Loading...
HomeMy WebLinkAbout2015_02_24 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 Council Chambers6:00 PMTuesday, February 24, 2015 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 2015-0136 Action on Abatement of a Drainage Fee for Parcel No. 40960-11050-224-30, otherwise known as 410 Honor Drive, Brookings Abatement FormAttachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.A. Open Forum. Page 1 City of Brookings February 24, 2015City Council Meeting Agenda At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 5.B. SDSU Student Association Report. 6. Contracts/Change Orders: 6.A.RES 15-016 Action on Resolution 15-016, a Resolution awarding the contract on Project 2015-06STI, Chip Seal Project. ResolutionAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.B.RES 15-017 Action on Resolution 15-017, a Resolution awarding the contract on Project 2015-07STI, Asphalt Concrete Freight On Board Project. ResolutionAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.C.RES 15-018 Action on Resolution 15-018, a Resolution to award the contract for the purchase of a Pit Type Truck Scale. ResolutionAttachments: 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 15-005 First Reading and Introduction on Ordinance 15-005, an Ordinance amending Article V of Chapter 2 of the Code of Ordinances of the City of Brookings, SD and pertaining to the Human Rights Committee of the City of Brookings. Public Hearing: March 24, 2015. Ordinance - marked Ordinance - clean Attachments: 8. Public Hearings and Second Readings: 8.A.ID 2015-0121 Public Hearing and Action on the transfer of an On-Off Sale Malt Beverage Alcohol License from David Spaulding, EdgeBrook Golf Course Clubhouse Manager, to Gary Moen, EdgeBrook Golf Course Clubhouse Manager, 1415 22nd Ave. So., Brookings, South Dakota, legal description: SW ¼, Section 31-T110N-R49W. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.B.ORD 15-004 Public Hearing and Action on Ordinance 15-004, an Ordinance amending Section 14-83 Swine, of the code of ordinances of the City of Brookings. Page 2 City of Brookings February 24, 2015City Council Meeting Agenda Ordinance Marked Sec 14-83 Swine Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 2/10/15 City Council read into the record 8.C.RES 15-015 Public Hearing and Action on Resolution 15-015, Levying Assessment for Project No. 2014-01SWR, 2014 Sidewalk Repair Sites. Resolution Assessment Roll Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9. Other Business: 9.A.ID 2015-0145 Presentation and Public Comment on Hospital Project Financing. Informational 9.B.ID 2015-0143 Action on Revised Preliminary Plat for a portion of Bluegill Addition. Notice Minutes and Summary Bluegill Preliminary Plat Bluegill plat map Bluegill aerial Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.C.ID 2015-0135 Action on Abatement of Street Assessment for Lots 9-11, Block 12 and Lots 11-13 and Lots 16-17, Block 13, Camelot Square Addition, Brookings Abatement Bk12 Lot9 Abatement Bk12 Lot10 Abatement Bk12 Lot11 Abatement Bk13 Lot10 Abatement Bk13 Lot11 Abatement Bk13 Lot12 Abatement Bk13 Lot13 Abatement Bk13 Lot16 Abatement Bk13 Lot17 Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.D.RES 15-019 Action on Resolution 15-019, a Resolution purchasing Property from the State of South Dakota. Page 3 City of Brookings February 24, 2015City Council Meeting Agenda Resolution 15-019 Site Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.E.RES 15-011 Action on Resolution 15-011, a Resolution adopting a Policy Governing the Use of Sales Tax Revenue to be Granted as an Economic Development Incentive Program. sales tax rebate resolution policyAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 10. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 11. Adjourn. Brookings City Council: Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member Council Members Tom Bezdichek, Jael Thorpe, John Kubal, Dan Hansen, Ope Niemeyer 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 2015-0136,Version:1 Action on Abatement of a Drainage Fee for Parcel No. 40960-11050-224-30, otherwise known as 410 Honor Drive, Brookings Summary: This motion will authorize Brookings County to abate a portion of the drainage fee for 410 Honor Drive, Parcel No. 40960-11050-224-30. Background: The City Engineer received a request for a site study for the property at 410 Honor Drive, located on the west side of Western Avenue near 8th Street. This is a new development with multi-family housing and it will be constructed in phases. The City Engineer calculated a site study according to the method outlined in Chapter 72, Article II of the Brookings Code of Ordinances. This method takes into consideration the actual percentage of impervious area to determine the fee. The following is the result of the site study: Current drainage fee:$2,618.70 Revised drainage fee after site study:$1,554.37 Abatement amount:$1,064.33 Fiscal Impact: The drainage fee revenue will be decreased by $1,064.33. Recommendation: Recommend approval of the motion. Attachments: Abatement Form City of Brookings Printed on 2/18/2015Page 1 of 1 powered by Legistar™ Brookings City Clerk Abatement and Refunds South Dakota Codified Law 10-18-6 & 7 stipulates that no tax on property within a municipal corporation shall be abated or refunded without the approval of the governing body of said Municipal Corporation, duly filed with said application. In any case where the concurrence of a municipality in the granting of any abatement of refund is required, the action of the municipality shall be certified to and filed with the county auditor of the county within thirty days after an application for such concurrence shall have been filed with the clerk or the presiding officer of the governing body of such municipality, and if not so filed with said county auditor within such time, the municipality shall be deemed to have concurred in granting the application. Brookings City Ordinance, Chapter 72, Storm Drainage, establishes the annual fee for each property is assessed in the City of Brookings and payable to the County Treasurer. 72-1(b) Annual fee; basis. All real property within the city shall be charged an annual fee for the operation, maintenance, and capital improvements of the storm sewer and drainage system. The fee for each such property shall be based on the lot area, a runoff weighting factor, and a unit financial charge, and which fee is determined as follows: Storm drainage fee equals the runoff weighting factor multiplied by parcel area (in square feet) multiplied by unit financial charge (in dollars per square foot). Application: City of Brookings Year: 2015 Abatement Amount for 2015: $1,064.33 Address: 410 Honor Drive Parcel Number:40960-11050-224-30 Legal Description: Lots 1 through 4 of OL F in the SE ¼ & Exc Lot H1, Outlots Addition Background: The City of Brookings received a request for a site study for the drainage fee of 410 Honor Drive, Parcel No. 40960-11050-224-30. The revised drainage fee is the following: 2015 drainage fee charged:$2,618.70 2015 revised drainage fee: 1,554.37 Amount to be abated from 2015 taxes:$1,064.33 I hereby certify that on February 24, 2015, the following attached application for abatement or refund of taxes has been duly acted on by the governing body of the city or town of Brookings, in Brookings, South Dakota. Such action is recorded in the official minutes of said municipality, dated February 24, 2015, and reads as follows: “A motion was made by CM ??, seconded by CM ??, to approve an abatement request made by the City of Brookings to abate a portion of the 2015 drainage fee in the amount of $1,064.33 for 410 Honor Drive, Parcel No. 40960-11050-224-30, located on Lots 1 through 4 of OL F in the SE1/4, & Exc. Lot H1, Outlots Addition. “All present voted yes; motion carried.” Signed by: ______________________________ Shari Thornes, City Clerk City of Brookings, Brookings, SD 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 15-016,Version:1 Action on Resolution 15-016, a Resolution awarding the contract on Project 2015-06STI, Chip Seal Project. Summary: This resolution will award bids for 2015-06STI, Chip Seal Project. Background: This project is the chip seal project for the 2015 Project Area, which is located south of 6 th Street and west of Medary Avenue. This project will also include chip sealing some streets south of 6th Street and east of Medary Avenue since this is a large section. This is an annual project, where the contractor applies oil and city-purchased pea rock chips to the streets. The City then sweeps up the excess chips a few days afterward. The City opened bids on Tuesday, February 17, 2015 at 1:30 pm at the City & County Government Center and the following bids were received: Topkote, Inc., Yankton, SD $236,896.00 The Road Guy Construction Co., Inc., Yankton, SD $282,500.00 Bituminous Paving, Inc., Ortonville, MN $284,050.00 The low bid was approximately 11% lower than the Engineers Estimate of $267,400.00. This resolution will award the project to the low bid of Topkote, Inc., Yankton, SD for the contract amount of $236,896.00. Fiscal Impact: This project will be funded from Street Department budget. Recommendation: Recommend awarding the contract to Topkote, Inc. for the low bid of $236,896.00. Attachments: Resolution City of Brookings Printed on 2/18/2015Page 1 of 1 powered by Legistar™ Resolution 15-016 Resolution Awarding Bids on Project 2015-06STI Chip Seal Project Whereas, the City of Brookings opened bids for Project 2015-06STI Chip Seal Project on Tuesday, February 17, 2015 at 1:30 pm at the Brookings City and County Government Center; and Whereas, the City of Brookings has received the following bids for Project 2015-06STI Chip Seal Project: Topkote, Inc. - $236,896.00; The Road Guy Construction Co., Inc. - $282,500.00; and Bituminous Paving, Inc. - $284,050.00. Now Therefore, Be It Resolved that the low bid of $236,896.00 for Topkote, Inc. be accepted. Passed and approved this 24th day of February, 2015. 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 15-017,Version:1 Action on Resolution 15-017, a Resolution awarding the contract on Project 2015-07STI, Asphalt Concrete Freight On Board Project. Summary: This resolution will award bids for the 2015-07STI, Asphalt Concrete Freight On Board Project. Background: This project is the annual street maintenance project that provides the asphalt patching material that the Street Department picks up at the plant to repair asphalt pavement throughout the City. The Street Department staff also uses the materials to overlay small street areas which are usually one block long or shorter. A bid letting was held on Tuesday, February 17, 2015 and the City received the following bid: Bowes Construction Co., Inc.$86,575.00 The total low bid is approximately 0.5% higher than the engineer’s estimate of $86,175.00. Fiscal Impact: This project will be funded from the Street Department budget. Recommendation: Recommend awarding the project to Bowes Construction, Inc. for the low bid of $86,575.00. Attachments: Resolution City of Brookings Printed on 2/18/2015Page 1 of 1 powered by Legistar™ Resolution 15-017 Resolution Awarding Bids on Project 2015-07STI Asphalt Concrete Freight On Board Project Whereas, the City of Brookings opened bids for Project 2015-07STI Asphalt Concrete Freight On Board Project on Tuesday, February 17, 2015 at 1:30 pm at the Brookings City and County Government Center; and Whereas, the City of Brookings has received the following bid for Project 2015-07STI Asphalt Concrete Freight on Board Project: Bowes Construction Co., Inc.: $86,575.00. Now Therefore, Be It Resolved that the total low bid of $86,575.00 for Bowes Construction Co., Inc., Brookings, SD be accepted. Passed and approved this 24th day of February, 2015. 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 15-018,Version:1 Action on Resolution 15-018, a Resolution to award the contract for the purchase of a Pit Type Truck Scale. Summary: Four bids were received on February 10, 2015 for a new pit type truck scale for City of Brookings Landfill Department. The bid included trading in our 1993 70 foot long by 10 foot wide scale. The amount budgeted for the purchase was $150,000.00 in the 2015 Capital Improvement Plan. Three of the scale companies did not meet the bid specifications. The areas that were not met are in the warranty, not submitting plans for the project, demolition of old scale area, submitting bid and listing other costs outside of their total bid price, scale capacity, bidding mechanical scale instead of electronic, listing two different display models, failing to list references to check, placement of temporary scale and matching the PDOX software and software support. Background: The current scale at the landfill was purchase in 1993 when the landfill was opened. The scale had a 10-year life expectancy on our fixed asset list. We have been fortunate to have used it for an additional 12 years. We had a complete assessment of the scale done in 2012 and were informed it had approximately three years of remaining life. For the landfill to continue using this current scale for 2015 it would require approximately $15,800.00 of maintenance repairs and produce only a temporary fix. Fiscal Impact: The bid came in over budget at $179,324.77 plus trade-in of $3,000.00 for a total of $176,324.77. The amount over the $150,000.00 of $26,324.77 is due to setup cost of a temporary scale so we can continue to do our daily business. This is a public enterprise fund and can cash flow the overage. Recommendation: Staff recommends acceptance of the higher bid from Vandenberg Scales for the amount of $176,324.77. Attachments: Resolution City of Brookings Printed on 2/18/2015Page 1 of 1 powered by Legistar™ Resolution 15-018 Resolution Awarding Bids for the purchase of a Pit-Type Truck Scale Whereas, the City of Brookings has received four bids on February 10 th, 2015 for one (1) Pit Type Truck Scale for the City of Brookings Landfill: Company Bid price Trade-In Total Cost Vande Berg Scales, Sioux Center, IA $ 179,324.77 $ 3,000.00 $ 176,324.77 Webster Scale, Webster, SD $ 152,484.18 $ 3,000.00 $ 149,484.18 K-Scales, LLC, Sioux Falls, SD $ 126,649.00 $ 1,500.00 $ 125,149.00 Prairie Scales, Horace, ND $ 179,500.00 $ 3,500.00 $ 176.000.00 Now Therefore, Be it Resolved that the bid from Vandenberg Scales in the amount of $176,324.77 be accepted. Passed and approved this 24th day of February, 2015. 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 15-005,Version:1 First Reading and Introduction on Ordinance 15-005, an Ordinance amending Article V of Chapter 2 of the Code of Ordinances of the City of Brookings, SD and pertaining to the Human Rights Committee of the City of Brookings. Public Hearing: March 24, 2015. Summary: Ordinance 15-005 will change the Committee to a Commission and expand its scope and work. Background: The Brookings Human Rights Committee was created in 1985 with the intention of becoming a Human Rights Commission at a later date. As a Committee, its role has been to promote human and civil rights for all its citizens and visitors by providing educational opportunities; studying and determining the existence, character, causes and extent of discrimination; and receiving, investigating and conciliating complaints alleging discrimination. The transition from Committee to Commission would give the community a clear message that Brookings is committed to becoming an inclusive community. The Commission designation comes with inherent powers and responsibilities that demonstrate to the public that the City takes human rights issues seriously. A Commission can bring energy and enhance the legitimacy with which the City addresses the legal and ethical issues surrounding the rights of community members. While a Committee can provide activities and support, a Commission can meaningfully aid businesses and individuals with questions, concerns and resolutions. Commissions (HRCs) serve a vital role in imparting the value of diversity, raising awareness of discrimination, educating the community about existing remedies, and providing guidance and resources to city officials. HRCs are important bridges between residents and their city. Having the ability to enforce nondiscrimination protections allow HRCs to realize these values and goals to the fullest extent. By accepting complaints and first attempting to resolve discriminatory practices through mediation, HRCs can be on the forefront of safeguarding the rights of vulnerable members of the community. At the same time, HRCs can help reduce costly litigation through the conciliation process. HRCs give residents an avenue of redress that they otherwise would not have. In this way, HRCs help ensure that nondiscrimination laws protect everyone equally in practice. Fiscal Impact: City of Brookings Printed on 2/18/2015Page 1 of 2 powered by Legistar™ File #:ORD 15-005,Version:1 No change is anticipated to the Committee’s current budget of $4,284. Recommendation: Approval from the Human Rights Commission; City Manager recommendation pending, but will be made at second reading. Attachments: Ordinance (with amendments) Ordinance (clean) City of Brookings Printed on 2/18/2015Page 2 of 2 powered by Legistar™ 1 Ordinance No. 15-005 An Ordinance Amending Article V. of Chapter 2 of the Code of Ordinances of the City of Brookings, South Dakota and Pertaining to the Human Rights Committee of the City of Brookings Committees. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I Section 2-141. Definitions. For the purposes of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADA. The Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq. AGE. Chronological age of any person. CITY ATTORNEY. The duly appointed attorney for the city or such person designated by the city attorney. COMMISSION. The Brookings Human Rights Commission. COMPLAINANT. A person for or on whose behalf a complaint alleging unlawful discrimination has been filed or issued. DISABILITY. A physical or mental impairment of a person resulting from disease, injury, congenital condition of birth or functional disorder which substantially limits one or more of the person’s major life functions; a record of having an impairment; or being regarded as having an impairment which: (1) For purposes of Section 2-143 (1) through (3), inclusive, is unrelated to an individual’s ability to perform the major duties of a particular job or position, or is unrelated to an individual’s qualifications for employment or promotion; (2) For purposes of Section 2-143 (4) and (8) is unrelated to an individual’s ability to acquire, rent, or maintain property; and (3) For purposes of Section 2-143 (5) and (6) is unrelated to an individual’s ability to utilize and benefit from opportunities, programs, and facilities of the accommodations and services. DISCRIMINATION. Any unlawful act or attempted unlawful act which, because of sex, race, color, creed, religion, ancestry, disability, national origin, familial status, marital status, gender identity, or sexual orientation results in the unequal treatment or separation or segregation of any person, or denies, prevents, limits or otherwise adversely affects, or if accomplished would deny, prevent, limit or otherwise adversely affect the benefit or enjoyment by any person of 2 employment, membership in a labor union organization, ownership or occupancy of real property, a public accommodation, a public service or an educational institution. Except as provided in Section 2-155(16), the DISCRIMINATION is unlawful and is a violation of this chapter. EDUCATIONAL INSTITUTION. Any university, college or school operating within the city including any school, institution or organization for vocational training, but the term shall not apply to the students of, or the education provided by, any school maintained and operated by a religious corporation, or association solely for the benefit of its own membership. EMPLOY. To use or be entitled to the use and benefit of the services of a person as an employee. EMPLOYEE. Any and all persons who perform services for any employer for compensation, whether in the form of wages, salary, commission or otherwise. EMPLOYER. Any person within the city who hires or employs any employee, and any person wherever situated who hires or employs any employee whose services are to be partially or wholly performed in the city, but the word EMPLOYER shall not include any person with respect to the hiring or employment of a household domestic employee, or any religious corporation, association or society with respect to the hiring or employment of individuals of a particular religion, when religion shall be a bona fide occupational qualification for employment, provided the selection is not based on race, color, sex, creed, religion, ancestry, national origin, disability, marital status, gender identity, or sexual orientation. EMPLOYMENT. The state of being employed as an employee by an employer. EMPLOYMENT AGENCY. Any person regularly undertaking, with or without compensation, to procure employees for any employer or to procure for employees opportunities to work for any employer and includes any agent of the person. FAMILIAL STATUS. (1)One or more individuals under the age of eighteen (18) domiciled with one of the following: A. A parent or another person having legal custody of the individual or individuals. B. The designee of the parent or the other person having custody of the individual or individuals, with the written permission of the parent or other person. (2)Protections against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years. GENDER IDENTITY or EXPRESSION. A term meaning a gender-related identity, appearance, expression or behavior of an individual regardless of the individual’s assigned sex at birth. 3 HIRE. To engage or contract for or attempt to engage or contract for the services of any person as an employee. LABOR ORGANIZATION. Any person, employee representation commission or plan in which employees participate and which exists wholly or in part for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment and shall include any conference, general commission, joint or system board or joint council. LAWYER. A person duly authorized and licensed by the state to engage in the practice of law. MARITAL STATUS. The state of being married, single, divorced, separated or widowed. PERSON. Includes one or more individuals, partnerships, associations, corporations, unincorporated organizations, mutual companies, joint stock companies, trusts, agents, legal representatives, trustees, trustees in bankruptcy, receivers, labor organizations, public bodies, public corporations and the state and all political subdivisions and agencies thereof. PUBLIC ACCOMMODATION. Each and every place, establishment or facility of whatever kind, nature or class that caters or offers services, facilities or goods to the general public for a fee or charge. Each and every place, establishment or facility that caters or offers services, facilities or goods to the general public gratuitously shall be deemed a public accommodation if the accommodation receives any substantial governmental support or subsidy. Public accommodation shall not mean any bona fide private club or other place, establishment or facility which is by its nature distinctly private, except that, when such distinctly private place, establishment or facility caters or offers services, facilities or goods to the general public for a fee or charge or gratuity, it shall be deemed a public accommodation during such period. PUBLIC SERVICES. The services or facilities provided within the city to the general public including those provided by any public facility, department, agency, board or commission, owned, operated or managed by or on behalf of the state, any political subdivision thereof, or any other public corporation. REAL ESTATE BROKER or REAL ESTATE SALESPERSON. A real estate broker and a real estate salesperson as defined by state law. REAL PROPERTY. Any right, title, interest in or to the possession, ownership, enjoyment or occupancy of any parcel of land, any building situated thereon, or any portion of the building in the city. RESPONDENT. A person against whom a complaint alleging unlawful discrimination has been filed or issued. SEXUAL HARASSMENT. A form of sex discrimination. Sexual harassment may take the form of deliberate or repeated comments, questions, representations or physical contacts of a sexual 4 nature which are unwelcome to the recipient. Sexual harassment may also take the form of conduct that has the purpose or effect of creating an intimidating, hostile or offensive environment. SEXUAL ORIENTATION. A term describing a person’s attraction to members of the same sex and/or a different sex, usually defined as lesbian, gay, bisexual, heterosexual, or asexual. Section 2-142. Declaration of Policy and Purpose. It is the public policy of the city and the purpose of this chapter: (1)That discriminatory practices based on race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations and public services, or any of them, tend to create and intensify conditions of poverty, ill health, unrest, lawlessness and vice and adversely affect the public health, safety, order, convenience and general welfare; the rights, privileges and opportunities threatened by those discriminatory practices are hereby declared to be civil rights; (2)To declare as civil rights the rights of all persons to the fullest extent of their capacities, and without regard to race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, equal opportunities with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations and public services; (3)To prevent and prohibit, to the extent permitted by law, any and all discriminatory practices based on race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations or public services; (4)To protect all persons from unfounded charges of discriminatory practices; and (5)To effectuate this policy by means of public information and education, mediation and conciliation, and enforcement. Section 2-143. Act of Discrimination. Without limitation, the following are declared to be discrimination: (1)For an employer, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, sexual orientation, to fail or refuse to hire, to discharge an employee, or to accord adverse, unlawful or unequal treatment to any person or employee with respect to application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, layoff, discharge, or any term or condition of employment; 5 (2)For an employment agency, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, to accord adverse or unequal treatment to any person in connection with any application for employment, any referral or any request for assistance in procurement of employees, or to accept any listing of employment on that basis; (3)For any labor organization, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, to deny full and equal membership rights to an applicant for membership or to a member; to expel, suspend or otherwise discipline a member; or to accord adverse, unlawful or unequal treatment to any person with respect to his or her hiring, apprenticeship, training, tenure, compensation, upgrading, layoff or any term or condition of employment; (4)For any owner of rights to housing or real property, or any person acting for an owner, with or without compensation, including any person licensed as a real estate broker or salesman, attorney, auctioneer, agent or representative by power of attorney or appointment, or to any person acting under court order, Trust, or Will, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, to fail or refuse to sell, rent, assign or otherwise transfer any real property to any other person, or to accord adverse, unlawful, or unequal treatment to any person with respect to the acquisition, occupancy, use and enjoyment of any real property. The provisions of this section do not apply to rooms or units in dwellings that contain living quarters for no more than two families living independently of each other, if the owner maintains and occupies one of the living quarters as his or her residence. (a) For the purposes of determining discrimination based on familial status, a FAMILY is one or more individuals under the age of 18 who are domiciled with their parent, legal custodian or person granted custody with permission of the parent or custodian. This definition includes a person who is pregnant or in the process of securing custody of a person under the age of 18. Discrimination based on familial status applies to housing accommodations only. (b) The provisions of this section as they refer to familial status do not apply to residences publicized as specifically designated for older or disabled residents if: (1) A state or federal program has designated the residence for the elderly; (2) The residences are intended for and solely occupied by persons 62 years of age or older; or (3) Facilities and services for the residence are designed to meet the needs of the elderly, and at least 80% of the units are occupied or intended to be occupied by one or more persons 55 years of age or older. (c) It is an unfair or discriminatory practice to design or construct for first occupancy any multi-family dwelling with more than four units for sale, rent, lease, assignment, 6 sublease or transfer that does not enable accessibility to ground floor common areas and usability of ground floor housing units by disabled persons or by wheelchairs. If the building has elevators, all housing units and common areas shall be usable by disabled persons and persons in wheelchairs. The accommodations may include widened doors, lowered electrical switches and outlets, lowered environmental controls, grab bars or reinforcements, kitchens and bathrooms usable by the disabled. Nothing in this provision may be construed to require prior approval of plans for construction by the commission. (d) It is also discriminatory to refuse to permit, at the expense of the disabled person, reasonable modifications of existing property that may be necessary to afford full enjoyment of the property. The landlord may, where it is reasonable to do so, condition permission for remodification on the renter’s agreeing to restore the premises to the condition that existed prior to the modification at the conclusion of renter’s tenancy, reasonable wear and tear excepted. (5)For any person engaged in the provision of public accommodations, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, to fail or refuse to provide to any person access to the use of and benefit from the services and facilities of those public accommodations; or to accord adverse, unlawful, or unequal treatment to any person with respect to the availability of the services and facilities, the price or other consideration therefor, the scope and quality thereof, or the terms and conditions under which such are made available, including terms and conditions relating to credit, payment, warranties, delivery, installation and repair; (6)For any person engaged in the provision of public services, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, to fail or refuse to provide to any person access to the use and benefit thereof, or the terms and conditions under which such are made available; (7)For any person, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, directly or indirectly, to conceal any unlawful discrimination; to aid, abet, compel, coerce, incite or induce another person to discriminate; or by any means, trick, artifice, advertisement or sign, to use any form of application, or make any record or inquiry, or device whatsoever to bring about or facilitate discrimination; or to engage in or threaten to engage in any reprisal, economic or otherwise, against any person because of the latter’s filing a charge, testifying or assisting in the observance and support of the purposes and provisions of this chapter; (8)For any person, bank, banking organization, mortgage company, insurance company or other financial institution or lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair or maintenance 7 of any real property or any agent or employee thereof to discriminate against any person or group of persons, because of the race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation of the person or group of persons or of the prospective occupants or tenants of the real property in the granting, withholding, extending, modifying, renewing or in the rates, terms, conditions and the extension of services in connection therewith; (9)Wherever religious organizations or bodies are exempt from any of the provisions of this chapter, the exemption shall apply only to religious qualifications for employment or residence in church-owned or church-operated property, and the organizations shall not be exempt from any provisions of this chapter relating to discrimination based upon race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation; (10)Nothing contained in this chapter shall apply to any business or enterprise on or near a Native American Indian reservation with respect to any publicly announced employment practice of the business or enterprise under which a preferential treatment is given to any individual because the individual is an Indian living on or near a reservation; (11)Nothing in this chapter requires the following people to modify property in any way, incur any additional expenses, or exercise a higher degree of care for persons having a disability than for a person who does not have a disability nor does this chapter relieve any person of any obligations generally imposed on all persons, regardless of any disability, in a written lease, rental agreement, or contract of purchase or sale, or to forbid distinctions based on the inability to fulfill the terms and conditions, including, but not limited to, financial obligations of the lease, agreement or contract: (a) Employer; (b) Provider of public accommodations; (c) Provider of public services; (d) Person selling, renting, or leasing real property; (e) Person acting on behalf of any of the persons listed in a-d above, with or without compensation, including but not limited to any person licensed as a real estate broker or salesman, attorney, auctioneer, agent, or representative by power of attorney or appointment; and (f) Person acting under court order, Trust or Will. Section 2-144. Contracts with City. The city and all of its contracting agencies, departments, and units shall include in all contracts entered into or renewed or extended provisions whereby each contracting party agrees that: (1)With respect to any and all business conducted or acts performed pursuant to the contract, the other contracting party shall be deemed an employer within the meaning of this chapter and shall be subject to the provisions of this subchapter; (2)If the other contracting party fails to perform the contractual provisions, the contract may forthwith be terminated and cancelled in whole or in part by the city, and the other contracting party shall be liable for any costs or expense incurred by it in obtaining from 8 other sources the work and services to be rendered or performed or the goods or properties to be furnished or delivered to the city under the contract so terminated or cancelled; (3)Should the commission in a proceeding brought as provided in this chapter find that the contracting party has engaged in discrimination in connection with any contract and issue a cease and desist order with respect thereto, the city shall withhold up to 15% of the contract price until such time as the commission’s order has been complied with or the other contracting party has been adjudicated not guilty of discrimination; (4)The other contracting party will permit access to any and all records pertaining to hiring and employment and to other pertinent data and records for the purpose of enabling the commission , its agencies or representatives, to ascertain compliance with the provisions of this chapter applicable to the other contracting party; and (5)This section shall be binding on all subcontractors and suppliers. Section 2-145. Responsibilities and Duties of City Employees. All officials, commissioners, agents, employees and servants of the city, elected and appointed, including civil service employees, and whether serving with or without compensation, shall observe the terms and provisions of this chapter and shall, except as expressly prohibited by law, respond promptly to any and all requests by the commission for information and for access to data and records for the purpose of enabling the commission to carry out its responsibilities under this chapter. The failure of any official, commissioner, agent, employee or servant of the city to comply with any provision of this chapter relating to any matter within the scope of his or her official duties shall be deemed a violation of this chapter. II. That the following Sections of Division 2 of Article V. and pertaining to Human Rights Committee Commission are amended to read as follows: Sec. Section 2-1461. Continued. The city has established in and for the city, a human rights committee commission. Sec. Section 2-1472. Composition. The human rights committee commission shall consist of ten members, nine of which shall be selected by the mayor with the advice and consent of the council, and one of which shall be selected by the board of county commissioners. In selecting members, due regard shall be given to representation of minority groups on the human rights committee commission. One member of the human rights committee commission selected by the mayor shall be a student enrolled in a post-secondary educational institution. Sec. Section 2-1483. Term of Ooffice; Ddate of Aappointment; Ccompensation. (1)(a) All members of the human rights committee commission shall serve for terms of three five years, except the student member who shall serve a one-year term. Any members whose term expires may be reappointed. 