HomeMy WebLinkAbout2016_01_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
Vision Statement: "We are an inclusive, diverse, connected community that fuels the creative class,
embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future
through dedication, generosity and authenticity. Bring your dreams!"
Council Chambers6:00 PMTuesday, January 12, 2016
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Consent Agenda:
Action: Motion to Approve, Request Public Comment, Roll Call
Matters appearing on the Consent Agenda are expected to be non-controversial and
will be acted upon by the Council at one time, without discussion, unless a member of
the Council or City Manager requests an opportunity to address any given item. Items
removed from the Consent Agenda will be discussed at the beginning of the formal
items. Approval by the Council of the Consent Agenda items means that the
recommendation of the City Manager is approved along with the terms and conditions
described in the agenda supporting documentation.
3.A. Action to approve the agenda.
3.B.ID 2016-0009 Action to approve the December 8 and December 15 City Council
Minutes.
12/08/2015 Minutes
12/15/2015 Minutes
Attachments:
3.C.RES 16-002 Action on Resolution 16-002, a Resolution directing preparation of
Assessment Roll, dividing Assessments into Installments, and providing
for the collection thereof for Sidewalk Assessment Project 2015-01SWR
(2015 Sidewalk Repairs).
Page 1 City of Brookings
January 12, 2016City Council Meeting Agenda
ResolutionAttachments:
3.D.ID 2016-0010 Action to appoint Affordable Housing Task Force members.
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.
5.C.ID 2016-0022 Dustin Kjelden, representative of Sterling Technologies, wishes to
approach City Council regarding concerns over the utility policies of
Brookings Municipal Utilities.
5.D.ID 2016-0018 Presentation of Mayoral Proclamation declaring January as National
Mentor Month in the City of Brookings.
6. Contracts/Change Orders:
6.A.RES 16-004 Action on Resolution 16-004, a Resolution authorizing the City Manager
to sign documents for Airport Consultant Selection for Airport
Improvements for 2016 through 2020.
ResolutionAttachments:
Action: Motion to Approve, Request Public Comment, Roll Call
6.B.RES 16-001 Action on Resolution 16-001, a Resolution authorizing Change Order
No. 5 (Final) for 2014-02STA, Main Avenue South and 26th Street
South Assessment Project; 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 16-001 Introduction and First Reading on Ordinance 16-001, an Ordinance
creating the Brookings Bicycle Advisory Committee for the City of
Brookings, South Dakota. Public Hearing: January 26, 2016.
Ordinance
Charter
Attachments:
Page 2 City of Brookings
January 12, 2016City Council Meeting Agenda
7.B.ORD 16-002 Introduction and First Reading on Ordinance 16-002, an Ordinance
creating an Urban Chicken Demonstration/Pilot Project and temporarily
amending Chapter 14 of the Code of Ordinances of the City of
Brookings, South Dakota to include provisions pertaining to the keeping
of chickens pursuant to a Pilot Project of Limited Duration in the City of
Brookings. Public Hearing: January 26, 2016.
Ordinance
Temporary Permit Application
Attachments:
8. Public Hearings and Second Readings:
8.A.ORD 15-024 Public Hearing and Action on Ordinance 15-024, an Ordinance
amending Chapter 26 of the Code of Ordinances of the City of
Brookings, South Dakota to include the regulation of Transportation
Network Companies in the City of Brookings.
Ordinance - revisedAttachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8.B.ID 2016-0003 Public Hearing and Action to consider a legal description change for
Liquor Operating Agreement Holder, Elks Lodge #1490, 516 4th Street,
Brookings, South Dakota, legal description: Lot 3, Block 2, First
Addition; legal description addition: Lots 3, 4, 5, 6 and 7, Block 2, First
Addition.
Public NoticeAttachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8.C.ID 2016-0006 Public Hearing and Action on a Temporary Alcohol License for the City
to host a Reception for Outgoing Council Member Scott Meyer on
January 27, 2016 at 311 3rd Street (Homestead Co-working Space).
Public NoticeAttachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9. Other Business:
9.A.RES 16-003 Action on Resolution 16-003, a Resolution calling for opt-out public vote
to the property tax limitation for purposes of financing the proposed
Brookings Community Recreation Center.
ResolutionAttachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.B.ID 2016-0017 Adoption of a Charter authorizing the Comprehensive Master Plan
Advisory Committee.
Charter
BEDC Letter
Attachments:
Page 3 City of Brookings
January 12, 2016City Council Meeting Agenda
Action: Motion to Approve, Request Public Comment, Roll Call
9.C.ID 2016-0007 Discussion with Applicants for City Council Appointment.
Edward J. Ballou
Arnold M. Brown
David M. Meyer
Douglas A. Smith
Attachments:
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:
Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member
Council Members Patty Bacon, Dan Hansen, Scott Meyer, Ope Niemeyer, Jael Thorpe
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.
Engage Brookings is an online tool where citizens can engage, communicate and collaborate with community
decision makers and other residents. Where these ideas overlap is the future of Brookings.
www.engagebrookings.org
Page 4 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2016-0009,Version:1
Action to approve the December 8 and December 15 City Council Minutes.
Attachments:
December 8 Minutes
December 15 Minutes
City of Brookings Printed on 1/6/2016Page 1 of 1
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Brookings City Council
December 8, 2015 (unapproved)
The Brookings City Council held a meeting on Tuesday, December 8, 2015 at 5:00
p.m., at City Hall with the following members present: Mayor Tim Reed, Council
Members Keith Corbett, Dan Hansen, Ope Niemeyer, Patty Bacon, Jael Thorpe, and
Scott Meyer. City Attorney Steve Britzman, City Manager Jeffrey Weldon and City Clerk
Shari Thornes were also present.
Executive Session. A motion was made by Council Member Meyer, seconded by
Council Member Hansen, to enter into executive session at 5:03 p.m. for the purpose of
discussing the qualifications, competence, performance, character or fitness of any
public officer or employee or prospective public officer or employee, with the City
Manager present. The motion carried by a unanimous vote. A motion was made by
Council Member Bacon, seconded by Council Member Corbett, to exit Executive
Session at 6:05 p.m. The motion carried by a unanimous vote.
Consent Agenda. Move item #6.C. Action on 2016 City Manager Compensation
Package to item 9.D. A motion was made by Council Member Hansen, seconded by
Council Member Meyer, to approve the Consent Agenda as amended. The motion
carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Meyer,
Thorpe, and Bacon.
3.A. Action to approve the agenda, as amended.
3.B. Action on Resolution 15-121, a Resolution approving Change Order No. 1
(Final) for 2015-03SSI, Division Avenue Drainage Improvement Project, Phase 2;
Timmons Construction, Inc.
Resolution 15-121 - Resolution authorizing Change Order No. 1 (Final) for 2015-03SSI,
Division Avenue Drainage Improvement Project; Timmons Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for 2015-
03SSI, Division Avenue Drainage Improvement Project:
Construction Change Order Number 1 (Final): Adjust plan quantities to as-constructed
quantities and for additional work to install seeding, fiber mulching, erosion control
blanket and a concrete headwall for the 18” CMP for a total decrease of $4,890.26 to
close out the project.
3.C. Action on Resolution 15-122, a Resolution declaring Parks & Forestry
equipment as surplus property.
Resolution 15-122 - Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings Parks and Forestry Department: One (1) 1994
John Deere Bunker Rake, Model 1200, Serial Number MO1200G912508; One (1) 1991
GMC 3500, Serial Number 1GDHC34K2ME521054; One (1) 1985 Jacobsen 548-100
Seeder, Serial Number 4500; One (1) 1992 Ford F150 4x4, Serial Number
1FTEX148NKA99918; One (1) 1996 Ford F150 4x4, Serial Number
1FTEF14N9TLB70134; One (1) 1978 GMC 6000, Serial Number TCE6180598215; One
(1) 1980s 18 inch Ryan Sod Cutter, Serial Number 105927; One (1) 1980s John Deere
Sweeper, Serial Number M00246C141156; One (1) 36ft x 7ft 4 inch Mobil Yard Ramp;
and Four (4) 60ft Musco Light Poles with electrical boxes and cross arms.
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.D. Action on Resolution 15-123, a Resolution declaring a 1997 SnoGo Snow
Blower as surplus property (Street Dept.).
Resolution 15-123 - Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings Street Department: One (1) 1997 SnoGo Snow
Blower, Model MP-3D, Serial Number 3686.
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.E. Action on Resolution 15-124, a Resolution declaring a 2009 John Deere 744K
Pay Loader as surplus property (Landfill/Solid Waste Dept.).
Resolution 15-124 - Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment
formerly used by the City of Brookings Landfill Department: One (1) 2009 John Deere
744K Pay Loader; Serial#DW744KX624747.
Whereas, in the best financial interest, it is the desire of the City of Brookings to sell
same as surplus property;
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.F. Action on Resolution 15-126, a Resolution declaring Fire Department
equipment as surplus property.
Resolution 15-126 - Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings Fire Department: One (1) 1992 Spartan Aerial
Truck, Model LA40S, VIN Number 4S7DT9J06PC006906.
Whereas, in the best financial interest, it is the desire of the City of Brookings to trade-in
same as surplus property towards the purchase of a 75 foot Quint Fire Apparatus (bid
was awarded on 1/13/2015); and
Whereas, the City Manager hereby authorized to trade-in 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.
Resolution 15-114. A motion was made by Council Member Corbett, seconded by
Council Member Niemeyer, that Resolution 15-114, a Resolution for the purchase of a
744K John Deere Loader off the State of Minnesota Bid, be approved. The motion
carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe,
Meyer, and Bacon.
Resolution 15-114 - Resolution to purchase a John Deere Loader
off of the State of Minnesota Governmental Bid
Whereas, the City of Brookings will purchase a John Deere 744K Loader off of the State
of Minnesota governmental bid held on April 16th, 2015; and
Whereas, the City of Brookings will purchase from RDO Equipment Company,
Burnsville, Minnesota the John Deere 744K in the amount of $322,753.00.
Now Therefore, Be It Resolved that the bid from RDO Equipment Company in the
amount of $322,753.00 be accepted.
Resolution 15-119. A motion was made by Council Member Meyer, seconded by
Council Member Hansen, that Resolution 15-119, a Resolution to purchase a new half-
ton crew cab pickup off the State of South Dakota vehicle bid, be approved. The motion
carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe,
Meyer, and Bacon.
Resolution 15-119 - Action to Purchase a new Half-Ton Crew Cab Pickup
off of another Governmental Agency Bid
Whereas, the City of Brookings Street Department requests action to purchase a new
half-ton crew cab pickup off the State of South Dakota vehicle bid.
Base price for the half-ton 4x4 crew cab short box pickup is $26,281.00. Selected
options total $3,718.00 bringing the total purchase price to $29,999.00.
This pickup will replace a 1989 Chevy S10 pickup. Delivery and payment will be made
after January 1, 2016.
Ordinance 15-021. An Amendment was made for Capital Project Fund TIF #6 Digester
in the amount of $350,000. A public hearing was held on Ordinance 15-021, an
Ordinance authorizing a Supplemental Appropriation to the 2015 Budget for the City of
Brookings, SD. A motion was made by Council Member Hansen, seconded by Council
Member Niemeyer, that Ordinance 15-021 be approved. The motion carried by the
following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
House Moving. A public hearing was held to move a two-story residential home from
2230 Rhonda Road to the property described as Lot 8 and the W ½ of Lot 9, Block 1,
Third Addition, also known as 103 5th Street. A motion was made by Council
Member Niemeyer, seconded by Council Member Hansen, that the house moving be
approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen,
Niemeyer, Thorpe, Meyer, and Bacon.
Ordinance 15-020. A public hearing was held on Ordinance 15-020, an Ordinance
amending the Zoning Ordinance of the City of Brookings and pertaining to an Animal
Hospital and Crematorium for the purposes of administration of the Zoning Ordinance. A
motion was made by Council Member Hansen, seconded by Council Member
Niemeyer, that Ordinance 15-020 be approved. The motion carried by the following
vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Ordinance 15-025. A public hearing was held on Ordinance 15-025, an Ordinance
amending Article II of Chapter 22 of the Code of Ordinances of the City of Brookings
and pertaining to the adoption of the 2015 International Building Code, the 2015
International Residential Code, the 2015 International Mechanical Code, the 2015
International Fire Code, and the 2015 International Existing Building Code with certain
amendments thereto. A motion was made by Council Member Hansen, seconded by
Council Member Corbett, that Ordinance 15-025 be approved. The motion carried by
the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and
Bacon.
Resolution 15-115. A public hearing was held on Resolution 15-115, a Resolution of
Intent to Lease Real Property to Private Person; Harrison Thompson. A motion was
made by Council Member Corbett, seconded by Council Member Meyer, that
Resolution 15-115 be approved. The motion carried by the following vote: Yes: 7 -
Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 15-115 - A Resolution of Intent to Lease Real Property
to Private Person; Harrison Thompson
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with Harrison Thompson for a period of
five (5) years, commencing on January 1, 2016 and ending December 31, 2020 and
pertaining to the following described property: 5,280 square feet on Lot 1, Block 3 at the
Brookings Regional Airport, in Section 26 and 27, T110N, R50W in the City of
Brookings, Brookings County, South Dakota.
