget. Summary: This ordinance will amend the 2017 Budget. Background: General Fund amendments include recognizing unanticipated grants and donations, purchases made with grant and donation revenue, adjustments due to change in personal, adjustments to reflect savings on various projects, and adjustments to line items for Aquatic Center expenditures and Ice arena utilities. 75% Sales and Use Tax amendments include recognizing receipt of STP grant funds, an increase of transfer in of TIF 6&7 Debt Service Fund revenue in repayment of City funds used for projects. In addition, the amendment includes the first payment of the PAC2 loan and authorization of spending funds transferred from the general fund in a previous amendment to be used to the Carnegie remodel. 3rd B Sales Tax amendment allows for funds to be spent to begin the remodel of the Community Resource Center purchased in 2017. Will be using existing cash for project. TIF #6 (Digester) and #7 (S. Main) Debt Service Fund amendments authorize transferring accumulated funds to 75% Sales and Use tax as repayment for funds used in the projects. In addition, it includes funds to be transferred from TIF #6 Digester Debt Service to Digester Capital project fund to complete payments of the project. Digester Capital Project fund amendment allows funds to pay the final costs of the project. Street Shop Capital project amendments allow closing of the fund and transferring remaining cash back to 75% Sales and Use Tax. Airport fund amendments recognize additional grant and reimbursed revenue in addition to adjusting expense for change in staff and Council approval to use $100,000 budgeted in 2018 for design to be completed in 2017 Fiscal Impact: · General Fund: Increase in revenue of $49,030 and decrease in expenditure of $53,909 · 75%Sales and use Tax: Increase in revenue of $1,326,505 and increase in expenditure of $144,546. ·3rd B Sales Tax - increase in expenditure of $20,000. ·TIF #6 Debt Service - Digester: Increase in expenditures $276,000 City of Brookings Printed on 12/6/2017Page 1 of 2 powered by Legistar™ File #:ORD 17-030,Version:2 ·TIF #7 Debt Service - S. Main - Increase in expenditures $40,000 ·Bel Digester Capital Project - Increase in revenue and expenditures of $76,000 ·Street Shop Capital Project - Increase in expenditures of $35,117 ·Airport: Increase in revenue $532,400, increase in expenses $109,610 Recommendation: Staff recommends approval. Attachments: Ordinance City of Brookings Printed on 12/6/2017Page 2 of 2 powered by Legistar™ Ordinance 17-030 An Ordinance Authorizing Supplemental Appropriation #3 to the 2017 Budget Be It Ordained by the City of Brookings, South Dakota: Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it becomes due. Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following budget adjustments to the 2017 budget: Change Increase General Fund (Decrease)Reason 101-421-4-334-09 Grants 21,650.00 Money received from BHS for 11 AED's for patrol vehicles 101-421-4-446-10 Donations 6,565.00 Safety Town received donation for new trailer 101-455-4-334-10 Grants 20,815.00 Money received from Larson grant Total Change in General Fund Revenues 49,030.00 General Fund Expenditures 101-418-5-422-03 Consulting/Engineering (80,000.00) Actual cost for comp plan less than budgeted 101-419-5-101-00 Regular Pay 4,000.00 Adjusted due to change in personnel 101-419-5-101-01 Temporary Pay (9,500.00) Adjusted due to change in personnel 101-419-5-421-00 Insurance (3,450.00) Adjusted due to change in personnel 101-419-5-425-02 Maintenance Motor Vehicles 2,500.00 Add topper and flashing lights to replacement pickup 101-419-5-427-01 Travel and Lodging 2,000.00 Send new employees to additional training 101-419-5-427-02 Registration & Training 1,000.00 Send new employees to additional training 101-419-5-920-00 Furniture & Equipment 4,005.00 To reflect actual cost of map conversion proj with BMU 101-419-5-930-00 Machinery & Auto Equipment 700.00 Adjust to actual expense of replacement pickup 101-421-5-856-21 Safety Town 4,300.00 To reflect cost of new safety town trailer 101-421-5-950-01 Other Capital 22,667.00 Money received from BHS for 11 AED's for patrol vehicles 101-449-5-426-15 Chemicals 32,000.00 To reflect the actual cost of chemicals with new system 101-449-5-911-00 Buildings & Structure (32,000.00) To reflect savings from the pool painting project 101-452-5-425-04 Maintenance Equipment 4,600.00 Unexpected repair for Tractor 101-452-5-999-47 Capital Special Projects (44,546.00) Move funds budgeted for Carnegie project to fund 213 101-453-5-426-03 General Supplies 5,000.00 Adjust for additional glycol 101-453-5-428-02 Electric & Water 20,000.00 To reflect the actual cost of utilities 101-453-5-428-03 Heat (8,000.00) To reflect the actual cost of utilities 101-455-5-367-01 Grant expense 20,815.00 To reflect Larson grant expenditures Total change in GF Expenditures (53,909.00) 75% Sales & Use Tax 213-000-4-334-02 STP Grant 1,051,388.00 To reflect receipt of Surface Transportation Grant funds 213-000-6-700-03 Transfer in TIF Rev 240,000.00 Transfer accumulated TIF 6 & 7 tax revenue 213-000-6-700-17 Transfer In 35,117.00 Transfer in from Street Shop project to close out fund Total Change in 75% Sales Tax Revenue 1,326,505.00 213-000-5-856-81 SDSU PACII 100,000.00 To record 2017 payment on loan 213-000-5-999-47 Special Projects 44,546.00 Carnegie funds transferred from 101 Total change in 75% tax Expenditures 144,546.00 3rd B Sales Tax 284-000-5-999-47 Special Project (CRC Remodel)20,000.00 To budget for remodel of County Resource Center purchased in 17 Total change in 3rd Penny Sales Tax Expenditures 20,000.00 TIF#6 Debt Service Digester 319-000-7-899-17 Transfer out Digester 76,000.00 Transfer accumulated funds to complete project 319-000-7-899-20 transfer Out 75% S&U 200,000.00 Transfer accumulated TIF revenue to repay funding from 213 Total change in TIF # 6 Expenditures 276,000.00 TIF#7 Debt Service S. Main 320-000-7-899-20 transfer Out 75% S&U 40,000.00 Transfer accumulated TIF revenue to repay funding from 213 Total change in TIF # 6 Expenditures 40,000.00 Bel Digester Capital Project TIF #6 522-000-6-700-00 Transfer in Debt Service 76,000.00 Transfer in funds to complete project Total Change in Revenue 76,000.00 522-000-5-422-03 Project Expense 76,000.00 Budget funds to complete project Total Change in Expenditure 76,000.00 Street Shop Capital Project Fund 530-000-7-899-05 Transfer out 35,117.00 Transfer out remaining funds back to 213 to close project fund Total Change in Expenditure 35,117.00 Airport Fund 606-000-4-334-09 Grants 146,260.00 Grant money received to close out projects 606-000-4-441-08 Reimbursed Expense 362,560.00 Reimbursement from FAA for Navaid project 606-000-4-848-12 Rentals 11,340.00 Reflect actual revenue 606-000-4-861-09 Miscellaneous 12,240.00 Reflect actual revenue Total Change in Revenue 532,400.00 606-000-5-123-00 Group Insurance 4,390.00 Change in airport staff 606-000-5-427-01 Travel & Lodging 1,500.00 Training for new staff 606-000-5-427-02 Registration & Training 1,000.00 Training for new staff 606-000-5-930-00 Machinery & Auto 2,720.00 Actual cost of cat purchase and paint striper 606-000-5-970-00 Runway Improvements 100,000.00 Council approved spending part of 2018 Bud on design in 2017 Total Change in Expenses 109,610.00 All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: November 28, 2017 Second Reading: December 12, 2017 Published: 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 17-112,Version:1 Public Hearing and Action on Resolution 17-112, a Resolution Levying Assessment for 2017 Assessment of the 2014-02STA, Main Avenue South and 26th Street South Reassessment. Summary: This Resolution will authorize 2014-02STA Assessment costs for Prairie Hills LLC, Brookings School District, City of Brookings, Christie Family Trust, and Taylor properties to be reassessed. Background: The Brookings City Council adopted Resolution of Necessity 05-14 on January 14, 2014 for the 2014 -02STA Main Avenue South and 26th Street South Assessment Project, and adopted Resolution 15- 096, Levying Assessment on September 22, 2015. The resolutions along with a Memorandum of Understanding between Oakwood Equity LLC outlined the payment criteria for the assessment. The City did not receive the second payment according to the payment criteria and proceeded to assess the outstanding balance to the remaining lots in Christie Springs Addition and Christie Heights Addition with the adoption of Resolution 17-034, a Resolution Levying Assessment for 2017 Assessment of the 2014-02STA, Main Avenue South and 26th Street South Reassessment on March 28, 2017. A local development team approached the City of Brookings with the intent to acquire the Christie Springs Addition and Christie Heights Addition and requested a financial restructuring of the assessment for these two additions. The Brookings City Council adopted Resolution 17-067, a Resolution Levying Assessment for 2017 