9 (2)(b) All members of the human rights committee commission shall serve without compensation. Sec. Section 2-1494. Vacancies. If a vacancy on the human rights committee commission occurs on a date other than the first Monday of the year, then the vacancy may be filled by appointment for a term not exceeding three years for the remainder of the vacated term, which term shall expire on the first Monday in January. If a member is absent from three consecutive regular meetings without authorization from the human rights commission, the member's seat may be considered vacant, and a new member may be appointed. Sec. Section 2-15045.Officers. The human rights committee commission shall designate from among its membership a chairperson, vice-chairperson, and such other officers and subcommittees as it may deem appropriate and necessary. Sec. Section 2-15146. Meetings. The human rights committee commission shall meet at such times and places as may be determined by such committee commission. Section 2-152. Quorum. Six members of the commission shall constitute a quorum for probable cause determination pursuant to Section 2-159.Three members of the commission shall constitute a quorum for public hearing panels pursuant to Section 2-161. A majority of the voting members then holding a current appointment shall constitute a quorum for the transaction of all other business. Section 2-153. Rules, Regulations. The commission shall adopt suitable rules and regulations for the conduct of its operations and the effectuation of the purposes of this chapter. Sec. Section 2-15447. Purpose. The purpose of the Brookings Human Rights Committee Commission (BHRC) is to improve human relations and civil rights in the Brookings area by fighting discrimination through educational efforts and a complaint resolution procedure. The Except as limited by Section 2-155(1516),the committee commission has the power to investigate complaints alleging discrimination against individuals or groups because of their sex, race, color, creed, religion, ancestry, disability, familial status, or national origin, with respect to origin, with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations or public services. Sec. Section 2-15548.Powers generally. Substantive and Procedural Authority and Duties. The powers authority and duties of the Brookings Human Rights Committee Commission shall be to: (1)Promote human and civil rights for all its citizens and visitors. 10 (2)Promote a mutual understanding and respect among all racial, religious and nationality groups and work to discourage and prevent discriminatory practices against any such group. (3)Attempt to foster, through community effort or otherwise, goodwill, cooperation and conciliation. (4)Study and determine the existence, character, causes and extent of discrimination in employment, housing accommodations, property rights, education, public accommodations, public services in the city, and discrimination based on age, disability, marital status, familial status, ethnicity, religion, sexual orientation, gender identity and political affiliation. The study and determination of discrimination is based on a broad understanding of civil and human rights as embodied in the 1964 Civil Rights Act as amended, which includes race, color, religion, gender and country of origin. (5)Seek to prevent and eliminate bias and discrimination because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation by means of education, persuasion, conciliation and, to the extent permitted, enforcement, and utilize all the powers at its disposal to carry into execution the provisions of this chapter. (6)Receive or, on the basis of its own information, initiate complaints, to the extent permitted, alleging discrimination and conduct those investigations and inquiries as may reasonably appear necessary to find the facts with respect thereto. (7)Conduct public meetings and hearings, gather and disseminate information to governmental agencies and to the public. (8)Utilize the records and services of municipal, state and federal governmental departments and agencies to the extent permitted by law, and pursuant to agreement with departments and agencies may refer matters for preliminary inquiry, conciliation, hearings and findings. (9)Furnish to any appropriate state or federal agency having jurisdiction in the premises a transcript of the proceedings and findings in any case in which a court of competent jurisdiction or the commission has, after hearings, found that any person has unlawfully discriminated. (10)Execute programs of compliance review designed to determine whether persons whose contract with the city are observing the terms of this chapter; and to that end the commission shall have power to require the persons to submit periodic reports concerning hiring, compensation, promotion and discharge policies and the racial, religious, national composition and such other reports pertaining to their work force which are deemed necessary, failure to provide the information shall constitute grounds 11 for the city to terminate any contract in effect between the city and the person so failing to comply. (5)Advise and provide a forum for those who have been subje4cted to unfair and discriminatory practices in the city. (6)To receive, investigate and conciliate complaints alleging discrimination and where probable cause for discrimination is found to exist, refer the complaint to the appropriate governmental agency. The human rights committee shall develop rules of procedure subject o approval of the city council. (11)(7) Enlist the cooperation of various racial, religious and ethnic groups, community, civil, labor and business organizations, student organizations, fraternal and benevolent associations, veterans’ organizations, and other groups in educational campaigns and programs devoted to teaching the need for eliminating group tensions, prejudices, intolerance, bigotry and unlawful discrimination. (12)(8) Cooperate with federal, state and city agencies in developing programs showing the contributions of the various groups to the culture and traditions of our city and nation, the menace of prejudice, intolerance, bigotry and unlawful discrimination and the need for mutual respect. (13)(9) Advise the mayor, city council members, city manager and the respective departments of the city concerning matters consistent with the purposes and powers of the human rights committee commission. (14)(10) Recommend ordinances and other legislation pertinent to the purposes of protection of human rights. (15)(11) Conduct educational programs and disseminate information in furtherance of the purposes and policies of the human rights committee commission. (16)(12)Hear and investigate complaints alleging discrimination regarding the City of Brookings, in accordance with the grievance procedures for ADA grievances adopted by resolution of the city. Pursuant to State law, there is presently no legal authority to investigate complaints alleging discrimination because of marital status, gender identity or sexual orientation. Accordingly, until State law authorizes municipalities, pursuant to SDCL 20-12-4, to investigate discriminatory practices based on marital status, gender identity or sexual orientation, these discriminating practices cannot be investigated or enforced by the Human Rights Commission. Section 2-156. Filing Complaint. (1)Any person claiming to be aggrieved by a discriminatory practice may file with the commission a verified written complaint which shall state the name and address of each person complained against (respondent) and shall set forth the pertinent facts as known 12 to the complainant. Except as limited by Section 2-155(16), whenever the commission has information indicating that any person has been discriminated, it may issue and file a verified complaint. (2)The city may, however, dismiss a complaint if the complainant fails to state a claim upon which relief can be granted, or if the city determines the complaint has been abandoned or withdrawn if the city determines the city is not authorized by State Law to enforce compliance. Section 2-157. Time for filing Complaint. Any complaint filed under this Chapter shall be filed within one hundred eighty (180) days after the last occurrence of an alleged discriminatory or unfair practice. Section 2-158. Service of Respondent and Answer. Promptly upon the filing of any complaint, the commission shall serve a copy thereof, by personal service or registered or certified mail, upon the respondent. Respondent shall file a written answer thereto within ten calendar days after receipt thereof or within any period of extension granted by the representative of the city as designated by the commission. Section 2-159. Determination of Probable Cause. (1)The commission shall proceed to make the investigation as it may deem appropriate to determine whether there is probable cause to believe that the allegations of discrimination are well founded. If there is no probable cause to believe that the allegations of discrimination are well founded, the commission shall dismiss the complaint. If, after investigation, it is found that probable cause to believe that the allegations of discrimination are well founded, the commission shall transmit the finding of probable cause, along with the reasons for the finding and a recitation of the evidence and names of witnesses that support the finding, to both complainant and respondent. Both complainant and respondent shall be permitted to inspect any documents not prepared by the commission in the files of the commission that are relevant to the determination of probable cause. If there is probable cause to believe that the allegations of discrimination are well founded, and the matter has not been satisfactorily resolved, the parties shall be served notice of the time and place of a conciliation conference by personal service or registered or certified mail at least five business days prior thereto. (2)No later than 20 days after notice of the finding of probable cause and prior to hearing, the complaining party or the respondent may elect to have the claims asserted in the complaint decided in a circuit court in lieu of a hearing before the commission. Parties shall be notified of their right to this election in the notice of the finding of probable cause. Upon receipt of notice of election, the commission shall have no further jurisdiction over the parties concerning the charge filed. In a civil action, if a court or jury finds that an unfair or discriminatory practice has occurred, it may award the charging party compensatory damages. The court may grant as relief any injunctive order including affirmative action. Punitive damages may be awarded under SDCL 21-3-2 for a 13 violation of this chapter as they pertain to housing. Attorney’s fees and costs may be awarded to the prevailing party for housing matters. Section 2-160. Conciliation. The conciliation conference shall be conducted by a representative of the city, who shall attempt to achieve a just resolution and obtain assurances that the respondent will eliminate unfair or discriminatory practices and take appropriate affirmative action. The settlement terms shall be set forth in a conciliation agreement which shall be signed by the complainant, respondent and the commission chairperson. Section 2-161. Public Hearing. (1)If the matter before the commission cannot be resolved by the conciliation conference panel, the matter shall be set for public hearing. The parties shall be served notice of the time and place of a public hearing by personal service or registered or certified mail at least ten days prior thereto. The notice shall include a statement informing the parties of their right to transfer the matter to the circuit court. The public hearing shall be conducted by a public hearing panel which shall be composed of three commissioners, none of whom shall have been involved in the investigation, determination of probable cause or conciliation. (2)The public hearing panel shall have authority to conduct prehearing conferences, to subpoena witnesses to appear, testify and produce records, books, papers and other documents, to administer oaths, to take testimony, to receive evidence, to examine and cross examine witnesses and issue orders authorized by this chapter. (3)Both complainant and respondent shall appear in person at the hearing and may be represented by counsel. Both may, in accordance with the order of procedures as may be determined by the public hearing panel, present evidence, call witnesses and present arguments bearing upon the facts alleged in the complaint. (4)All witnesses, including complainant and respondent, may be examined and cross examined. The hearing may consist of a bifurcated proceeding without direct and cross examination if the commission deems it appropriate in the circumstances. The conduct of the hearing will be within the sole discretion of the commission. The public hearing panel shall not be bound by the strict rules of evidence applicable to judicial proceedings, but its findings must be based upon competent evidence. Each witness at the hearing shall testify under oath. A stenographic record shall be made of the proceedings or an electronic device may be used. In a judicial review, the commission may, upon request, furnish the complainant and respondent each with a copy of the transcript of the hearing without charge. Section 2-162. Dismissal of Complaint. (1)If the commission determines that allegations of discrimination are not well founded, that the unlawful act or practice complained of has been satisfactorily eliminated and that further proceedings are unnecessary, or the allegations complained of are being 14 processed or have been addressed, to the satisfaction of the commission by another agency or court, it may order the dismissal of the complaint. It shall within five days of the determination serve notice of the order upon the complainant and respondent by personal service or registered or certified mail. (2)The public hearing panel may also take and direct the affirmative action as in the judgment of the public hearing panel will effectuate its purposes. The powers of the public hearing panel are coextensive with the powers of the state human rights commission as set forth in SDCL 20-13-42. These powers include awarding compensation incidental to the violation other than pain and suffering, punitive or consequential damages; costs allowed under SDCL Ch. 15-17 and any other appropriate relief including reasonable attorney fees for housing matters as in the judgment of the public hearing panel will effectuate the purposes of this chapter. (3)Further, the public hearing panel may order the respondent to cease and desist from discriminatory or unfair practices and to take the affirmative action including hiring, reinstatement, or upgrading of employees with or without back pay, the referring of applicants for employment by any respondent employment agency, and the remittance or restoration of membership by any respondent labor organization. Section 2-163. Depositions and Discovery. The commission, through the city attorney’s office, shall have power to cause the deposition of witnesses to be taken or other discovery procedure to be conducted upon notice to the interested person in like manner that depositions of witnesses are taken or other discovery procedure is to be conducted in civil actions pending in court in any manner concerning contested cases. Section 2-164. Prosecution of Violation. (1)If a respondent fails to comply with a conciliation agreement or fails to obey an order issued by the public hearing panel, the commission may request the city attorney to prosecute the respondent in a court of competent jurisdiction for violation of the terms of this chapter. The failure of a person to obey a subpoena issued pursuant to this chapter may be punished as contempt of court. The commission shall render to the city attorney assistance as requested in connection with any prosecution. (2)The commission or a party may obtain an order of the court for the enforcement of the provisions of this chapter. The court may allow the prevailing party reasonable attorney’s fees and costs against the respondent. The court may also assess a civil penalty against the respondent in an amount not to exceed $10,000 for willful or repeated violations or refusal to comply with the order of the commission. Section 2-165. Rights of Parties to seek Judicial Determination. Nothing contained in this ordinance shall be construed to limit the right of the complainant to make and file a complaint, nor to preclude, abridge or restrict the right of appeal or the right of 15 anyone concerned or affected to a review of the facts and issues in a court of competent jurisdiction on the evidence and merits in any matter involved. Section 2-166. Application to Other Disabilities. The commission, to the extent permitted by law, is authorized to apply any portion of this chapter which it may deem applicable to deal with discriminatory actions and practices against individuals or groups disadvantaged by reason of physical, mental or social handicap and not otherwise within the purview of this chapter. Section 2-167. Time Limit for filing Complaint. Any complaint filed under this chapter shall be filed within One Hundred Eighty (180) days after the alleged discriminatory or unfair practice occurred. III. Any or all ordinances in conflict herewith are hereby repealed. First Reading: Second Reading: Published: CITY OF BROOKINGS, SD ATTEST:Tim Reed, Mayor Shari Thornes, City Clerk 1 Ordinance No. _____-15 An Ordinance Amending Article V. of Chapter 2 of the Code of Ordinances of the City of Brookings, South Dakota and Pertaining to the Human Rights Committee of 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 2-141. Definitions. For the purposes of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADA. The Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq. AGE. Chronological age of any person. CITY ATTORNEY. The duly appointed attorney for the city or such person designated by the city attorney. COMMISSION. The Brookings Human Rights Commission. COMPLAINANT. A person for or on whose behalf a complaint alleging unlawful discrimination has been filed or issued. DISABILITY. A physical or mental impairment of a person resulting from disease, injury, congenital condition of birth or functional disorder which substantially limits one or more of the person’s major life functions; a record of having an impairment; or being regarded as having an impairment which: (1) For purposes of Section 2-143 (1) through (3), inclusive, is unrelated to an individual’s ability to perform the major duties of a particular job or position, or is unrelated to an individual’s qualifications for employment or promotion; (2) For purposes of Section 2-143 (4) and (8) is unrelated to an individual’s ability to acquire, rent, or maintain property; and (3) For purposes of Section 2-143 (5) and (6) is unrelated to an individual’s ability to utilize and benefit from