The lease will be payable annually by the last day of January of each year and subject
to increases set by the Brookings City Council. The 2016 lease amount will be five
hundred eighty dollars and eighty cents ($580.80) payable January 31, 2016. The City
of Brookings may terminate this Lease with sixty days notice.
Be It Further Noted, that a Public Hearing on this Resolution was held on December 8,
2015 at 6:00 o’clock P.M. in the Chambers at the Brookings City and County
Government Center and that all persons were given an opportunity to be heard on the
intent to lease real property.
Resolution 15-116. A public hearing was held on Resolution 15-116, a Resolution of
Intent to Lease Real Property to Private Person; Robert Fite. A motion was made by
Council Member Hansen, seconded by Council Member Meyer, that Resolution 15-116
be approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen,
Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 15-116 - A Resolution of Intent to Lease Real Property
to Private Person; Robert Fite
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with Robert Fite for a period of five (5)
years, commencing on January 1, 2016 and ending December 31, 2020 and pertaining
to the following described property: 7,600 square feet on Lot 1, Block 5 at the Brookings
Regional Airport, in Section 26 and 27, T110N, R50W in the City of Brookings,
Brookings County, South Dakota.
The lease will be payable annually by the last day of January of each year and subject
to increases set by the Brookings City Council. The 2016 lease amount will be eight
hundred thirty six dollars and zero cents ($836.00) payable January 31, 2016. The City
of Brookings may terminate this Lease with sixty days notice.
Be It Further Noted, that a Public Hearing on this Resolution was held on December 8,
2015 at 6:00 o’clock P.M. in the Chambers at the Brookings City and County
Government Center and that all persons were given an opportunity to be heard on the
intent to lease real property.
Resolution 15-117. A public hearing was held on Resolution 15-117, a Resolution of
Intent to Lease Real Property to South Dakota State University. A motion was made by
Council Member Hansen, seconded by Council Member Niemeyer, that Resolution 15-
117 be approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett,
Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 15-117 - A Resolution of Intent to Lease Real Property
to South Dakota State University
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with South Dakota State University for a
period of five (5) years, commencing on January 1, 2016 and ending December 31,
2020 and pertaining to the following described property: 4,800 square feet on Lot Z,
Block 5 of Airport Hangar Addition Number One and a 540 square foot parcel on the
west side of Lot Z at the Brookings Regional Airport, in Section 26 and 27, T110N,
R50W in the City of Brookings, Brookings County, South Dakota.
The lease will be payable annually by the last day of January of each year and subject
to increases set by the Brookings City Council. The 2016 lease amount will be five
hundred eighty seven dollars and forty cents ($587.40) payable January 31, 2016. The
City of Brookings may terminate this Lease with sixty days notice.
Be It Further Noted, that a Public Hearing on this Resolution was held on December 8,
2015 at 6:00 o’clock P.M. in the Chambers at the Brookings City and County
Government Center and that all persons were given an opportunity to be heard on the
intent to lease real property.
Resolution 15-118. A public hearing was held on Resolution 15-118, a Resolution of
Intent to Lease Real Property; Advance. A motion was made by Council Member
Hansen, seconded by Council Member Meyer, that Resolution 15-118 be approved.
The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer,
Thorpe, Meyer, and Bacon.
Resolution 15-118 - A Resolution of Intent to Lease Real Property to Advance
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with Advance for a period of one(1) year,
commencing on January 1, 2016 and ending December 31, 2016 and pertaining to the
following described property: A 15,300 square foot parcel, designated as parking lot, at
the Brookings Regional Airport, in Section 26 and 27, T110N, R50W in the City of
Brookings, Brookings County, South Dakota.
The lease will be payable January 31, 2016 and subject to increases set by the
Brookings City Council. The 2016 lease amount will be one thousand six hundred eighty
three dollars and zero cents ($1,683.00) payable January 31, 2016. The City of
Brookings may terminate this Lease with sixty days notice.
Be It Further Noted, that a Public Hearing on this Resolution was held on December 8,
2015 at 6:00 o’clock P.M. in the Chambers at the Brookings City and County
Government Center and that all persons were given an opportunity to be heard on the
intent to lease real property.
Ordinance 15-022. A public hearing was held on Ordinance 15-022, an Ordinance
amending Chapter 14 of the Code of Ordinances of the City of Brookings, South Dakota
to include provisions pertaining to the keeping of chickens in the City of Brookings. A
motion was made by Council Member Bacon, seconded by Council Member Meyer, that
Ordinance 15-022 be approved. The motion failed by the following vote: Yes: 3 -
Thorpe, Meyer, and Bacon; No: 4 - Reed, Corbett, Hansen, and Niemeyer.
A motion was made by Council Member Meyer, seconded by Council Member
Bacon, to direct city staff to continue working with the Sustainability Council on how to
make urban agriculture supported in Brookings; looking at ordinances which should be
removed, added, or changed. The motion carried by the following vote: Yes: 7 - Reed,
Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Tabled Item: Transportation Traffic Analysis. A motion was made by Council
Member Niemeyer, seconded by Council Member Hansen, to remove Transportation
Traffic Analysis, Highway 14 (6th Street) from Main Avenue to Medary Avenue;
comparison of 3-lane and 5-lane design from the table. The motion carried by the
following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
A motion was made by Mayor Reed, seconded by Council Member Hansen, to amend
the main motion to include that the City Council accepts the Brookings Bike Advisory
Committee's report and will incorporate their recommendations into the 6th Street
Project. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen,
Niemeyer, Thorpe, Meyer, and Bacon.
A motion was made by Council Member Hansen, seconded by Council Member
Corbett, that the main motion, as amended, be approved. The motion carried by the
following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 15-120. A motion was made by Council Member Corbett, seconded by
Council Member Meyer, that Resolution 15-120, a Resolution Adopting Rules and
Regulations for the Conduct of Complaint Procedures of the Brookings Human Rights
Commission, be approved. The motion carried by the following vote: Yes: 7 - Reed,
Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 15-120 - Resolution Adopting Rules and Regulations for the Conduct of
Complaint Procedures of the Brookings Human Rights Commission
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, the City of Brookings adopts the attached Rules and Regulations for the
Conduct of Complaint Procedures of the Brookings Human Rights Commission;
Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota, that the City of Brookings adopts the attached Rules and Regulations for
the Conduct of Complaint Procedures of the Brookings Human Rights Commission.
Resolution 15-125. A motion was made by Council Member Niemeyer, seconded by
Council Member Corbett, that Resolution 15-125, a Resolution setting forth a Policy to
guide Capital Improvements, be approved. The motion carried by the following vote:
Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 15-125 - A Resolution Prescribing a Long-Range Capital
Investment Plan and Planning Process to Better Meet the Future
Capital Needs of the Community
Whereas, the City Council is committed to effective and efficient long-range planning as
a tool for the implementation of the community’s vision for growth, sustainability, and
entrepreneurship; and
Whereas, the City Council has identified an extensive list of potential capital
expenditures and projects designed to achieve the community’s vision; and
Whereas, the City has a past practice of annually adopting a five-year rolling Capital
Improvement Plan (CIP) designed to identify, prioritize, and finance capital expenditures
from various funds; and
Whereas, it has become evident the extensive list of potential capital expenditures and
projects requires more extensive financial planning than the previous CIP development
practices; and
Whereas, the City has enforced the collection of Second Penny Sales and Use Tax
Revenues in the City which are dedicated to capitalized investment with 75 percent of
said revenue stream dedicated to non- public safety capital improvements, which has
proven to be an effective means of financing capital improvements necessary for
community improvements (Public Improvement Fund).
Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South
Dakota that;
(1) The Capital Improvement Plan (CIP) be continued using a five-year rolling schedule
to identify capital expenditures; but limit the contents of the CIP for the repair,
replacement, acquisition of vehicles and equipment, existing buildings and structures,
and routine preventative maintenance to infrastructure.
Be It Further Resolved that:
(2) The City adopt a Community Reinvestment Plan (CRP) using a ten-year rolling
schedule to identify capital expenditures that constitute a strategic effort to guide proper
investments utilizing the Public Improvement Fund. The CRP shall include new or major
expansions to existing facilities including but not limited to buildings and grounds for
future public facilities, property for future development use, right-of-way, public open
space or parkland; and new infrastructure projects such as roads, streets, bridges,
utilities, or parking lots.
Be It Further Resolved that:
(3) The CIP and CRP shall be updated annually as part of the budget approval process
and is intended to be a strategic investment guide for future City Council decisions. As
such, both planning documents shall remain flexible to changing conditions,
circumstances, and community expectations.
Be It Further Resolved that:
(4) The 2017-2026 CRP shall plan for the asset allocation from the Public Improvement
Fund of investment in the following general areas:
a.$6 million for the SDSU Performing Arts Center from 2017-2027.
b.$5.6 million for the Brookings Recreation Community Center for 2017-2021. Other
funding from for this facility will be from a voter-approved referendum not to
exceed $15 million and additional funding from donations and sponsorships.
c.$750,000 for the Brookings Hospital Expansion from 2017-2027.
d.$11 million from 2017-2026 for major street repair and overlayments. (This item is
part of the CIP. It is in shown in the CRP to reserve funds over the 10 years to
maintain quality of our roads)
e.$11 million from 2017-2026 for new street construction (West 20th Street South,
Western Avenue), 6th Street Gateway Enhancements, airport crosswind runway /
taxiway improvements, and East 20th Street South overpass/interchange.
f.$5 million for Swiftel Center between 2017-2026 for general building upgrades and
improvements to conference/meeting space.
g.$5 million for upgrades, enhancements to park facilities from 2021-2026 including
ball field complexes, trail extensions, and new parks.
City Council Vacancy Process. Council Member Meyer announced that February 9,
2016 would be his last City Council meeting and that he would be vacating his seat 63
days prior to the April 12 Election, thereby allowing someone to run for his vacated two-
year term. A motion was made by Council Member Meyer, seconded by Council
Member Corbett, to officially submit for Council acceptance his formal resignation,
effective February 10, 2016. The motion carried by the following vote: Yes: 7 - Reed,
Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Mayor Reed said the City Council is required to appoint someone to the Council for the
period from February 10 to April 30. A motion was made by Mayor Reed, seconded by
Council Member Corbett, to adopt the following process: 12/8/2015 Action to approve
schedule/process; 12/10/2015 Press Release advertising vacated council seat, effective
2/10/2015-6/1/2016; 1/5/2016 deadline for applications; 1/12/2016 applicants provide
comments to the City Council during open meeting; 1/26/2016 Action to appoint Council
Member, effective 2/10/2016; 2/9/2016 Council Member Meyer's last council meeting;
and 2/10/2016 newly appointed Council Member is sworn in and takes Oath of Office.
The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer,
Thorpe, Meyer, and Bacon.
2016 City Manager Compensation Package. A motion was made by Council Member
Hansen, seconded by Council Member Meyer, that the 2016 City Manager
Compensation Package of (2.75%, increase of $4,057.96, for a total salary of
$151,620.50), be approved. The motion carried by the following vote: Yes: 7 - Reed,
Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Introduction of topics for Future Discussion.
A motion was made by Council Member Bacon, seconded by Council Member Thorpe,
asking staff to prepare a policy for a demonstration pilot project issuing temporary
permits to test out backyard chickens. A friendly amendment was made by Mayor Reed
to direct staff to work with the Sustainability Council to develop a process and staff will
determine legal requirements. The motion carried by the following vote: Yes: 7 - Reed,
Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Adjourn. A motion was made by Council Member Hansen, seconded by Council
Member Corbett, to adjourn the meeting at 9:54 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
Brookings City Council
December 15, 2015 (unapproved)
The Brookings City Council held a meeting on Tuesday, December 15, 2015 at 6:00
p.m., at City Hall with the following members present: Mayor Tim Reed, Council
Members Keith Corbett, Dan Hansen, Ope Niemeyer, Patty Bacon, Jael Thorpe, and
Scott Meyer. City Attorney Steve Britzman, City Manager Jeffrey Weldon and City Clerk
Shari Thornes were also present.
Consent Agenda. Introduction of Dan Brettschneider, new Parks, Recreation &
Forestry Director, was added to the agenda. A motion was made by Council Member
Hansen, seconded by Council Member Meyer, to approve the Consent Agenda as
amended. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen,
Niemeyer, Meyer, Thorpe, and Bacon.
3.A. Action to approve the agenda, as amended.
3.B. Action to approve the November 10, November 17, and November 24 City
Council Minutes.