Assessment of the 2014-02STA, Main Avenue South and 26th Street South Reassessment on July 11, 2017. The financial restructuring entailed levying $150,000 of the Christie Heights Addition assessment to Parcel 120001095002330 on the south side of 26th Street South, receiving $50,000 cash at the time of closing, and waiving $245,515.76 of which $10,371.27 was interest the City calculated on the period of time in which the second payment was not received according to the Memorandum of Understanding. Upon passage of Resolution 17-067, staff began the process of reviewing other properties subject to the assessment in an equitable effort. Staff calculated the equitable adjustment at 45.001% of the original assessment. Approval of Resolution 17-115 will provide a 45.001% reduction to all properties subject to the assessment. The final outstanding balance for each property has been adjusted to reflect any payments already received. Fiscal Impact: Approval of this Resolution will include shifting $605,014.58 from assessments to TIF #7. Recommendation: Staff recommends approval. City of Brookings Printed on 12/6/2017Page 1 of 2 powered by Legistar™ File #:RES 17-112,Version:1 Attachments: Resolution Notice of Levy Hearing Assessment Roll Filed 11-20-2017 Reassessment Properties Map Main Avenue Financial Calculations City of Brookings Printed on 12/6/2017Page 2 of 2 powered by Legistar™ Resolution 17-112 Levying Assessment for 2017 Assessment of the 2014-02STA Main Avenue South & 26th Street South Reassessment Whereas, the City Council has provided for the work completed under Project No. 2014- 02STA Main Avenue South & 26th Street South Project, now therefore, Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. The City Council adopted Resolution of Necessity No. 05-14 and has made all investigation which it deemed necessary and has found and determined that the amount which each lot or tract is benefited by the construction of the street improvement heretofore designated as Street Assessment Project 2014-02STA Main Avenue South & 26th Street South Project in the amount is the amount stated in the proposed assessment roll. 2. The City Council adopted Resolution 15-096 Levying Assessment for Project No. 2014-02STA Main Avenue South & 26th Street South Street Assessment Project and the requirements have not been met for parcel number 40970- 10950-022-00 located in the N1550’ of the NW1/4, Exc platted areas & Exc. the S640’ of the N1062’ of E246’ & Exc. S20’ of N422’ of E223’ & Exc. the W40’ of E223’ of S165’ of N402’, Section 2-T109N-R50W and parcel number 40970-10950-022-15 located in the W1/2 of the NW ¼ Exc. N1550’ & Exc. Platted areas, Section 2-T109N-R50W, as referenced on the 2014-02STA Assessment Roll approved by Resolution 15-096 on September 22, 2015. The assessment is therefore being amended and reassessed, and collected by the City in accordance with the procedure for Plan One in Section 9-43- 102, South Dakota Compiled Laws of 1967, as amended. 3. The City Council adopted Resolution 17-034 to levy the assessment for the 2017 Assessment of the 2014-02STA Main Avenue & 26th Street South Reassessment as referenced on the 2014-02STA Assessment Roll approved by Resolution 17-034 on March 28, 2017. 4. The City Council adopted Resolution 17-067 to levy the assessment for the 2017 Assessment of the 2014-02STA Main Avenue & 26th Street South Reassessment as referenced on the 2014-02STA Assessment Roll approved by Resolution 17-067 on July 11, 2017. 5. The 2014-02STA Main Avenue South & 26 th Street South Assessment and Reassessment thereof have been revised as shown on the Assessment Roll filed with the City Clerk’s Office on 11/20/17 and are hereby approved and the assessments set forth in the assessment roll are hereby levied against each and every lot, piece or parcel of land as described in the proposed assessment roll. The assessment roll has been modified to reflect prior payments and adjustments commensurate with Resolution 17-067 as adopted by the City Council. Assessments in the sum of $605,014.58 are set forth on the assessment roll, however these assessments will be removed from the assessment roll if there is no valid objection or other action preventing the reassessment and levy of the 2017 Assessment of the 2014- 02STA Main Avenue South & 26th Street South Reassessment as set forth herein. 6. The assessment shall be divided into ten (10) equal annual installments. 