opportunities, programs, and facilities of the accommodations and services. DISCRIMINATION. Any unlawful act or attempted unlawful act which, because of sex, race, color, creed, religion, ancestry, disability, national origin, familial status, marital status, gender identity, or sexual orientation results in the unequal treatment or separation or segregation of any person, or denies, prevents, limits or otherwise adversely affects, or if accomplished would deny, prevent, limit or otherwise adversely affect the benefit or enjoyment by any person of 2 employment, membership in a labor union organization, ownership or occupancy of real property, a public accommodation, a public service or an educational institution. Except as provided in Section 2-155(16), the DISCRIMINATION is unlawful and is a violation of this chapter. EDUCATIONAL INSTITUTION. Any university, college or school operating within the city including any school, institution or organization for vocational training, but the term shall not apply to the students of, or the education provided by, any school maintained and operated by a religious corporation, or association solely for the benefit of its own membership. EMPLOY. To use or be entitled to the use and benefit of the services of a person as an employee. EMPLOYEE. Any and all persons who perform services for any employer for compensation, whether in the form of wages, salary, commission or otherwise. EMPLOYER. Any person within the city who hires or employs any employee, and any person wherever situated who hires or employs any employee whose services are to be partially or wholly performed in the city, but the word EMPLOYER shall not include any person with respect to the hiring or employment of a household domestic employee, or any religious corporation, association or society with respect to the hiring or employment of individuals of a particular religion, when religion shall be a bona fide occupational qualification for employment, provided the selection is not based on race, color, sex, creed, religion, ancestry, national origin, disability, marital status, gender identity, or sexual orientation. EMPLOYMENT. The state of being employed as an employee by an employer. EMPLOYMENT AGENCY. Any person regularly undertaking, with or without compensation, to procure employees for any employer or to procure for employees opportunities to work for any employer and includes any agent of the person. FAMILIAL STATUS. (1)One or more individuals under the age of eighteen (18) domiciled with one of the following: A. A parent or another person having legal custody of the individual or individuals. B. The designee of the parent or the other person having custody of the individual or individuals, with the written permission of the parent or other person. (2)Protections against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years. GENDER IDENTITY or EXPRESSION. A term meaning a gender-related identity, appearance, expression or behavior of an individual regardless of the individual’s assigned sex at birth. 3 HIRE. To engage or contract for or attempt to engage or contract for the services of any person as an employee. LABOR ORGANIZATION. Any person, employee representation commission or plan in which employees participate and which exists wholly or in part for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment and shall include any conference, general commission, joint or system board or joint council. LAWYER. A person duly authorized and licensed by the state to engage in the practice of law. MARITAL STATUS. The state of being married, single, divorced, separated or widowed. PERSON. Includes one or more individuals, partnerships, associations, corporations, unincorporated organizations, mutual companies, joint stock companies, trusts, agents, legal representatives, trustees, trustees in bankruptcy, receivers, labor organizations, public bodies, public corporations and the state and all political subdivisions and agencies thereof. PUBLIC ACCOMMODATION. Each and every place, establishment or facility of whatever kind, nature or class that caters or offers services, facilities or goods to the general public for a fee or charge. Each and every place, establishment or facility that caters or offers services, facilities or goods to the general public gratuitously shall be deemed a public accommodation if the accommodation receives any substantial governmental support or subsidy. Public accommodation shall not mean any bona fide private club or other place, establishment or facility which is by its nature distinctly private, except that, when such distinctly private place, establishment or facility caters or offers services, facilities or goods to the general public for a fee or charge or gratuity, it shall be deemed a public accommodation during such period. PUBLIC SERVICES. The services or facilities provided within the city to the general public including those provided by any public facility, department, agency, board or commission, owned, operated or managed by or on behalf of the state, any political subdivision thereof, or any other public corporation. REAL ESTATE BROKER or REAL ESTATE SALESPERSON. A real estate broker and a real estate salesperson as defined by state law. REAL PROPERTY. Any right, title, interest in or to the possession, ownership, enjoyment or occupancy of any parcel of land, any building situated thereon, or any portion of the building in the city. RESPONDENT. A person against whom a complaint alleging unlawful discrimination has been filed or issued. SEXUAL HARASSMENT. A form of sex discrimination. Sexual harassment may take the form of deliberate or repeated comments, questions, representations or physical contacts of a sexual 4 nature which are unwelcome to the recipient. Sexual harassment may also take the form of conduct that has the purpose or effect of creating an intimidating, hostile or offensive environment. SEXUAL ORIENTATION. A term describing a person’s attraction to members of the same sex and/or a different sex, usually defined as lesbian, gay, bisexual, heterosexual, or asexual. Section 2-142. Declaration of Policy and Purpose. It is the public policy of the city and the purpose of this chapter: (1)That discriminatory practices based on race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations and public services, or any of them, tend to create and intensify conditions of poverty, ill health, unrest, lawlessness and vice and adversely affect the public health, safety, order, convenience and general welfare; the rights, privileges and opportunities threatened by those discriminatory practices are hereby declared to be civil rights; (2)To declare as civil rights the rights of all persons to the fullest extent of their capacities, and without regard to race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, equal opportunities with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations and public services; (3)To prevent and prohibit, to the extent permitted by law, any and all discriminatory practices based on race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations or public services; (4)To protect all persons from unfounded charges of discriminatory practices; and (5)To effectuate this policy by means of public information and education, mediation and conciliation, and enforcement. Section 2-143. Act of Discrimination. Without limitation, the following are declared to be discrimination: (1)For an employer, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, sexual orientation, to fail or refuse to hire, to discharge an employee, or to accord adverse, unlawful or unequal treatment to any person or employee with respect to application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, layoff, discharge, or any term or condition of employment; 5 (2)For an employment agency, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, to accord adverse or unequal treatment to any person in connection with any application for employment, any referral or any request for assistance in procurement of employees, or to accept any listing of employment on that basis; (3)For any labor organization, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, to deny full and equal membership rights to an applicant for membership or to a member; to expel, suspend or otherwise discipline a member; or to accord adverse, unlawful or unequal treatment to any person with respect to his or her hiring, apprenticeship, training, tenure, compensation, upgrading, layoff or any term or condition of employment; (4)For any owner of rights to housing or real property, or any person acting for an owner, with or without compensation, including any person licensed as a real estate broker or salesman, attorney, auctioneer, agent or representative by power of attorney or appointment, or to any person acting under court order, Trust, or Will, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, to fail or refuse to sell, rent, assign or otherwise transfer any real property to any other person, or to accord adverse, unlawful, or unequal treatment to any person with respect to the acquisition, occupancy, use and enjoyment of any real property. The provisions of this section do not apply to rooms or units in dwellings that contain living quarters for no more than two families living independently of each other, if the owner maintains and occupies one of the living quarters as his or her residence. (a) For the purposes of determining discrimination based on familial status, a FAMILY is one or more individuals under the age of 18 who are domiciled with their parent, legal custodian or person granted custody with permission of the parent or custodian. This definition includes a person who is pregnant or in the process of securing custody of a person under the age of 18. Discrimination based on familial status applies to housing accommodations only. (b) The provisions of this section as they refer to familial status do not apply to residences publicized as specifically designated for older or disabled residents if: (1) A state or federal program has designated the residence for the elderly; (2) The residences are intended for and solely occupied by persons 62 years of age or older; or (3) Facilities and services for the residence are designed to meet the needs of the elderly, and at least 80% of the units are occupied or intended to be occupied by one or more persons 55 years of age or older. (c) It is an unfair or discriminatory practice to design or construct for first occupancy any multi-family dwelling with more than four units for sale, rent, lease, assignment, 6 sublease or transfer that does not enable accessibility to ground floor common areas and usability of ground floor housing units by disabled persons or by wheelchairs. If the building has elevators, all housing units and common areas shall be usable by disabled persons and persons in wheelchairs. The accommodations may include widened doors, lowered electrical switches and outlets, lowered environmental controls, grab bars or reinforcements, kitchens and bathrooms usable by the disabled. Nothing in this provision may be construed to require prior approval of plans for construction by the commission. (d) It is also discriminatory to refuse to permit, at the expense of the disabled person, reasonable modifications of existing property that may be necessary to afford full enjoyment of the property. The landlord may, where it is reasonable to do so, condition permission for remodification on the renter’s agreeing to restore the premises to the condition that existed prior to the modification at the conclusion of renter’s tenancy, reasonable wear and tear excepted. (5)For any person engaged in the provision of public accommodations, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, to fail or refuse to provide to any person access to the use of and benefit from the services and facilities of those public accommodations; or to accord adverse, unlawful, or unequal treatment to any person with respect to the availability of the services and facilities, the price or other consideration therefor, the scope and quality thereof, or the terms and conditions under which such are made available, including terms and conditions relating to credit, payment, warranties, delivery, installation and repair; (6)For any person engaged in the provision of public services, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, to fail or refuse to provide to any person access to the use and benefit thereof, or the terms and conditions under which such are made available; (7)For any person, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation, directly or indirectly, to conceal any unlawful discrimination; to aid, abet, compel, coerce, incite or induce another person to discriminate; or by any means, trick, artifice, advertisement or sign, to use any form of application, or make any record or inquiry, or device whatsoever to bring about or facilitate discrimination; or to engage in or threaten to engage in any reprisal, economic or otherwise, against any person because of the latter’s filing a charge, testifying or assisting in the observance and support of the purposes and provisions of this chapter; (8)For any person, bank, banking organization, mortgage company, insurance company or other financial institution or lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair or maintenance 7 of any real property or any agent or employee thereof to discriminate against any person or group of persons, because of the race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation of the person or group of persons or of the prospective occupants or tenants of the real property in the granting, withholding, extending, modifying, renewing or in the rates, terms, conditions and the extension of services in connection therewith; (9)Wherever religious organizations or bodies are exempt from any of the provisions of this chapter, the exemption shall apply only to religious qualifications for employment or residence in church-owned or church-operated property, and the organizations shall not be exempt from any provisions of this chapter relating to discrimination based upon race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation; (10)Nothing contained in this chapter shall apply to any business or enterprise on or near a Native American Indian reservation with respect to any publicly announced employment practice of the business or enterprise under which a preferential treatment is given to any individual because the individual is an Indian living on or near a reservation; (11)Nothing in this chapter requires the following people to modify property in any way, incur any additional expenses, or exercise a higher degree of care for persons having a disability than for a person who does not have a disability nor does this chapter relieve any person of any obligations generally imposed on all persons, regardless of any disability, in a written lease, rental agreement, or contract of purchase or sale, or to forbid distinctions based on the inability to fulfill the terms and conditions, including, but not limited to, financial obligations of the lease, agreement or contract: (a) Employer; (b) Provider of public accommodations; (c) Provider of public services; (d) Person selling, renting, or leasing real property; (e) Person acting on behalf of any of the persons listed in a-d above, with or without compensation, including but not limited to any person licensed as a real estate broker or salesman, attorney, auctioneer, agent, or representative by power of attorney or appointment; and (f) Person acting under court order, Trust or Will. Section 2-144. Contracts with City. The city and all of its contracting agencies, departments, and units shall include in all contracts entered into or renewed or extended provisions whereby each contracting party agrees that: (1)With respect to any and all business conducted or acts performed pursuant to the contract, the other contracting party shall be deemed an employer within the meaning of this chapter and shall be subject to the provisions of this subchapter; (2)If the other contracting party fails to perform the contractual provisions, the contract may forthwith be terminated and cancelled in whole or in part by the city, and the other contracting party shall be liable for any costs or expense incurred by it in obtaining from 8 other sources the work and services to be rendered or performed or the goods or properties to be furnished or delivered to the city under the contract so terminated or cancelled; (3)Should the commission in a proceeding brought as provided in this chapter find that the contracting party has engaged in discrimination in connection with any contract and issue a cease and desist order with respect thereto, the city shall withhold up to 15% of the contract price until such time as the commission’s order has been complied with or the other contracting party has been adjudicated not guilty of discrimination; (4)The other contracting party will permit access to any and all records pertaining to hiring and employment and to other pertinent data and records for the purpose of enabling the commission , its agencies or representatives, to ascertain compliance with the provisions of this chapter applicable to the other contracting party; and (5)This section shall be binding on all subcontractors and suppliers. Section 2-145. Responsibilities and Duties of City Employees. All officials, commissioners, agents, employees and servants of the city, elected and appointed, including civil service employees, and whether serving with or without compensation, shall observe the terms and provisions of this chapter and shall, except as expressly prohibited by law, respond promptly to any and all requests by the commission for information and for access to data and records for the purpose of enabling the commission to carry out its responsibilities under this chapter. The failure of any official, commissioner, agent, employee or servant of the city to comply with any provision of this chapter relating to any matter within the scope of his or her official duties shall be deemed a violation of this chapter. II. That the following Sections of Division 2 of Article V. and pertaining to Human Rights Commission are amended to read as follows: Section 2-146. Continued. The city has established in and for the city, a human rights commission. Section 2-147. Composition. The human rights commission shall consist of ten members, nine of which shall be selected by the mayor with the advice and consent of the council, and one of which shall be selected by the board of county commissioners. In selecting members, due regard shall be given to representation of minority groups on the human rights commission. One member of the human rights commission selected by the mayor shall be a student enrolled in a post-secondary educational institution. Section 2-148. Term of Office; Date of Appointment; Compensation. (1)All members of the human rights commission shall serve for terms of five years, except the student member who shall serve a one-year term. Any members whose term expires may be reappointed. 