3.C. Action on various appointments to City Board, Committee, and
Commissions: Board of Adjustment: appoint Lynn James Mennis, appoint Eric
Youmans as 1st Alternate, appoint George Houtman as 2nd Alternate (term 1/1/2016-
1/1/2019); Board of Appeals: reappoint Spence Hawley, appoint Paul Sahr (terms
1/1/2016-1/1/2019); Brookings Committee for People who have Disabilities: reappoint
Sylvia Buboltz (term 1/1/2016-1/1/2019); Brookings Health System Board of Trustees:
reappoint Justin Sell, reappoint Dick Peterson, reappoint Dr. Andrew Ellsworth (Medical
Staff Appointment) (terms 1/1/2016-1/1/2019); Business Improvement District #1 Board:
reappoint Tom Richter, reappoint Jennifer Johnson (terms 1/1/2016-1/1/2019); Historic
Preservation Commission: appoint Virginia James (term 1/1/2016-1/1/2019); Human
Rights Commission: reappoint Penny Hauffe, appoint Laura Renee Chandler (terms
1/1/2016-1/1/2019); Library Board: appoint Deb Waltman (term 1/1/2016-1/1/2019);
Planning Commission: appoint Alan Johnson, appoint Sara Lum, appoint Tanner Aiken
(terms 12/31/2015-12/31/2020); Sustainability Council: reappoint Paul Peterson,
reappoint Norma Nusz Chandler, reappoint Benjamin Kleinjan, reappoint Alvaro Garcia,
reappoint Stephanie Aure (terms 1/1/2016-1/1/2019); Swiftel Center Advisory
Committee: reappoint Rod Schaefer (term 1/1/2016-1/1/2019); Traffic Safety
Committee: reappoint Gregg Jorgenson, reappoint Shayn Damm, reappoint Matt
Bartley, reappoint Skip Webster (terms 12/31/2015-12/31/2018).
3.D. Action to approve Volunteer Listing for Work Comp Coverage. Volunteers for
the City of Brookings for 2015 were recognized and it is the intent of the City Council to
cover these volunteers for work comp purposes. The list is on file at the City of
Brookings City Clerk’s Office.
3.E. Action on Resolution 15-128, a Resolution authorizing Change Order No. 1
(Final) for 2015-08STI Street Maintenance and Overlay Project; Bowes
Construction, Inc.
Resolution 15-128 - Resolution Authorizing Change Order No. 1, Final,
for 2015-08STI Street Maintenance and Overlay Project; Bowes Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for
2015-08STI, Street Maintenance and Overlay Project:
Construction Change Order Number 1 (Final): Adjust plan quantities to as-constructed
quantities and for additional work to construct an airport taxilane for a total decrease of
$78,951.29 and extend the contract substantial completion date by 1.25 working days to
close out the project.
Introduction. Dan Brettschneider was introduced as the new Parks, Recreation and
Forestry Dept. Director.
Resolution 15-127. A motion was made by Council Member Niemeyer, seconded by
Council Member Corbett, that Resolution 15-127, a Resolution awarding a Contract for
Purchase of One New Snow Blower for the Street Department, be approved. The
motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer,
Thorpe, Meyer, and Bacon.
Resolution 15-127 - Resolution Awarding a Contract for Purchase of
One New Snow Blower for the Street Department
Whereas, the City of Brookings has sought and received the following quote for One
New Sno-Go MP Series Snow Blower from Sanitation Products, Inc. through the
National Joint Powers Alliance:
The contract price for the Snow Blower will be $127,331.00. Selected options total
$14,920.00 bringing the total purchase price to $142,251.00; and
Whereas, this Snow Blower will replace a 1997 Sno Go Snow Blower with delivery and
payment made after January 1, 2016; and
Whereas, the capital budget for the expenditure of one Snow Blower is $138,000.00.
Now Therefore, Be It Resolved that the contract from Sanitation Products, Inc. in the
amount of $142,251.00 be accepted.
First Reading – Ordinance 15-024. Introduction and First Reading on Ordinance 15-
024, an Ordinance amending Chapter 26 of the Code of Ordinances of the City of
Brookings, South Dakota to include the regulation of Transportation Network
Companies in the City of Brookings. Public Hearing: January 12, 2016.
On-Off Sale Malt Transfer. A public hearing was held on the transfer of an On-Off-
Sale Malt License from Mark Thompson, owner, MN, LLC, dba Via Italia, to The Dixie,
Laura Dixon and LeeAnn Julius, owners, 1300 Main Ave. So., Brookings, South Dakota,
legal description: Lot 1 excluding S 92' of W 40', Block 3, Fishback Second Addition. A
motion was made by Council Member Corbett, seconded by Council Member
Hansen, that the transfer be approved. The motion carried by the following vote: Yes: 7
- Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 15-129. A public hearing was held on Resolution 15-129, a Resolution
authorizing the City Manager to enter into an Operating Agreement for an On-Off-Sale
Wine License for The Dixie, Laura Dixon and LeeAnn Julius, owners, 1300 Main Ave.
So., Brookings, South Dakota, legal description: Lot 1 excluding S 92' of W 40', Block 3,
Fishback Second Addition. A motion was made by Council Member Bacon, seconded
by Council Member Hansen, that Resolution 15-129 be approved. The motion carried
by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and
Bacon.
Resolution 15-129 - The Dixie On-Off Sale Wine Operating Agreement
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Agreement for the Operating Liquor Management Agreement for
Wine between the City of Brookings and The Dixie, Laura Dixon and LeeAnn Julius,
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 1300 Main Ave. So.
Be It Further Resolved that the City Manager be authorized to execute the Agreement
on behalf of the City, which shall be for a period of five (5) years and renewal for
another five (5) years.
Request for Proposal. A motion was made by Council Member Hansen, seconded by
Council Member Niemeyer, to accept the proposal from Bowes Construction Inc. to
purchase Lot 2, Block 1, of the Foster Addition and direct staff to negotiate a purchase
agreement detailing the terms and conditions of the land sale with Bowes Construction,
Inc. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen,
Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 15-130. A motion was made by Council Member Meyer, seconded by
Council Member Bacon, that Resolution 15-130, a Resolution providing for the
Advancement of a Comprehensive Public Art Appreciation and Public Displays
Program, be approved with the following amendment: delete under Item C “to create a
public art task force of persons.” The motion carried by the following vote: Yes: 7 -
Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 15-130 - A Resolution Providing for the Advancement of a
Comprehensive Public Art Appreciation and Public Displays Program
Whereas, public art and design enhances the build environment of a city, enriches the
lives of its citizens, and improves the value of our public spaces and buildings; and
Whereas, the presence of public art encourages the careers of local professional artists
and provides possible opportunities for their employment and career advancement; and
Whereas, the vision of the Brookings City Council is to support the Creative Class,
knowing a creative workforce is important for economic growth and a vibrant
community; and
Whereas, art can be more fully appreciated if it is publicly displayed as opposed to
confined to the internal premises of galleries and museums; and
Whereas, a dedicated funding source for an established program of public art enhances
the reputation of a city and serves as a vehicle for attractive new businesses and talent
to all sectors of a community.
Now, Therefore, Be It Resolved that:
A)An ordinance be prepared establishing a dedicated public art fund for the
purposes of financing the design, purchase, installation, acquisition, and
maintenance of public art for the City of Brookings; and that such fund shall
receive an annual appropriation of one percent (1%) of capital expenditures from
each revenue fund that finances capital expenditures. The fund may be
supplemented with donations and shall retain unencumbered cash from one
budget year to the next.
B)As part of the annual budget preparation process, the City Manager is directed to
provide for such appropriation commensurate with the budgeted capital
expenditures; and may recommend certain expenditures be exempt from the one
percent calculation for justifiable reasons. Capital expenditures shall include
equipment, infrastructure, construction projects, and real estate that are either
new acquisition or replacement/enhancement of existing capital items.
C)The City Council forms a Public Art Policy Task Force charged with
recommending policies and guidelines for the advancement of public art
throughout the community, and expenditures of designated funds. The City
Council shall have final approval on said policies, guidelines, and expenditures.
Public Arts Policy Task Force Members. A motion was made by Council Member
Bacon, seconded by Council Member Hansen, to appoint Brookings Public Arts Policy
Task Force members: Lynn Verschoor, Director of the SD Art Museum; Jamison Lamp,
President of the Brookings Arts Council (BAC); Ryan Murphy, Architect at JLG
Architects; Scott Meyer, City Council member; and Tim Steele, Director of SDSU School
of Design. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen,
Niemeyer, Thorpe, Meyer, and Bacon.
Introduction of topics for Future Discussion.
A motion was made by Council Member Meyer, seconded by Council Member
Corbett, to request staff create an ordinance to codify the current Bike Committee.
The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer,
Thorpe, Meyer, and Bacon.
A motion was made by Council Member Thorpe, seconded by Council Member
Hansen, to direct staff to research funding models for a comprehensive master planning
process, and to add to our next regular meeting agenda approval of a Master Plan
Steering Committee Charter. The motion carried by the following vote: Yes: 7 - Reed,
Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Adjourn. A motion was made by Council Member Bacon, seconded by Council Member
Hansen, to adjourn the meeting at 6:40 p.m. The motion carried by a unanimous vote.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 16-002,Version:1
Action on Resolution 16-002, a Resolution directing preparation of Assessment Roll, dividing
Assessments into Installments, and providing for the collection thereof for Sidewalk Assessment
Project 2015-01SWR (2015 Sidewalk Repairs).
Summary:
This resolution will authorize the City to prepare the Assessment Roll for 2015-01SWR; 2015
Sidewalk Repairs.
Background:
This project was the annual concrete project and entailed construction of miscellaneous concrete
work including curb and gutter repair, fillets, valley gutters, curb ramps, pavement replacement on
Railroad Street and homeowner trip hazard sidewalks. The project was completed and the final
Change Order was approved. The City is proceeding with the assessment process to bill the
property owners for their sidewalk construction costs. Resolution 15-074, adopted on July 14, 2015,
authorized the Sidewalk Assessment Project for the trip hazard sidewalks. The assessment cost for
each landowner is calculated by using their specific sidewalk cost plus a 6% fee for engineering and
administration. This resolution directs the preparation of the Assessment Roll for the sidewalk
repairs in the 2015-01SWR Project. There will be two upcoming resolutions; one to set the hearing
date and one to levy the sidewalk assessment.
Fiscal Impact:
The city will collect the sidewalk assessment costs for the trip hazard repairs.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 16-002
Resolution Directing Preparation of Assessment Roll, Dividing Assessments into
Installments, and Providing for the Collection Thereof for Sidewalk Assessment
Project 2015-01SWR (2015 Sidewalk Repairs)
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. More than twenty days have elapsed since the adoption and publication of
Resolution 15-074, Resolution Determining the Necessity of Repairing or
Installing Sidewalks for Sidewalk Assessment Project No. 2015-01SWR. The
referendum has not been invoked, and no written protests against the making of
said improvement have been filed with the City Manager.
2. A contract for Sidewalk Assessment Project No. 2015-01SWR has been duly
executed, and the City Council is authorized to levy special assessments
pursuant to the provisions of chapter 9-43, SDCL 1967, as amended.
3. The City Engineer has caused an estimate of the expense of the work to be
made and filed in City Hall showing the total cost of said improvement as follows:
Contract price $181,702.36
Engineering, inspection, fiscal,
legal expense, publication $ 525.04
Total Expense $182,227.40
4. The total cost of said improvement shall be paid as follows:
City Repair Costs $172,951.65
Assessable costs $ 8,750.71
5. There shall be made and filed in the office of the City Clerk an Assessment Roll
for said improvement. The assessments shall be on the basis of benefits upon
each lot or tract of land contiguous to the sidewalk constituting said
improvement.
6. The assessment shall be divided into five (5) equal annual installments for all
amounts over $300.00. For amounts of $300.00 or less, the entire assessment
shall be due.
7. Unless paid to the City in advance of maturity, the assessments shall be
collected by the City Manager in accordance with the procedure for Plan One in
Chapter 9-43, SDCL 1967, as amended.
8. The interest rate to be borne by the unpaid installments of the special
assessment is ten percent (10%).
Passed and approved this 12th day of January, 2016.
CITY OF BROOKINGS
___________________________
Tim Reed, 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 2016-0010,Version:1
Action to appoint Affordable Housing Task Force members.
Summary:
Council action is requested to appoint the following individuals to the Affordable Housing Task Force.
All have been asked and agreed to serve.
Affordable Housing Task Force Members:
1.Patty Bacon, City Council
2.Jacob Mills (development)
3.Kelan Bludorn (realtor)
4.Mary Jo Minor (development/rentals)
5.Ryan Krogman (realtor)
6.Connie Bridges (mortgage lender)
7.Mike Lockrem (sustainability council)
8.Al Heuton (economic development)
9.Angie Boersma (architect)
The role of the Brookings Affordable Housing Task Force (BAHTF) is to advise the City Council, City
Manager, and City Boards on housing-related issues; help advance the creation and availability of
affordable housing for middle and low income residents of Brookings; and deliver proposals to the
City Council on potential incentives for the creation of affordably priced single family dwellings and
affordable rental units for middle income residents of Brookings.