7. Such assessments, unless paid within thirty (30) days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Sections to SDCL 9-43-102, South Dakota Compiled Laws of 1967, as amended. 8. Interest of ten (10) percent per annum shall accrue on the unpaid balance of the assessment for a maximum of ten (10) years. 8. The revised assessment and collection procedures set forth herein replace the assessment payment procedures for Parcel 40970-10950-021-00 as set forth in Resolution 15-096 dated September 22, 2015. Passed and approved this 12th day of December, 2017. CITY OF BROOKINGS _________________________ Keith W. Corbett, Mayor ATTEST: ________________________ Shari Thornes, City Clerk Notice of Public Hearing on Adoption of Resolution Levying Assessment for 2017 Assessment of the 2014-02STA Main Avenue South & 26th Street South Reassessment NOTICE is hereby given that on Tuesday, December 12, 2017, at six o’clock P.M., the Brookings City Council will hold a Public Hearing in Chambers, Brookings City & County Government Center, 520 3rd Street, Brookings, on a Resolution Levying Assessment for 2017 Assessment of the 2014-02STA Main Avenue South & 26th Street South Reassessment in the City of Brookings for the following described properties: NE ¼ Exc. N. 40’ & SE ¼ Exc. Platted Area; Block 2, Christie Third Addition; and Christie Third Addition; all in Section 2-109-50, all in the City of Brookings, County of Brookings, State of South Dakota; Block 3, Christie Third Addition in S ½ NW ¼; NW ¼ of the SW ¼ Exc. Leibel Lot 1 of Christie Addition, & Exc. The N. 35’; and NE ¼ of the SW ¼ Inc. OL 1 & Exc. N. 35’ of E. 1309’; all in Section 2-109-50, all in the County of Brookings, State of South Dakota. At the time and place set for this Public Hearing, all who appear will be given an opportunity to express their views for or against the proposed Resolution as described above. Dated this 27th day of November, 2017. City Clerk City of Brookings, South Dakota Published ________ time(s) at an approximate cost of $______________. 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. 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 17-113,Version:1 Action on Resolution 17-113, a Resolution Amending the Fee Schedule of the City of Brookings, South Dakota (Residential Contractor’s License). Summary: This Resolution will amend the Fee Schedule to include the annual fee for the Residential Contractor’s License to accompany Ordinance 17-029 if adopted. Background: The City Engineering Department is initiating a Residential Contractor’s License Ordinance for contractors who perform residential construction in the Brookings City Limits and the Joint- Jurisdictional area. The proposed Ordinance 17-029 amends Chapter 22 and describes the specific requirements of the program, which would go into effect in January 2018 if adopted. Staff reviewed several South Dakota municipalities of similar population that had a residential contractor’s license program and their fees are as follows: Aberdeen:$150 initial fee with $100 renewal fee every 3 years Brandon:$100/year fee for license and $75 testing fee Pierre:$125/year fee Spearfish:$75/year fee Watertown:$60/year fee The City of Brookings is proposing a fee of $75.00 for the program. The fee is anticipated to cover staff time to implement the program, hold educational sessions and to purchase reference manuals, titled: “DeWalt Residential Construction Codes” (approximately 20 dollars) to provide to all residential contractors applying for the license. Fiscal Impact: The license fee will be collected as revenue in the Engineering Department to be used to offset the above costs. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 12/6/2017Page 1 of 1 powered by Legistar™ Resolution 17-113 A Resolution Amending the Fee Schedule of the City of Brookings, South Dakota (Residential Contractor’s License) 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. 17-029, to establish an annual license fee for the Residential Contractor’s License for the City of Brookings, South Dakota. Therefore, Be It Resolved, that the following permit fee be adopted: City Engineer’s Department Residential Contractor’s License:$75.00 annually Passed and approved on this 12th day of December, 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 #:ID 2017-0731,Version:1 Action on 2018 City Manager Compensation Package. Summary: The City Council will take action on City Manager Jeffrey Weldon’s compensation package for 2018. City of Brookings Printed on 12/6/2017Page 1 of 1 powered by Legistar™