9 (2)All members of the human rights commission shall serve without compensation. Section 2-149. Vacancies. If a vacancy on the human rights commission occurs on a date other than the first Monday of the year, then the vacancy may be filled by appointment for the remainder of the vacated term, which term shall expire on the first Monday in January. If a member is absent from three consecutive regular meetings without authorization from the human rights commission, the member's seat may be considered vacant, and a new member may be appointed. Section 2-150. Officers. The human rights commission shall designate from among its membership a chairperson, vice- chairperson, and such other officers and subcommittees as it may deem appropriate and necessary. Section 2-151. Meetings. The human rights commission shall meet at such times and places as may be determined by such commission. Section 2-152. Quorum. Six members of the commission shall constitute a quorum for probable cause determination pursuant to Section 2-159.Three members of the commission shall constitute a quorum for public hearing panels pursuant to Section 2-161. A majority of the voting members then holding a current appointment shall constitute a quorum for the transaction of all other business. Section 2-153. Rules, Regulations. The commission shall adopt suitable rules and regulations for the conduct of its operations and the effectuation of the purposes of this chapter. Section 2-154. Purpose. The purpose of the Brookings Human Rights Commission (BHRC) is to improve human relations and civil rights in the Brookings area by fighting discrimination through educational efforts and a complaint resolution procedure. Except as limited by Section 2-155(16),the commission has the power to investigate complaints alleging discrimination against individuals or groups because of their sex, race, color, creed, religion, ancestry, disability, familial status, or national origin, with respect to origin, with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations or public services. Section 2-155. Substantive and Procedural Authority and Duties. The authority and duties of the Brookings Human Rights Commission shall be to: (1)Promote human and civil rights for all its citizens and visitors. 10 (2)Promote a mutual understanding and respect among all racial, religious and nationality groups and work to discourage and prevent discriminatory practices against any such group. (3)Attempt to foster, through community effort or otherwise, goodwill, cooperation and conciliation. (4)Study and determine the existence, character, causes and extent of discrimination in employment, housing accommodations, property rights, education, public accommodations, public services in the city, and discrimination based on age, disability, marital status, familial status, ethnicity, religion, sexual orientation, gender identity and political affiliation. The study and determination of discrimination is based on a broad understanding of civil and human rights as embodied in the 1964 Civil Rights Act as amended, which includes race, color, religion, gender and country of origin. (5)Seek to prevent and eliminate bias and discrimination because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, gender identity, or sexual orientation by means of education, persuasion, conciliation and, to the extent permitted, enforcement, and utilize all the powers at its disposal to carry into execution the provisions of this chapter. (6)Receive or, on the basis of its own information, initiate complaints, to the extent permitted, alleging discrimination and conduct those investigations and inquiries as may reasonably appear necessary to find the facts with respect thereto. (7)Conduct public meetings and hearings, gather and disseminate information to governmental agencies and to the public. (8)Utilize the records and services of municipal, state and federal governmental departments and agencies to the extent permitted by law, and pursuant to agreement with departments and agencies may refer matters for preliminary inquiry, conciliation, hearings and findings. (9)Furnish to any appropriate state or federal agency having jurisdiction in the premises a transcript of the proceedings and findings in any case in which a court of competent jurisdiction or the commission has, after hearings, found that any person has unlawfully discriminated. (10)Execute programs of compliance review designed to determine whether persons whose contract with the city are observing the terms of this chapter; and to that end the commission shall have power to require the persons to submit periodic reports concerning hiring, compensation, promotion and discharge policies and the racial, religious, national composition and such other reports pertaining to their work force which are deemed necessary, failure to provide the information shall constitute grounds 11 for the city to terminate any contract in effect between the city and the person so failing to comply. (11)Enlist the cooperation of various racial, religious and ethnic groups, community, civil, labor and business organizations, student organizations, fraternal and benevolent associations, veterans’ organizations, and other groups in educational campaigns and programs devoted to teaching the need for eliminating group tensions, prejudices, intolerance, bigotry and unlawful discrimination. (12)Cooperate with federal, state and city agencies in developing programs showing the contributions of the various groups to the culture and traditions of our city and nation, the menace of prejudice, intolerance, bigotry and unlawful discrimination and the need for mutual respect. (13)Advise the mayor, city council members, city manager and the respective departments of the city concerning matters consistent with the purposes and powers of the human rights commission. (14)Recommend ordinances and other legislation pertinent to the purposes of protection of human rights. (15)Conduct educational programs and disseminate information in furtherance of the purposes and policies of the human rights commission. (16)Hear and investigate complaints alleging discrimination regarding the City of Brookings, in accordance with the grievance procedures for ADA grievances adopted by resolution of the city. Pursuant to State law, there is presently no legal authority to investigate complaints alleging discrimination because of marital status, gender identity or sexual orientation. Accordingly, until State law authorizes municipalities, pursuant to SDCL 20- 12-4, to investigate discriminatory practices based on marital status, gender identity or sexual orientation, these discriminating practices cannot be investigated or enforced by the Human Rights Commission. Section 2-156. Filing Complaint. (1)Any person claiming to be aggrieved by a discriminatory practice may file with the commission a verified written complaint which shall state the name and address of each person complained against (respondent) and shall set forth the pertinent facts as known to the complainant. Except as limited by Section 2-155(16), whenever the commission has information indicating that any person has been discriminated, it may issue and file a verified complaint. (2)The city may, however, dismiss a complaint if the complainant fails to state a claim upon which relief can be granted, or if the city determines the complaint has been abandoned or withdrawn if the city determines the city is not authorized by State Law to enforce compliance. 12 Section 2-157. Time for filing Complaint. Any complaint filed under this Chapter shall be filed within one hundred eighty (180) days after the last occurrence of an alleged discriminatory or unfair practice. Section 2-158. Service of Respondent and Answer. Promptly upon the filing of any complaint, the commission shall serve a copy thereof, by personal service or registered or certified mail, upon the respondent. Respondent shall file a written answer thereto within ten calendar days after receipt thereof or within any period of extension granted by the representative of the city as designated by the commission. Section 2-159. Determination of Probable Cause. (1)The commission shall proceed to make the investigation as it may deem appropriate to determine whether there is probable cause to believe that the allegations of discrimination are well founded. If there is no probable cause to believe that the allegations of discrimination are well founded, the commission shall dismiss the complaint. If, after investigation, it is found that probable cause to believe that the allegations of discrimination are well founded, the commission shall transmit the finding of probable cause, along with the reasons for the finding and a recitation of the evidence and names of witnesses that support the finding, to both complainant and respondent. Both complainant and respondent shall be permitted to inspect any documents not prepared by the commission in the files of the commission that are relevant to the determination of probable cause. If there is probable cause to believe that the allegations of discrimination are well founded, and the matter has not been satisfactorily resolved, the parties shall be served notice of the time and place of a conciliation conference by personal service or registered or certified mail at least five business days prior thereto. (2)No later than 20 days after notice of the finding of probable cause and prior to hearing, the complaining party or the respondent may elect to have the claims asserted in the complaint decided in a circuit court in lieu of a hearing before the commission. Parties shall be notified of their right to this election in the notice of the finding of probable cause. Upon receipt of notice of election, the commission shall have no further jurisdiction over the parties concerning the charge filed. In a civil action, if a court or jury finds that an unfair or discriminatory practice has occurred, it may award the charging party compensatory damages. The court may grant as relief any injunctive order including affirmative action. Punitive damages may be awarded under SDCL 21-3-2 for a violation of this chapter as they pertain to housing. Attorney’s fees and costs may be awarded to the prevailing party for housing matters. Section 2-160. Conciliation. The conciliation conference shall be conducted by a representative of the city, who shall attempt to achieve a just resolution and obtain assurances that the respondent will eliminate unfair or discriminatory practices and take appropriate affirmative action. The settlement terms 13 shall be set forth in a conciliation agreement which shall be signed by the complainant, respondent and the commission chairperson. Section 2-161. Public Hearing. (1)If the matter before the commission cannot be resolved by the conciliation conference panel, the matter shall be set for public hearing. The parties shall be served notice of the time and place of a public hearing by personal service or registered or certified mail at least ten days prior thereto. The notice shall include a statement informing the parties of their right to transfer the matter to the circuit court. The public hearing shall be conducted by a public hearing panel which shall be composed of three commissioners, none of whom shall have been involved in the investigation, determination of probable cause or conciliation. (2)The public hearing panel shall have authority to conduct prehearing conferences, to subpoena witnesses to appear, testify and produce records, books, papers and other documents, to administer oaths, to take testimony, to receive evidence, to examine and cross examine witnesses and issue orders authorized by this chapter. (3)Both complainant and respondent shall appear in person at the hearing and may be represented by counsel. Both may, in accordance with the order of procedures as may be determined by the public hearing panel, present evidence, call witnesses and present arguments bearing upon the facts alleged in the complaint. (4)All witnesses, including complainant and respondent, may be examined and cross examined. The hearing may consist of a bifurcated proceeding without direct and cross examination if the commission deems it appropriate in the circumstances. The conduct of the hearing will be within the sole discretion of the commission. The public hearing panel shall not be bound by the strict rules of evidence applicable to judicial proceedings, but its findings must be based upon competent evidence. Each witness at the hearing shall testify under oath. A stenographic record shall be made of the proceedings or an electronic device may be used. In a judicial review, the commission may, upon request, furnish the complainant and respondent each with a copy of the transcript of the hearing without charge. Section 2-162. Dismissal of Complaint. (1)If the commission determines that allegations of discrimination are not well founded, that the unlawful act or practice complained of has been satisfactorily eliminated and that further proceedings are unnecessary, or the allegations complained of are being processed or have been addressed, to the satisfaction of the commission by another agency or court, it may order the dismissal of the complaint. It shall within five days of the determination serve notice of the order upon the complainant and respondent by personal service or registered or certified mail. (2)The public hearing panel may also take and direct the affirmative action as in the judgment of the public hearing panel will effectuate its purposes. The powers of the 14 public hearing panel are coextensive with the powers of the state human rights commission as set forth in SDCL 20-13-42. These powers include awarding compensation incidental to the violation other than pain and suffering, punitive or consequential damages; costs allowed under SDCL Ch. 15-17 and any other appropriate relief including reasonable attorney fees for housing matters as in the judgment of the public hearing panel will effectuate the purposes of this chapter. (3)Further, the public hearing panel may order the respondent to cease and desist from discriminatory or unfair practices and to take the affirmative action including hiring, reinstatement, or upgrading of employees with or without back pay, the referring of applicants for employment by any respondent employment agency, and the remittance or restoration of membership by any respondent labor organization. Section 2-163. Depositions and Discovery. The commission, through the city attorney’s office, shall have power to cause the deposition of witnesses to be taken or other discovery procedure to be conducted upon notice to the interested person in like manner that depositions of witnesses are taken or other discovery procedure is to be conducted in civil actions pending in court in any manner concerning contested cases. Section 2-164. Prosecution of Violation. (1)If a respondent fails to comply with a conciliation agreement or fails to obey an order issued by the public hearing panel, the commission may request the city attorney to prosecute the respondent in a court of competent jurisdiction for violation of the terms of this chapter. The failure of a person to obey a subpoena issued pursuant to this chapter may be punished as contempt of court. The commission shall render to the city attorney assistance as requested in connection with any prosecution. (2)The commission or a party may obtain an order of the court for the enforcement of the provisions of this chapter. The court may allow the prevailing party reasonable attorney’s fees and costs against the respondent. The court may also assess a civil penalty against the respondent in an amount not to exceed $10,000 for willful or repeated violations or refusal to comply with the order of the commission. Section 2-165. Rights of Parties to seek Judicial Determination. Nothing contained in this ordinance shall be construed to limit the right of the complainant to make and file a complaint, nor to preclude, abridge or restrict the right of appeal or the right of anyone concerned or affected to a review of the facts and issues in a court of competent jurisdiction on the evidence and merits in any matter involved. Section 2-166. Application to Other Disabilities. The commission, to the extent permitted by law, is authorized to apply any portion of this chapter which it may deem applicable to deal with discriminatory actions and practices against individuals or groups disadvantaged by reason of physical, mental or social handicap and not otherwise within the purview of this chapter. 