The BAHTF will meet monthly on a day and time determined by the committee. The BAHTF shall be
comprised of seven - nine (7-9) individuals from the following areas of expertise:
·City Council (chair)
·Non-profit housing developers
·For-profit developers specializing in subsidized rental units
·For-profit developers who specialize in single family dwellings
·Realtor
·Local mortgage lender
·Zoning
·Architect/Planning
·Community & Economic Development
·Sustainability Council member
Objectives:
1)Adopt an agreed-upon definition of “affordable” to be used as a mainstay for the Task Force’s
work around owner-occupied and rental housing.
2)Evaluate the affordable housing needs at all levels by developing an understanding of the
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File #:ID 2016-0010,Version:1
community’s housing situation with a global focus on workforce housing, first time home buyers, low
and moderate income individuals & families, veterans, disabled, and elderly for owner-occupied and
rental housing.
3)Investigate the various tools, policies, procedures, means, and methods that could be
employed by the City of Brookings to alleviate the challenges of affordable housing including but not
limited to modified zoning policies, higher density incentives, public/private partnerships and the
utilization of affordable housing trust funds.
4)Develop a comprehensive plan to address the housing affordability challenges of the
community.
5)Make a recommendation to the City Council based on (4) for governing body action by
submitting a final report which may include draft resolutions or ordinances for subsequent action.
Recommendation:
Staff recommends approval.
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2016-0022,Version:1
Dustin Kjelden, representative of Sterling Technologies, wishes to approach City Council regarding
concerns over the utility policies of Brookings Municipal Utilities.
City of Brookings Printed on 1/7/2016Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2016-0018,Version:1
Presentation of Mayoral Proclamation declaring January as National Mentor Month in the City of
Brookings.
City of Brookings Printed on 1/7/2016Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 16-004,Version:1
Action on Resolution 16-004, a Resolution authorizing the City Manager to sign documents for Airport
Consultant Selection for Airport Improvements for 2016 through 2020.
Summary:
This resolution will authorize the City Manager to sign documents for Airport Consultant Selection for
Airport Improvements for 2016 through 2020.
Background:
The South Dakota Department of Transportation (SDDOT) requires airport consultant selection to be
performed approximately every five years. A Request for Proposal was published for Engineering
Services for the following projects listed on the Airport CIP for a period of up to maximum of five
years from 2016 through 2020:
·Purchase Braking Meter
·Design of Runway 17/35 Reconstruction (Approx. 1,700’ X 60’)
·Reconstruct Runway 17/35 (Approx. 1,700’ X 60’)
·Design Parallel Taxiway to Runway 35 End (Approx. 1,700’ X 60’)
·Construct Parallel Taxiway to Runway 35 End (Approx. 1,700’ X 60’)
The City only received one proposal, which was from Helms and Associates. Helms and Associates
has experience and knowledge of the Brookings Regional Airport projects and the projects have
been successful. The upcoming projects are anticipated to be funded with 95% federal and state
grants with a 5% local City match.
Fiscal Impact:
The City anticipates receiving 95% federal and state grants for the upcoming airport projects.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 16-004
Resolution Authorizing the City Manager to Sign Documents for Airport
Consultant Selection for Airport Improvements for 2016 through 2020
Whereas, the Brookings City Council desires South Dakota Department of
Transportation and Federal Aviation Administration assistance with the Brookings
Regional Airport Improvement Projects for 2016 through 2020; and
Whereas, the City of Brookings desires professional services with Helms and
Associates for the Brookings Regional Airport Improvement Projects for 2016 through
2020 including purchasing a braking meter, design of Runway 17/35 reconstruction,
reconstruct Runway 17/35, design of Parallel Taxiway to Runway 35 End and construct
Parallel Taxiway to Runway 35 End.
Now, Therefore Be It Resolved that the City Manager of the City of Brookings is
authorized to sign the Agreement and other related documents for Airport Consultant
Selection for Brookings Regional Airport Improvement Projects for 2016 through 2020.
Dated this 12th day of January, 2016.
CITY OF BROOKINGS
_________________________
Tim Reed, 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 16-001,Version:1
Action on Resolution 16-001, a Resolution authorizing Change Order No. 5 (Final) for 2014-02STA,
Main Avenue South and 26th Street South Assessment Project; Bowes Construction, Inc.
Summary:
This resolution will approve Change Order No. 5 (Final) for an increase of $126,086.45 to the
contract for the 2014-02STA, Main Avenue South and 26th Street South Assessment Project.
Background:
The Main Avenue South and 26th Street South was designed by Banner Associates and Civil Design
Inc. of Brookings and included street construction, underground utilities, sanitary sewer lift station,
bike trail and sidewalk. The project has been completed and is ready to be closed out.
This Change Order pertains to adjusting plan quantities to as-constructed final quantities including
extra work to construct a concrete bike trail bridge on the south end of the project, additional valley
gutter, tree removal and ditch excavation for a total increase of $126,086.45 to close out the project.
The engineering consultants reimbursed the City for $19,910.23, which was their share of the
concrete bike trail bridge construction. The final costs in this Change Order were adjusted in the
Budget Amendment adopted with Ordinance 15-021 and no additional changes to the project budget
are needed.
The project summary is as follows for the total of Schedule A and Schedule B:
Original Contract Price:$3,645,378.46
Increase from Previously Approved Change Orders (1-4):$ 174,914.15
Contract Price Prior to this Change Order:$3,820,292.61
Increase of this Change Order (No. 5 Final):$ 126,086.45
Contract Price incorporating this Change Order:$3,946,379.06
Fiscal Impact:
This change order will increase the contract by $126,086.45 to close out the project.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 16-001
Resolution Authorizing Change Order No. 5 (Final) for
2014-02STI, Main Avenue South and 26th Street South Assessment Project;
Bowes Construction Inc.
Be It Resolved by the City Council that the following change order be allowed for 2014-
02STI, Main Avenue South and 26th Street South Assessment Project:
Construction Change Order Number 5 (Final):
Schedule A & B: Adjust from plan quantities to as-constructed quantities and for
additional work to construct a concrete bike trail bridge, additional valley gutter, tree
removal and ditch excavation for a total increase of $126,086.45 to the contract to close
out the project.
Passed and approved this 12th day of January, 2016.
CITY OF BROOKINGS
________________________________
Tim Reed, 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 16-001,Version:1
Introduction and First Reading on Ordinance 16-001, an Ordinance creating the Brookings Bicycle
Advisory Committee for the City of Brookings, South Dakota. Public Hearing: January 26, 2016.
Summary:
On December 15, 2015, the City Council directed staff to prepare an enabling Ordinance to formally
create the Brookings Bicycle Advisory Committee as an official city committee with members and
designated terms. The City Council previously adopted the enclosed Charter at their September 8,
2015 Meeting.
Attachments:
Ordinance
Charter
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Ordinance 16-001
An Ordinance Creating the Brookings Bicycle Advisory Committee
for the City of Brookings, South Dakota
Be It Ordained and Enacted by the City Council of the City of Brookings, State of South
Dakota, as follows:
I.
Creation/Name.
There is hereby created the Brookings Bicycle Advisory Committee (BBAC) for the City
of Brookings.
Purpose.
The role of the Brookings Bicycle Advisory Committee (BBAC) 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.
Manner of Appointment, Composition, Terms, Compensation.
a) Members of the Brookings Bicycle Advisory Committee (BBAC) will be appointed by
the Mayor, with the advice and consent of the City Council, for three-year terms that
commence in January. Members may be appointed for additional three-year terms.
The initial terms of office shall be staggered in 1, 2 and 3 year increments. Any
members whose term expires may be reappointed.
b) The Brookings Bicycle Advisory Committee (BBAC) shall consist of nine (9) or more
members who are representative of, but not limited to, Local Biking Organizations,
Citizens-at-large, Brookings School District faculty, staff, and students, SDSU
Student Senate and Administration, Brookings Area Transit Authority, and Business
Community. Non-voting liaisons shall include, but are limited limited to, Brookings
Sustainability Council, Park & Recreation Board, Brookings School District, and
South Dakota State University
c) All members of the Brookings Bicycle Advisory Committee (BBAC) shall serve
without compensation.
Qualification of members.
A majority of the members of the Brookings Bicycle Advisory Committee (BBAC) shall
be residents of the city.
Vacancies.
If a vacancy on the Brookings Bicycle Advisory Committee (BBAC) occurs prior to the
expiration of a term, the vacancy may be filled by appointment for a term not exceeding
three years. If a member is absent from three consecutive regular meetings without
authorization from the Chairperson, the member's seat may be considered vacant, and
a new member may be appointed.
Officers.
The Brookings Bicycle Advisory Committee (BBAC) will designate from among its
membership a chairperson, vice-chairperson and such other officers and
subcommittees as it deems appropriate and necessary.
Meetings.
The Brookings Bicycle Advisory Committee (BBAC) will meet at such times and places
as may be determined by the Brookings Bicycle Advisory Committee (BBAC). A majority
of members of the Brookings Bicycle Advisory Committee (BBAC) shall constitute a
quorum. BBAC meetings shall be open to the public and comply with City open
meetings policies.
Objectives:
The objectives of the BAC shall include, but are not limited to:
1. Policies
A. Advise the City Manager on implementation of the bicycle master plan for the
City of Brookings.
B. Review and make recommendations on planning documents prepared by City
departments affecting the use of the bicycle as a transportation and
recreational mode. These shall include, but are not limited to, the
Comprehensive Plan, Master Transportation Plan, Arterial Streets
Classification Policy, neighborhood plans, area-wide development plans, and
the Central Business District Plan.
C. Review and make recommendations regarding funding priorities for bicycle
program activities and capital improvement projects insofar as they relate to
bicycling.
D. Monitor activities of other jurisdictions as they affect bicycling in the city.
E. Advise City Manager on issues related to the current and future bicycle
network, traffic safety, and innovative or best practices.
F. Consult with the Park and Recreation Advisory Board, Traffic Safety
Committee, Sustainability Council and Planning Commission as needed to
insure proper coordination of bicycle-related activities.
2. Implementation
A. Review and make recommendations on capital improvement projects
developed by the City departments and outside agencies to ensure that
adequate consideration is given to bicycles.
B. Review and make recommendations regarding bikeway signage and
improvement plans.
3. Education and Enforcement
A. Advise city staff on promoting bicycle safety education and enforcement
activities in the city.
B. Interact with local and regional law enforcement, other governmental
agencies, and advocacy organizations as they relate to bicycle and
pedestrian safety and on- and off-road bicycle network developments.
4. Community Involvement & Input
A. Provide a forum for citizens to comment to the city on the state of cycling
locally and regionally.
B. Advise city staff on issues related to public involvement in bikeway
improvement projects with the goal of developing a consensus among the
affected public.
C. Establish and maintain communication with similar advisory committees in
adjoining jurisdictions to support the enhancement of bicycle networks
regionally.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: January 12, 2016
Second Reading: January 26, 2016
Published:
CITY OF BROOKINGS, SD
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
8/27/15
Charter
Brookings Bicycle Advisory Committee (BBAC)
Brookings SD
Role/Purpose:
The role of the Brookings Bicycle Advisory Committee (BBAC) 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.
Objectives:
The objectives of the BAC shall include, but are not limited to:
1. Policies
A. Advise the City Manager on implementation of the bicycle master plan for the City of
Brookings.
B. Review and make recommendations on planning documents prepared by City
departments affecting the use of the bicycle as a transportation and recreational
mode. These shall include, but are not limited to, the Comprehensive Plan, Master
Transportation Plan, Arterial Streets Classification Policy, neighborhood plans, area-
wide development plans, and the Central Business District Plan.
C. Review and make recommendations regarding funding priorities for bicycle program
activities and capital improvement projects insofar as they relate to bicycling.
D. Monitor activities of other jurisdictions as they affect bicycling in the city.
E. Advise City Manager on issues related to the current and future bicycle network,
traffic safety, and innovative or best practices.
F. Consult with the Park and Recreation Advisory Board, Traffic Safety Committee,
Sustainability Council and Planning Commission as needed to insure proper
coordination of bicycle-related activities.
2. Implementation
A. Review and make recommendations on capital improvement projects developed by
the City departments and outside agencies to ensure that adequate consideration is
given to bicycles.
B. Review and make recommendations regarding bikeway signage and improvement
plans.
3. Education and Enforcement
8/27/15
A. Advise city staff on promoting bicycle safety education and enforcement activities in
the city.
B. Interact with local and regional law enforcement, other governmental agencies, and
advocacy organizations as they relate to bicycle and pedestrian safety and on- and
off-road bicycle network developments.
4. Community Involvement & Input
A. Provide a forum for citizens to comment to the city on the state of cycling locally and
regionally.
B. Advise city staff on issues related to public involvement in bikeway improvement
projects with the goal of developing a consensus among the affected public.
C. Establish and maintain communication with similar advisory committees in adjoining
jurisdictions to support the enhancement of bicycle networks regionally.
Membership
1. Composition size: 7 to 9 members
2. Voting Members to be chosen from, but not limited to the following areas:
A. Local Biking Organizations
B. Citizens-at-large
C. Brookings School District faculty, staff, and students
D. SDSU Student Senate and Administration
E. Brookings Area Transit Authority
F. Business Community
3. Non-voting liaisons:
A. Brookings Sustainability Council
B. Park & Recreation Board
C. South Dakota State University
4. Expectations of members:
A. Interest and/or expertise in bicycle and pedestrian issues
B. Continued education in bicycling best practices
C. Adhere to the City’s Code of Ethics
D. Favorable/positive interest in bicycling and sustainability
Meetings:
1. The BBAC shall meet monthly. Regular meeting times, dates, and locations will be set by the
membership.
2. Quorum shall consist of a majority of appointed voting members.
3. BBAC meetings shall be open to the public and comply with City open meetings policies.
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 16-002,Version:1
Introduction and First Reading on Ordinance 16-002, an Ordinance creating an Urban Chicken
Demonstration/Pilot Project and temporarily amending Chapter 14 of the Code of Ordinances of the
City of Brookings, South Dakota to include provisions pertaining to the keeping of chickens pursuant
to a Pilot Project of Limited Duration in the City of Brookings. Public Hearing: January 26, 2016.
Summary:
The enclosed Ordinance would allow create an Urban Chicken Demonstration Project in the City of
Brookings, allowing for the issuance of temporary permits for a limited duration of time.
Background:
On December 8, 2015, the City Council voted to direct staff to work the Sustainability Council in
developing a policy/process for a demonstration pilot project issuing temporary permits to test
backyard chickens in the City of Brookings.
The Sustainability Council met on Tuesday, January 5, 2016 at 2:00 p.m. to discuss and offer the
following policy and process recommendations on the Urban Chicken Demonstration/Pilot Project for
the City of Brookings.
The following recommendations to approve the proposed Ordinance and process with the
specifications as outlined were unanimously adopted by the Sustainability Council:
Process/Rationale:
1.Follow rules from the originally proposed ordinance:
a.In order to be a true test of the concept, the Council recommends the pilot project follow
the same requirements as the originally proposed ordinance.
2.Issue up to ten (10) permits to the first 10 qualifying applicants:
a.The majority of the Council felt 10 was an adequate test number.
3.Duration of one (1) year with 6 month grace period following completion of demonstration:
a.The six month grace period would allow for owners to re-home their birds if a
permanent ordinance isn’t passed. Owners will sign an agreement indicating they
understand the risk.
4.Applications available online or in City Offices:
a.The applications, requirements and educational material will be available online by
February 18th.
5.No fee for temporary permits:
a.Since this is a temporary pilot project and applicants will incur expenses in building
coops, etc., the Council didn’t feel it was appropriate to require a fee. If an ordinance is
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File #:ORD 16-002,Version:1
permanently adopted, the Council recommends the fee be minimal in order to promote
urban agriculture.
6.Educational materials and activities to be provided:
a.City website to include information on care of chickens
b.Council to coordinate with local organizations to offer a coop building workshop in
March at the Brookings Public Library
c.Host summer and fall coop tours
d.Recommend chicken demonstrations at public locations (farmer’s market, downtown
events, Arts Festival)
7.Reporting:
a.Applicants will be required to allow permission of the Sustainability Council access to
tour coops for educational and reporting purposes. Applicants will also be advised of
the reporting requirements to the City Council.
b.The Sustainability Council recommends Animal Control and Code Enforcement track
the following for the Pilot Project:
i.Address of applicant
ii.Number of chickens
iii.Number of complaints and the nature of complaints regarding the pilot
project
iv.Comparison of all pet complaints to pilot project complaints
c.The Sustainability Council will inspect coops at the end of the project and prepare a
report to include number of birds, deaths, map/addresses, and photographs.
d.Reports:
i.Initial: number of applicants awarded, location, number of hens
ii.Quarterly: number and nature of complaints received, comparison to other pet
complaints
iii.Final: map/address, photos of coops, complaints received, comparison, map
The Sustainability Council discussed the following additional other issues related to a pilot project
and made the following recommendations:
1.No application pre-approval inspections through Animal Control:
a.Pre-approval inspections are not done for any other licensed animals in town. The
ordinance should mirror other animal ordinances and should not create an additional
workload on animal control staff.
2.No notification to neighbors:
a.Neighbor permission isn’t needed for other animals. The Council feels the ordinance
should mirror other animal ordinances. It should also mirror the original ordinance in
order to be a true test of the concept.
3.No leg banding:
a.Leg banding to track an at-large chicken was initially suggested. None of the
communities contacted band urban chickens. The Council felt leg banding would be
cost prohibitive for a temporary program, time consuming, create unnecessary
paperwork, and difficult to track.
Schedule:
Jan 5 Sustainability Council review and approve proposed process
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File #:ORD 16-002,Version:1
Jan 12 City Council: First reading of Ordinance allowing temporary permits
Jan 26 City Council: Second reading of Ordinance allowing temporary permits
Feb 15 Issue press release to offer permits
Feb 18 Accept applications (first 10 qualifying applications will be awarded)
Mar 18 Deadline to apply
Mar/Apr Coop building
May Recommend applicants purchase chicks
July Quarterly Report to City Council
Oct Quarterly Report to City Council
Jan 2017 Quarterly Report to City Council
March 2017 End of demonstration project
April 2017 Present final report to City Council
May 2017 Depending on outcome, City Council considers permanent ordinance
Aug 2017 Hens must be re-homed outside city limits if a new ordinance isn’t adopted
**Note: The Planning Commission will need to amend the zoning code to allow for this ordinance.
This action will occur concurrently and the effective approval date can’t occur until the zoning action
is completed.
Attachments:
Ordinance
Application
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Ordinance 16-002
An Ordinance creating an Urban Chicken Demonstration/Pilot Project and
temporarily amending Chapter 14 of the Code of Ordinances of the City of
Brookings, South Dakota to include provisions pertaining to the keeping of
chickens pursuant to a Pilot Project of limited duration in the City of Brookings.
Preamble
Whereas, on December 8, 2015, the City Council authorized staff of the City of
Brookings to prepare an Ordinance to implement an Urban Chicken Demonstration /
Pilot Project authorizing, for a limited duration, the keeping of chickens by a limited
number of permittees in the City of Brookings; and
Whereas, the duration of this ordinance shall be for a period of one (1) year, together
with an additional six (6) month grace period for completion of the project including the
relocation of the hens; and
Whereas, the City Council hereby authorizes and instructs the Sustainability Council
and City Clerk to administer an Urban Chicken Demonstration / Pilot Project, and further
authorizes, for the limited duration set forth herein, the temporary adoption of Sections
14-6, 14-82, 14-90, 14-91, 14-151, 14-152 and 14-154, thereby permitting up to six (6)
hens to be kept by those who are issued permits under the Pilot Project; and
Whereas, the Urban Chicken Demonstration / Pilot Project shall be established and
administered according to the following guidelines:
a. The City may issue up to ten (10) permits for the keeping of chickens during
the pilot project;
b. Applications for permits shall be made available online or in the City Clerk’s
Office;
c. The application process shall be open to public inspection;
d. Permits will be issued to the first 10 qualifying applicants;
e. No fee shall be required for a permit;
f. The City website shall include information concerning the care of chickens;
g. The Sustainability Council will coordinate with local organizations to offer a
coop building workshop;
h. The Sustainability Council will host coop tours of permitted locations.
Permittees shall be required to allow tours of their facilities for educational
purposes;
i. The City will recommend chicken demonstrations at public locations (farmer’s
market, downtown events, Arts Festival) during the pilot project;
j. The Sustainability Council, in cooperation with the Animal Control/Brookings
Police Department, shall compile the initial and quarterly reports to include
the number of applicants awarded, map/locations, number of hens, number
and nature of complaints received, and comparison to other pet complaints.
The final report shall also include photos of coops, and other documentation
as required by the City Council and City Manager.
Now Therefore, Be It Ordained and Enacted by the Council of the City of Brookings,
State of South Dakota, as follows:
I.
Sec. 1. That the Preamble of this Ordinance is hereby adopted as a part of this
Ordinance.
Sec. 2. The following Sections of Chapter 14 of the Code of Ordinances of the City of
Brookings are hereby revised during the duration of this Ordinance:
Sec. 14-6. - Number of pets limited.
It is unlawful for any person or caretaker to have or keep more than six domestic
pets, including, but not limited to, dogs, cats and rabbits over the age of four
months, except birds and fish, upon any lot or premises in the city, unless such
person or caretaker resides within the lot or premises and has a valid pet shelter
or kennel license issued by the city. For the purpose of limiting number of pets,
three chickens are the equivalent of one domestic pet. Up to six hens are allowed
per residence. The city animal shelter and veterinarian offices are exempt from
the provisions of this section.
Sec. 14-82. - Proximity of fowl to dwellings.
It is unlawful for any person to enclose or house any guinea fowl, ducks, geese,
turkeys or other domestic fowl, except hens and pigeons, and except falcons or
hawks in the possession of a state and federally licensed handler, in any house,
pen, coop or enclosure or other building situated within a distance of 125 feet of
any church, school or other public building or within 125 feet of any dwelling,
store or other building used or occupied as a residence of any person other than
that of the owner or caretaker of such fowl. Hens in any house, pen, coop or
enclosure must be at least 25 feet from any church, school or public building and
must be at least 25 feet from any dwelling, store or other building used or
occupied as a residence of any person other than that of the owner or caretaker
of the hens.
Sec. 14-90. - Keeping of game birds prohibited.
No person may keep or have any game birds, including but not limited to,
pheasants, geese, ducks, quail and partridge in any house, pen, coop or
enclosure or other building situated within a distance of 125 feet of any church,
school or other public building or within 125 feet of any dwelling, store or other
building used or occupied as a residence of any person other than that of the
owner or caretaker of such fowl. Chickens are not considered a game bird.
Sec. 14-91. - Keeping of hens.
The keeping of up to six hens are allowed per residence; roosters are prohibited.
Nuisance issues relating to hens shall be covered under the current rules and
regulations pertaining to animal nuisances in Section 14-9 of this Chapter.
Sec. 14-151. - Required.
It is unlawful for any person within the city to keep, maintain or have in their
custody or under their control any dog, or cat which is over the age of three
months, or chickens, without first having obtained a license for the dog, cat or
chickens from an authorized agent of the city.
Sec. 14-152. - Application.
Any person desiring to keep, maintain or have in their custody or control within
the city, any dog, cat or chickens, shall, on or before December 31st of each year,
make an application to an authorized agent of the city for a license to keep such
dog, cat or chickens. Such application shall be in writing, stating the name, sex,
color and other distinguishing characteristics (e.g., such as guard dog) of such
dog or cat and the name of the owner or caretaker thereof. The license
application shall be made on a printed form furnished by an authorized agent and
shall be filed with an authorized agent of the city.
Sec. 14-154. - Fee.
Before any license may be issued under the provisions of this article, the
applicant shall pay to an authorized agent a fee for each dog, cat or chickens to
be licensed. The annual fee for such license shall be determined from time to
time by resolution of the city council. No fee shall be charged for temporary
permits.
Sec. 3. That this Ordinance shall expire at 11:59 p.m. on August 1, 2017.
Sec. 4. That the Sustainability Council shall compile all data and reports concerning the
pilot program authorized by this Ordinance and, prior to the expiration of this Ordinance,
shall make a recommendation whether Temporary Ordinance Sections 14-6, 14-82, 14-
90, 14-91, 14-151, 14-152 and 14-154 of the Code of Ordinances should be retained as
they now read or be amended or repealed.
Sec. 5. That if any provision, section, subsection, sentence, clause or phrase of this
Ordinance, or the application of same to any person or set of circumstances, is for any
reason held to be unconstitutional, void or invalid, the validity of the remaining portions
of this Ordinance or their application to other persons or sets of circumstances shall not
be affected thereby, it being the intent of the City Council in adopting this Ordinance that
no portion hereof or provision or regulation contained herein shall become inoperative
or fail by reason of any unconstitutionality, voidness or invalidity of any other portion
hereof, and all provisions of this Ordinance are declared to be severable for that
purpose.
First Reading: January 12, 2016
Second Reading:
Published:
CITY OF BROOKINGS, SD
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
Urban Chicken Permit
Name:
Address:
Phone (Home): Phone (mobile):
Email:
** 24-hour emergency contact phone number
This is the number that will be called if we receive a complaint about the chickens on your property
Number of hens to be kept: (maximum of 6 hens). NO ROOSTERS ARE ALLOWED.
Complete and submit the following attachments:
A: Description of chicken coop and pen, including materials used and cubic feet
B: Sketch identifying the property boundaries and indicating the location of the coop and pen
C: For tenants/renters only – Landlord’s approval form
I understand and agree to the following requirements for keeping chickens in the City of Brookings,
South Dakota:
1. I have read the Brookings City Urban Chicken Policy and understand the requirements for keeping
chickens.