15 Section 2-167. Time Limit for filing Complaint. Any complaint filed under this chapter shall be filed within One Hundred Eighty (180) days after the alleged discriminatory or unfair practice occurred. III. Any or all ordinances in conflict herewith are hereby repealed. First Reading: Second Reading: Published: 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 2015-0121,Version:1 Public Hearing and Action on the transfer of an On-Off Sale Malt Beverage Alcohol License from David Spaulding, EdgeBrook Golf Course Clubhouse Manager, to Gary Moen, EdgeBrook Golf Course Clubhouse Manager, 1415 22nd Ave. So., Brookings, South Dakota, legal description: SW ¼, Section 31-T110N-R49W. Summary: The City of Brookings has received an application to transfer the On-Off Sale Malt Beverage Alcohol License from David Spaulding, EdgeBrook Golf Course Clubhouse Manager, to Gary Moen, EdgeBrook Golf Course Clubhouse Manager, 1415 22nd Ave. So., Brookings, SD. All required documents have been submitted for this application. Background: A public hearing and action by the local governing body is required to approve all alcohol licenses. This license would be effective until to June 30, 2015 and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Further Information: SDCL 35-2-1.2 provides all applications for retail licenses …shall be submitted to the governing board of the municipality within which the applicant intends to operate…The governing board: “shall have discretion to approve or disapprove the application depending on whether it deems the applicant a suitable person to hold such license and whether it considers the proposed location suitable.” SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees: “Any license under this title…must be a person of good moral character, never convicted of a felony, and, if a corporation, the managing officers thereof must have like qualifications.” Procedure for issuance of licenses: Procedurally, SDCL 35-2-3 provides that “no license for the on or off-sale at retail of alcoholic beverages…shall be granted to an applicant for any such license, except after public hearing, upon notice.” SDCL 35-2-5 provides the procedure for the time and place of hearing and for publication of notice. If an application for a license is refused, “no further application may be received from a person until after the expiration of one year from the date of a refused application.” City Ordinances: Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances pertaining to Application Review Procedure. The City Council shall review all applications submitted to the City for available On-Sale Alcoholic Beverage Agreements and for On-Sale Malt Beverage and Wine Licenses in accordance with SDCL 35-2 and in accordance with the following factors: a.Type of business which applicant proposes to operate: On-Sale Alcoholic Beverage City of Brookings Printed on 2/18/2015Page 1 of 2 powered by Legistar™ File #:ID 2015-0121,Version:1 Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. b.The manner in which the business is operated: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. c.The extent to which minors are employed in such a place of business: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. d.The adequacy of the police facilities to properly police the proposed location: The City Council shall inquire of the Police Chief whether the Police Department can adequately police the proposed location. e.Other factors: The hours that business is conducted shall be considered by the City Council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale malt beverage and wine licenses. Summary: SDCL and case law support the premise that the decision to issue an alcoholic beverage license is discretionary. The City can assess the character of the applicant and whether the location is suitable. A person convicted of a felony is prohibited from applying for a license; therefore, a convicted felon would fail the character test. In determining suitable location, the Council may involve the determination of whether the location is suitable consistent with the procedure developed through South Dakota Case Law. This includes the manner in which the business is operated; the extent to which minors frequent or are employed in such place of business; the adequacy of the police facilities to properly police the proposed location, and other factors associated with the sale of alcoholic beverages. Recommendation: Staff recommends approval. Attachments: None City of Brookings Printed on 2/18/2015Page 2 of 2 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 15-004,Version:2 Public Hearing and Action on Ordinance 15-004, an Ordinance amending Section 14-83 Swine, of the code of ordinances of the City of Brookings. Summary: An ordinance amending Section 14-83 to provide exceptions where swine may be located within city limits. Background: One of the economic development strategies of Brookings is to grow the science and technology economy, with focus on those businesses that have synergies with South Dakota State University. Plant Science business opportunities have been prevalent in Brookings for some time. Animal Science business opportunities continue to move forward as research escalates to improve animal and human health care. One of the obstacles to furthering the economic opportunities in the AnimalScience Industry is City Ordinance Section 14-83, which prohibits swine in city limits with a few exceptions. Other forms of livestock, such as horses, cows, sheep, goats, or other livestock are allowed with setback regulations to churches, schools, public buildings, stores, and residential dwellings. The proposed language would continue the prohibition on swine in city limits with the following exceptions: Railroad cars, butcher shops, South Dakota State University, research and development facilities, animal health clinics, and temporary exhibits. The ordinance proposal cleans up some of the existing ordinance language by requiring butcher shop pens be within the building. New language has been added to allow swine in research and development facilities, animal health clinics, and for the temporary exhibits for educational purposes. From a technicality standpoint, animal health clinics, i.e. veterinary clinics, are currently prohibited from having swine at their business location due to the ordinance. Likewise, the showing of swine at a 4-H event or any other ag-related event would technically be prohibited, unless the event was held in South Dakota State University facilities. The intent of the ordinance amendment is to provide opportunities for Brookings to capitalize on the research and technology being developed between South Dakota State University and the private sector and allow the location of those businesses that want to help grow the science and technology economy in Brookings. The location citing criteria are administered through the Zoning Ordinance. Fiscal Impact: Not Applicable City of Brookings Printed on 2/18/2015Page 1 of 2 powered by Legistar™ File #:ORD 15-004,Version:2 Recommendation: Staff recommends approval Attachments: Ordinance Marked Ordinance City of Brookings Printed on 2/18/2015Page 2 of 2 powered by Legistar™ Ordinance No. 15-004 An Ordinance Amending Article III of Chapter 14 of the Code of Ordinances of the City of Brookings and pertaining to Swine in the City of Brookings, South Dakota. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. Sec. 14-83. - Swine. No person may place, keep or maintain live hogs or other swine within the city, except such hogs as are kept in railroad cars for shipping purposes, or in pens within butcher shops and kept for the purpose of immediate shipment or slaughter, or at South Dakota State University for purposes of breeding or experimentation, or at commercial research and development facilities, or at animal health clinics, or temporarily exhibited for educational events. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: January 27, 2015 Second Reading: February 24, 2015 Published: February 27, 2015 CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk Brookings City Code of Ordinances Sec. 14-83. - Swine. No person may place, keep or maintain live hogs or other swine within the city, except such hogs as are kept in railroad cars for shipping purposes, or in pens and within butcher shops and kept for the purpose of immediate shipment or slaughter, or at South Dakota State University for purposes of breeding or experimentation, or at commercial research and development facilities, or at animal health clinics, or temporarily exhibited for educational events. 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 15-015,Version:1 Public Hearing and Action on Resolution 15-015, Levying Assessment for Project No. 2014-01SWR, 2014 Sidewalk Repair Sites. Summary: This resolution will levy the assessment for project No. 2014-01SWR, 2014 Sidewalk Repairs. Background: This project was the annual Concrete Maintenance Project which entailed construction of miscellaneous concrete work in the area west of Medary Avenue between 6th Street and 20th Street South. The project included repair of curb and gutter, fillets, valley gutters, curb ramps and homeowner trip hazard sidewalks. The project was completed and the final change order was approved. Resolution No. 49-14 adopted on June 10, 2014 authorized the sidewalk assessment project for the trip hazard sidewalks. The public hearing and approval of this resolution is the final step for the City to assess the sidewalk construction costs to the property owners. The assessment cost for each landowner is calculated by using their specific sidewalk cost plus a 6% fee for engineering and administration. The City mailed each property owner a notice of the hearing and a copy of the assessment roll which details the cost of the sidewalk repairs. Approval of this resolution will levy the assessment for the 2014-01SWR Sidewalk Assessment Project. Upon approval, the Finance Office will send each property owner a bill for the repairs and the payments will be recovered into the assessment fund. Fiscal Impact: The city will collect the sidewalk assessment costs for the trip hazard repairs. Recommendation: Recommend approval of the resolution. Attachments: Resolution Assessment Roll City of Brookings Printed on 2/18/2015Page 1 of 1 powered by Legistar™ Resolution 15-015 Levying Assessment for Project No. 2014-01SWR 2014 Sidewalk Repair Sites Whereas, the City Council has provided for sidewalk repair work to be completed under Project No. 2014-01SWR, 2014 Sidewalk Repair Sites. Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. The City Council has made all investigation and authorized by Resolution 49-14, which deems the work necessary and has found and determined that the amount which each lot or tract will be benefited by the construction of the sidewalk improvement heretofore designated as Concrete Maintenance Project No. 2014- 01SWR is the amount stated in the proposed assessment roll. 2. The assessment for Sidewalk Assessment Project No. 2014-01SWR is hereby approved and the assessment thereby specified are levied against each and every lot, piece or parcel of land thereby described. 3. Such assessments, unless paid within thirty (30) days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Sections 9-43, South Dakota Compiled Laws of 1967, as amended with interest of 10% on the unpaid balance. 4. Assessments amounting to less than $300.00 shall be paid in one payment. Passed and approved this 24 th day of February, 2015. CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: _________________________________ Shari Thornes, City Clerk 2014-01SWR ASSESSMENT ROLLCONCRETE MAINTENANCE PROJECT1 of 4Filed: 2-3-15 2014 Prices: Remove 4" PCC Sidewalk: $2.39 Install 4" PCC Sidewalk: $4.51Adjust Water Curb Stop: $106.00 (per square foot)(per square foot)PARCEL NUMBER LEGAL DESCRIPTION OWNER SIDEWALK ADDRESSSIDEWALK REMOVED (SQ FT)REMOVAL COSTSIDEWALK INSTALLED (SQ FT)INSTALL COSTADJUST CURB STOPADJUST CURB STOP COSTTOTAL COST402650150007400Lot 74, Santee Village, Indian Hills AdditionWallace Fier, 104 Santee Trail Brookings, SD 57006104 Santee Trail 36.89 $88.17 36.89 $166.37 0 $0.00$254.54401750020001200 Lot 12, Block 2, Folsom AdditionDavid Boucher, PO Box 303, Pipestone, MN 56164117 5th Ave S 7.56 $18.07 7.56 $34.10 0 $0.00$52.16402650150007100Lot 71, Santee Village, Indian Hills AdditionBradley Stahl 126 Santee Trail Brookings, SD 57006126 Santee Trail 16.80 $40.15 16.80 $75.77 0 $0.00$115.92401750030000800 Lot 8, Block 3, Folsom Addition KVKV LLC, 615 Main Ave S, Brookings, SD 57006126 5th Ave S 20.00 $47.80 20.00 $90.20 0 $0.00$138.00402650150000800Lot 8, Santee Village, Indian Hills AdditionRussell Lampy 1120 Fairway Drive Pierre, SD 57501206 Half Moon Road 66.60 $159.17 66.60 $300.37 1 $106.00$565.5440565007000140N 55' of Lot 14, N55' of E 1/2 OF Lot 13, Block 7, Skinners First Addition Vine Street Properties, Po Box 500, Brookings, SD 57006211 9th Ave 103.14 $246.50 103.14 $465.16 0 $0.00$711.67402650150000700Lot 7, Santee Village, Indian Hills AdditionRichard Canaday 212 Halfmoon Road Brookings, SD 57006212 Half Moon Road 20.25 $48.40 20.25 $91.33 0 $0.00$139.73402650150000600Lot 6, Santee Village, Indian Hills AdditionDennis Kimpe 218 Half Moon Road Brookings, SD 57006218 Half Moon Road 73.75 $176.26 73.75 $332.61 0 $0.00$508.88403250010001300S 15' OF Lot 12, All Lot 13 & 14, Block 1, Mathews and Scobeys AddnRudolph Curtler, 2661 Cougar Path NW, Prior Lake, MN 55372223 5th Ave S 21.00 $50.19 21.00 $94.71 0 $0.00$144.90402650150000500Lot 5, Santee Village, Indian Hills AdditionCindee Gruener, 224 Half Moon Rd, Brookings, SD 57006224 Half Moon Road 44.10 $105.40 44.10 $198.89 1 $106.00$410.29403250080002700Lot 27 & 28, Block 8, Mathews and Scobeys AdditionScott Staniszewski, 300 5th Ave S, Brookings, SD 57006300 5th Ave S 19.60 $46.84 19.60 $88.40 0 $0.00$135.24405650030001405N50' of Lot 14, Block 3, Skinners First AdditionBortnem Trust, 727 3rd St, Brookings, SD, 57006311 8th Ave 110.00 $262.90 110.00 $496.10 0 $0.00$759.00404150010000010S 75' of SE 1/4, Park Block AdditionDuane Knapp, C/O Standing Stones Inc. Po Box 406, Brookings SD 57006324 7th Ave S 40.00 $95.60 40.00 $180.40 0 $0.00$276.00S:\City Engrs\_All Projects\Sidewalk Projects\2014\Council Items - assessments\2014-01 ROLL 2014-01SWR ASSESSMENT ROLLCONCRETE MAINTENANCE PROJECT2 of 4Filed: 2-3-15 2014 Prices: Remove 4" PCC Sidewalk: $2.39 Install 4" PCC Sidewalk: $4.51Adjust Water Curb Stop: $106.00 (per square foot)(per square foot)PARCEL NUMBER LEGAL DESCRIPTION OWNER SIDEWALK ADDRESSSIDEWALK REMOVED (SQ FT)REMOVAL COSTSIDEWALK INSTALLED (SQ FT)INSTALL COSTADJUST CURB STOPADJUST CURB STOP COSTTOTAL COST403250110002600Lots 26, 27, 28, Block 11, Mathews and Scobeys AdditionMervin Borstad, 402 7th Ave S, Brookings, SD 57006402 7th Ave S 68.30 $163.24 68.30 $308.03 0 $0.00$471.27402550020000300Lot 3, Block 2, Hunters Ridge AdditionSteven Kool, 418 hunters Ridge Road Brookings, SD 57006418 Hunters Ridge Road 33.60 $80.30 33.60 $151.54 0 $0.00$231.84402550010001000Lot 10, Block 1, Hunters Ridge AdditionChad Mansheim, 419 Hunters Ridge Road Brookings, SD 57006419 Hunters Ridge Road 16.00 $38.24 16.00 $72.16 0 $0.00$110.40402550020000400Lot 4, Block 2, Hunters Ridge AdditionChristopher Chase, 426 Hunters Ridge Road, SD 57006426 Hunters Ridge Road 17.20 $41.11 17.20 $77.57 0 $0.00$118.6840460-00100-004-00Lot 4 Exc. N 2', All OL 1, Block 1, Pleasant Heights AdditionR & B Properties, LLC 3721 16th Ave SW, Brookings, SD 57006511 Main Avenue S 160.58 $383.79 160.58 $724.22 0 $0.00$1,108.00405540010000900 Lot 9, Block 1, Sieler AdditionEric Leeben, 523 Cardinal Drive Circle Brookings, SD 57006523 Cardinal Drive Circle 16.00 $38.24 16.00 $72.16 0 $0.00$110.40405170000000001Lot 'A' & Remaining Portion of Lot B, Sale Barn AdditionPraire Meadow Inc, PO Box 3, Brookings, SD 57006600 5th Ave S 40.04 $95.70 40.04 $180.58 0 $0.00$276.28403380100000100Lot 1, Block 10, McClemans AdditionGrant & Joy McAdaragh, 707 Hunters Ridge Road, Brookings, SD 57006707 Hunters Ridge Road 16.40 $39.20 16.40 $73.96 0 $0.00$113.16405700010000100N 100' of Lots 1& 2, Block 1, Skinners Second AdditionSt. Paul's Episcopal Church, Brookings, SD 57006726 6th St 50.66 $121.08 50.66 $228.48 0 $0.00$349.55405650030001400S 115' of Lot 14, Block 3, Skinners First AdditionBortnem Trust, 727 3rd St, Brookings, SD, 57006727 3rd St 55.00 $131.45 55.00 $248.05 0 $0.00$379.50406250020000100Lots 1-2, Block 2, University First AdditionFarmhouse Fraternity, 729 20th Ave, Brookings SD, 57006 729 20th Ave 32.00 $76.48 32.00 $144.32 0 $0.00$220.80405650050000805S 110' of Lot 8, Block 5, Skinners First AdditionRobert and Jeanne Sermad, Brookings, SD 57006803 4th St 25.00 $59.75 25.00 $112.75 0 $0.00$172.50S:\City Engrs\_All Projects\Sidewalk Projects\2014\Council Items - assessments\2014-01 ROLL 2014-01SWR ASSESSMENT ROLLCONCRETE MAINTENANCE PROJECT3 of 4Filed: 2-3-15 2014 Prices: Remove 4" PCC Sidewalk: $2.39 Install 4" PCC Sidewalk: $4.51Adjust Water Curb Stop: $106.00 (per square foot)(per square foot)PARCEL NUMBER LEGAL DESCRIPTION OWNER SIDEWALK ADDRESSSIDEWALK REMOVED (SQ FT)REMOVAL COSTSIDEWALK INSTALLED (SQ FT)INSTALL COSTADJUST CURB STOPADJUST CURB STOP COSTTOTAL COST404580030000600Lot 6, Block 3, Pheasant Nest AdditionMonte Vandekop, 815 Candlewood Lane, Brookings, SD 57006815 Candlewood Lane 17.22 $41.16 17.22 $77.66 0 $0.00$118.82404550070000115W 82 1/2' OF N 100' of Lot 1, Block , Petersons Second AdditionRick and Jean Stoebner, 828 6th Ave, Brookings, SD 57006 828 6th Ave 156.00 $372.84 156.00 $703.56 0 $0.00$1,076.40405220020000800Lot 8, Block 2, Sarah Renee AdditionLisa & Carey Bretsch, 851 Regency Ct, Brookings, SD 57006851 Regency Ct 24.50 $58.56 24.50 $110.50 0 $0.00$169.05406400010000400Lot 4, Replat of Walta Addition, Walta AdditionKyle Prodohel, 1019 8th Ave, Brookings, SD, 57006900 Brooklawn Dr 16.80 $40.15 16.80 $75.77 0 $0.00$115.92406400010000300Lot 3, Replat of Walta Addition, Walta AdditionKyle Prodohel, 1019 8th Ave, Brookings, SD, 57007903 BrookLawn Dr 37.20 $88.91 37.20 $167.77 0 $0.00$256.68405700060000500Lot 5, Block 6, Skinners Second AdditionBrett Behrends, 2034 Derdall Dr, Brookings, SD 57006914 3rd St 26.50 $63.34 26.50 $119.52 0 $0.00$182.85405700070000100N 110' Lot 1, N 110' of E 12.5, Lot 2, Block 7, Skinners Second AdditionBradley Blaha, 928 2nd St, Brookings, SD 57006928 2nd St 105.50 $252.15 105.50 $475.81 0 $0.00$727.95406210030001300Lot 13, Block 3, Timberline Addition Christopher Bisgard, 1127 Telluride Ln Brookings, SD 570061127 Telluride Ln 17.55 $41.94 17.55 $79.15 0 $0.00$121.10402450050001300E 1/2 of Lot 13, W 1/2 of Lot 14, Block 5, Hill Park AdditionMail To: James Vosberg, 307 Washington Road, Volga, SD 570711219 4th St 156.61 $374.30 156.61 $706.31 0 $0.00$1,080.61402550030000200Lot 2, Block 3, Hunters Ridge AdditionBrian Piearson, 1631 Cardinal Dr, Brookings, SD 570061631 Cardinal Dr 21.32 $50.95 21.32 $96.15 0 $0.00$147.11402560020001100Lot 11, Block 2, Hunters Ridge Second AdditionScott Holm, 1838 Oriole Trail, Brookings, SD 570061838 Oriole Trail 18.40 $43.98 18.40 $82.98 0 $0.00$126.96402650150007600Lot 76 & 77, Santee Village, Indian Hills AdditionJeffrey Davis, 1913 Council Ridge Rd, Brookings, SD 570061913 Council Ridge Rd 16.00 $38.24 16.00 $72.16 1 $106.00$216.40S:\City Engrs\_All Projects\Sidewalk Projects\2014\Council Items - assessments\2014-01 ROLL 2014-01SWR ASSESSMENT ROLLCONCRETE MAINTENANCE PROJECT4 of 4Filed: 2-3-15 2014 Prices: Remove 4" PCC Sidewalk: $2.39 Install 4" PCC Sidewalk: $4.51Adjust Water Curb Stop: $106.00 (per square foot)(per square foot)PARCEL NUMBER LEGAL DESCRIPTION OWNER SIDEWALK ADDRESSSIDEWALK REMOVED (SQ FT)REMOVAL COSTSIDEWALK INSTALLED (SQ FT)INSTALL COSTADJUST CURB STOPADJUST CURB STOP COSTTOTAL COST402560010000200Lot 2, Block 1, Hunters Ridge Second AdditionLinda Vollan, 1919 Oriole Trail, Brookings, SD 570061919 Oriole Trail 18.00 $43.02 18.00 $81.18 0 $0.00$124.20406250010000200Lot 2, Block 1, University First AdditionAlpha-Phi-Alpha Gamma Rho Alumnie Association, 1929 8th St, Brookings, SD 570061929 8th St 16.00 $38.24 16.00 $72.16 0 $0.00$110.40401470050001100Lot 11, Block 5, Esther Heights AdditionJeffrey & Amber Kollars, 2221 Rhonda Road, Brookings, SD 570062221 Rhonda Road 25.20 $60.23 25.20 $113.65 0 $0.00$173.881783.27 $4,262.02 1783.27 $8,042.55 3 $318.00 $12,622.56S:\City Engrs\_All Projects\Sidewalk Projects\2014\Council Items - assessments\2014-01 ROLL 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 2015-0145,Version:1 Presentation and Public Comment on Hospital Project Financing. Summary: For the proposed hospital expansion/renovation project, a combination of cash reserves, debt, and a capital campaign are slated to finance the estimated $46 million project. The debt service can be substantially reduced if the City pledges an additional guarantee to the bondholders of a pledge of future property taxes should operational revenue be insufficient to finance the debt at any time during the term. This would be accomplished through an opt-out that would be established now but not implemented unless and until it would be necessary as the last resort to service the debt. Background: The financing of debt service for the hospital project has a unique opportunity to save approximately $8 million in debt service costs over the lift of the term provided the City adds another level of security for the bondholders. The reduced cost results from a lower interest rate that is provided by the additional security, or an “insurance policy” in the form of a pledge from the City of property taxes as a last resort for the debt. All financial analysis and projections have been completed on the cost of the project and the debt service can be sustained from operations of Brookings Health System. Bondholders reward more conservative financing with lower interest rates thus producing the savings to BHS. The opt-out is the financing mechanism of last resort in the unlikely event operational revenue is insufficient to service the debt. To get the lower interest rate and start realizing the savings immediately, the City must put in place the commitment to the bondholders in the form of the opt-out as a pledge even though it will not be implemented now and is never intended to be used. If it proves necessary in the future, it will take future action by the City Council to actually implement the opt-out. There is no action slated for this meeting; only a public hearing on the proposed financing. The City Council is scheduled to consider the opt-out resolution on March 24. Fiscal Impact: The financial impact to the Brookings Health System is very favorable since it reduces debt service costs and has no financial impact on the City. The financial impact would only occur in the future at such time the City implements the opt-out as a property tax increase, which, according to financial analysis, will not be necessary. City of Brookings Printed on 2/18/2015Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2015-0143,Version:1 Action on Revised Preliminary Plat for a portion of Bluegill Addition. Proposal: Propose a small, low-density residential development project Background: The Bluegill Addition development began at 17th Avenue South and 20th Street South in 2003. The area has been completed, for the most part, west of 17th Avenue South except for the area around the ponds. The ponds were created from previous gravel mining operations. This subdivision will eventually develop to the east and abut 22nd Avenue South. A sketch plan covering this portion of the Bluegill Addition was submitted to the Planning Commission in 2014. An aerial view with a preliminary development plan concept was reviewed at that time. This aerial view has been attached to this item to refresh your memory. The plan was unique in that the developer proposed to establish a private road with adjoining lots between the two existing ponds. A request for rezoning of this area to a Residence R-2 District was recommended by the Planning Commission in September 2014 and later modified by the City Council to a Residence R-1C District. The R-1C provided the same setbacks as the R-2 but restricted the use to single-family dwellings. Specifics: The preliminary plat is the second phase in the subdivision process. The general layout of the plat is very similar to the sketch plan but there are changes. The various elements pertaining to this plan are addressed as follows: o Street design - The developer is proposing one public street with a 60 foot width. The street length is approximately 600 feet with a cul-de-sac on the south end. The radius of the cul-de- sac is 60 feet. The intersection offset distance from 17th Avenue is 145 feet and from 16th Avenue it is 190 feet. The streets intersect at nearly 90 degrees. This design meets the subdivision requirements. o Land design - Due the presence of the ponds, there is one row of lots on each side of the street. The lots exceed the area requirements of the R-1C District but one lot may not have the necessary depth for development. All interior lot lines are straight and intersect appropriately with the right-of-way line. o Open space - The ponds and some adjoining land areas will provide open space for various purposes. The south end abuts the Southbrook Softball Complex and adjacent Dakota Nature Park. o Drainage plan - The development will be subject to compliance with the city’s Storm Drainage Design criteria. City of Brookings Printed on 2/18/2015Page 1 of 2 powered by Legistar™ File #:ID 2015-0143,Version:1 o Grading plan - Grading and land shaping will likely occur on most if not all lots since some of the land has been disturbed by the gravel mining operation. The finished grade of the lots will be dependent upon the final grade of the right-of-way. Engineering design standards will guide this phase of the development. City Engineer’s comments: Any future approvals for final platting in the Bluegill Addition will be contingent upon an approved secondary access to a public right-of-way. Recommendation: The Planning Commission voted 9 yes and 0 no to recommend approval of the preliminary plat subject to compliance with all applicable storm drainage criteria. City of Brookings Printed on 2/18/2015Page 2 of 2 powered by Legistar™ If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@8405B355\@BCL@8405B355.doc NOTICE OF HEARING ON A REVISED PRELIMINARY PLAT NOTICE IS HEREBY GIVEN That Bluegill Inc, has submitted a revised preliminary plat of the following described real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: A portion of the Bluegill Addition in the NE ¼ of Section 1-T109N-R50W NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, February 3, 2015, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. ____________________________ Dan Hanson Planning & Zoning Administrator OFFICIAL MINUTES Chairperson Kristi Tornquist called the regular meeting of the City Planning Commission to order on Tuesday, February 3, 2015 at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, James Drew, Alan Gregg, Alan Heuton, Lee Ann Pierce, and Tornquist. Also present were Wade Price, Community Development Director Mike Struck, City Engineer Jackie Lanning, and Planning and Zoning Administrator Dan Hanson. Item #5 - Bluegill Inc. has submitted a revised Preliminary Plat for a portion of Bluegill Addition. (DeKraai/Drew) Motion to approve the revised plat subject to compliance with the storm drainage design criteria. All present voted aye. MOTION CARRIED OFFICIAL SUMMARY Item #5 – Hanson noted that the sketch plan for this parcel was discussed in 2014. The preliminary plat was very similar to the sketch plan except for the proposed right-of- way. The initial proposal was to install a private road but the developer changed the plan to include a public street. All design standards for establishing a public street were met. Hanson added that, due to the location of the parcel, grading and filling would likely occur on all the lots. Heuton inquired about easements on the south end of the street. Hanson responded that the easements were for future sanitary sewer and water installations. These easements would also be required on a final plat. Heuton asked for the number of lots. Wade Price, representing Bluegill, Inc., stated 7 lots were proposed and one “lot” would be used as open space. Heuton noted that a secondary access was required by the engineering department. Lanning remarked that 17th Avenue South was the only access into the development. If the street became obstructed for some reason, it could become a safety issue for residents. Therefore, a secondary access for emergency services would be needed for new developments in this area. She added the city would work with the developer to obtain compliance. Drew asked how the land would be elevated prior to development. Price responded that dirt work had already been done to elevate certain lots. Hanson added that engineering standards would be required to be met for the construction of the public street. It was then typical for the developer to elevate the adjoining lots to make sure that they met other engineering and building code standards regarding site drainage. In some cases, soil tests could be required on the lots to insure adequate compaction prior to the issuance of building permits. 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 2015-0135,Version:1 Action on Abatement of Street Assessment for Lots 9-11, Block 12 and Lots 11-13 and Lots 16-17, Block 13, Camelot Square Addition, Brookings Summary: This motion will authorize Brookings County to abate the street assessment for Lots 9-11, Block 12 and Lots 11-13 and Lots 16-17, Block 13, Camelot Square Addition, Brookings. Background: The City constructed and levied a street assessment project in 2008 and 2009 for Camelot Drive between 15th Street South and Westminster Drive. The City Council approved Resolution No. 141- 13, which re-levied the street assessment to several lots in Blocks 12 and 13 in Camelot Square Addition. The City received payment for the street assessment costs for the following lots: Legal Description:Parcel No.Abatement Amount: Lot 9, Block 12, Camelot Square Addition 40090-01200-009-00 $857.81 Lot 10, Block 12, Camelot Square Addition 40090-01200-010-00 $857.81 Lot 11, Block 12, Camelot Square Addition 40090-01200-011-00 $857.81 Lot 10, Block 13, Camelot Square Addition 40090-01300-010-00 $857.81 Lot 11, Block 13, Camelot Square Addition 40090-01300-011-00 $857.81 Lot 12, Block 13, Camelot Square Addition 40090-01300-012-00 $857.81 Lot 13, Block 13, Camelot Square Addition 40090-01300-013-00 $857.81 Lot 16, Block 13, Camelot Square Addition 40090-01300-016-00 $857.81 Lot 17, Block 13, Camelot Square Addition 40090-01300-017-00 $857.81 The developer has paid for the entire street assessment for the re-levied parcels. Since the City received payment for the street assessment for these lots, the City is abating the street assessment payments and interest from each individual lot described above. Fiscal Impact: None Recommendation: Recommend approval of the motion. Attachments: Abatement forms City of Brookings Printed on 2/18/2015Page 1 of 1 powered by Legistar™ Brookings City Clerk Street Assessment Abatement and Refunds South Dakota Codified Law 10-18-6 & 7 stipulates that no tax on property within a municipal corporation shall be abated or refunded without the approval of the governing body of said Municipal Corporation, duly filed with said application. In any case where the concurrence of a municipality in the granting of any abatement of refund is required, the action of the municipality shall be certified to and filed with the county auditor of the county within thirty days after an application for such concurrence shall have been filed with the clerk or the presiding officer of the governing body of such municipality, and if not so filed with said county auditor within such time, the municipality shall be deemed to have concurred in granting the application. Application: Kimberly & Kyle Gustafson Year: 2014 Abatement Amount: $857.81 Address: 1509 Breckenridge Lane Legal Description: Parcel #40090-01200-009-00, Lot Nine (9), of Block Twelve (12) of Camelot Square Addition, City of Brookings, County of Brookings, State of South Dakota I hereby certify that on February 24, 2015, the following attached application for abatement or refund of taxes has been duly acted on by the governing body of the city or town of Brookings, in Brookings, South Dakota. Such action is recorded in the official minutes of said municipality, dated February 24, 2015, and reads as follows: “A motion was made by CM __________, seconded by CM __________, to approve an abatement request received from the City of Brookings to abate a portion of the 2014 street assessment in the amount of $857.81 for 1509 Breckenridge Lane, Parcel #40090-01200-009-00, Lot Nine (9) of Block Twleve (12) of Camelot Square Addition, City of Brookings, County of Brookings, State of South Dakota. All present voted yes; motion carried.” Signed by: ______________________________ Shari Thornes, City Clerk City of Brookings, Brookings, SD Brookings City Clerk Street Assessment Abatement and Refunds South Dakota Codified Law 10-18-6 & 7 stipulates that no tax on property within a municipal corporation shall be abated or refunded without the approval of the governing body of said Municipal Corporation, duly filed with said application. In any case where the concurrence of a municipality in the granting of any abatement of refund is required, the action of the municipality shall be certified to and filed with the county auditor of the county within thirty days after an application for such concurrence shall have been filed with the clerk or the presiding officer of the governing body of such municipality, and if not so filed with said county auditor within such time, the municipality shall be deemed to have concurred in granting the application. Application: Berreth Properties LLC Year: 2014 Abatement Amount: $857.81 Address: 1503 Breckenridge Lane Legal Description: Parcel #40090-01200-010-00, Lot Ten (10), of Block Twelve (12) of Camelot Square Addition, City of Brookings, County of Brookings, State of South Dakota I hereby certify that on February 24, 2015, the following attached application for abatement or refund of taxes has been duly acted on by the governing body of the city or town of Brookings, in Brookings, South Dakota. Such action is recorded in the official minutes of said municipality, dated February 24, 2015, and reads as follows: “A motion was made by CM __________, seconded by CM __________, to approve an abatement request received from the City of Brookings to abate a portion of the 2014 street assessment in the amount of $857.81 for 1503 Breckenridge Lane, Parcel #40090-01200-010-00, Lot Ten (10) of Block Twleve (12) of Camelot Square Addition, City of Brookings, County of Brookings, State of South Dakota. All present voted yes; motion carried.” Signed by: ______________________________ Shari Thornes, City Clerk City of Brookings, Brookings, SD Brookings City Clerk Street Assessment Abatement and Refunds South Dakota Codified Law 10-18-6 & 7 stipulates that no tax on property within a municipal corporation shall be abated or refunded without the approval of the governing body of said Municipal Corporation, duly filed with said application. In any case where the concurrence of a municipality in the granting of any abatement of refund is required, the action of the municipality shall be certified to and filed with the county auditor of the county within thirty days after an application for such concurrence shall have been filed with the clerk or the presiding officer of the governing body of such municipality, and if not so filed with said county auditor within such time, the municipality shall be deemed to have concurred in granting the application. Application: Lacinda Jensen Year: 2014 Abatement Amount: $857.81 Address: 1501 Breckenridge Lane Legal Description: Parcel #40090-01200-011-00, Lot Eleven (11), of Block Twelve (12) of Camelot Square Addition, City of Brookings, County of Brookings, State of South Dakota I hereby certify that on February 24, 2015, the following attached application for abatement or refund of taxes has been duly acted on by the governing body of the city or town of Brookings, in Brookings, South Dakota. Such action is recorded in the official minutes of said municipality, dated February 24, 2015, and reads as follows: “A motion was made by CM __________, seconded by CM __________, to approve an abatement request received from the City of Brookings to abate a portion of the 2014 street assessment in the amount of $857.81 for 1501 Breckenridge Lane, Parcel #40090-01200-011-00, Lot Eleven (11) of Block Twleve (12) of Camelot Square Addition, City of Brookings, County of Brookings, State of South Dakota. All present voted yes; motion carried.” Signed by: ______________________________ Shari Thornes, City Clerk City of Brookings, Brookings, SD Brookings City Clerk Street Assessment Abatement and Refunds South Dakota Codified Law 10-18-6 & 7 stipulates that no tax on property within a municipal corporation shall be abated or refunded without the approval of the governing body of said Municipal Corporation, duly filed with said application. In any case where the concurrence of a municipality in the granting of any abatement of refund is required, the action of the municipality shall be certified to and filed with the county auditor of the county within thirty days after an application for such concurrence shall have been filed with the clerk or the presiding officer of the governing body of such municipality, and if not so filed with said county auditor within such time, the municipality shall be deemed to have concurred in granting the application. Application: Benjamin & Amanda Kampmann Year: 2014 Abatement Amount: $857.81 Address: 1323 Breckenridge Circle Legal Description: Parcel #40090-01300-010-00, Lot Ten (10), of Block Thirteen (13) of Camelot Square Addition, City of Brookings, County of Brookings, State of South Dakota I hereby certify that on February 24, 2015, the following attached application for abatement or refund of taxes has been duly acted on by the governing body of the city or town of Brookings, in Brookings, South Dakota. Such action is recorded in the official minutes of said municipality, dated February 24, 2015, and reads as follows: “A motion was made by CM __________, seconded by CM __________, to approve an abatement request received from the City of Brookings to abate a portion of the 2014 street assessment in the amount of $857.81 for 1323 Breckenridge Circle, Parcel #40090-01300-010-00, Lot Ten (10) of Block Thirteen (13) of Camelot Square Addition, City of Brookings, County of Brookings, State of South Dakota. All present voted yes; motion carried.” Signed by: ______________________________ Shari Thornes, City Clerk City of Brookings, Brookings, SD Brookings City Clerk Street Assessment Abatement and Refunds South Dakota Codified Law 10-18-6 & 7 stipulates that no tax on property within a municipal corporation shall be abated or refunded without the approval of the governing body of said Municipal Corporation, duly filed with said application. In any case where the concurrence of a municipality in the granting of any abatement of refund is required, the action of the municipality shall be certified to and filed with the county auditor of the county within thirty days after an application for such concurrence shall have been filed with the clerk or the presiding officer of the governing body of such municipality, and if not so filed with said county auditor within such time, the municipality shall be deemed to have concurred in granting the application. Application: Thomas & Pamela Grygiel Year: 2014 Abatement Amount: $857.81 Address: 1327 Breckenridge Circle Legal Description: Parcel #40090-01300-011-00, Lot Eleven (11), of Block Thirteen (13) of Camelot Square Addition, City of Brookings, County of Brookings, State of South Dakota I hereby certify that on February 24, 2015, the following attached application for abatement or refund of taxes has been duly acted on by the governing body of the city or town of Brookings, in Brookings, South Dakota. Such action is recorded in the official minutes