2. No fee required for temporary permits; however, if ordinance is permanently enacted, applicants
will be required to submit fee to continue.
3. City approval is required prior to obtaining chickens.
4. All City ordinances and state laws relating to the care and keeping of animals will be followed.
5. Chickens must be kept within the confines of my property at all times.
6. I give permission for Sustainability Council members and city staff to visit/tour my property for
reporting purposes to include photographs of the coop and surrounding area. Permit holders will be
encouraged to participate in coop-tours for public demonstration and educational purposes.
7. I acknowledge that I live in a single-family dwelling as per zoning code.
If rental, I have obtained permission from my landlord (approval form attached).
TEMPORARY PERMIT (3/1/16-3/1/17)
Urban Chicken Pilot Project Permit
Shari Thornes, Brookings City Clerk
520 3rd Street, Suite 230 / PO Box 270
Brookings, SD 57006
(605) 692-6281 phone; (605) 692-6907 fax
sthornes@cityofbrookings.org
8. I affirm that I have never been found guilty of any animal welfare, neglect or cruelty code.
9. The permit is a limited license for the activity and no vested zoning rights arise from the permit
being issued and that the permit does not run with the land.
10. I understand the private restrictions on the use of the property shall remain enforceable and shall
supersede the permit. I affirm that there are no private restrictions including, but not limited to,
deed restrictions, condominium restrictions, neighborhood association bylaws, covenants, and
restrictions and rental agreements. A permit issued to a person whose property is subject to private
restrictions that prohibit keeping of chickens is void.
11. This permit is not transferable.
I affirm that all statements contained in the application and Attachments A-D are true and correct and that I the
permit holder will keep the chickens in compliance with all related ordinances and Urban Chicken Policy. I
understand that failure to comply with regulations may result in revocation of the permit and/or issuance of a
municipal infraction.
I understand this is a temporary pilot demonstration project and I will be
required to re-home all birds by August 1, 2017 if a permanent ordinance is not
adopted by the City of Brookings.
Signature Date
For City Use Only
Permit Fee: Waived for temporary permits
Community Development approval:
Police /Animal Control approval:
City Clerk:
Approval Date: Denied:
Reason for denial:
Permit Number:
Issue Date:
Expiration Date:
TEMPORARY PERMIT (3/1/16-3/1/17)
Urban Chicken Pilot Project Permit
Urban Chicken Permit
ATTACHMENT A:
DESCRIBE THE CHICKEN COOP AND PEN, INCLUDING MATERIALS USED AND CUBIC FEET.
COOPS THAT A HAVE A FOOTPRINT OF 121 SQUARE FEET OR LARGER REQUIRE A PERMIT FROM THE CITY
ENGINEERING DEPT BEFORE CONSTRUCTION.
ATTACHMENT B:
SKETCH A DIAGRAM BELOW OF THE PROPERTY, INCLUDING THE DIMENSIONS AND INDICATE THE LOCATION OF
COOP, PEN, AND NEIGHBORS’ RESIDENTIAL STRUCTURES.
ATTACHMENT C:
TO BE COMPLETED ONLY IF THE APPLICANT IS A TENANT.
I AM THE OWNER/LANDLORD OF __________________________, BROOKINGS, SD, AND I GIVE PERMISSION
FOR MY TENANT, ____________________________, TO INSTALL A CHICKEN COOP AND KEEP CHICKENS ON
THE PROPERTY.
SIGNATURE/DATE
CITY OF BROOKINGS
URBAN CHICKEN GUIDELINES
REQUIREMENTS FOR KEEPING CHICKENS
Number and type of chickens allowed.
1. The maximum number of chickens allowed is six (6) per tract of land regardless of how many
dwelling units are on the tract.
2. Only female chickens are allowed.
3. No roosters allowed.
Noncommercial use only.
It shall be unlawful to engage in chicken breeding or fertilizer production for commercial purposes.
Enclosures.
1. Coops that a have a footprint of 121 square feet or larger require a permit from the City Engineering
Dept before construction.
2. Chickens must be kept in an enclosure or fenced area at all times. Chickens shall be secured within a
henhouse or chicken tractor during non-daylight hours.
3. Enclosures must be kept in a clean, dry, odor-free, neat and sanitary condition at all times.
4. Henhouses, chicken tractors and chicken pens must provide adequate ventilation and adequate sun
and shade and must be impermeable to rodents, wild birds and predators, including dogs and cats.
5. Henhouses and chicken tractors.
A. Henhouses and chicken tractors shall be designed to provide safe and healthy living conditions
for the chickens while minimizing adverse impacts to other residents in the neighborhood.
a. A henhouse or chicken tractor shall be enclosed on all sides and shall have a roof and
doors. Access doors must be able to be shut and locked at night. Opening windows and
vents must be covered with predator and bird proof wire of less than one-inch openings.
b. The materials used in making a henhouse or chicken tractor shall be uniform for each
element of the structure such that the walls are made of the same material, the roof has
the same shingles or other covering, and any windows or openings are constructed
using the same materials. The use of scrap, waste board, sheet metal, or similar
materials is prohibited. Henhouses and chicken tractors shall be well maintained.
B. Henhouses, chicken tractors and chicken pens shall only be located to the rear of the dwelling or
other main structure and may be located in the rear yard.
C. Henhouses, chicken tractors and chicken pens must be located to comply with Section 94-394
and at least twenty-five (25) feet from any adjacent residential dwelling, church, school or place
of business.
6. Any enclosed chicken pen shall consist of sturdy wire or wooden fencing. The pen must be covered
with wire, aviary netting, or solid roofing.
Odor and noise impacts.
1. Odors from chickens, chicken manure or other chicken related substances shall not be perceptible at
the property boundaries.
2. Perceptible noise from chickens shall not be loud enough at the property boundaries to disturb
persons of reasonable sensitivity.
Predators, rodents, insects and parasites.
The chicken owner shall take necessary action to reduce the attraction of predators and rodents and the
potential infestation of insects and parasites. Chickens found to be infested with insects and parasites
that may result in unhealthy conditions to human habitation may be removed by an animal control
officer.
Feed and water.
1. Chickens shall be provided with access to feed and clean water at all times.
2. The feed must be stored in covered, rodent-proof containers.
3. When feed is provided, it must be done in a manner that will not attract rodents.
Waste storage and removal.
The chicken owner must provide for the storage and removal of chicken manure. All stored manure shall
be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three
(3) cubic feet of manure shall be stored. All other manure not used for composting or fertilizing shall be
removed. The henhouse, chicken tractor, chicken pen and surrounding area must be kept free from
trash and accumulated droppings. Uneaten feed shall be removed in a timely manner.
Chickens at large.
The Permittee shall not allow the chickens to roam off the permitted tract of land. No dog or cat or
other domesticated animal which kills a chicken off the permitted tract of land will, for that reason
alone, not be considered a dangerous or aggressive animal or the city's responsibility to enforce its
animal control provisions.
Unlawful acts.
1. It shall be unlawful for any person to keep chickens in violation of any provision of these policies.
2. It shall be unlawful for any owner, renter or leaseholder of property to allow chickens to be kept on
the property in violation of the provisions of these policies.
3. No person shall keep chickens inside a single family dwelling unit, multi family dwelling unit(s) or
rental unit.
4. No person shall slaughter any chickens within the city limits.
5. No person shall keep a rooster.
6. No person shall keep chickens on a vacant or uninhabited tract of land.
Nuisances.
Any violation of this article that constitutes a health hazard or that interferes with the use or enjoyment
of neighboring property is a nuisance and may be abated under the general nuisance abatement
provisions of Chapter 14 of the Code of Ordinances.
Continuing violations.
Each day that a violation of this article continues is a separate offense.
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 15-024,Version:2
Public Hearing and Action on Ordinance 15-024, an Ordinance amending Chapter 26 of the Code of
Ordinances of the City of Brookings, South Dakota to include the regulation of Transportation
Network Companies in the City of Brookings.
Summary:
NOTE: Ordinance 15-024 has been revised from first reading. Revisions are highlighted in yellow.
The enclosed Ordinance would amend Chapter 26 of the City’s Code of Ordinances to include for the
regulation of Transportation Network Companies in the City of Brookings.
A “ride-sharing” or Transportation Network Company (TNC) is a company that uses an online-
enabled platform to connect passengers with drivers using their personal, non-commercial, vehicles.
TNCs do not actually provide transportation services, but only serve to connect the provider with the
user.
The TNC organizes “prearranged” transportation services by using a smart phone application to
connect for-hire drivers using their personal vehicles with riders. Industry leaders include, Uber, Lyft,
and Sidecar. Each of these companies retain a maximum of 20% of the fare the user pays with his
or her credit card through the app and forwards the remainder to the driver's account.
Background:
Rides from a TNC are requested via a smart phone app by a pre-registered customer. Customers
establish an online account with credit card payment information prior to requesting a ride and
download an “app” on their smart phone. Customers enter their location and desired destination.
The app provides a map view of available drivers, real-time locations, and proximity to the customer.
Cash is never paid to the driver and there is no tipping.
TNC drivers set their own schedule and can use their personal vehicle. Drivers sign up online with
TNCs. The TNC conducts a motor vehicle and criminal background check. Some companies
mandate that vehicles cannot exceed 10 years in age.
TNC requirements in cities and states vary greatly. The City Attorney, City Clerk, and Police Chief
have reviewed a number other cities that have created ordinances to allow for TNCs and have made
the following recommendations for additional insurance and background checks for public safety
reasons.
TNC drivers must:
1.Obtain a city license
2.Undergo local background checks
3.Adhere to local standards of conduct
4.Pass local vehicle inspection by the Police Department
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Proposed standards of conduct for drivers for all taxi or TNC drivers will include:
1.You must have a valid for-hire driver's license and valid driver's license while operating the
vehicle.
2.You must carry proof of insurance in your vehicle while operating it.
3.You must not operate a taxicab, for-hire vehicle, or TNC vehicle when its license has been
suspended or revoked.
4.You must not be in control of a taxicab, TNC vehicle, or for-hire vehicle for more than 12 hours
spread over a total of 15 hours in any 24-hour period. After that, you must not drive any for-
hire vehicle until 10 consecutive hours have passed.
5.You must check after each trip for items left behind by passengers and report and return such
items to the company or association's lost-and-found.
6.You must operate your vehicles with due regard for the safety, comfort and convenience of
passengers.
7.You must accept passengers who are accompanied by service animals.
8.You must maintain records of trips and other required information each week.
9.No alcohol. You must not drink any alcoholic beverage while on duty or less than eight hours
prior to going on duty; you may not possess an open or unsealed container of alcoholic
beverages while on duty.
10.You must not use your vehicle for solicitation of prostitution or for the solicitation,
transportation, sale or any activity related to illegal drugs.
11.No littering.
12.You must not smoke in the vehicle.
13.You must not use offensive language, expressions or gestures to any person while driving,
operating, picking up customers or in control of a taxicab, transportation network company
vehicle or for-hire vehicle.
14.You must not use a mobile phone unless it is in hands-free mode.
15.You must report accidents that occur while operating a taxicab, for-hire vehicle or
transportation network vehicle immediately to the Brookings Police Department, as required,
and within 3 days to the Brookings City Clerk’s Office.
A separate resolution setting the TNC licensing fee would be required if the ordinance is approved.
Attachments:
Ordinance - revised from first reading
City of Brookings Printed on 1/6/2016Page 2 of 2
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Ordinance 15-024
An Ordinance Amending Chapter 26 of the Code of Ordinances of the City
of Brookings, South Dakota to include the regulation of Transportation Network
Companies in the City of Brookings.
Be It Ordained and Enacted by the Council of the City of Brookings, State of South
Dakota, as follows:
I.
Section 26-181 of Chapter 26 of the Code of Ordinances of the City of Brookings is
hereby amended as follows:
Sec. 26-181. – Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings provided in this section, except where the context clearly indicates a different
meaning:
Limousine means any motor vehicle which has a passenger compartment that can be
sealed from the driver's compartment, with a seating capacity of at least six persons, not
including the driver, which is not traveling any definite or prescribed route and is
operated by a driver.
Operator means a person engaged in business as an operator of a taxicab.
Taxicab means a motor vehicle for carrying passengers, with a seating capacity for
seven persons or less, not including the driver, which is not traveling any definite or
prescribed route, is operated by a driver carrying or accepting passengers for hire, but
does not include funeral cars, limousines, buses, ambulances, wheelchair transport
vehicles, and a personal vehicle operated by a Transportation Network Company
(“TNC”) driver as defined in Division 5 of this Chapter.
Vehicle for hire means any taxicab as defined in this chapter, not including a personal
vehicle operated by a TNC driver.
II.
Chapter 26 of the Code of Ordinances of the City of Brookings is hereby amended to
include Division 5 as follows:
Division 5. – Transportation Network Companies (“TNC”)
Sec. 26-280. - Definitions.
Digital Network. Any online-enabled application, software, website, or system offered or
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utilized by a TNC that enables the prearrangement of rides with TNC Drivers.
TNC Driver. A person who drives a vehicle for a Transportation Network Company.
Personal Vehicle. A vehicle that is used by a TNC Driver and is: Owned, leased, or
otherwise authorized for use by the TNC Driver; and which is not a taxicab, limousine or
vehicle for hire.
Prearranged Ride. The provision of transportation by a driver to a rider, beginning when
a driver accepts a ride requested by a rider through a Digital Network controlled by a
TNC, continuing while the driver transports a requesting rider, and ending when the last
requesting rider departs from the Personal Vehicle. A Prearranged ride does not include
transportation provided by a taxicab or vehicle for hire.
Transportation Network Company or TNC. An entity licensed pursuant to this Chapter
that uses a digital network to connect passengers to Transportation Network Company
Services provided by Transportation Network Company Drivers. A TNC shall not be
deemed to control, direct or manage the Personal Vehicles or TNC Drivers, except
where agreed to by written contract.
Transportation Network Company Driver or TNC Driver. An individual who operates a
personal vehicle who:
a) Receives connections to potential passengers and related services from a TNC
in exchange for payment of a fee to the TNC; and
b) Uses a Personal Vehicle to offer or provide a prearranged ride to riders upon
connection through a Digital Network controlled by a Transportation Network
Company in return for compensation or payment of a fee.
Sec. 26-281. – Requirements for a Transportation Network Company.
a) Inspection Required. No vehicle may be operated by a TNC Driver within the City
until it has been thoroughly and carefully tested and inspected and found to be in
a safe condition for the transportation of passengers. It is the duty of each TNC
Driver to submit to the chief of police for inspection each vehicle at any time upon
complaint, and the police department may also inspect such TNC vehicles at
other times as it deems necessary.
b) No Street Hails. A TNC Driver shall not solicit or accept street hails.
c) No Cash Trips. The TNC shall adopt a policy prohibiting solicitation or
acceptance of cash payments or other compensation directly from passengers
and notify TNC Drivers of such policy. TNC Drivers shall not solicit or accept
cash payments or other compensation directly from passengers. Any payment for
TNC Services shall be made only electronically using the TNC’s digital network
or software application.
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d) Fare Collected for Services. On behalf of a TNC Driver, a TNC may charge a fare
for the services provided to passengers; provided that, if a fare is collected from
a passenger, the TNC shall disclose to passengers the fare calculation method
on its website or within the software application service. The TNC shall also
provide passengers with the applicable rates being charged and the option to
receive an estimated fare before the passenger enters the TNC Driver’s vehicle.
e) Identification of TNC Vehicles And Drivers. The TNC’s software application or
website shall display a picture of the TNC Driver, and the license plate number of
the motor vehicle utilized for providing the TNC Service before the passenger
enters the TNC Driver’s vehicle.
f) Electronic Receipt. Within a reasonable period of time following the completion of
a trip, a TNC shall transmit an electronic receipt to the passenger on behalf of the
TNC driver that lists:
a. The origin and destination of the trip;
b. The total time and distance of the trip; and
c. An itemization of the total fare paid, if any.
g) Records. A TNC shall maintain the following records:
a. Individual trip records of passenger customers for at least one (1) year
from the date each trip was provided; and
b. Individual records of TNC Driver customers at least until the one year
anniversary of the date on which a TNC Driver's customer relationship
with the TNC has ended.
h) Record Inspection Authority.
a. The city has the authority to inspect the records of the TNC as necessary
to investigate an alleged crime or violation of this chapter; accident
involving a TNC driver; or for other good cause. The TNC shall cooperate
with the city to facilitate the exchange of relevant information required in
an investigation. The city shall provide advance written notice at least
seven days prior to any inspection, which shall be conducted at a mutually
agreed upon third-party location, or pursuant to court order, grand jury, or
investigative subpoena.
b. Any record or information made available by the TNC to the city pursuant
to this chapter is confidential and proprietary, and shall not be made public
without TNC’s express written permission. If the city is required to disclose
confidential information under court order or other applicable law, the city
shall promptly notify the TNC of such requirement, prior to disclosure, and
shall make diligent efforts to limit disclosure pursuant to any available
basis in South Dakota open records law or other applicable law.
Sec. 26-282. – Application for Transportation Network Company License and
Insurance.
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a) License Required. A person shall not operate a TNC in Brookings without first
having obtained a license from the City Clerk. The city shall grant a TNC license
if satisfied that the applicant has complied with all of the terms and provisions of
this chapter and if the evidence submitted in support of the application meets the
conditions precedent to granting the license.
b) Certificate of Insurance. Before any TNC license is issued, or any existing license
is renewed, an insurance certificate or policy of insurance issued by a
responsible insurer providing the coverage required by Sec. 26-283 covering the
vehicles to be operated by the TNC and TNC Driver shall be filed with the City
Clerk. The policy or certificate of liability insurance required by this ordinance
shall be approved by the City prior to issuance of the TNC license.
c) License Insurance. The City Clerk shall issue a license to each applicant that
meets the requirements for a TNC set forth in this Chapter, and pays to the City
an annual permit fee as established by Resolution of the City. A licensing year,
for the purposes of this section, begins January 1 and ends December 31 of the
next year.
d) Application Requirements. The application shall include:
1. The name and address of applicant;
2. Trade name if any under which the license is to be exercised;
3. If a partnership, the name and address of each partner;
4. If a corporation, the names and addresses of the officers;
5. Description of the activity to be carried on under the license;
6. The name and contact information for an agent to be maintained for
service of process in the State of South Dakota.
7. The applicant provides proof of sales tax license if applicable.
8. All required certificates of insurance.
e) Identification of TNC Drivers. At the time of initial licensing and on a quarterly
basis, a TNC shall submit to the city a list of driver’s license numbers and the
State of issuance for each active driver.
Sec. 26-283. – Hold Harmless/Indemnification and Insurance Requirements –
Transportation Network Company.
(a) Financial Responsibility of Transportation Network Companies.
1. Indemnification and Hold Harmless. Transportation Network Companies
must agree to indemnify and hold the City of Brookings, its officers,
agents, and employees, harmless from and against any and all actions,
suits, damages, liability or other proceedings that may arise as the result
of performing services hereunder. This section does not require
Transportation Network Companies to be responsible for or to defend
5
against claims or damages arising solely from errors or omissions of the
City of Brookings, its officers, agents, or employees.
2. Liability of Transportation Network Company Beyond Required Limits.
This ordinance does not limit the liability of a Transportation Network
Company arising out of an automobile accident involving a TNC Driver in
any action for damages against a Transportation Network Company for an
amount above the required insurance coverage.
3. General Commercial Liability Insurance. Transportation Network
Companies shall maintain occurrence based commercial general liability
insurance or equivalent form with a limit of not less than $1,000,000 for
each occurrence. If such insurance contains a general aggregate limit, it
shall apply separately to this Agreement or be no less than two times the
occurrence limit. Such insurance shall add the City of Brookings and its
employees as additional insureds.
4. Workers Compensation. Transportation Network Companies shall procure
and maintain workers’ compensation and employers’ liability as required
by South Dakota law.
5. Required disclosures. A Transportation Network Company shall disclose
in writing or electronic form to its TNC Drivers, as part of its agreement
with those Drivers, the insurance coverage and limits of liability that the
Transportation Network Company provides while the driver uses a vehicle
in connection with a Transportation Network Company's online-enabled
application or platform and shall advise its TNC Driver that the driver's
personal automobile insurance policy may not provide coverage under the
agreement.
(b) Automobile Liability Insurance. A Transportation Network Company Driver or
Transportation Network Company on the driver’s behalf shall maintain primary
automobile insurance that:
1. Recognizes that the driver is a Transportation Network Company Driver or
otherwise uses a vehicle to transport passengers for compensation and
covers the driver:
a. While the driver is logged onto the Transportation Network Company’s
Digital Network; or
b. While the driver is engaged in a prearranged ride.
2. The following automobile insurance requirements shall apply while a
participating Transportation Network Company Driver is logged onto the
Transportation Network Company's Digital Network and is available to
receive transportation requests but is not engaged in a prearranged ride:
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a. Transportation Network Companies shall maintain primary business
automobile liability insurance with a limit of not less than $1,000,000
each accident for death, bodily injury and property damage; Such
insurance shall include coverage for owned, hired, and non-owned
vehicles.
b. Uninsured and underinsured motorist coverage at the minimum limits
required by SDCL § 58-11-9.4.
c. The coverage requirements of this subsection may be satisfied by any
of the following:
1) Automobile insurance maintained by the Transportation Network
Company Driver; or
2) Automobile insurance maintained by the Transportation Network
Company; or
3) Any combination of subparagraphs (1) and (2).
3. The following automobile insurance requirements shall apply while a
Transportation Network Company Driver is engaged in a prearranged ride:
a. Transportation Network Companies shall maintain primary business
automobile liability insurance with a limit of not less than $1,000,000
each accident for death, bodily injury and property damage; Such
insurance shall include coverage for owned, hired, and non-owned
vehicles.
b. Uninsured and underinsured motorist coverage at the minimum limits
required by SDCL § 58-11-9.4.
c. The coverage requirements of this subsection may be satisfied by any
of the following:
1) Automobile insurance maintained by the Transportation Network
Company Driver; or
2) Automobile insurance maintained by the Transportation Network
Company; or
3) Any combination of subparagraphs (2) and (3).
4. If insurance maintained by driver in Section (a) has lapsed or does not
provide the required coverage, insurance maintained by a Transportation
Network Company shall provide the coverage required by Section (a)
beginning with the first dollar of a claim and the Transportation Network
Company shall have the duty to defend such claim.
5. Coverage under an automobile insurance policy maintained by the
Transportation Network Company shall not be dependent on a personal
7
automobile insurer first denying a claim nor shall a personal automobile
insurance policy be required to first deny a claim.
6. Insurance required by Section (a) may be placed with an insurer licensed
in the state or with a surplus lines insurer eligible under Chapter 58-32 of
the South Dakota Insurance Code.
7. A Transportation Network Company Driver shall carry physical or digital
proof of coverage satisfying Section (a) at all times during the Driver’s use
of a vehicle in connection with a Transportation Network Company’s
Digital Network. In the event of an accident, a Transportation Network
Company Driver shall provide this insurance coverage information to the
directly interested parties, automobile insurers and investigating police
officers, upon request pursuant to Chapter 32-35 of the South Dakota
Insurance Code. Upon such request, a Transportation Network Company
Driver shall also disclose to directly interested parties, automobile
insurers, and investigating police officers, whether the Driver was logged
onto the Transportation Network Company's Digital Network or on a
Prearranged Ride at the time of an accident.
8. In a claims coverage investigation, Transportation Network Companies
shall cooperate to facilitate the exchange of relevant information with
directly involved parties and any insurer of the Transportation Network
Company Driver if applicable, including the precise times that a
Transportation Network Company Driver logged on and off of the
Transportation Network Company’s Digital Network in the twelve hour
period immediately preceding and in the twelve hour period immediately
following the accident and disclose to one another a clear description of
the coverage, exclusions and limits provided under any automobile
insurance maintained under Section (a).
9. A TNC automobile insurance policy shall not be modified or canceled
without 30 days' actual notice to the city clerk.
10. The cancellation or other termination of any required automobile
insurance policy shall automatically revoke and terminate all licenses
issued for the TNC, unless another policy(ies), complying with this section,
shall be provided and in effect at the time of such cancellation or
termination.
Sec. 26-284. – Transportation Network Company Driver Requirements.
8
(a) License Required. Transportation Network Company Drivers shall be required to
obtain a license from the city. No person may drive a vehicle for a TNC without
first obtaining a license as a TNC driver.
(b) Age requirement. No TNC driver’s license may be issued under the provisions of
this ordinance to any person who is under the age of 18 years.
(c) Application. Any person desiring a TNC driver’s license required by this
ordinance shall make written application upon forms provided by the city clerk.
(d) Investigation of applicant by chief of police. Upon receiving a completed
application for a TNC driver’s license required by this ordinance, the city clerk
shall promptly deliver the application to the chief of police, who may review the
States of prior residence, and the qualifications and fitness of the applicant to
obtain a TNC driver’s license. Upon such inquiry, the police chief shall endorse
upon the application their recommendation for approval or disapproval of the
application and return the application to the city clerk. The chief of police shall
consider whether the applicant has a State driver's license that would authorize
operation of a TNC vehicle and whether the applicant has been convicted of a
felony or misdemeanor which has a reasonable relationship to driving a TNC
vehicle.
(e) Licensing procedure. After the chief of police has returned the license application
to the city clerk, the issuance of such license shall be discretionary with the city
clerk and a license may be issued only upon the approval of the city clerk. The
city clerk shall consult, as necessary, the police chief concerning any applicant.