of said municipality, dated February 24, 2015, and reads as follows: “A motion was made by CM __________, seconded by CM __________, to approve an abatement request received from the City of Brookings to abate a portion of the 2014 street assessment in the amount of $857.81 for 1327 Breckenridge Circle, Parcel #40090-01300-011-00, Lot Eleven (11) of Block Thirteen (13) of Camelot Square Addition, City of Brookings, County of Brookings, State of South Dakota. All present voted yes; motion carried.” Signed by: ______________________________ Shari Thornes, City Clerk City of Brookings, Brookings, SD Brookings City Clerk Street Assessment Abatement and Refunds South Dakota Codified Law 10-18-6 & 7 stipulates that no tax on property within a municipal corporation shall be abated or refunded without the approval of the governing body of said Municipal Corporation, duly filed with said application. In any case where the concurrence of a municipality in the granting of any abatement of refund is required, the action of the municipality shall be certified to and filed with the county auditor of the county within thirty days after an application for such concurrence shall have been filed with the clerk or the presiding officer of the governing body of such municipality, and if not so filed with said county auditor within such time, the municipality shall be deemed to have concurred in granting the application. Application: Kara Wilson & Lucas Dahl Year: 2014 Abatement Amount: $857.81 Address: 1326 Breckenridge Circle Legal Description: Parcel #40090-01300-012-00, Lot Twelve (12), of Block Thirteen (13) of Camelot Square Addition, City of Brookings, County of Brookings, State of South Dakota I hereby certify that on February 24, 2015, the following attached application for abatement or refund of taxes has been duly acted on by the governing body of the city or town of Brookings, in Brookings, South Dakota. Such action is recorded in the official minutes of said municipality, dated February 24, 2015, and reads as follows: “A motion was made by CM __________, seconded by CM __________, to approve an abatement request received from the City of Brookings to abate a portion of the 2014 street assessment in the amount of $857.81 for 1326 Breckenridge Circle, Parcel #40090-01300-012-00, Lot Twelve (12) of Block Thirteen (13) of Camelot Square Addition, City of Brookings, County of Brookings, State of South Dakota. All present voted yes; motion carried.” Signed by: ______________________________ Shari Thornes, City Clerk City of Brookings, Brookings, SD Brookings City Clerk Street Assessment Abatement and Refunds South Dakota Codified Law 10-18-6 & 7 stipulates that no tax on property within a municipal corporation shall be abated or refunded without the approval of the governing body of said Municipal Corporation, duly filed with said application. In any case where the concurrence of a municipality in the granting of any abatement of refund is required, the action of the municipality shall be certified to and filed with the county auditor of the county within thirty days after an application for such concurrence shall have been filed with the clerk or the presiding officer of the governing body of such municipality, and if not so filed with said county auditor within such time, the municipality shall be deemed to have concurred in granting the application. Application: Joshua & Kristi Kruse Year: 2014 Abatement Amount: $857.81 Address: 1322 Breckenridge Circle Legal Description: Parcel #40090-01300-013-00, Lot Thirteen (13), of Block Thirteen (13) of Camelot Square Addition, City of Brookings, County of Brookings, State of South Dakota I hereby certify that on February 24, 2015, the following attached application for abatement or refund of taxes has been duly acted on by the governing body of the city or town of Brookings, in Brookings, South Dakota. Such action is recorded in the official minutes of said municipality, dated February 24, 2015, and reads as follows: “A motion was made by CM __________, seconded by CM __________, to approve an abatement request received from the City of Brookings to abate a portion of the 2014 street assessment in the amount of $857.81 for 1322 Breckenridge Circle, Parcel #40090-01300-013-00, Lot Thirteen (13) of Block Thirteen (13) of Camelot Square Addition, City of Brookings, County of Brookings, State of South Dakota. All present voted yes; motion carried.” Signed by: ______________________________ Shari Thornes, City Clerk City of Brookings, Brookings, SD Brookings City Clerk Street Assessment Abatement and Refunds South Dakota Codified Law 10-18-6 & 7 stipulates that no tax on property within a municipal corporation shall be abated or refunded without the approval of the governing body of said Municipal Corporation, duly filed with said application. In any case where the concurrence of a municipality in the granting of any abatement of refund is required, the action of the municipality shall be certified to and filed with the county auditor of the county within thirty days after an application for such concurrence shall have been filed with the clerk or the presiding officer of the governing body of such municipality, and if not so filed with said county auditor within such time, the municipality shall be deemed to have concurred in granting the application. Application: Scott & Amanda Fogelson Year: 2014 Abatement Amount: $857.81 Address: 1506 Breckenridge Lane Legal Description: Parcel #40090-01300-016-00, Lot Sixteen (16), of Block Thirteen (13) of Camelot Square Addition, City of Brookings, County of Brookings, State of South Dakota I hereby certify that on February 24, 2015, the following attached application for abatement or refund of taxes has been duly acted on by the governing body of the city or town of Brookings, in Brookings, South Dakota. Such action is recorded in the official minutes of said municipality, dated February 24, 2015, and reads as follows: “A motion was made by CM __________, seconded by CM __________, to approve an abatement request received from the City of Brookings to abate a portion of the 2014 street assessment in the amount of $857.81 for 1506 Breckenridge Lane, Parcel #40090-01300-016-00, Lot Sixteen (16) of Block Thirteen (13) of Camelot Square Addition, City of Brookings, County of Brookings, State of South Dakota. All present voted yes; motion carried.” Signed by: ______________________________ Shari Thornes, City Clerk City of Brookings, Brookings, SD Brookings City Clerk Street Assessment Abatement and Refunds South Dakota Codified Law 10-18-6 & 7 stipulates that no tax on property within a municipal corporation shall be abated or refunded without the approval of the governing body of said Municipal Corporation, duly filed with said application. In any case where the concurrence of a municipality in the granting of any abatement of refund is required, the action of the municipality shall be certified to and filed with the county auditor of the county within thirty days after an application for such concurrence shall have been filed with the clerk or the presiding officer of the governing body of such municipality, and if not so filed with said county auditor within such time, the municipality shall be deemed to have concurred in granting the application. Application: Major Anderson & Jill Kruse Year: 2014 Abatement Amount: $857.81 Address: 1502 Breckenridge Lane Legal Description: Parcel #40090-01300-017-00, Lot Seventeen (17), of Block Thirteen (13) of Camelot Square Addition, City of Brookings, County of Brookings, State of South Dakota I hereby certify that on February 24, 2015, the following attached application for abatement or refund of taxes has been duly acted on by the governing body of the city or town of Brookings, in Brookings, South Dakota. Such action is recorded in the official minutes of said municipality, dated February 24, 2015, and reads as follows: “A motion was made by CM __________, seconded by CM __________, to approve an abatement request received from the City of Brookings to abate a portion of the 2014 street assessment in the amount of $857.81 for 1502 Breckenridge Lane, Parcel #40090-01300-017-00, Lot Seventeen (17) of Block Thirteen (13) of Camelot Square Addition, City of Brookings, County of Brookings, State of South Dakota. All present voted yes; motion carried.” Signed by: ______________________________ Shari Thornes, City Clerk City of Brookings, Brookings, SD 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 15-019,Version:1 Action on Resolution 15-019, a Resolution purchasing Property from the State of South Dakota. Summary: Attached is a resolution purchasing two, small, undevelopable parcels from the State of South Dakota that are necessary for the site development of the Street Maintenance Facility. Background: Pursuant to the city Council’s direction to utilize the current location for the new Street Maintenance Facility, staff conducted a site feasibility analysis and determined the current site could address our needs provided we acquired two, adjacent outlots between our parcel and the railroad right-of-way. The two parcels are owned by the State of South Dakota and previously served as coal off-loading locations from the railroad for the SDSU coal-burning hearting plant. The purchase also vacates an easement from the parcels to Front Street. That function has long since been abandoned and the parcels no longer are of any practical use. Legislative approval and an appraisal were necessary to acquire the parcels and both steps have been completed. The appraisal for the two parcels was $8,900 and the City split the cost with SDSU for the appraisal. We had to purchase the property for the appraised price minus the SDSU share of the appraisal cost which is a net purchase price of $7,650. Your approval of the attached resolution will allow the City Attorney and the State Commissioner of School and Public Lands to proceed to closing and property transfer. Staff can then begin site planning with the architect utilizing these parcels. Fiscal Impact: The cost is $7,650 from the Public Improvement Fund in the budgeted item for the project. Recommendation: Staff recommends approval Attachments: Authorizing Resolution Site Map City of Brookings Printed on 2/18/2015Page 1 of 1 powered by Legistar™ Resolution No. 15-019 Resolution Authorizing the Acquisition of Real Estate Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, the City of Brookings has determined the acquisition of the certain property near its street maintenance facility is necessary to provide additional land upon which to construct a street maintenance facility for the City of Brookings; and Whereas, in order to have sufficient land to construct a street maintenance facility, the City of Brookings desires to purchase from the State of South Dakota, the property described as follows: Lots Four (4) and Five (5) of Eberlein’s Addition to the City of Brookings, County of Brookings, State of South Dakota, together with easements of record described as the East Ten Feet (E 10') of Lot Three (3) of said Addition to Brookings, Brookings County, South Dakota, together with all of the grantor’s right, title and interest in and to all vacated streets and alleys adjacent thereto, to the City of Brookings, South Dakota, and Whereas, the above-described real property has been offered for sale to the City of Brookings by the State of South Dakota for the purchase price of $7,650.00 Dollars; Now, Therefore, It is Hereby Resolved by the City Council of the City of Brookings, South Dakota, as follows: A. That the City of Brookings acquire title to the above-described real property from the State of South Dakota for the purposes of additional real property for construction of a street maintenance facility in the City of Brookings, South Dakota; and B. That the Mayor, City Clerk, City Manager and City Attorney are authorized to execute required documents in accordance with this Resolution. Passed and approved on the 24th day of February, 2015. 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 15-011,Version:1 Action on Resolution 15-011, a Resolution adopting a Policy Governing the Use of Sales Tax Revenue to be Granted as an Economic Development Incentive Program. Summary: Attached is a resolution providing for the establishment of an economic development incentive policy utilizing sales tax grants. Proposal: This policy provides for the use of sales tax revenue generated by qualifying businesses, to be returned to them in the form of a grant as an incentive for economic development. The grant constitutes new revenue that would otherwise not be available but for the expansion/location of the qualifying business. Background: This policy institutionalizes the practice we have previously used twice with Bel Brands, USA and 3M. Specifics: -Grant applications must be thoroughly vetted by the City/BEDC and subsequently approved by the City Council before grant awards can be made. -Grants are limited to a maximum rate of two percent sales tax on eligible items which must be previously paid by the qualifying business and subsequently received by the City through the Dept. of Revenue. Documentation for grant payments is required. Grant awards shall not exceed sales taxes paid and credited to sales made in Brookings. -Criteria for grant award to qualifying businesses are stipulated in the policy. -City Council shall determine the term and aggregate amount of grant awards. -Qualifying businesses are defined in the policy. Attachments: Resolution City of Brookings Printed on 2/18/2015Page 1 of 1 powered by Legistar™ Resolution 15-011 A Resolution Hereby Adopting a Policy Governing the Use of Sales Tax Revenue to be Granted as an Economic Development Incentive Program Whereas, the City of Brookings recognizes that publicly-funded investments by local communities represent an effort to retain current economic activity and attract economic growth are necessary to remain competitive; and Whereas, the City further recognizes that grants to qualifying applicants of sales tax revenue generated from said qualifying applicant is a reasonable and prudent means of accomplishing desired economic growth; and Whereas, the City believes the following policy objectives are necessary to govern the policy process for the use of sales tax grants: (1) To facilitate significant and comprehensive investment in new and/or expanding facilities that will grow the tax base and provide a strong commitment to the community. (2) To increase overall community wealth. (3) To encourage diversification of the area economic base and add value to the area economic clusters and employment base. (4) To generate additional sales tax revenue to support budgetary expenditures of the City. (5) To provide long-term community benefits in return for the City’s investment. (6) To insure the recipient project constitutes responsible development and further complies with all other applicable development principles and regulations. Whereas, the City desires to develop and adopt the means and methods by which sales tax grants shall be utilized. Now, Therefore, Be It Resolved by the City Council of the City of Brookings, the following Policy be adopted to wit: A) The City Council may approve a grant to qualifying applicants in any amount deemed necessary not to exceed two percent of local sales tax generated from construction costs, equipment purchases, or local retail sales. B) Qualifying businesses shall be: (i) New or expanding businesses that are retail in nature and can meet the criteria required under Item (H); or that are otherwise addressed under the City’s Retail Acceleration Program. (ii) New or expanding businesses that are commercial/industrial or technology-based in nature and can meet the criteria required under Item (H). C) Grants shall be reviewed and awarded in a fair, consistent, and responsible manner utilizing the resources and process established by the Brookings Economic Development Corporation (BEDC) and the City Council for an objective evaluation of the application. D) Grant awards shall be provided only to the extent demonstrated necessary for the success of the project, and a completed Return on Investment (ROI) analysis yielding results to the satisfaction of the City Council. E) The City Council shall have final approval on all grant applications recommended for approval after having been through the BEDC evaluation and review process. F) As a means of protection and accountability of the public investment, (i) Grant awards shall be reimbursed to the applicant following payment of said sales tax to the State of South Dakota and remitted to the City. (ii) Claims against the grant award must be accompanied by appropriate documentation prescribed by the City as verification of the grant payment. (iii) Grant awards must have suitable financial guarantees as a means of security (‘claw-backs’) and any other such terms deemed essential by the City Council. (iv) The recipient shall be entitled only to grant amounts that it generates and documented by the Department of Revenue as being paid in Brookings. (v) Grant awards shall be limited to either an aggregate amount, a specified time period, or both. G) Applications for sales tax grant assistance shall be made to BEDC on application forms prepared by BEDC. Applicants may be required to cover direct costs of professional services deemed necessary by BEDC and/or the City associated with the review of the application. H) The following criteria shall be used by the BEDC and City Council to consider awards for qualifying applicants: (i)Retail businesses that mitigate sales ‘leakage’ to other markets and retain significant sales in Brookings. (ii)Retail businesses that provide niche product markets not otherwise available and represent significant sales in Brookings. (iii)Commercial, industrial, and technology-related businesses that meet a minimum of one of the following in significant amounts as determined by the City Council: diversify the economic base and occupational mix; provide full-time, upper-income level jobs with employee benefits; have high probability of recruiting employees from other markets; are a necessity for significant and substantial job retention; meet qualifying industry targets; have high probability of complementing existing or recruiting other businesses or entities; represent significant capital investment; retain SDSU graduates; facilitates emerging markets; and does not place an undue burden or hardship on natural resources or services necessary to serve the business. I) Applications shall be deemed approved following adoption of a development agreement between the City and the applicant prescribing all applicable terms and conditions of the grant award. The development agreement shall be prepared by staff of the BEDC, City, and legal counsel. Approved this 24th day of February, 2015B by the City Council of the City of Brookings, South Dakota. CITY OF BROOKINGS ______________________ Tim Reed, Mayor ATTEST: ______________________ Shari Thornes, Attest