(f) Revocation. Any license or temporary permit issued under this division may be
revoked by the city clerk for a violation by the licensee of any applicable provision
of State law, city ordinance or rule or regulation of the city, or for other good
cause.
(g) Notices to chief of police. The city clerk shall notify the chief of police of the
issuance or revocation of any license under the provisions of this ordinance.
(h) Display of license. Each holder of a license issued under this division shall
continuously display the license certificate in a conspicuous manner in the
vehicle.
(i) If a TNC driver meets the requirements of this chapter, a TNC may allow access
for that TNC driver to the TNC’s digital network. Before allowing an individual to
accept trip requests through a TNC’s digital platform:
1. The individual shall submit an application to the TNC, which includes
information regarding his or her address, age, driver’s license, driving history,
9
motor vehicle registration, automobile liability insurance, and other
information required by the TNC;
2. The TNC shall have a third party conduct a local and national criminal
background check for each applicant that shall include:
a. Multi-State/Multi-Jurisdiction Criminal Records Locator or other similar
commercial nationwide database with validation (primary source search);
and
b. National Sex Offender Registry database;
3. The TNC shall obtain and review a driving history research report for such
individual.
(j) The TNC shall not permit an individual to act as a TNC Driver on its digital
platform who:
1. Has had more than three traffic offenses in the prior three-year period, or one
major violation in the prior three-year period (including, but not limited to,
attempting to elude the police, reckless driving, hit/run or leaving the scene,
or driving on a suspended or revoked license);
2. Has been convicted, within the past seven years, of driving under the
influence of drugs or alcohol, fraud, sexual offenses, indecent exposure
(Class 1 misdemeanor), use of a motor vehicle to commit a felony, a crime
involving property damage, and/or theft, crimes of violence, felony
possession/distribution of controlled substances or acts of terror;
3. Is a match in the National Sex Offender Registry database;
4. Does not possess a valid driver’s license;
5. Does not possess proof of registration for the motor vehicle(s) used to provide
TNC Services;
6. Does not possess proof of automobile liability insurance for the motor
vehicle(s) used to provide TNC Services; or
7. Is not at least 18 years of age.
(k) The TNC shall prohibit the use or influence of drugs or alcohol by a driver while
providing TNC services requested through the TNC’s digital platform. If a TNC
receives a complaint of such drug or alcohol influence or other activity prohibited in
26-284, the TNC shall:
1. Immediately revoke the driver’s access to the TNC’s digital platform until the
duration of the investigation; and
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2. If the complaint is found to be true, the TNC shall permanently revoke the
driver’s license access to the TNC’s digital platform. If the complaint is found
to be untrue, the driver’s access to the TNC’s digital platform may be
immediately reinstalled.
III.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: December 15, 2015
Second Reading: January 12, 2016
Published: January 15, 2016
CITY OF BROOKINGS, SD
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2016-0003,Version:1
Public Hearing and Action to consider a legal description change for Liquor Operating Agreement
Holder, Elks Lodge #1490, 516 4th Street, Brookings, South Dakota, legal description: Lot 3, Block 2,
First Addition; legal description addition: Lots 3, 4, 5, 6 and 7, Block 2, First Addition.
Summary:
The Elks Lodge #1490 has applied to change their legal description for 516 4th Street, Brookings,
South Dakota, to include: Lots 3, 4, 5, 6 and 7, Block 2, First Addition. This would allow for special
events, such as weddings, to be held in the Brookings Activity Center. All documents have been filed
with the City pertaining to insurance and other licensing requirements.
Recommendation:
Staff recommends approval.
Attachments:
Legal Notice
City of Brookings Printed on 1/6/2016Page 1 of 1
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NOTICE OF PUBLIC HEARING
Legal Description Change – Elks Lodge #1490
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South
Dakota, on January 12, 2016, at 6:00 p.m. in the Brookings City & County Government Center
Chambers, 520 Third Street, will meet in regular session to consider a legal description change
for Liquor Operating Agreement Holder, Elks Lodge #1490, 516 4th Street, Brookings, South
Dakota, legal description: Lot 3, Block 2, First Addition; legal description addition: Lots 3, 4, 5, 6
and 7, Block 2, First 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 4th day of January, 2016.
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 #:ID 2016-0006,Version:1
Public Hearing and Action on a Temporary Alcohol License for the City to host a Reception for
Outgoing Council Member Scott Meyer on January 27, 2016 at 311 3rd Street (Homestead Co-
working Space).
Summary:
The City has applied for a temporary liquor license to host to host a Reception for Outgoing Council
Member Scott Meyer on January 27, 2016 at 311 3rd Street (Homestead Co-working Space). All
documents have been filed with the City pertaining to insurance and other licensing requirements.
Recommendation:
Staff recommends approval.
Attachments:
Public Notice
City of Brookings Printed on 1/6/2016Page 1 of 1
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Public Hearing
Sale of Alcoholic Beverages
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a
public hearing at 6:00 p.m., Tuesday, January 12, 2016, in the Brookings City & County
Government Center, 520 Third Street, to consider an application for a temporary alcohol license
to operate within the City of Brookings, South Dakota for the City to host a Reception for
Outgoing Council Member Scott Meyer to be held an evening during the week of January 25-31,
2016 at 311 3rd Street (Homestead Co-working Space). At which time and place all persons
interested will be given a full, fair and complete hearing thereon.
Dated at Brookings, South Dakota, this 5th day of January, 2016.
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 #:RES 16-003,Version:1
Action on Resolution 16-003, a Resolution calling for opt-out public vote to the property tax limitation
for purposes of financing the proposed Brookings Community Recreation Center.
Summary:
This resolution calls for a public vote of eligible voters of the City of Brookings to exceed the property
tax limitation for purposes of levying city property taxes to finance the proposed community
recreation center. The vote would occur on April 12, 2016 in conjunction with the city council and
school board elections. The amount of the property tax levy would be not to exceed $18 million over
20 years with an annualized amount of $1.4 million each year from 2017 through 2036.
Background:
The Recreation Center Feasibility Task Force created by the City Council in 2015 prepared a
feasibility report recommending the City pursue a multi-purpose, multi-use indoor community
recreation center. The report recommends a facility with turf space, gymnasiums, tennis courts,
walking/running track and other supporting amenities in phase I; with a future aquatic facility for
phase II. The proposed project incorporates the recommendations of the task force for the scope of
the project as well as the recommendation of the Park and Recreation Board a portion of the Wiese
Business Park, which is currently owned by the City, as the proposed location. Staff was directed to
solicit proposals for architectural services which has been done. Responses to the Request for
Proposals have been received and are under review presently.
Fiscal Impact:
The resolution puts the question of a property tax increase to the voters as a ballot question. It has
no direct fiscal impact on existing city finances as it would be an additional revenue stream from the
property tax levy specifically for purposes of financing the proposed project. If approved and
constructed, the operational expenses would have a fiscal impact on the City.
Recommendation:
Staff recommends approval
Attachments:
Resolution
City of Brookings Printed on 1/7/2016Page 1 of 1
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Resolution 16-003
Resolution For Opt Out
______________
The City Council of the CITY OF BROOKINGS, SOUTH DAKOTA does hereby state
that the City of Brookings is unable to operate under current state law property tax
limitation provisions. The City therefore OPTS OUT of such tax limitations in the
amount of $1,400,000 per annum, starting with calendar year 2016 taxes payable in
calendar year 2017. This opt out will remain in place for 20 years, covering taxes
payable in calendar years 2017 through 2036. This action has been taken by the City
Council and approved by at least a two-thirds vote of the City Council.
The purpose of the opt out is to provide a revenue source for the funding of a new
Recreational Center. The intent is to financethe new Recreational Center with the tax
proceeds of this Opt Out in an amount not to exceed $18,000,000.
This decision is hereby referred to a vote of the people to be held on April 12, 2016.
If approved by a majority vote of the people, this resolution authorizes the county
auditor to spread an excess levy to raise tax dollars in the above stated amount.
Passed and Approved on this 12th day of January, 2016
Signed:
____________________________________ Mayor Tim Reed
____________________________________Council Member Keith Corbett
____________________________________Council Member Dan Hansen
____________________________________Council Member Jael Thorpe
____________________________________Council Member Oepke Niemeyer
____________________________________Council Member Patty Bacon
____________________________________Council Member Scott Meyer
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 2016-0017,Version:1
Adoption of a Charter authorizing the Comprehensive Master Plan Advisory Committee.
Summary:
The attached Charter would create a temporary advisory committee to assist the City with developing
an updated Comprehensive Plan.
Background:
For the past two years, city staff and the Planning Commission have been working on updates and
revisions to the existing Brookings Comprehensive Plan. This advisory committee would bring more
resources to the process by broadening the scope of issues to be considered with such an update.
The advisory committee would also identify additional subject material for an eventual professional
planning consultant to utilize to undertake the actual update of the comprehensive plan.
Fiscal Impact:
There is no substantial fiscal impact to the work of the committee until the project advances to the
point of hiring a planning consultant.
Recommendation:
Staff recommends approval.
Attachments:
Charter
BEDC Letter
City of Brookings Printed on 1/6/2016Page 1 of 1
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Proposed Charter
City of Brookings SD
Comprehensive Master Plan Advisory Committee
Purpose:
The City of Brookings seeks thoughtful growth and development supporting a long-term
vision of the future of Brookings. A comprehensive master plan would identify how the
physical growth and development of the Brookings community could align with future
goals and dreams of its citizens and leaders.
A thriving community is dependent on internal and external investments of both time
and money. Attracting these investments requires a more detailed road map to illustrate
how and where the City of Brookings will develop.
The purpose of the Comprehensive Master Plan Advisory Committee is to assist the
City in developing a new Comprehensive Master Plan. The Advisory Committee’s
Mission is to build consensus around a comprehensive strategy for Brookings’ future by
engaging community input and advise the process of developing the Plan. The
Committee will collaborate with the Planning Commission and city staff to complete the
plan.
Specific Objectives:
● Develop and direct the process to complete a new plan
● Research and gather comparable plans and processes
● Research use of a Consultant to aid in the development of the Plan
● Develop a Budget
● Present Budget to Council for Approval
● Advise the City Manager in selection of Consultant
● Work with the Consultant to complete a new plan
● Develop milestones and deliverable due dates
● Execute the process to deliver a draft plan for Planning Commission and
City Council approval.
● The Advisory Committee shall formally report its activities to the Planning
Commission quarterly.
● Engage community members and stakeholders to provide input and comment
throughout the process of developing the plan. It is important that a broad cross
section of the community be represented.
● Seek out advice and council of community stakeholders including but not limited
to;
● County Commission
● School District
● City Sustainability Council
● Brooking Committee for those with Disabilities
● Historic Preservation Commission
● Affordable Housing Task Force
● Brookings Economic Development Corporation
● Brookings Chamber and Convention and Visitor Bureau
● Identify Physical and Conceptual Scope of Comprehensive Master Plan
● Identify community priorities and values to be addressed through a Master Plan
Study. For Example:
o Safety, Health and Wellness
o Diversity, Creativity, Authenticity
o Economic Development & Entrepreneurship Growth
o Sustainability
o Place-making & Community Character
o Historic Preservation
o Work force and Affordable Housing Solutions
● Determine spatial priorities to be considered. For Example:
o Vehicular, pedestrian(walkability), and bike transportation
o Public Space
o Potential Adaptive Reuse
o Growth and Redevelopment Strategies
o Zones (Downtown, Commercial, Industrial, and Residential)
The Master Plan should be developed considering:
● Existing City Comprehensive Plan
● County Comprehensive Plan
● Community Vision, Forecasted Growth, Gateway Plan, Parks and Recreation
Master Plan, Master Transportation Plan, and other Community Planning
Documents.
● Visioning Charrettes
Membership
Voting Members appointed by Mayor with Council consent.
● 9-11 members selected from the following;
o City Council Member
o Planning Commission Member(s)
o Citizens-at-large
o Citizens or Planning Commission Member with background in urban
planning or landscape architecture
o Citizens or Planning Commission Member with background in architecture
o The Business Community
o University Representative
o School District Representative
o Historic Preservation Commission Member
o Sustainability Council Member
The City Manager or representative will be a non-voting member of the Committee.
City staff per the direction of the City Manager will staff the committee.
Expectations of members:
● Adhere to the City’s Code of Ethics
● Adhere to City Meeting Policies
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 2016-0007,Version:1
Discussion with Applicants for City Council Appointment.
Summary:
Four Brookings residents have applied for Council Member Meyer’s position. The applicants have
been invited to this meeting to provide additional information and respond to questions.
The appointment term would be from February 10, 2016 - April 30, 2016. The City Council is
scheduled to vote on the appointment at the January 26, 2016 City Council Meeting. The new
Council Member would then be sworn in and take office on February 10, 2016.
Applicants
1. Edward J. Ballou
2. Arnold M. Brown
3. David M. Meyer
4. Douglas A. Smith
City of Brookings Printed on 1/7/2016Page 1 of 1
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